AB970, s. 80
17Section
80. 103.46 (2) of the statutes is amended to read:
AB970,48,318
103.46
(2) In a A contract or agreement for the sale of agricultural,
19horticultural or dairy products between a producer of
such those products and a
20distributor or purchaser
thereof, whereby of those products, in which either party to
21such the contract or agreement undertakes or promises not to join, become or remain
22a member of any cooperative association organized under ch. 185 or of any trade
1association of the producers, distributors or purchasers of
such those products
, is
2hereby declared to be contrary to public policy and wholly void and shall not afford
3any basis for the granting of legal or equitable relief by any court.
Note: Reorganizes provision and replaces language and nonspecific references
with specific references for greater readability and conformity with current style.
AB970, s. 81
4Section
81. 103.465 of the statutes is amended to read:
AB970,48,13
5103.465 Restrictive covenants in employment contracts. A covenant by
6an assistant, servant or agent not to compete with his or her employer or principal
7during the term of the employment or agency, or
thereafter after the termination of
8that employment or agency, within a specified territory and during a specified time
9is lawful and enforceable only if the restrictions imposed are reasonably necessary
10for the protection of the employer or principal. Any
such restrictive covenant
,
11described in this subsection, imposing an unreasonable restraint is illegal, void and
12unenforceable even as to
so much any part of the covenant or performance
as that 13would be a reasonable restraint.
Note: Replaces nonspecific references with specific references for greater
readability and conformity with current style.
AB970, s. 82
14Section
82. 103.51 (intro.) of the statutes is amended to read:
AB970,48,17
15103.51 Public policy as to collective bargaining. (intro.) In the
16interpretation and application of ss.
103.51 to 103.62
103.505 to 103.61, the public
17policy of this state is declared as follows:
Note: Reflects renumbering of s. 103.62 for greater readability and conformity
with current style.
AB970, s. 83
18Section
83. 103.52 (1) (intro.) of the statutes is amended to read:
AB970,49,319
103.52
(1) (intro.) Every undertaking or promise made after July 1, 1931,
20whether written or oral, express or implied, between any employe or prospective
21employe and that person's employer, prospective employer or any other individual,
1firm, company, association or corporation is declared to be against public policy if
2either party
thereto to the undertaking or promise undertakes or promises any of the
3following:
Note: Replaces nonspecific reference with specific references for greater
readability and conformity with current style.
AB970, s. 84
4Section
84. 103.52 (2) of the statutes is amended to read:
AB970,49,105
103.52
(2) No undertaking or promise described in sub. (1) shall afford any
6basis for the granting of legal or equitable relief by any court against a party to
such 7the undertaking or promise, or against any other
persons person, who may advise,
8urge or induce, without fraud, violence
, or threat
thereof, of fraud or violence either
9party
thereto to to the undertaking or promise to act in disregard of
such the 10undertaking or promise.
Note: Replaces language and nonspecific references with specific references for
greater readability and conformity with current style.
AB970, s. 85
11Section
85. 103.53 (1) of the statutes is amended to read:
AB970,49,1312
103.53
(1) The following acts, whether performed singly or in concert, shall be
13considered legal:
AB970,49,1614
(a) Ceasing or refusing to perform any work or to remain in any relation of
15employment regardless of any promise, undertaking, contract or agreement in
16violation of the public policy declared in s. 103.52
;
.
AB970,49,1917
(b) Becoming or remaining a member of any labor organization or of any
18employer organization, regardless of any
such undertaking or promise as is
19described in s. 103.52
;.
AB970,49,2120
(c) Paying or giving to
, any person any strike or unemployment benefits or
21insurance or other moneys or things of value
;.
AB970,50,3
1(d)
By all Aiding, by lawful means
aiding, any person who is being proceeded
2against in, or is prosecuting
, any action or suit in any court of the United States or
3of any state
;.
AB970,50,94
(e) Giving publicity to and obtaining or communicating information regarding
5the existence of, or the facts involved in, any dispute, whether by advertising,
6speaking, patrolling any public street or any place where any person
or persons may
7lawfully be, without intimidation or coercion, or by any other method not involving
8fraud, violence, breach of the peace, or threat
thereof; of fraud, violence or breach of
9the peace.
