CHAPTER 1. LABOR DISPUTES; LIMITATIONS ON ISSUANCE OF INJUNCTIONS
IC 22-6
ARTICLE 6. LABOR RELATIONS
IC 22-6-1
Chapter 1. Labor Disputes; Limitations on Issuance of Injunctions
IC 22-6-1-1
Jurisdiction; public policy
Sec. 1. No court of the state of Indiana, as defined in this chapter,shall have jurisdiction to issue any restraining order or temporary orpermanent injunction in a case involving or growing out of a labordispute, except in a strict conformity with the provisions of thischapter; nor shall any such restraining order or temporary orpermanent injunction be issued contrary to the public policy declaredin this chapter.
(Formerly: Acts 1933, c.12, s.1.) As amended by P.L.144-1986,SEC.157.
IC 22-6-1-2
Freedom of labor; right of association; public policy
Sec. 2. In the interpretation of this chapter and in determining thejurisdiction and authority of the courts of the state, as suchjurisdiction and authority are defined and limited in this chapter, thepublic policy of the state is hereby declared as follows:
Whereas, under prevailing economic conditions, developed withthe aid of governmental authority for owners of property to organizein the corporate and other forms of ownership associations, theindividual unorganized worker is commonly helpless to exerciseactual liberty of contract and to protect his freedom of labor andthereby to obtain acceptable terms and conditions of employment,wherefore, though he should be free to decline to associate with hisfellows, it is necessary that he have full freedom of association,self-organization, and designation of representatives of his ownchoosing, to negotiate the terms and conditions of his employment,and that he shall be free from interference, restraint, or coercion ofemployers of labor or their agents in the designation of suchrepresentatives or in self-organization or in other concerted activitiesfor the purpose of collective bargaining or other mutual aid orprotection; therefore, the following definition of and limitations uponthe jurisdiction and authority of the courts of the state of Indiana arehereby enacted.
(Formerly: Acts 1933, c.12, s.2.) As amended by P.L.144-1986,SEC.158.
IC 22-6-1-3
"Yellow dog" contracts; public policy
Sec. 3. Any undertaking or promise, such as is described in thissection, or any other undertaking or promise in conflict with thepublic policy declared in section 2 of this chapter, is hereby declaredto be contrary to the public policy of the state of Indiana, shall not be
enforceable in any court of the state of Indiana, and shall not affordany basis for the granting of legal or equitable relief by any suchcourt, including specifically the following: Every undertaking orpromise made after May 22, 1933, whether written or oral, expressor implied, constituting or contained in any contract or agreement ofhiring or employment between any individual, firm, company,association, limited liability company, or corporation, and anyemployee or prospective employee of the same, whereby:
(a) either party to such contract or agreement undertakes orpromises not to join, become, or remain a member of any labororganization or of any employer organization; or
(b) either party to such contract or agreement undertakes orpromises that he will withdraw from an employment relation inthe event that he joins, becomes, or remains a member of anylabor organization or of any employer organization.
(Formerly: Acts 1933, c.12, s.3.) As amended by P.L.144-1986,SEC.159; P.L.8-1993, SEC.290.
IC 22-6-1-4
Strikes; picketing; assembly; joining unions
Sec. 4. No court of the state of Indiana shall have jurisdiction toissue any restraining order or temporary or permanent injunction inany case involving or growing out of any labor dispute to prohibitany person or persons participating or interested in such dispute (asthese terms are defined in this chapter) from doing, whether singlyor in concert, any of the following acts:
(a) Ceasing or refusing to perform any work or to remain in anyrelation of employment.
(b) Becoming or remaining a member of any labor organizationor of any employer organization, regardless of any suchundertaking or promise as is described in section 3 of thischapter.
(c) Paying or giving to, or withholding from any personparticipating or interested in such labor dispute, or any strike orunemployment benefits or insurance, or other moneys or thingsof value.
(d) By all lawful means aiding any person participating orinterested in any labor dispute who is being proceeded againstin, or is prosecuting, any action or suit in any court of the stateof Indiana.
(e) Giving publicity to the existence of, or the facts involved in,any labor dispute, whether by advertising, speaking, patrolling,or by any other method not involving fraud or violence.
(f) Assembling peaceably to act or to organize to act inpromotion of their interests in a labor dispute.
