34-08 Labor Disputes and Court Proceedings Therein
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involves persons who are engaged in the same industry, trade, craft, or occupation,
or who have a direct or indirect interest therein, or who are employees of the same
employer or who are members of the same or of an affiliated organization of
employers or employees, whether such dispute is:a.Between one or more employers or associations of employers, and one or
more employees or associations of employees.b.Between one or more employers or associations of employers, and one or
more employers or associations of employers.c.Between one or more employees or associations of employees, and one or
more employees or associations of employees; or when such case involves
any conflicting or competing interests of persons participating or interested in a
labor dispute.2."Labor dispute" includes any controversy concerning terms or conditions of
employment or concerning the association or representation of persons in
negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions
of employment whether or not the disputants stand in the proximate relationship of
employer and employee.3.A "person" or "association" must be held to be a person or association participating
or interested in a labor dispute if relief is sought against the person or association
and if the person or association:a.Is engaged in the same industry, trade, craft, or occupation in which such
dispute occurs;b.Has a direct or indirect interest in such dispute; orc.Is a member, officer, or agent of any association composed in whole or in part
of employers or employees engaged in the trade, industry, craft, or occupation
in which such dispute occurs.4."Strike" means the temporary stoppage of work by the concerted action of two or
more employees as a result of a labor dispute.34-08-02. Declaration of public policy. For the purpose of the interpretation of theprovisions of this chapter, the public policy of this state is declared to be that a worker of this
state must be free to decline to associate with the worker's fellow workers, but that the worker
also has full freedom of association, self-organization, and designation of representatives of the
worker's own choosing to negotiate the terms and conditions of the worker's employment, and
that the worker is free in such matters, as well as in other concerted activities for the purposes of
collective bargaining or other mutual aid or protection, from interference, restraint, or coercion by
employers of labor or their agents.34-08-03. Restriction on granting of preventive relief by courts in labor disputes.No court of this state may issue any restraining order or temporary or permanent injunction in a
case involving or growing out of a labor dispute except in strict conformity with the provisions ofPage No. 1this chapter. No such restraining order or temporary or permanent injunction may be issued
contrary to the public policy declared in this chapter.34-08-04.Undertaking or promise to join or resign from labor organization notenforceable.Any undertaking or promise, whether written or oral, express or implied,constituting or contained in any contract or agreement of hiring or employment between any
individual, firm, company, association, corporation, or limited liability company and any employee
or prospective employee of the same, whereby:1.Either party to such contract or agreement undertakes or promises not to join,
become, or remain a member of any labor organization or of any employer
organization; or2.Either party to such contract or agreement undertakes or promises that that party will
withdraw from an employment relationship in the event that that party joins,
becomes, or remains a member of any labor organization or of any employer
organization, and any other undertaking or promise which is in conflict with the
public policy of this state as declared in this chapter,is not enforceable in any court of this state and does not afford any basis for the granting of legal
or equitable relief in any such court.34-08-05. Acts which may not be enjoined or restrained. No court of this state mayissue any restraining order or temporary or permanent injunction in any case involving or growing
out of a labor dispute to prohibit any person or persons participating or interested in such dispute
from doing, whether singly or in concert, any of the following acts:1.Ceasing or refusing to perform any work or to remain in any employment
relationship.2.Becoming or remaining a member of any labor organization or of any employer
organization.3.Paying or giving to, or withholding from, any person participating or interested in
such labor dispute, any strike or unemployment benefits or insurance or other
moneys or things of value.4.By all lawful means, aiding any person participating or interested in any labor dispute
who is being proceeded against in, or who is prosecuting, any action or suit in any
court of the United States or of any state.5.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.6.Assembling peaceably to act or to organize to act, in promotion of their interests in a
labor dispute.7.Advising or notifying any person of an intention to do any of the acts specified in this
section.8.Agreeing with other persons to do, or not to do, any of the acts specified in this
section.9.Advising, urging, or otherwise causing or inducing, without fraud or violence, any of
the acts specified in this section, regardless of the existence of any undertaking or
promise of the kind described in section 34-08-04.Page No. 234-08-06. Labor dispute not an unlawful combination or conspiracy. No court of thisstate may issue a restraining order or temporary or permanent injunction upon the ground that
any of the persons participating or interested in a labor dispute constitute, or are engaged in, an
unlawful combination or conspiracy because of the doing in concert of any of the acts
enumerated in section 34-08-05.34-08-07. Basis upon which restraining order or injunction may be issued. Nocourt of this state may issue a restraining order or a temporary or permanent injunction in any
case involving or growing out of a labor dispute except after hearing the testimony of witnesses in
open court in support of the allegations of a complaint made under oath and the testimony
offered in opposition thereto, and the granting to opposing parties of the right to cross-examine
such witnesses, and except after the court has made and filed with the records in the case
findings of fact to the effect that:1.Unlawful acts have been threatened and will be committed, or have been committed