AB970,50,1110
(f) Ceasing to patronize or to employ any person
or persons, but, except that 11nothing
herein in this paragraph shall be construed to legalize a secondary boycott
;.
AB970,50,1312
(g) Assembling peaceably to do or to organize to do any of the acts
heretofore 13specified
in pars. (a) to (f) or to promote lawful interests
;.
AB970,50,1514
(h) Advising or notifying any person or persons of an intention to do any of the
15acts
heretofore specified
; in pars. (a) to (g).
AB970,50,1716
(i) Agreeing with other persons to do or not to do any of the acts
heretofore 17specified; specified in pars. (a) to (h).
AB970,50,2018
(j) Advising, urging, or inducing without fraud, violence, or threat
thereof of
19fraud or violence, others to do the acts
heretofore specified
in pars. (a) to (i),
20regardless of any
such undertaking or promise as
is described in s. 103.52
; and.
AB970,50,2221
(k) Doing in concert any
or all of the acts
heretofore specified
shall not
22constitute an unlawful combination or conspiracy; in pars. (a) to (j).
AB970,50,2423
(L) Peaceful picketing or patrolling
, whether engaged in singly or in numbers,
24shall be legal.
Note: Replaces semicolons, deletes redundant language and replaces nonspecific
references with specific references for greater readability and conformity with current
style.
AB970, s. 86
1Section
86. 103.53 (2) of the statutes is amended to read:
AB970,51,52
103.53
(2) No court
, nor any judge or judges thereof, shall have jurisdiction to
3issue any restraining order or temporary or permanent injunction which, in specific
4or general terms, prohibits any person
or persons from doing, whether singly or in
5concert, 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.
AB970, s. 87
6Section
87. 103.535 of the statutes is amended to read:
AB970,51,13
7103.535 Unlawful conduct in labor controversies. It shall be unlawful for
8anyone to No person may picket, or induce others to picket, the establishment,
9employes, supply or delivery vehicles, or customers of anyone engaged in business,
10or
to interfere with the person's business, or interfere with any person
or persons 11desiring to transact or transacting business with the person, when no labor dispute
,
12as defined in s. 103.62 (3), exists between the employer and the employer's employes
13or their representatives.
Note: Replaces language and deletes redundant language for greater readability
and conformity with current style.
AB970, s. 88
14Section
88. 103.54 of the statutes is renumbered 103.54 (intro.) and amended
15to read:
AB970,52,2
16103.54 Responsibility for unlawful acts. (intro.) No officer or member of
17any association or organization, and no association or organization participating or
18interested in a labor dispute
(as these terms are defined in s. 103.62) shall, may be
19held responsible or liable in any civil action at law or suit in equity, or in any criminal
20prosecution, for the unlawful acts of individual officers, members
, or agents, except
21upon proof by a preponderance of the evidence and without the aid of any
1presumptions of law or fact
, both of (a) the doing of such acts by persons who are of
2all of the following:
AB970,52,5
3(1) That individual officers, members or agents of
any such the association or
4organization
, and (b) actual participation in, or actual authorization of, such acts, or
5ratification of such committed those acts.
AB970,52,9
6(2) That the officer or member, or association or organization, sought to be held
7liable or responsible actually participated in or authorized those acts or ratified those 8acts
after with actual knowledge
thereof by such association or organization of those
9acts.
Note: Reorganizes provision, replaces language and nonspecific references with
specific references and deletes redundant language for greater readability and
conformity with current style.
AB970, s. 89
10Section
89. 103.55 (1) of the statutes is amended to read:
AB970,52,1611
103.55
(1) Equity procedure that permits a complaining party to obtain
12sweeping injunctive relief that is not preceded by or conditioned upon notice to and
13hearing of the responding party or parties, or that issues after hearing based upon
14written affidavits alone and not wholly or in part upon examination, confrontation
15and cross-examination of witnesses in open court, is peculiarly subject to abuse in
16labor litigation for
the reasons that all of the following reasons:
AB970,52,1817
(a)
The That the existing state of affairs cannot be maintained but is
18necessarily altered by the injunction
;.
