§ 22-6-1-6 — Hearings; threatened unlawful acts; limitations; security

Indiana § 22-6-1-6

• Jurisdiction: Indiana
• Art. 6: LABOR RELATIONS
• Ch. 1: Labor Disputes; Limitations on Issuance of Injunctions

Text

(a) No court of the state of Indiana shall have
jurisdiction to issue a temporary or permanent injunction in any case
involving or growing out of a labor dispute, as defined in section 12 of
this chapter, 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, to the effect:
(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 authorizing
or ratifying the same after actual knowledge thereof;
(2) that substantial and irreparable injury to complainant's
property will follow;
(3) that as to each item of relief granted 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; and
(5) that the public officer charged with the duty to protect
complainant's property is unable or unwilling to furnish adequate
protection.
(b) Such hearings shall be held 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 of those
public officers 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 shall also allege
that, unless a temporary restraining order shall be 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.
(c) Such a temporary restraining order shall be effective for no
longer than five (5) days and shall become void at the expiration of said
five (5) days.
(d) No temporary restraining order or temporary injunction shall be
issued except on conditions that complainant shall first 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 cost (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 proceedings and
subsequently denied by the court.
(e) The undertaking mentioned in subsection (d) shall be understood
to signify an agreement entered into by the complainant and the surety
upon which the decree may be rendered in the same suit or proceeding
against said complainant and surety, upon a hearing to assess damages
of which hearing complainant and surety shall have reasonable notice,
the said complainant and surety submitting themselves to the
jurisdiction of the court for that purpose. But 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 the party's 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; P.L.136-2018, SEC.122.