§ 753-A — Contempts in cases involving or growing out of labor disputes

§ 753-a. Contempts in cases involving or growing out of labor\ndisputes. 1. Notwithstanding any inconsistent provision of law, where\nthe alleged contempt is punishable under section seven hundred fifty\nand/or section seven hundred fifty-three and arises out of any failure\nor refusal to obey any mandate of a court contained in or incidental to\nan injunction order granted by such court in any case involving or\ngrowing out of a labor dispute, no punishment, prescribed by either of\nsuch sections, shall be meted out except after a trial by jury to which\nthe defendant shall be entitled as a matter of right; provided, however,\nthat this section shall not apply to any alleged contempt of such an\ninjunction order committed in the presence of the court.\n 2. As used in this section and in subdivision three of section 215.50\nof the penal law:\n (a) A case shall be held to involve or to grow out of a labor dispute\nwhen the case involves persons who are engaged in the same industry,\ntrade, craft or occupation; or who are employees of one employer; or who\nare members of the same or an affiliated organization of employers or\nemployees; whether such dispute is between one or more employers or\nassociations of employers and one or more employees or associations of\nemployees; between one or more employers or associations of employers\nand one or more employers or associations of employers; or between one\nor more employees or associations of employees and one or more employees\nor associations of employees; or when the case involves any conflicting\nor competing interests in a "labor dispute" (as hereinafter defined) of\n"persons participating or interested" therein (as hereinafter defined).\n (b) The term "labor dispute" includes any controversy concerning terms\nor conditions of employment, or concerning the association or\nrepresentation of persons in negotiating, fixing, maintaining, changing\nor seeking to arrange terms or conditions of employment, or concerning\nemployment relations, or any other controversy arising out of the\nrespective interests of employer and employee, regardless of whether or\nnot the disputants stand in the relation of employer and employee.\n (c) A person or association shall be held to be a person participating\nor interested in a labor dispute if relief is sought against him or it\nand if he or it is engaged in the industry, trade, craft or occupation\nin which such dispute occurs, or is a member, officer or agent of any\nassociation of employers or employees engaged in such industry, trade,\ncraft or occupation.\n