CHAPTER 562*
LABOR DISPUTES

*Act held to apply to pending cases. 127 C. 420. Act does not take away jurisdiction in usual meaning of that word, but limits courts in exercise of power. Id. Repeals by implication section 52-476 as regards injunctions in labor disputes. 134 C. 622. Cited. 139 C. 99. Closely patterned on the Norris-La Guardia Act. 145 C. 77. Interpretation of provisions of a labor contract held to be an issue for the court. 147 C. 608. Cited. 127 C. 421; 134 C. 625; 135 C. 371; 139 C. 334. Used in interpretation of section 31-236. 142 C. 497. Language of definition is broad and has been liberally construed and applied in our cases. 145 C. 77. Picketing by union not connected with employees held a labor dispute within subsection (c). 146 C. 93. (c) Cited. 147 C. 608. Cited. 183 C. 235, 242, 244, 246. Cited. 190 C. 371, 391.
Cited. 8 CS 325; 9 CS 154; 19 CS 452. Act does not affect substantive rights, it is merely procedural. Id. It is the policy of this act to curtail injunctive power of court and not to legalize picketing. Id. Corresponding sections of Norris-La Guardia act set out. Id.; 17 CS 289. Unless otherwise provided for there is no limitation on court's general equity power. 14 CS 22. Where the moving party alleges unfair labor practices, where the facts reasonably bring the controversy within the sections prohibiting these practices and where the conduct, if not prohibited by the National Labor Relations Act, may be reasonably deemed to come within the protection afforded by that act, the state court must decline jurisdiction in deference to the tribunal which congress has selected for determining such issues. 21 CS 252. Labor dispute includes refusal of owner of a chain of theaters to employ union members in certain theaters and not in others. 8 CS 325. Where partners perform all the work involved, attempt by union to coerce partnership into signing a contract did not give rise to a labor dispute. 9 CS 154. Where employees not members of union, no labor dispute existed when union attempted to enforce an agreement between the employer and itself with respect to terms and conditions of the employment of the workers. 10 CS 108. A case between employer and employee concerning terms and conditions of employment was one involving a labor dispute. 13 CS 51. Cited. 14 CS 22; id., 506; 18 CS 74; 19 CS 452. Question of which of two rival unions is entitled to be the bargaining representatives under contract with employer is a labor dispute. 15 CS 327. Labor dispute defined, peaceful picketing upheld. 17 CS 416. Does not require that the disputants be in an employer-employee relationship. 20 CS 333. Cited. 27 CS 158.

Table of Contents

Sec. 31-112. Injunctions. Definitions.
Sec. 31-113. Jurisdiction.
Sec. 31-114. Responsibility for unlawful acts.
Sec. 31-115. Hearings. Temporary order.
Sec. 31-116. Finding of facts required.
Sec. 31-117. Submission to arbitration.
Sec. 31-118. Appeal.
Sec. 31-119. Contempt of court.
Sec. 31-120. Picketing of residences.
Sec. 31-121. Solicitations for employees to state existence of strike or lockout.
Sec. 31-121a. Labor disputes in health care institutions. Appointment of fact-finder by Labor Commissioner.


Sec. 31-112. Injunctions. Definitions. When used in this chapter, except sections 31-120 and 31-121:
(a) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, craft or occupation, or have direct or indirect interests therein, or who are employees of the same employer, or who are members of the same or an affiliated organization of employers or employees, whether such dispute is (1) between one or more employers or associations of employers and one or more employees or associations of employees, (2) between one or more employers or associations of employers and one or more employers or associations of employers, or (3) between one or more employees or associations of employees and one or more employees or associations of employees, or when the case involves any conflicting or competing interests in a labor dispute of persons participating or interested therein;
(b) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against him or it, and if he or it is engaged in the same industry, trade, craft or occupation in which such dispute occurs, or has a direct or indirect interest therein, or is a member, officer or agent of any association composed in whole or in part of employers or employees engaged in such industry, trade, craft or occupation;
(c) The term "labor dispute" includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment or concerning employment relations, or any controversy arising out of the respective interest of employer and employee, regardless of whether or not the disputants stand in the proximate relation of employer and employee.
(1949 Rev., S. 7408.)
Cited. 148 C. 568. Cited. 164 C. 446, 451. Cited. 183 C. 235, 242. Cited. 186 C. 247, 248. Cited. 190 C. 371, 391. Cited. 213 C. 807.
Cited. 34 CS 157, 158.
Cited. 6 Conn. Cir. Ct. 378.
Subsec. (c):
Cited. 201 C. 685, 693.

