1997 Wisconsin Act 253

253,85 Section 85 . 103.53 (1) of the statutes is amended to read:

103.53 (1) The following acts, whether performed singly or in concert, shall be considered legal:

(a) Ceasing or refusing to perform any work or to remain in any relation of employment regardless of any promise, undertaking, contract or agreement in violation of the public policy declared in s. 103.52;.

(b) Becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in s. 103.52;.

(c) Paying or giving to, any person any strike or unemployment benefits or insurance or other moneys or things of value;.

(d) By all Aiding, by lawful means aiding, any person 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 and obtaining or communicating information regarding the existence of, or the facts involved in, any dispute, whether by advertising, speaking, patrolling any public street or any place where any person or persons may lawfully be, without intimidation or coercion, or by any other method not involving fraud, violence, breach of the peace, or threat thereof; of fraud, violence or breach of the peace.

(f) Ceasing to patronize or to employ any person or persons, but, except that nothing herein in this paragraph shall be construed to legalize a secondary boycott; .

(g) Assembling peaceably to do or to organize to do any of the acts heretofore specified in pars. (a) to (f) or to promote lawful interests;.

(h) Advising or notifying any person or persons of an intention to do any of the acts heretofore specified ; in pars. (a) to (g).

(i) Agreeing with other persons to do or not to do any of the acts heretofore specified; specified in pars. (a) to (h).

(j) Advising, urging, or inducing without fraud, violence, or threat thereof of fraud or violence, others to do the acts heretofore specified in pars. (a) to (i), regardless of any such undertaking or promise as is described in s. 103.52; and.

(k) Doing in concert any or all of the acts heretofore specified shall not constitute an unlawful combination or conspiracy; in pars. (a) to (j).

(L) Peaceful picketing or patrolling, whether engaged in singly or in numbers, shall be legal.

Note: Replaces semicolons, deletes redundant language and replaces nonspecific references with specific references for greater readability and conformity with current style.

253,86 Section 86 . 103.53 (2) of the statutes is amended to read:

103.53 (2) No court, nor any judge or judges thereof, shall have jurisdiction to issue any restraining order or temporary or permanent injunction which, in specific or general terms, prohibits any person or persons from doing, whether singly or in concert, any of the foregoing acts specified in sub. (1).

Note: Replaces nonspecific reference with specific reference and deletes redundant language for greater readability and conformity with current style.

253,87 Section 87 . 103.535 of the statutes is amended to read:

103.535 Unlawful conduct in labor controversies. It shall be unlawful for anyone to No person may picket, or induce others to picket, the establishment, employes, supply or delivery vehicles, or customers of anyone engaged in business, or to interfere with the person's business, or interfere with any person or persons desiring to transact or transacting business with the person, when no labor dispute, as defined in s. 103.62 (3), exists between the employer and the employer's employes or their representatives.

Note: Replaces language and deletes redundant language for greater readability and conformity with current style.

253,88 Section 88 . 103.54 of the statutes is renumbered 103.54 (intro.) and amended to read:

103.54 Responsibility for unlawful acts. (intro.) No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute (as these terms are defined in s. 103.62) shall, may be held responsible or liable in any civil action at law or suit in equity, or in any criminal prosecution, for the unlawful acts of individual officers, members, or agents, except upon proof by a preponderance of the evidence and without the aid of any presumptions of law or fact, both of (a) the doing of such acts by persons who are of all of the following:

(1) That individual officers, members or agents of any such the association or organization, and (b) actual participation in, or actual authorization of, such acts, or ratification of such committed those acts.

(2) That the officer or member, or association or organization, sought to be held liable or responsible actually participated in or authorized those acts or ratified those acts after with actual knowledge thereof by such association or organization of those acts.

Note: Reorganizes provision, replaces language and nonspecific references with specific references and deletes redundant language for greater readability and conformity with current style.

253,89 Section 89 . 103.55 (1) of the statutes is amended to read:

103.55 (1) Equity procedure that permits a complaining party to obtain sweeping injunctive relief that is not preceded by or conditioned upon notice to and hearing of the responding party or parties, or that issues after hearing based upon written affidavits alone and not wholly or in part upon examination, confrontation and cross-examination of witnesses in open court, is peculiarly subject to abuse in labor litigation for the reasons that all of the following reasons:

(a) The That the existing state of affairs cannot be maintained but is necessarily altered by the injunction; .

(b) Determination That determination of issues of veracity and of probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error; .

(c) Error That error in issuing the injunctive relief is usually irreparable to the opposing party; and.

(d) Delay That delay incident to the normal course of appellate practice frequently makes ultimate correction of error in law or in fact unavailing in the particular case.

