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Regular Session, 2014
HOUSE BILL NO. 922
BY REPRESENTATIVE STUART BISHOP
LABOR: Provides with respect to labor protest civility
AN ACT1
To amend and reenact R.S. 23:841, 844 through 846, and 849 and to enact R.S. 23:821(4),2
relative to labor organizations and labor disputes; to provide with respect to mass3
picketing; to provide for definitions; to provide for injunctions and retraining orders;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:841, 844 through 846, and 849 are hereby amended and reenacted7
and R.S. 23:821(A) is hereby enacted to read as follows:8
§821. Definitions9
When used in Parts I and II of this Chapter, and for the purposes thereof:10
* * *11
(4) "Mass picketing" shall include any of the following:12
(a) Hindering or preventing any lawful work or employment by congregating13
to protest and using unlawful threats or force.14
(b) Obstructing or interfering with entrance to or egress from any place of15
employment.16
(c) Obstructing or interfering with free and uninterrupted use of public roads,17
streets, highways, railways, airports, waterways, or other ways of travel or18
conveyance by congregating to protest.19 HLS 14RS-1161 ORIGINAL
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(d) Engaging in a protest at a private residence by any means or method.1
* * *2
§841. Injunctions; limitation on courts' authority to issue3
A. No court shall issue any restraining order or temporary or permanent4
injunction which in specific or general terms prohibits any person or persons from5
doing, whether singly or in concert, any of the following acts:6
(1) Ceasing or refusing to perform any work or to remain in any relation of7
employment regardless of any promise, undertaking, contract or agreement to do8
such work or to remain in such employment .9
(2) Becoming or remaining a member of any labor organization or of any10
employer organization, regardless of any such undertaking or promise as is described11
in R.S. 23:823.12
(3) Paying or giving to, or withholding from, any person any strike or13
unemployment benefits or insurance or other moneys or things of value .14
(4) Aiding any person by any lawful means, who is being proceeded against15
in, or is prosecuting any action or suit in any court of the United States or of any16
state.17
(5) Giving publicity to and obtaining or communicating information18
regarding the existence of, or the facts involved in, any dispute, whether by19
advertising, speaking, patrolling any public street or any place where persons may20
lawfully be, without intimidation or coercion, or by any other method not involving21
fraud, violence, breach of the peace, or threat thereof.22
(6) Ceasing to patronize or to employ any person or persons .23
(7) Assembling peaceably to do or to organize to do any of the acts24
heretofore specified or to promote lawful interests.25
(8) Advising or notifying any person or persons of an intention to do any of26
the acts heretofore specified.27
(9) Agreeing with other persons to do or not to do any of the acts heretofore28
specified.29 HLS 14RS-1161 ORIGINAL
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(10) Advising, urging, or inducing without fraud, violence, or threat thereof,1
others to do the acts heretofore specified, regardless of any such undertaking or2
promise as is described in R.S. 23:823.3
(11) Doing in concert of any or all the acts heretofore specified on the4
ground that the persons engaged therein constitute an unlawful combination or5
conspiracy.6
B. Notwithstanding any provision of Subsection A to the contrary, a court7
shall issue an injunction prohibiting a person from participating in mass picketing.8
C. An employer or other person who is subject to mass picketing may bring9
an action to enjoin in a court of competent jurisdiction. The court shall grant10
injunctive relief if it finds that the defendant has engaged, or threatened to engage,11
in mass picketing without regard to the existence of other remedies, demonstration12
of irreparable harm, or other factors.13
D. Nothing in Subsection B of this Section shall be construed to interfere14
with the constitutionally granted freedom of assembly, freedom of speech, or15
freedom of association.16
* * *17
§844. Injunctions and restraining orders, grounds for issuance; proof required18
A. No court shall issue a temporary or permanent injunction in any case19
involving or growing out of a labor dispute, as herein defined, except after hearing20
the testimony of witnesses in open court, with opportunity for cross-examination, in21
support of the allegations of a complaint made under oath, and testimony in22
opposition thereto, if offered, and except after findings of fact by the court to the23
effect:24
(1) That unlawful acts have been threatened or committed and will be25
executed or continued unless restrained;26
(2) That substantial and irreparable injury to complainant's property will27
follow unless the relief requested is granted;28 HLS 14RS-1161 ORIGINAL
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(3) That as to each item of relief granted greater injury will be inflicted upon1
complainant by the denial thereof than will be inflicted upon the defendants by the2