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Sec. 31-113. Jurisdiction. No court shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute to prohibit any person or persons participating or interested in such dispute from doing, whether singly or in concert, any of the following acts: (a) Ceasing or refusing to perform any work or to remain in any relation of employment; (b) becoming or remaining a member of any labor organization or of any employer organization; (c) paying or giving to, or withholding from, any person participating or interested in such labor dispute any strike or unemployment benefits or insurance, or other moneys or things of value; (d) by all lawful means aiding any person participating or interested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of the United States or of any state; (e) giving publicity to the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking or patrolling or by any other lawful method; (f) assembling peaceably to act or to organize to act in promotion of their interests in a labor dispute; (g) advising or notifying any person of an intention to do any of the acts hereinbefore specified; (h) agreeing with other persons to do or not to do any of the acts hereinbefore specified; and (i) advising or urging or otherwise causing or inducing by any lawful method the acts hereinbefore specified.
(1949 Rev., S. 7409.)
Court may not enjoin peaceful picketing in labor dispute. 127 C. 421. Cited. 134 C. 627; 147 C. 608. Cited. 186 C. 247, 248. Cited. 190 C. 371, 391.
Cited. 9 CS 154; 13 CS 47. When picketing is unlawful. 14 CS 22. Interference with ingress and egress from plant not peaceful picketing. 18 CS 75. Section does not deny courts power to hear and determine injunction actions but only limits them in exercise of that power. 27 CS 156, 158, 159. Cited. 42 CS 227, 230, 232.

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Sec. 31-114. Responsibility for unlawful acts. 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 for the unlawful acts of individual officers, members or agents, except upon proof of actual participation in, or actual authorization of, such acts, or ratification of such acts after actual knowledge thereof.
(1949 Rev., S. 7410.)
Mere fact that persons committing the unlawful acts are acting within the scope of their general authority is not enough. It must appear that authority to do the particular acts charged, or acts generally of that type or quality, was expressly granted or necessarily followed from a granted authority. 150 C. 266. Cited. 186 C. 247, 248. Cited. 190 C. 371, 372, 374, 382, 391, 397, 399, 406, 412. Cited. 203 C. 624, 640.
Cited. 42 CS 336, 342, 345, 346.