Note: Replaces language and semicolons with periods for greater readability and conformity with current style.

253,90 Section 90 . 103.56 (1) (intro.) and (a) to (e) of the statutes are amended to read:

103.56 (1) (intro.) No court nor any judge or judges thereof shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as defined in s. 103.62, 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 to the allegations of the complaint, if offered, and except after findings of all of the following facts by the court or judge or judges thereof:

(a) That unlawful acts have been threatened or committed and will be executed or continued unless restrained;.

(b) That substantial and irreparable injury to complainant's property will follow unless the relief requested is granted;.

(c) That as to each item of relief granted greater injury will be inflicted upon the complainant by the denial thereof of that relief than will be inflicted upon the defendants by the granting thereof; of that relief.

(d) That the relief to be granted does not violate s. 103.53;.

(e) That the complainant has no adequate remedy at law; and.

Note: Replaces parentheses and semicolons, deletes redundant phrases and inserts specific references for greater readability and conformity with current style.

253,91 Section 91 . 103.56 (2) of the statutes is amended to read:

103.56 (2) Such A hearing under sub. (1) shall be held after due and personal notice thereof of the hearing has been given, in such the manner as that the court shall direct, to all known persons against whom relief is sought, and also to those public officers who are charged with the duty to protect the complainant's property. Provided, however, that if a complainant shall also allege that unless a temporary restraining order shall be issued before such hearing may be had, a substantial and irreparable injury to complainant's property will be unavoidable, such temporary restraining order may be granted upon the expiration of such reasonable notice of application therefor as the court may direct by order to show cause, but in no case less than forty-eight hours.

Note: Adds cross-reference and replaces word form of numbers with digits and other language for greater readability and conformity with current style. The 2nd sentence of this provision is stricken and added to sub. (3) for more logical placement. See the next section of this bill.

253,92 Section 92 . 103.56 (3) of the statutes is amended to read:

103.56 (3) Such If a complainant alleges that a substantial and irreparable injury to the complainant's property will be unavoidable unless a temporary restraining order is issued before a hearing under sub. (1) may be had, a temporary restraining order may be granted on reasonable notice of application for the temporary restraining order as the court may direct by order to show cause, but in no case less than 48 hour's notice. The order to show cause shall be served upon such the party or parties as that are sought to be restrained and as shall be that are specified in said the order , and then. The order shall be issued only upon testimony under oath, or , in the discretion of the court, upon affidavits, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing as herein provided for under this section.

Note: See the note to the previous section of this bill. Divides preexisting provision into 2 sentences and replaces word form of numbers with digits and other language for greater readability and conformity with current style.

253,93 Section 93 . 103.56 (4) of the statutes is amended to read:

103.56 (4) Such a A temporary restraining order issued under sub. (3) shall be effective for no longer than five 5 days, and, at the expiration of said five days the 5-day period, shall become void and not subject to renewal or extension, provided, however, except that if the hearing for a temporary injunction shall have been begun begins before the expiration of the said five days the 5-day period the restraining order may in the court's discretion be continued until a decision is reached upon on the issuance of the temporary injunction.

Note: Replaces word form of numbers with digits and other language for greater readability and conformity with current style.

253,94 Section 94 . 103.56 (5) of the statutes is amended to read:

103.56 (5) No temporary restraining order or temporary injunction shall may be issued under this section except on condition that the complainant shall first file files an undertaking with adequate security sufficient to recompense compensate those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of such the order or injunction, including all reasonable costs (together with a, reasonable attorney's fee) attorney fees and expense against expenses that will be incurred in opposing the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.

Note: Inserts cross-reference, deletes parentheses and replaces word form of numbers with digits and other language for greater readability and conformity with current style.

253,95 Section 95. 103.56 (6) of the statutes is amended to read:

103.56 (6) The undertaking herein mentioned required under sub. (5) shall be understood to signify represent an agreement entered into by between the complainant and the surety upon which a decree may be rendered in the same suit or proceeding against said the complainant and surety, the said complainant and surety submitting themselves to the jurisdiction of the court for that purpose. But However, nothing herein contained shall deprive in this section deprives any party having a claim or cause of action under or upon such an undertaking filed under sub. (5) from electing to pursue an ordinary remedy by suit at law or in equity.

Note: Inserts cross-references and replaces word form of numbers with digits and other language for greater readability and conformity with current style.

253,96 Section 96 . 103.57 of the statutes is amended to read:

103.57 Clean hands doctrine. No restraining order or injunctive relief shall may be granted to any complainant who has failed to comply with any legal obligation which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle such the dispute either by negotiation or with the aid of any available machinery of governmental mediation or voluntary arbitration, but nothing herein contained shall be deemed to require the in this section requires a court to await the action of any such tribunal if irreparable injury is threatened.