granting thereof;3
(4) That no item of relief granted is relief that a court has no authority to4
restrain or enjoin under R.S. 23:841(A);5
(5) That complainant has no adequate remedy by ordinary legal procedure;6
and7
(6) That the public officers charged with the duty to protect complainant's8
property have failed or are unable to furnish adequate protection.9
B. An employer or other person who is subject to mass picketing prohibited10
pursuant to R.S. 23:841(B) shall not be required to furnish proof of any of the11
following:12
(1) That substantial and irreparable injury to complainant's property will13
follow unless the relief requested is granted.14
(2) That as to each item of relief granted greater injury will be inflicted upon15
complainant by the denial thereof than will be inflicted upon the defendants by the16
granting thereof.17
(3) That no item of relief granted is relief that a court has no authority to18
restrain or enjoin under R.S. 23:841(A).19
(4) That complainant has no adequate remedy by ordinary legal procedure.20
(5) That the public officers charged with the duty to protect complainant's21
property have failed or are unable to furnish adequate protection.22
C. Such hearing shall be held after due and personal notice thereof has been23
given, in such manner as the court shall direct, to all known persons against whom24
relief is sought, and also to those public officers charged with the duty to protect25
complainant's property.26
D. If a complainant shall also allege that unless a temporary restraining order27
is issued before such hearing can be had a substantial and irreparable injury to28
complainant's property will be unavoidable, such a temporary restraining order may29 HLS 14RS-1161 ORIGINAL
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be granted upon the expiration of such reasonable notice of application therefor as1
the court may direct by order to show cause, but in no case less than forty-eight2
hours.3
E. Such order to show cause shall be served upon such party or parties as are4
sought to be restrained and as shall be specified in said order, and the restraining5
order shall issue only upon testimony, or in the discretion of the court, upon6
affidavits, sufficient, if sustained, to justify the court in issuing a temporary7
injunction upon a hearing as herein provided for.8
F. Such a temporary restraining order shall be effective for no longer than9
five days, at the expiration of which time it shall become void and not subject to10
renewal or extension; provided, that if the hearing for a temporary injunction shall11
have been begun before the expiration of the said five days the restraining order may,12
in the court's discretion, be continued until a decision is reached upon the issuance13
of the temporary injunction.14
G. No Except for temporary restraining orders or temporary injunctions15
sought to enjoin prohibited mass picketing activities, no temporary restraining order16
or temporary injunction shall be issued except on condition that complainant shall17
first file an undertaking with adequate security sufficient to recompense those18
enjoined for any loss, expense, or damage caused by the improvident or erroneous19
issuance of such order or injunction, including all reasonable costs, together with a20
reasonable attorney's fee, and expense against the order or against the granting of any21
injunctive relief sought in the same proceeding and subsequently denied by the court.22
Security shall not be required in a suit to enjoin prohibited mass picketing activities.23
H. The undertaking herein mentioned shall be understood to signify an24
agreement entered into by the complainant and the surety upon which a decree may25
be rendered in the same suit or proceeding against the said complainant and surety,26
the said complainant and surety submitting themselves to the jurisdiction of the court27
for that purpose. But nothing herein contained shall deprive any party having a28 HLS 14RS-1161 ORIGINAL
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claim or cause of action under or upon such undertaking from electing to pursue his1
ordinary remedy by suit at law.2
§845. Failure of complainant to attempt settlement of disputes; effect on right to3
injunctive relief4
No Except for in cases of mass picketing, no restraining order or injunctive5
relief shall be granted to any complainant who has failed to comply with any6
obligation imposed by law which is involved in the labor dispute in question, or who7
has failed to make every reasonable effort to settle such dispute either by negotiation8
or with the aid of any available machinery of governmental mediation or voluntary9
arbitration, but nothing herein contained shall be deemed to require the court to await10
the action of any such tribunal if irreparable injury is threatened.11
§846. Findings of fact as basis for injunctive relief; persons affected12
No restraining order or temporary or permanent injunction shall be granted13
in a case involving or growing out of a labor dispute or involving mass picketing14
activities, except on the basis of findings of fact made and filed by the court in the15
record of the case prior to the issuance of such restraining order or injunction; and16