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Sec. 31-115. Hearings. Temporary order. No court 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 a finding of facts by the court, to the effect: (a) That unlawful acts have been threatened and will be committed by a person or persons unless such person or persons are restrained therefrom, but no injunction or temporary restraining order shall be issued on account of any threat or unlawful act except 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; (b) that substantial and irreparable injury to the complainant or his property will follow; (c) that as to each item of relief granted greater injury would be inflicted upon the complainant by the denial of relief than would be inflicted upon the defendants by the granting of relief; (d) that the complainant has no adequate remedy at law; and (e) that the public officers charged with the duty to protect the complainant's property are unable or unwilling to furnish adequate protection. Such hearing shall be held after notice thereof has been given, in such manner as the court directs, to all known persons against whom relief is sought, provided, if a complainant also alleges that, unless a temporary restraining order is issued without notice, substantial and irreparable injury to the complainant or his 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 temporary restraining order shall be effective for no longer than three days and shall become void at the expiration of such three days, provided, if a hearing on a temporary injunction has begun before the expiration of such three days, the restraining order may, in the court's discretion, be modified or continued until a decision is reached by said court. No temporary restraining order or temporary injunction shall be issued except on condition that the complainant shall first file an undertaking, with surety satisfactory to the court granting the injunction, to answer all damages in case the plaintiff in the action in which the injunction is applied for fails to prosecute the action to effect.
(1949 Rev., S. 7411; 1967, P.A. 483.)
History: 1967 act added Subdiv. (e) requiring finding of fact that public officers charged with duty to protect complainant's property are unable or unwilling to furnish adequate protection before injunction may be issued.
Cited. 134 C. 626. Picketing to force plaintiff to employ only union members is unlawful and injunctive relief held warranted. 139 C. 95. Cited. 145 C. 77. Money damages held not an adequate remedy when plaintiff harmed by unlawful picketing. 146 C. 93. Where temporary injunction was issued ex parte, without notice, full hearing and finding of facts, plaintiffs were wrongfully enjoined. 148 C. 568. Cited. 177 C. 17, 18. Cited. 186 C. 247, 248. Cited. 188 C. 196, 198, 199. Cited. 190 C. 371, 372, 374, 382, 391, 393, 406, 412. Cited. 203 C. 624, 640.
Cited. 26 CA 610, 613.
"Each item of relief" means the various prohibitory mandates of the injunction. 8 CS 331. Cited. 19 CS 452. Requirement that unlawful acts have been threatened or will be committed not given literal interpretation; court may take jurisdiction where equitable relief alone is sought. 27 CS 156. Whether damages are irreparable depends more on nature of right affected than upon pecuniary loss. Id. Cited. 34 CS 157, 159. Cited. 42 CS 227, 232−234, 239, 240.
Subsec. (a):
Cited. 190 C. 371, 397.
Subsec. (b):
Cited. 190 C. 371, 402.
Cited. 26 CA 610, 614.
Subsec. (c):
Cited. 190 C. 371, 403.
Subsec. (d):
Cited. 190 C. 371, 402.
Subsec. (e):
Cited. 190 C. 371, 404.

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Sec. 31-116. Finding of facts required. 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 a finding of facts made and filed by the court in the record of the case prior to the issuance of such restraining order or injunction, and each restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as are expressly complained of in the complaint or petition filed in such case and as are expressly included in the findings of fact made and filed by the court as provided herein.
(1949 Rev., S. 7412.)
Cited. 145 C. 77; 146 C. 93. Where temporary injunction was issued, ex parte, without notice, full hearing and finding of facts, plaintiffs were wrongfully enjoined. 148 C. 568. Cited. 186 C. 247, 248. Cited. 190 C. 371, 391.

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Sec. 31-117. Submission to arbitration. No temporary injunction shall be made permanent unless the plaintiff alleges and proves that he has notified the labor commissioner in writing of his willingness to submit such labor dispute to arbitration or mediation.
(1949 Rev., S. 7413.)
Cited. 147 C. 608. Cited. 186 C. 247, 248. Cited. 190 C. 371, 391.
Cited. 19 CS 403. Plaintiff employer is entitled to measure of protection from unlawful picketing prior to any submission to conciliatory efforts of commissioner of labor. 34 CS 157, 168. Cited. Id., 157, 166−171.