AB970,52,2219
(b)
Determination That determination of issues of veracity and of probability
20of fact from affidavits of the opposing parties that are contradictory and, under the
21circumstances, untrustworthy rather than from oral examination in open court is
22subject to grave error
;.
AB970,53,2
1(c)
Error That error in issuing the injunctive relief is usually irreparable to the
2opposing party
; and.
AB970,53,53
(d)
Delay That delay incident to the normal course of appellate practice
4frequently makes ultimate correction of error in law or in fact unavailing in the
5particular case.
Note: Replaces language and semicolons with periods for greater readability and
conformity with current style.
AB970, s. 90
6Section
90. 103.56 (1) (intro.) and (a) to (e) of the statutes are amended to read:
AB970,53,137
103.56
(1) (intro.) No court
nor any judge or judges thereof shall have
8jurisdiction to issue a temporary or permanent injunction in any case involving or
9growing out of a labor dispute
, as defined in s. 103.62, except after hearing the
10testimony of witnesses in open court
(,with opportunity for cross-examination
), in
11support of the allegations of a complaint made under oath, and testimony in
12opposition
thereto to the allegations of the complaint, if offered, and except after
13findings of all
of the following facts by the court
or judge or judges thereof:
AB970,53,1514
(a) That unlawful acts have been threatened or committed and will be executed
15or continued unless restrained
;.
AB970,53,1716
(b) That substantial and irreparable injury to complainant's property will
17follow unless the relief requested is granted
;.
AB970,53,2018
(c) That as to each item of relief granted greater injury will be inflicted upon
19the complainant by the denial
thereof
of that relief than will be inflicted upon
the 20defendants by the granting
thereof; of that relief.
AB970,53,2121
(d) That the relief to be granted does not violate s. 103.53
;.
AB970,53,2222
(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.
AB970, s. 91
1Section
91. 103.56 (2) of the statutes is amended to read:
AB970,54,112
103.56
(2) Such A hearing
under sub. (1) shall be held after due and personal
3notice
thereof of the hearing has been given, in
such the manner
as that the court
4shall direct, to all known persons against whom relief is sought, and also to those
5public officers
who are charged with the duty to protect
the complainant's property.
6Provided, however, that if a complainant shall also allege that unless a temporary
7restraining order shall be issued before such hearing may be had, a substantial and
8irreparable injury to complainant's property will be unavoidable, such temporary
9restraining order may be granted upon the expiration of such reasonable notice of
10application therefor as the court may direct by order to show cause, but in no case
11less 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.
AB970, s. 92
12Section
92. 103.56 (3) of the statutes is amended to read:
AB970,54,2313
103.56
(3) Such If a complainant alleges that a substantial and irreparable
14injury to the complainant's property will be unavoidable unless a temporary
15restraining order is issued before a hearing under sub. (1) may be had, a temporary
16restraining order may be granted on reasonable notice of application for the
17temporary restraining order as the court may direct by order to show cause, but in
18no case less than 48 hour's notice. The order to show cause shall be served upon
such 19the party or parties
as that are sought to be restrained and
as shall be
that are 20specified in
said the order
, and then. The order shall be issued only upon testimony
21under oath
, or
, in the discretion of the court, upon affidavits, sufficient, if sustained,
22to justify the court in issuing a temporary injunction upon a hearing as
herein 23provided 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.
AB970, s. 93
1Section
93. 103.56 (4) of the statutes is amended to read:
AB970,55,82
103.56
(4) Such a A temporary restraining order
issued under sub. (3) shall be
3effective for no longer than
five 5 days
, and
, at the expiration of
said five days the
45-day period, shall become void and not subject to renewal or extension,
provided,
5however, except that if the hearing for a temporary injunction s
hall have been begun 6begins before the expiration of the
said five days the 5-day period the restraining
7order may in the court's discretion be continued until a decision is reached
upon on 8the issuance of the temporary injunction.
Note: Replaces word form of numbers with digits and other language for greater
readability and conformity with current style.
