1138-1138.5

LABOR CODE
SECTION 1138-1138.5




1138.  No officer or member of any association or organization, and
no association or organization, participating or interested in a
labor dispute, shall 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 those acts.



1138.1.  (a) No court of this state shall have authority to issue 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, with opportunity for cross-examination, in
support of the allegations of a complaint made under oath, and
testimony in opposition thereto, if offered, and except after
findings of fact by the court, of all of the following:
   (1) That unlawful acts have been threatened and will be committed
unless restrained or have been committed and will be continued unless
restrained, but no injunction or temporary restraining order shall
be issued on account of any threat or unlawful act excepting against
the person or persons, association, or organization making the threat
or committing the unlawful act or actually authorized those acts.
   (2) That substantial and irreparable injury to complainant's
property will follow.
   (3) That 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.
   (4) That complainant has no adequate remedy at law.
   (5) That the public officers charged with the duty to protect
complainant's property are unable or unwilling to furnish adequate
protection.
   (b) The hearing shall be held after due and personal notice
thereof has been given, in the manner that the court shall direct, to
all known persons against whom relief is sought, and also to the
chief of those public officials of the county and city within which
the unlawful acts have been threatened or committed charged with the
duty to protect complainant's property. However, if a complainant
also alleges 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 shall be effective
for no longer than five days and shall become void at the expiration
of those five days. No temporary restraining order shall be issued
unless the judicial officer issuing the temporary restraining order
first hears oral argument from the opposing party or opposing party's
attorney, except in the instances specified in subparagraphs (B) and
(C) of paragraph (2) of subdivision (c) of Section 527 of the Code
of Civil Procedure. No temporary restraining order or temporary
injunction shall be issued except on the condition that the
complainant first files 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 the order or injunction, including all
reasonable costs, together with a reasonable attorney's fee, and
expense of defense against the order or against the granting of any
injunctive relief sought in the same proceeding and subsequently
denied by the court.
   (c) The undertaking shall be an agreement entered into by the
complainant and the surety upon which a decree may be rendered in the
same suit or proceeding against the complainant and surety, upon a
hearing to assess damages of which hearing the complainant and surety
shall have reasonable notice, the complainant and surety submitting
themselves to the jurisdiction of the court for that purpose. Nothing
contained in this section shall deprive any party having a claim or
cause of action under or upon such undertaking from electing to
pursue his or her ordinary remedy by suit at law or in equity.



1138.2.  No restraining order or injunctive relief shall be granted
to any complainant involved in the labor dispute in question who has
failed to comply with any obligation imposed by law, or who has
failed to make every reasonable effort to settle that dispute either
by negotiation or with the aid of any available governmental
machinery of mediation or voluntary arbitration.



1138.3.  No restraining order or temporary or permanent injunction
shall be granted in a case involving or growing out of a labor
dispute, except on the basis of findings of fact made and filed by
the court in the record of the case prior to the issuance of the
restraining order or injunction; and every restraining order or
injunction granted in a case involving or growing out of a labor
dispute shall include only a prohibition of the specific act or acts
as may be expressly complained of in the complaint or petition filed
in such case and as shall be expressly included in findings of fact
made and filed by the court.


1138.4.  The term "labor dispute" as used in this chapter has the
same meaning as set forth in clauses (i), (ii), and (iii) of
paragraph (4) of subdivision (b) of Section 527.3 of the Code of
Civil Procedure.


1138.5.  Sections 1138.1, 1138.2, and 1138.3 shall not apply to any
peace officer as defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2 of the Penal Code.