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Sec. 31-118. Appeal. When any court or a judge thereof issues or denies a temporary injunction in a case involving or growing out of a labor dispute and either party is aggrieved by the decision of the court or judge upon any question of law arising therein, he may appeal from the final judgment of the court or of such judge to the Appellate Court at any time within two weeks of the entry of such judgment. Such appeal shall not designate the term of such court to which the appeal is taken. At the request of either party, the record shall be prepared by the clerk and made available to counsel within two weeks from the completion of such record. The appellant shall file his brief within two weeks from the receipt of the record, and the appellee within one week thereafter. No extensions of time shall be granted to either party for any of the steps required in filing or perfecting such appeal except for illness or other acts of God. Such appeal shall be heard not later than two weeks from the date the appeal is perfected by the filing of such record and briefs with the Appellate Court, and such appeal shall take precedence over all matters except older matters of the same character.
(1949 Rev., S. 7414; 1955, S. 3036d; June Sp. Sess. P.A. 83-29, S. 28, 82.)
History: June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof, deleted provision re suspension of time limitations during June, July and substituted "prepared" for "printed".
"Final judgment" as used in this section means a decision which definitely determines a motion for the issuance of a temporary injunction either in favor of or against the party seeking it. 134 C. 358. Interpretation of "labor dispute." 145 C. 77. Cited. 177 C. 17, 19. Cited. 186 C. 247, 248, 253; Id., 725, 733. Cited. 189 C. 24, 26. Cited. 190 C. 371, 391. Cited. 195 C. 384, 389. Cited. 203 C. 624, 628.
Cited. 22 CA 73, 76. Cited. 25 CA 28, 30. Cited. 26 CA 610, 611. Cited. 29 CA 105, 109. Cited. 37 CA 269, 270.
Cited. Id., 716, 720.

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Sec. 31-119. Contempt of court. Any person charged with contempt of court shall have the same right of admission to bail that is accorded to persons accused of crime and a reasonable time to make a defense, provided the alleged contempt was not committed in the immediate view or presence of the court.
(1949 Rev., S. 7415.)
Cited. 186 C. 247, 248. Cited. 190 C. 371, 391.

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Sec. 31-120. Picketing of residences. No person shall engage in picketing before or about the home or residence of any individual unless such home or residence is adjacent to or in the same building or on the same premises in which such person was employed and which employment is involved in a labor dispute. Any person who violates the provisions of this section shall be fined not more than two hundred dollars or imprisoned not more than six months or both.
(1949 Rev., S. 8610.)
Cited. 186 C. 247, 248. Cited. 190 C. 371, 391. Statute is a "constitutionally impermissible regulation of speech that violates the first and fourteenth amendments" to U.S. Constitution. 203 C. 624−629, 631−634, 636−640.
Residential picketing is prohibited by labor groups on labor issues only and statute is not extended beyond that. 6 Conn. Cir. Ct. 372 et seq.

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Sec. 31-121. Solicitations for employees to state existence of strike or lockout. No employer of labor shall, by himself or by his agent, solicit persons to replace employees, or fill the positions made vacant as the result of a strike, lockout or other labor dispute, by means of newspaper advertisements, posters, oral or written communications, or otherwise, unless such solicitations state plainly and specifically that a strike, lockout or other labor dispute exists. If such statements are printed, they shall be printed in boldface upper case letters, at least ten points larger than the largest of any other type appearing in the statement, and shall be separately stated.
(1955, S. 3021d; 1971, P.A. 340.)
History: 1971 act replaced requirement that statements of existence of strike, lockout, etc. be printed in twelve-point or larger size with provision requiring that statement be printed "at least ten points larger than the largest of any other type appearing in the statement".
Cited. 186 C. 247, 248. Cited. 190 C. 371, 391.

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Sec. 31-121a. Labor disputes in health care institutions. Appointment of fact- finder by Labor Commissioner. In the event of a strike, work stoppage or lockout involving employees of a health care institution licensed by the Department of Public Health under sections 19a-490 to 19a-503, inclusive, the Labor Commissioner shall, upon the request of either party to such labor dispute, appoint an impartial fact-finder if he determines that such dispute is endangering or may endanger the health, welfare and safety of the patients of the institution or the general community. The fact-finder shall inquire into the causes and effects of the dispute and shall issue a report of his findings to the Labor Commissioner and the parties, including nonbinding recommendations for settlement of the dispute. The cost of the fact-finder shall be shared equally by both parties.
(P.A. 87-183; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; (Revisor's note: The phrase "commissioner of labor" was changed editorially by the Revisors to "labor commissioner", in conformance with Sec. 31-1); P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

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