(g) Advising or notifying any person of an intention to do anyof the acts specified in this section.
(h) Agreeing with other persons to do or not to do any of theacts specified in this section.
(i) Advising, urging, or otherwise causing or inducing without
fraud or violence the acts specified in this section, regardless ofany such undertaking or promise as is described in section 3 ofthis chapter.
(Formerly: Acts 1933, c.12, s.4.) As amended by P.L.144-1986,SEC.160.
IC 22-6-1-5
Conspiracy; unlawful combination
Sec. 5. No court of the state of Indiana shall have jurisdiction toissue a restraining order or temporary or permanent injunction uponthe ground that any of the persons participating or interested in alabor dispute constitutes or are engaged in an unlawful combinationor conspiracy because of the doing in concert of the acts enumeratedin section 4 of this chapter.
(Formerly: Acts 1933, c.12, s.5.) As amended by P.L.144-1986,SEC.161.
IC 22-6-1-6
Hearings; threatened unlawful acts; limitations; security
Sec. 6. (a) No court of the state of Indiana shall have jurisdictionto issue a temporary or permanent injunction in any case involvingor growing out of a labor dispute, as herein defined, except afterhearing the testimony of witnesses in open court (with opportunityfor cross-examination) in support of the allegations of a complaintmade under oath, and testimony in opposition thereto, if offered, andexcept after findings of fact by the court, to the effect:
(1) that unlawful acts have been threatened and will becommitted unless restrained or have been committed and willbe continued unless restrained, but no injunction or temporaryrestraining order shall be issued on account of any threat orunlawful act excepting against the person or persons,association, or organization making the threat or committing theunlawful act or actually authorizing or ratifying the same afteractual knowledge thereof;
(2) that substantial and irreparable injury to complainant'sproperty will follow;
(3) that as to each item of relief granted injury will be inflictedupon complainant by the denial of relief than will be inflictedupon defendants by the granting of relief;
(4) that complainant has no adequate remedy at law; and
(5) that the public officer charged with the duty to protectcomplainant's property is unable or unwilling to furnishadequate protection.
(b) Such hearings shall be held after due and personal noticethereof has been given, in such manner as the court shall direct, to allknown persons against whom relief is sought, and also to the chiefof those public officers of the county and city within which theunlawful acts have been threatened or committed charged with theduty to protect complainant's property. However, if a complainantshall also allege that, unless a temporary restraining order shall be
issued without notice, a substantial and irreparable injury tocomplainant's property will be unavoidable, such a temporaryrestraining order may be issued upon testimony under oath,sufficient, if sustained, to justify the court in issuing a temporaryinjunction upon a hearing after notice.
(c) Such a temporary restraining order shall be effective for nolonger than five (5) days and shall become void at the expiration ofsaid five (5) days.
(d) No temporary restraining order or temporary injunction shallbe issued except on conditions that complainant shall first file anundertaking with adequate security in an amount to be fixed by thecourt sufficient to recompense those enjoined for any loss, expense,or damage caused by the improvident or erroneous issuance of suchorder or injunction, including all reasonable cost (together with areasonable attorney's fee) and expense of defense against the orderor against the granting of any injunctive relief sought in the sameproceedings and subsequently denied by the court.
(e) The undertaking herein mentioned shall be understood tosignify an agreement entered into by the complainant and the suretyupon which the decree may be rendered in the same suit orproceeding against said complainant and surety, upon a hearing toassess damages of which hearing complainant and surety shall havereasonable notice, the said complainant and surety submittingthemselves to the jurisdiction of the court for that purpose. Butnothing herein contained shall deprive any party having a claim orcause of action under or upon such undertaking from electing topursue his ordinary remedy by suit at law or in equity.
(Formerly: Acts 1933, c.12, s.7.) As amended by P.L.5-1988,SEC.115.
IC 22-6-1-7
Arbitration or mediation; compliance with law
Sec. 7. No restraining order or injunctive relief shall be granted toany complainant who has failed to comply with any obligationimposed by law which is involved in the labor dispute in question, orwho has failed to make every reasonable effort to settle such disputeeither by negotiation or with the aid of any available governmentalmachinery of mediation or voluntary arbitration.
(Formerly: Acts 1933, c.12, s.8.)
