Grounds for issuing injunctions; hearings; temporary order; undertaking

1. Law
2. US Virgin Islands Code
3. Labor
4. Injunctions in Labor Disputes
5. Grounds for issuing injunctions; hearings; temporary order; undertaking

• No court of the Virgin Islands shall have jurisdiction 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, to the effect:

  • (a) that acts of fraud or violence have been threatened and will be committed unless restrained, or said acts have been and will continue to be committed unless restrained; but no injunction or temporary restraining order shall be issued on account of any threat or act of fraud or violence, except against the person or persons or association or organization making the threat of committing the act of fraud or violence or actually authorizing the same after actual knowledge thereof;

  • (b) that substantial and irreparable injury to complainant's physical property will result;

  • (c) that as to each item of relief sought on each allegation greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon the defendants by the granting of relief;

  • (d) that complainant has no other adequate remedy at law; and

  • (e) that the public officers charged with the duty to protect the property of the complainant are unable or unwilling to furnish adequate protection.

• The hearing 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 Police Commissioner.

• If the complainant shall allege that unless a temporary restraining order be issued, a substantial and irreparable injury to complainant's physical property will be unavoidable, the court shall call together the parties affected at the earliest opportunity within the 24 hours following the filing of the application, for a summary hearing which shall be held in chambers or in open court, as the court may determine. The court shall hear both parties briefly, and shall admit such testimony and documentary evidence as may be necessary to form a judgment as to the urgency of the order sought.

• If the labor party to the proceedings shall fail to appear, or if it has not been possible to serve on said party, the court shall hear the complainant.

• Both in the case that both parties appear, as when only one of them does appear, if proof is submitted sufficient for issuing a preliminary injunction in accordance with the requirements of this chapter, a temporary restraining order, which shall be effective for a period of not more than five days, may be issued immediately after the hearing. No restraining order shall be issued except on condition 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, 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.

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