103.55(1)
(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:
103.55(1)(a)
(a) The existing state of affairs cannot be maintained but is necessarily altered by the injunction;
103.55(1)(b)
(b) 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;
103.55(1)(c)
(c) Error in issuing the injunctive relief is usually irreparable to the opposing party; and
103.55(1)(d)
(d) 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.
103.55 History
History: 1979 c. 110 s.
60 (9);
1985 a. 135.
103.56
103.56
Injunctions: conditions of issuance; restraining orders. 103.56(1)(1) 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, if offered, and except after findings of all the following facts by the court or judge or judges thereof:
103.56(1)(a)
(a) That unlawful acts have been threatened or committed and will be executed or continued unless restrained;
103.56(1)(b)
(b) That substantial and irreparable injury to complainant's property will follow unless the relief requested is granted;
103.56(1)(c)
(c) That as to each item of relief granted greater injury will be inflicted upon complainant by the denial thereof than will be inflicted upon defendants by the granting thereof;
103.56(1)(e)
(e) That complainant has no adequate remedy at law; and
103.56(1)(f)
(f) That the public officers charged with the duty to protect complainant's property have failed or are unable to furnish adequate protection.
103.56(2)
(2) Such hearing shall be held after due and personal notice thereof has been given, in such manner as the court shall direct, to all known persons against whom relief is sought, and also to those public officers charged with the duty to protect 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 a 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.
103.56(3)
(3) Such order to show cause shall be served upon such party or parties as are sought to be restrained and as shall be specified in said order, and then 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.
103.56(4)
(4) Such a temporary restraining order shall be effective for no longer than five days, and at the expiration of said five days shall become void and not subject to renewal or extension, provided, however, that if the hearing for a temporary injunction shall have been begun before the expiration of the said five days the restraining order may in the court's discretion be continued until a decision is reached upon the issuance of the temporary injunction.
103.56(5)
(5) No temporary restraining order or temporary injunction shall be issued except on condition that complainant shall first file an undertaking with adequate security sufficient to recompense those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs (together with a reasonable attorney's fee) and expense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.
103.56(6)
(6) The undertaking herein mentioned shall be understood to signify an agreement entered into by the complainant and the surety upon which a decree may be rendered in the same suit or proceeding against said complainant and surety, the said complainant and surety submitting themselves to the jurisdiction of the court for that purpose. But nothing herein contained shall deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue an ordinary remedy by suit at law or in equity.
103.56 History
History: 1993 a. 492.
103.56 Annotation
Sub. (1) and 103.62, relating to limitations upon the jurisdiction of a court to issue injunctions in cases arising from labor disputes, are inapplicable to actions brought by the state or its political subdivisions against public employes. Joint School v. Wisconsin Rapids Ed. Asso. 70 W (2d) 292, 234 NW (2d) 289.
103.57
103.57
Clean hands doctrine. No restraining order or injunctive relief shall 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 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 court to await the action of any such tribunal if irreparable injury is threatened.
103.58
103.58
Injunctions: contents. Except as provided in
s. 103.56, 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 findings of fact made and filed by the court in the record of the case prior to the issuance of such restraining order or injunction; and every 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 may be expressly complained of in the bill of complaint or petition filed in such case and expressly included in said findings of fact made and filed by the court as provided herein; and 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.
103.59
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 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.
103.59 History
History: 1983 a. 219.
103.60
103.60
Contempt cases. 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:
103.60(1)
(1) The rights as to admission to bail that are accorded to persons accused of crime.
103.60(2)
(2) The right to be notified of the accusation and a reasonable time to make a defense, provided the alleged contempt is not committed in the immediate view or presence of the court.
103.60(3)
(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 that this requirement shall not be construed to apply to contempts committed in the presence of the court or so near thereto 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.
103.60(4)
(4) A substitution of judge request in this section shall be made under
s. 801.58.
103.60 History
History: 1977 c. 135;
1979 c. 257.
103.60 Annotation
A jury trial is required in cases of criminal contempt where the penalty imposed is serious, but a striker charged with civil contempt for violation of an order enjoining a teachers' strike is not entitled to a jury trial. Joint School v. Wisconsin Rapids Ed. Asso. 70 W (2d) 292, 234 NW (2d) 289.
103.61
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 days, in the jail of the county where the court is sitting, or both, in the discretion of the court. Where a person is committed to jail, for the nonpayment of such a fine, the person must be discharged at the expiration of fifteen days; but where the person is also committed for a definite time, the fifteen days must be computed from the expiration of the definite time.
103.61 History
History: 1993 a. 492.
