23-1393. Court jurisdiction
A. Any person who is aggrieved or is injured in his business or property by reason
of any violation of this article, or a violation of an injunction issued as provided in
this section, may sue in the superior court in the county having jurisdiction of the
parties for recovery of any damages resulting from the unlawful action, regardless of
where such unlawful action occurred and regardless of where such damage occurred,
including costs of the suit and reasonable attorney fees. On the filing of the suit the
court also has jurisdiction to grant injunctive relief or a temporary restraining order
as it deems just and proper. Petitions for injunctive relief or temporary restraining
orders shall be heard expeditiously. Petitions for temporary restraining orders alleging
a violation of section 23-1385 shall be heard forthwith and if the petition alleges that
substantial and irreparable injury to the petitioner is unavoidable such temporary
restraining orders may be issued pursuant to rule 65 of the Arizona rules of civil
procedure.
B. In the case of a strike or boycott, or threat of a strike or boycott, against an
agricultural employer, the court may grant, and on proper application shall grant as
provided in this section, a ten day restraining order enjoining such a strike or boycott,
provided that if an agricultural employer invokes the court's jurisdiction to issue the
ten day restraining order to enjoin a strike as provided by this subsection, the employer
as a condition must agree to submit the dispute to binding arbitration as the means of
settling the unresolved issues. If the parties cannot agree on an arbitrator within two
days after the court awards a restraining order, the court shall appoint one to decide
the unresolved issues. Any agricultural employer is entitled to injunctive relief
accorded by rule 65 of the Arizona rules of civil procedure on the filing of a verified
petition showing that his agricultural employees are unlawfully on strike or are
unlawfully conducting a boycott, or are unlawfully threatening to strike or boycott, and
that the resulting cessation of work or conduct of a boycott will result in the
prevention of production or the loss, spoilage, deterioration or reduction in grade,
quality or marketability of an agricultural commodity or commodities for human
consumption in commercial quantities. For the purpose of this subsection, an
agricultural commodity or commodities for human consumption with a market value of five
thousand dollars or more constitutes commercial quantities.
C. For the purpose of this article, the superior court has jurisdiction of a labor
organization in this state if such organization maintains its principal office in this
state, or if its duly authorized officers or agents are engaged in promoting or
protecting the interests of agricultural employee members or in the solicitation of such
prospective members in this state.
D. The service of any summons, subpoena or other legal process of the superior
court on an officer or agent of a labor organization, in his capacity as such,
constitutes service on the labor organization.
E. Any labor organization that represents employees as defined in this article, and
any agricultural employer, are bound by the acts of its agents. Any such labor
organization may sue or be sued as an entity and in behalf of the employees whom it
represents in the courts of this state.
F. For the purposes of this article, in determining whether any person is acting as
an agent of another person in order to make the other person responsible for his acts,
the question of whether the specific acts performed were actually authorized or
subsequently ratified is not controlling. Nothing in this section shall be deemed to
preclude an agent being sued both in his capacity as an agent and as an individual.
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