AB970, s. 94
9Section
94. 103.56 (5) of the statutes is amended to read:
AB970,55,1810
103.56
(5) No temporary restraining order or temporary injunction
shall may 11be issued
under this section except on condition that
the complainant
shall first
file 12files an undertaking with adequate security sufficient to
recompense compensate 13those enjoined for any loss, expense, or damage caused by the improvident or
14erroneous issuance of
such the order or injunction, including all reasonable costs
15(together with a, reasonable
attorney's fee) attorney fees and
expense against 16expenses that will be incurred in opposing the order or
against the granting of any
17injunctive relief sought in the same proceeding and subsequently denied by the
18court.
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.
AB970, s. 95
19Section
95. 103.56 (6) of the statutes is amended to read:
AB970,56,8
1103.56
(6) The undertaking
herein mentioned required under sub. (5) shall
be
2understood to signify represent an agreement
entered into by between the
3complainant and the surety upon which a decree may be rendered in the same suit
4or proceeding against
said the complainant and surety, the
said complainant and
5surety submitting themselves to the jurisdiction of the court for that purpose.
But 6However, nothing
herein contained
shall deprive in this section deprives any party
7having a claim or cause of action under or upon
such
an undertaking
filed under sub.
8(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.
AB970, s. 96
9Section
96. 103.57 of the statutes is amended to read:
AB970,56,17
10103.57 Clean hands doctrine. No restraining order or injunctive relief
shall 11may be granted to any complainant who has failed to comply with any legal
12obligation which is involved in the labor dispute in question, or who has failed to
13make every reasonable effort to settle
such the dispute either by negotiation or with
14the aid of any available machinery of governmental mediation or voluntary
15arbitration, but nothing
herein contained shall be deemed to require the in this
16section requires a court to await the action of any such tribunal if irreparable injury
17is threatened.
Note: Replaces language and nonspecific references with specific references and
deletes redundant language for greater readability and conformity with current style.
AB970, s. 97
18Section
97. 103.58 of the statutes is renumbered 103.58 (intro.) and amended
19to read:
AB970,56,22
20103.58 Injunctions: contents. Except as provided in s. 103.56
no,
any 21restraining order or temporary or permanent injunction
shall be granted in a case
22involving or growing out of a labor dispute
, except
is subject to all of the following:
AB970,57,3
1(1) The order or injunction may be granted only on the basis of findings of fact
2made and filed by the court in the record of the case prior to the issuance of
such
3restraining the order or injunction
; and every restraining.
AB970,57,8
4(2) The order or injunction
granted in a case involving or growing out of a labor
5dispute shall include only a prohibition of
such
those specific
act or acts
as may be 6that are expressly complained of in the bill of complaint or petition filed in
such the 7case and expressly included in
said findings of fact made and filed by the court as
8provided
herein; and under sub. (1).
AB970,57,12
9(3) The order or injunction shall be binding only upon the parties to the suit,
10their agents, servants, employes and attorneys, or those in active concert and
11participation with them,
and who
shall by personal service or otherwise have
12received 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.
AB970, s. 98
13Section
98. 103.59 of the statutes is amended to read:
AB970,57,19
14103.59 Injunctions: appeals. If any court issues or denies any temporary
15injunction in a case involving or growing out of a labor dispute, the court shall, upon
16the request of any party to the proceedings, and on filing the usual bond for costs,
17forthwith immediately certify the entire record of the case, including a transcript of
18the evidence taken, to the appropriate appellate court for its review. Upon the filing
19of the record in the appropriate appellate court
, the appeal shall be given preference.
Note: Replaces language for greater readability and conformity with current style.
AB970, s. 99
20Section
99. 103.60 (intro.) of the statutes is amended to read:
AB970,57,23
21103.60 Contempt cases. (intro.) If a person is charged with contempt under
22this chapter for violation of a restraining order or injunction issued by a court
or
23judge or judges thereof, the accused shall enjoy
all of the following:
Note: Deletes redundant language for greater readability and conformity with
current style.
AB970, s. 100
1Section
100. 103.60 (1) of the statutes is amended to read:
AB970,58,32
103.60
(1) The rights
as to admission to bail that are accorded to persons
3accused of
a crime.
Note: Deletes redundant language for greater readability and conformity with
current style.