and will be continued, unless restrained;2.Substantial irreparable injury to complainant's property will follow;3.As to each item of relief granted, greater injury will be inflicted upon complainant by
the denial of relief than will be inflicted upon defendants by the granting of relief; and4.Complainant has no adequate remedy at law.No such restraining order or injunction may be issued on account of any threat or unlawful act
except against a person, association, or organization making the threat or committing the
unlawful act or authorizing or ratifying the same with actual knowledge thereof. Every restraining
order or injunction granted in a case involving or growing out of a labor dispute must include only
a prohibition of such specific act or acts as may be expressly complained of in the complaint filed
in such case and as shall be expressly included in the findings of fact.34-08-08. Hearing required - Notice - When temporary order without notice mayissue. The hearing required under the provisions of section 34-08-07 must be held only after
due and personal notice thereof has been given, in such manner as the court shall direct, to all
known persons against whom relief is sought and also to the chief police officer of the county and
city within which the unlawful acts have been threatened or committed. If a complainant alleges,
however, that unless a temporary restraining order is issued without notice, a substantial and
irreparable injury to complainant's property will be unavoidable, such a temporary restraining
order may be issued upon testimony under oath, sufficient, if sustained, to justify the court in
issuing a temporary injunction upon a hearing after notice. Such a temporary restraining order
becomes void at the expiration of five days. No temporary restraining order or injunction may be
issued except on condition that complainant first shall file an undertaking with adequate security
in an amount to be fixed by the court sufficient to recompense those enjoined for any loss,
expense, or damage caused by the improvident or erroneous issuance of such order or
injunction, including all reasonable costs, expenses, and a reasonable attorney's fee, incurred in
the defense against the order or against the granting of any injunctive relief sought in the same
proceeding and subsequently denied by the court.34-08-09.Judgment may be entered on undertaking - Notice required.Theundertaking mentioned in section 34-08-08 constitutes an agreement entered into by the
complainant and the complainant's surety upon which a judgment may be rendered against the
complainant and the complainant's surety in the same proceeding in which such undertaking is
filed, and such complainant and surety, by filing the undertaking, submit themselves to the
jurisdiction of the court for such purpose. Such judgment shall be rendered only after a hearing
to assess damages, and the complainant and the complainant's surety must have reasonable
notice of such hearing. Nothing contained in this section precludes any party having a claim for
relief upon such undertaking from pursuing the party's ordinary remedy by suit at law.Page No. 334-08-10.Review by supreme court of order granting or denying temporaryinjunction. Whenever any court of this state issues or denies a temporary injunction in a case
involving or growing out of a labor dispute, such court, upon the request of any party to the
proceeding and the filing by that party of a statutory cost bond, shall certify the record of the case
to the supreme court of this state as in other civil cases for review by such court. The appeal
must be heard by the supreme court and the temporary injunctive order must be affirmed,
modified, or set aside by such court with the greatest possible expedition, and such appeal must
have precedence over all other matters except older matters of the same character.34-08-11. Jury trial on contempt charge - Exceptions. In all cases arising under thischapter in which a person is charged with contempt in a court of this state, the accused shall
enjoy the right to a speedy and public trial by an impartial jury, except when the contempt is
alleged to have been committed in the presence of the court or so near thereto as to interfere
directly with the administration of justice, or when the alleged contempt is the misbehavior,
misconduct, or disobedience of any officer of the court in respect to a writ, order, or process of
the court.34-08-12.Change of judge to hear contempt charge - Demand required.Thedefendant in any proceeding for contempt of court arising out of matters covered by the
provisions of this chapter may file with the court, prior to the hearing in such proceeding, a
demand for the retirement of the judge sitting in the proceeding if:1.The contempt is alleged to have arisen from an attack upon the character or conduct
of such judge; and2.The attack which is alleged to be the basis of such proceeding occurred elsewhere
than in the presence of the court or so near thereto as to interfere directly with the
administration of justice.Upon the filing of such demand, the judge shall proceed no further in the matter and another
judge must be designated by the supreme court to hear the same.34-08-13. Member or officer of an organization or association not liable for agents'acts - Exception. No officer or member of any association or organization, and no association
or organization, participating or interested in a labor dispute, may be held responsible or liable in
any court of this state for the unlawful acts of individual officers, members, or agents except upon
clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such
acts, after actual knowledge thereof.34-08-14. Mediators - Appointment - Functions - Compensation. The state laborcommissioner has power to act as mediator, or to appoint any competent, impartial, disinterested
person to act as mediator, in any labor dispute either upon the commissioner's own initiative or
upon the request of one of the parties to the dispute. It is the function of such mediator to bring
the parties together voluntarily under such favorable auspices as will tend to effectuate
settlement of the dispute, but neither the mediator nor the commissioner has any power of
compulsion in mediation proceedings. The commissioner shall provide necessary expenses for
such mediators, other than for the commissioner or the commissioner's deputy, as the
commissioner may appoint, under reasonable compensation plus per diem expenses for each
such mediator, and prescribe reasonable rules of procedure for such mediators.Page No. 4Document Outlinechapter 34-08 labor disputes and court proceedings therein