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.
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.
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.
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.
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.
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.
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.
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.