No court nor any judge or judges thereof within the state of New Mexico shall have jurisdiction to issue a permanent injunction or restraining order in any case involving or growing out of a labor dispute, within the state, 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 presented, and except after findings of all the following facts by the court or judge or judges thereof:
A. that unlawful acts have been threatened or committed and will be executed or continued unless restrained;
B. that substantial and irreparable injury to complainant's property will follow unless the relief requested is granted;
C. that complainant has no adequate remedy at law; and
Such hearing shall be held after due notice as may be ordered in the discretion of the court, and in such manner as the court shall direct, to all known persons against whom relief is sought.
History: Laws 1939, ch. 195, § 1; 1941 Comp., § 57-201; 1953 Comp., § 59-2-1.
ANNOTATIONS"Labor dispute" generally. — No precise or particularized definition of term "labor dispute" is practicable, but in analyzing the facts of each controversy, fact finder must determine that a real and sincere dispute exists bearing some relation to the employer and concerning some aspect of employment in his enterprise and then, before injunctive relief may yet be denied, he must determine that the collective bargaining activities are in furtherance of some legitimate interest of labor and not in contravention of public policy of the state. Pomonis v. Hotel, Rest. & Bartenders' Local 716, 1952-NMSC-010, 56 N.M. 56, 239 P.2d 1003.
Scope of "labor disputes". — Judicial determination which confines the meaning of "labor dispute" to direct controversies between employer and employee is inconsistent with the guarantee of freedom of speech. Pomonis v. Hotel, Rest. & Bartenders' Local 716, 1952-NMSC-010, 56 N.M. 56, 239 P.2d 1003.
Labor dispute embraces organizational disputes. — Labor disputes are not necessarily limited to disputes between employer and employees, but the term embraces organizational disputes as well. Romero v. Journeyman Barbers Local 501, 1958-NMSC-007, 63 N.M. 443, 321 P.2d 628.
Authorization for strike and collective bargaining. — Authorization from majority of employees is not necessarily required before a strike or picketing may be lawfully commenced and although some employees subsequently repudiate their authorizations, these acts cannot retroactively destroy the relationship existing between them and the union at the time collective bargaining began. Pomonis v. Hotel, Rest. & Bartenders' Local 716, 1952-NMSC-010, 56 N.M. 56, 239 P.2d 1003.
When picketing not protected. — Picketing in an unlawful manner, or for an unlawful objective, is not constitutionally protected, even though there may exist at the moment a labor dispute. Romero v. Journeymen Barbers Local 501, 1958-NMSC-007, 63 N.M. 443, 321 P.2d 628.
Unlawful conduct generally. — While court cannot condone isolated instances of violence on the part of pickets in labor dispute, where employers likewise did not conduct themselves at all times in a peaceful manner, the latter cannot in equity complain of these acts. Pomonis v. Hotel, Rest. & Bartenders' Local 716, 1952-NMSC-010, 56 N.M. 56, 239 P.2d 1003.
Section not applicable to public employee strikes. — This section does not apply to strikes and work stoppages by public employees in the absence of an express statutory provision. City of Albuquerque v. Campos, 1974-NMSC-065, 86 N.M. 488, 525 P.2d 848.
Unlawful strikes. — Teachers and employees of a local public school system may not lawfully strike against the local school board in the absence of express legislative authority to so strike. 1964 Op. Att'y Gen. No. 64-47.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 3631 et seq.
Lawfulness of strike to compel collective bargaining, 20 A.L.R. 1513.
Right of state or United States to maintain suit to enjoin strike or acts in furtherance thereof, 25 A.L.R. 1245.
Validity and effect of statutes restricting remedy by injunction in industrial disputes, 27 A.L.R. 411, 35 A.L.R. 460, 97 A.L.R. 1333, 106 A.L.R. 361, 120 A.L.R. 316, 124 A.L.R. 751, 127 A.L.R. 868.
Injunction against strike as violating constitutional provision against involuntary servitude, 46 A.L.R. 1541.
Sufficiency of complaint in action to enjoin breach of collective bargaining agreement, 156 A.L.R. 652.
Employer's right to injunction against picketing by labor union to enforce a demand, compliance with which would constitute an unfair labor practice, 162 A.L.R. 1438.
Legality of, and injunction against, peaceable picketing by labor union, of plant whose employees are represented by another union as statutory bargaining agent, 166 A.L.R. 185.
Lawfulness or purpose of peaceable picketing as affecting right to injunction, 174 A.L.R. 593.
Relief against union activities as affected by fact owner operates own business or does part of own work, 2 A.L.R.2d 1196, 13 A.L.R.2d 642.
Injunction against peaceful picketing as affected by employer's lack of opportunity to negotiate with union or employees, 11 A.L.R.2d 1069.
Injunction against peaceful picketing to force employees to join union or to compel employer to enter into a contract which would in effect compel them to do so, in the absence of a dispute between employer and employees as to terms or conditions of employment, 11 A.L.R.2d 1338.
Mandatory injunction prior to hearing of case, 15 A.L.R.2d 213.
Right of third party in area picketed during labor dispute, who has no connection with the dispute, to an injunction against such picketing, 15 A.L.R.2d 1396.
Nonprofit charitable institutions as within operation of labor statutes, 26 A.L.R.2d 1020.
Applicability of Norris-LaGuardia Act and similar state statutes to injunction action by private complainant, 29 A.L.R.2d 323.
State court's power to enjoin picketing as affected by Labor Management Relations Act, 32 A.L.R.2d 1026.
Injunction against picketing, by employees of a plant where labor dispute exists, at another plant of employer where there is no labor dispute, 37 A.L.R.2d 687.
Rights and remedies of workmen blacklisted by labor union, 46 A.L.R.2d 1124.
Legality of peaceful labor picketing on private property, 10 A.L.R.3d 846.
Peaceful picketing of private residence, 42 A.L.R.3d 1353.
Pre-emption, by § 301(a) of Labor-Management Relations Act of 1947 (29 USCS § 185(a)), of employee's state-law action for infliction of emotional distress, 101 A.L.R. Fed. 395.
51B C.J.S. Labor Relations § 781 et seq.