IC 22-6-1-8
Complaints; finding of facts; basis of issuing order
Sec. 8. No restraining order or temporary or permanent injunctionshall be granted in a case involving or growing out of a labor dispute,except on the basis of finding of facts made and filed by the court inthe records of the case prior to the issuance of such restraining orderor injunction; and every restraining order or injunction granted in acase involving or growing out of a labor dispute shall include only aprohibition of such specific act or acts as may be expresslycomplained of in the bill of complaint or petition filed in such case
and as shall be expressly included in said findings of fact made andfiled by the court as provided herein.
(Formerly: Acts 1933, c.12, s.9.)
IC 22-6-1-9
Appeal and review; priorities
Sec. 9. Whenever any court of the state shall issue or deny anytemporary injunction in a case involving or growing out of a labordispute, the court shall, upon the request of any party to theproceedings, and on the filing of the usual bond for cost, forthwithcertify as in ordinary cases the record of the case to the supremecourt or the court of appeals for its review. Upon the filing of suchrecords in the supreme court or the court of appeals, the appeal shallbe heard and the temporary injunction order affirmed, modified, orset aside with the greatest possible expedition giving the proceedingsprecedence over all other matters except older matters of the samecharacter.
(Formerly: Acts 1933, c.12, s.10.) As amended by P.L.3-1989,SEC.137.
IC 22-6-1-10
Contempt; speedy trial
Sec. 10. In all cases arising under this chapter in which a personshall be charged with contempt in a court of the state of Indiana (asdefined in this chapter), the accused shall enjoy the right to a speedyand public trial by an impartial jury of the state and county whereinthe contempt shall have been committed; provided, that this rightshall not apply to contempts committed in the presence of the courtor so near thereto as to interfere directly with the administration ofjustice or to apply to the misbehavior, misconduct, or disobedienceof any officer of the court in respect to the writs, orders, or processof the court.
(Formerly: Acts 1933, c.12, s.11.) As amended by P.L.144-1986,SEC.162.
IC 22-6-1-11
Contempt; change of judge
Sec. 11. The defendant in any proceeding for contempt of courtmay file with the court a demand for the retirement of the judgesitting in the proceeding, if the contempt arises from an attack uponthe character or conduct of such judge and if the attack occurredelsewhere than in the presence of the court or so near thereto as tointerfere directly with the administration of justice. Upon the filingof any such demand the judge shall thereupon proceed no further, butanother judge shall be designated in the same manner as is providedby law. The demand shall be filed prior to the hearing in thecontempt proceeding.
(Formerly: Acts 1933, c.12, s.12.)
IC 22-6-1-12 Definitions
Sec. 12. When used in this chapter and for the purpose of thischapter:
(a) A case shall be held to involve or grow out of a labor disputewhen the case involves persons who are engaged in the sameindustry, trade, craft, or occupation, or have direct or indirectinterests therein, or who are employees of the same employer, or whoare members of the same or an affiliated organization of employersor employees, whether such dispute is:
(1) between one (1) or more employers or association ofemployers and one (1) or more employees or association ofemployees;
(2) between one (1) or more employers or association ofemployers and one (1) or more employer or association ofemployers; or
(3) between one (1) or more employees or association ofemployees and one (1) or more employees or association ofemployees;
or when the case involves any conflicting or competing interests ina labor dispute (as defined in subsection (c)) of persons participatingor interested therein (as defined in subsection (b)).
(b) A person or association shall be held to be a "personparticipating or interested in a labor dispute" if relief is soughtagainst him or it, and if he or it is engaged in the same industry,trade, craft, or occupation in which such dispute occurs, or has director indirect interest therein, or is a member, officer, or agent of anyassociation composed in whole or in part of employers or employeesengaged in such industry, trade, craft, or occupation.
(c) The term "labor dispute" includes any controversy concerningterms or conditions of employment or concerning the association orrepresentation of persons in negotiating, fixing, maintaining,changing, or seeking to arrange terms or conditions of employment,regardless of whether or not the disputants stand in the proximaterelation of employer and employee.
(d) The term "court of the state of Indiana" means any court of thestate of Indiana whose jurisdiction is conferred or defined or limitedby statute.
(Formerly: Acts 1933, c.12, s.13.) As amended by P.L.144-1986,SEC.163.