every restraining order or injunction granted in a case involving or growing out of17
a labor dispute shall include only a prohibition of such specific act or acts as may be18
expressly complained of in the petition filed in such case and expressly included in19
the findings of fact made and filed by the court as provided herein. The restraining20
order, or temporary or permanent injunction shall be binding only upon the parties21
to the suit, their agents, servants, employees and attorneys, or those in active concert22
and participation with them, and who shall by personal service or otherwise have23
received actual notice of the same.24
* * *25
§849. Punishment for contempt26
The A. Except for injunctions issued for prohibited mass picketing activities,27
the punishment for contempt under R.S. 23:848, may be by fine, not exceeding one28
hundred dollars, or by imprisonment not exceeding fifteen days, or both. Where a29 HLS 14RS-1161 ORIGINAL
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person is committed to jail, for the nonpayment of the fine he must shall be1
discharged at the expiration of fifteen days; but where he is also committed for a2
definite time, the fifteen days must shall be computed from the expiration of the3
definite time.4
B. The punishment for contempt of an order enjoining prohibited mass5
picketing activities shall be a civil fine of one thousand dollars for each day of the6
violation. If a union or other organization continues to sponsor or assist in the7
prohibited activity in violation of the injunction, the union or organization shall be8
subject to a civil fine of ten thousand dollars for each day of the violation. The civil9
fine shall be paid to the court and upon a showing of damages to business sales,10
business opportunities, or property, the employer, union, organization, or other entity11
that was the subject of the prohibited activity shall be compensated from the payment12
made to the court.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Stuart Bishop HB No. 922
Abstract: Provides for prohibitions on certain picketing activities and the procedures for
violations.
Present law provides definitions relative to labor disputes and labor organizations.
Proposed law adds the term "mass picketing" to the list of definitions and provides that mass
picketing includes:
(1)Hindering or preventing any lawful work or employment by congregating to protest
and using unlawful threats or force.
(2)Obstructing or interfering with entrance to or egress from any place of employment.
(3)Obstructing or interfering with free and uninterrupted use of public roads, streets,
highways, railways, airports, waterways, or other ways of travel or conveyance by
congregating to protest.
(4)Engaging in a protest at a private residence by any means or method.
Present law prohibits a court from issuing an injunction to prohibit when an employee ceases
to work, becomes a member of a labor organization, withholding or paying any strike or
unemployment benefits, lawfully aiding someone who is being proceeded against or
prosecuted, giving publicity to or obtaining or communicating information regarding a HLS 14RS-1161 ORIGINAL
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dispute, ceasing to patronize or employ any person, assembling peaceably to promote lawful
interests, or advising others to do or not to do any of the aforementioned acts.
Proposed law excepts the act of mass picketing from the list of acts for which an injunction
or restraining order may not be granted.
Proposed law provides that an employer need not prove substantial and irreparable injury
to his property to be granted relief.
Present law provides that no temporary restraining orders or temporary injunctions may be
issued except when the complainant files an undertaking with adequate security sufficient
to recompense those enjoined for any loss, expense, or damage.
Proposed law excepts temporary restraining orders or temporary injunctions sought to enjoin
mass picketing activities from present law.
Present law provides that no restraining order or injunctive relief shall be granted to any
complainant who has failed to make reasonable effort to settle disputes.
Proposed law excepts mass picketing activities from present law.
Present law provides that punishment for contempt may be by a fine not exceeding $100 or
by imprisonment not exceeding 15 days, or both.
Proposed law provides that the punishment for contempt of an order enjoining prohibited
mass picketing activities shall be $1,000 for each day of the violation.
Proposed law further provides that if a union or other organization continues to sponsor or
assist in the prohibited activity, they shall be subject to a fine of $10,000 for each day of
violation. Proposed law further provides that the civil fine shall be paid to the court and
upon a showing of damages to business sales, the damaged party shall be compensated.
Proposed law provides that proposed law shall not be construed to affect or limit any
existing property rights.
Proposed law provides that proposed law shall not be construed to violate the right to
freedom of speech, freedom of assembly, and freedom of association.
(Amends R.S. 23:841, 844-846, and 849; Adds R.S. 23:821(4))