Note: Replaces language and nonspecific references with specific references and deletes redundant language for greater readability and conformity with current style.

253,97 Section 97 . 103.58 of the statutes is renumbered 103.58 (intro.) and amended to read:

103.58 Injunctions: contents. Except as provided in s. 103.56 no, any restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except is subject to all of the following:

(1) The order or injunction may be granted only on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of such restraining the order or injunction; and every restraining.

(2) The order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such those specific act or acts as may be that are expressly complained of in the bill of complaint or petition filed in such the case and expressly included in said findings of fact made and filed by the court as provided herein; and under sub. (1).

(3) The order or injunction shall be binding only upon the parties to the suit, their agents, servants, employes and attorneys, or those in active concert and participation with them, and who shall by personal service or otherwise have received actual notice of the same order or injunction.

Note: Subdivides provision and replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,98 Section 98 . 103.59 of the statutes is amended to read:

103.59 Injunctions: appeals. If any court issues or denies any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, and on filing the usual bond for costs, forthwith immediately certify the entire record of the case, including a transcript of the evidence taken, to the appropriate appellate court for its review. Upon the filing of the record in the appropriate appellate court, the appeal shall be given preference.

Note: Replaces language for greater readability and conformity with current style.

253,99 Section 99 . 103.60 (intro.) of the statutes is amended to read:

103.60 Contempt cases. (intro.) If a person is charged with contempt under this chapter for violation of a restraining order or injunction issued by a court or judge or judges thereof, the accused shall enjoy all of the following:

Note: Deletes redundant language for greater readability and conformity with current style.

253,100 Section 100 . 103.60 (1) of the statutes is amended to read:

103.60 (1) The rights as to admission to bail that are accorded to persons accused of a crime.

Note: Deletes redundant language for greater readability and conformity with current style.

253,101 Section 101 . 103.60 (2) of the statutes is amended to read:

103.60 (2) The right to be notified of the accusation and a reasonable time to make a defense, provided if the alleged contempt is not committed in the immediate view or presence of the court.

Note: Replaces language for greater readability and conformity with current style.

253,102 Section 102 . 103.60 (3) of the statutes is amended to read:

103.60 (3) Upon demand, the right to a speedy and public trial by an impartial jury of the county in which the contempt was committed, provided except that this requirement shall not be construed to does not apply to contempts committed in the presence of the court or so near thereto to the court as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct or disobedience of any officer of the court in respect to the writs, orders or process of the court. All contempt proceedings brought for the alleged violation of any such restraining order or injunction are independent, original, special proceedings and shall require a unanimous finding of the jury.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,103 Section 103. 103.61 of the statutes is amended to read:

103.61 Punishment for contempt. Punishment for a contempt, specified in s. 103.60, may be by fine, not exceeding $25, or by imprisonment not exceeding ten 10 days, in the jail of the county where the court is sitting, or both, in the discretion of the court. Where If a person is committed to jail, for the nonpayment of such a fine imposed under this section, the person must be discharged at the expiration of fifteen 15 days; but where except that if the person is also committed for a definite time, the fifteen 15 days must be computed from the expiration of the definite time.

Note: Replaces nonspecific reference with specific reference and word form of numbers with digits for greater conformity with current style.

253,104 Section 104 . 103.62 (intro.), (1) (intro.), (a), (b) and (d), (2) and (3) of the statutes are renumbered 103.505 (intro.), (1) (intro.), (a), (b) and (d), (2) and (3), and 103.505 (intro.), (1) (d), (2) and (3) of the statutes, as renumbered, are amended to read:

103.505 (title) Definitions Collective bargaining; definitions. (intro.) When used in ss. 103.51 103.505 to 103.62 103.61, and for the purposes of these those sections:

(1) (d) Between any conflicting or competing interests in a “labor dispute", as defined in sub. (3), of “persons participating or interested" therein, as defined in sub. (2) in the labor dispute.

(2) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against the person or association and if the person or association is engaged in the industry, trade, craft, or occupation in which such the labor dispute occurs, or is a member, officer, or agent of any association of employers or employes engaged in such that industry, trade, craft, or occupation.

(3) The term “labor “ Labor dispute" means any controversy between an employer and the majority of the employer's employes in a collective bargaining unit concerning the right or process or details of collective bargaining or the designation of representatives. Any organization with which either the employer or such the majority of the employer's employes is affiliated may be considered a party to the labor dispute. The provisions of this subsection shall supersede any provision of the statutes in conflict therewith.

Note: Renumbers provision for proper location; replaces nonspecific references with specific references, amends the title and deletes quotation marks and redundant language for greater readability and conformity with current style.