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California Code Of Civil Procedure Section 527.3

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 527.3

(a) In order to promote the rights of workers to engage in
concerted activities for the purpose of collective bargaining,
picketing or other mutual aid or protection, and to prevent the evils
which frequently occur when courts interfere with the normal
processes of dispute resolution between employers and recognized
employee organizations, the equity jurisdiction of the courts in
cases involving or growing out of a labor dispute shall be no broader
than as set forth in subdivision (b) of this section, and the
provisions of subdivision (b) of this section shall be strictly
construed in accordance with existing law governing labor disputes
with the purpose of avoiding any unnecessary judicial interference in
labor disputes.
   (b) The acts enumerated in this subdivision, whether performed
singly or in concert, shall be legal, and no court nor any judge nor
judges thereof, shall have jurisdiction to issue any restraining
order or preliminary or permanent injunction which, in specific or
general terms, prohibits any person or persons, whether singly or in
concert, from doing any of the following:
   (1) Giving publicity to, and obtaining or communicating
information regarding the existence of, or the facts involved in, any
labor dispute, whether by advertising, speaking, patrolling any
public street or any place where any person or persons may lawfully
be, or by any other method not involving fraud, violence or breach of
the peace.
   (2) Peaceful picketing or patrolling involving any labor dispute,
whether engaged in singly or in numbers.
   (3) Assembling peaceably to do any of the acts specified in
paragraphs (1) and (2) or to promote lawful interests.
   (4) Except as provided in subparagraph (iv), for purposes of this
section, "labor dispute" is defined as follows:
   (i) 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 (a) between one or more employers
or associations of employers and one or more employees or
associations of employees; (b) between one or more employers or
associations of employers and one or more employers or associations
of employers; or (c)  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" or "persons participating or interested" therein (as
defined in subparagraph (ii)).
   (ii) A person or association shall be held to be a person
participating or interested in  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.
   (iii) 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
regardless of whether or not the disputants stand in the proximate
relation of employer and employee.
   (iv) The term "labor dispute" does not include a jurisdictional
strike as defined in Section 1118 of the Labor Code.
   (c) Nothing contained in this section shall be construed to alter
or supersede the provisions of Chapter 1 of the 1975-76 Third
Extraordinary Session, and to the extent of any conflict between the
provisions of this act and that chapter, the provisions of the latter
shall prevail.
   (d) Nothing contained in this section shall be construed to alter
the legal rights of public employees or their employers, nor shall
this section alter the rights of parties to collective-bargaining
agreements under the provisions of Section 1126 of the Labor Code.
   (e) It is not the intent of this section to permit conduct that is
unlawful including breach of the peace, disorderly conduct, the
unlawful blocking of access or egress to premises where a labor
dispute exists, or other similar unlawful activity.

Last modified: January 12, 2009