103.62
103.62
Definitions. When used in
ss. 103.51 to
103.62, and for the purposes of these sections:
103.62(1)
(1) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in a single industry, trade, craft, or occupation; or who are employes of one employer; or who are members of the same or an affiliated organization of employers or employes; whether such dispute is any of the following:
103.62(1)(a)
(a) Between one or more employers or associations of employers and one or more employes or associations of employes.
103.62(1)(b)
(b) Between one or more employers or associations of employers and one or more employers or associations of employers.
103.62(1)(c)
(c) Between one or more employes or associations of employes and one or more employes or associations of employes.
103.62(1)(d)
(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).
103.62(2)
(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 dispute occurs, or is a member, officer, or agent of any association of employers or employes engaged in such industry, trade, craft, or occupation.
103.62(3)
(3) The term "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 majority 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.
103.62 History
History: 1993 a. 492;
1995 a. 225.
103.64(2)
(2) "Nonprofit organization" means an organization described in section
501 (c) of the internal revenue code.
103.64(3)
(3) "Permit officer" shall mean any person designated by the department to issue child labor permits.
103.65
103.65
General standards for employment of minors. 103.65(1)(1) A minor shall not be employed or permitted to work at any employment or in any place of employment dangerous or prejudicial to the life, health, safety, or welfare of the minor or where the employment of the minor may be dangerous or prejudicial to the life, health, safety or welfare of other employes or frequenters.
103.65(2)
(2) No minor shall be employed or permitted to work at any employment for such hours of the day or week, or such days of the week, or at such periods of the day as shall be dangerous or prejudicial to the life, health, safety or welfare of such minor.
103.65 History
History: 1971 c. 271.
103.65 Annotation
Plaintiff was in class protected by rule promulgated under this section; court did not err in giving "negligence per se" instruction. McGarrity v. Welch Plumbing Co. 104 W (2d) 414, 312 NW (2d) 37 (1981).
103.65 Annotation
Trial court erred in failing to hold as matter of law that employer's violation of child labor laws caused injury and that defense of child's contributory negligence was inapplicable to case. D. L. v. Huebner, 110 W (2d) 581, 329 NW (2d) 890 (1983).
103.66
103.66
Powers and duties of the department relating to employment of minors. 103.66(1)
(1) The department may investigate, determine and fix reasonable classifications of employments, places of employment and minimum ages for hazardous employment for minors, and may issue general or special orders prohibiting the employment of minors in employments or places of employment prejudicial to the life, health, safety or welfare of minors, and may carry out the purposes of
ss. 103.64 to
103.82. In fixing minimum ages for hazardous employment for minors under this subsection, the department shall permit the employment of a minor 14 years of age or over as a laboratory assistant for a nonprofit, community-based organization that provides educational opportunities in medically related fields if the minor is under the direct supervision of a mentor and the laboratory at which the minor is employed complies with
10 CFR 20.1207 and
29 CFR 1910.1030.
103.66(2)
(2) The department may investigate and fix reasonable classifications of employments and hours of employment for minors and may issue general or special orders fixing maximum hours of employment for minors per day and per week, maximum days of employment per week, hours at which employment shall begin and end and the duration of lunch and other rest periods as are necessary to protect the life, health, safety, and welfare of minors.
103.66(3)
(3) The investigations, classifications and orders provided for in
subs. (1) and
(2) shall be made as provided under
s. 103.005. These orders are subject to review as provided in
ch. 227.
103.67
103.67
Minimum ages in various employments. 103.67(1)
(1) A minor 14 to 18 years of age shall not be employed or permitted to work in any gainful occupation during the hours that the minor is required to attend school under
s. 118.15 unless the minor has completed high school, except that any minor may be employed in public exhibitions as provided in
s. 103.78.
103.67(2)
(2) A minor under 14 years of age shall not be employed or permitted to work in any gainful occupation at any time, except that:
103.67(2)(a)
(a) Minors 12 years of age or older may be employed in school lunch programs of the school which they attend.
103.67(2)(b)
(b) Minors under 14 years of age may be employed in public exhibitions as provided in
s. 103.78.
103.67(2)(c)
(c) Minors 12 years of age or older may be employed in street trades, and any minor may work in fund-raising sales for nonprofit organizations, public schools or private schools, as provided in
ss. 103.21 to
103.31.
103.67(2)(d)
(d) Minors 12 and 13 years of age may be employed as caddies on golf courses, if they use caddy carts.
103.67(2)(e)
(e) Minors 12 years of age or older may be employed in agricultural pursuits.
103.67(2)(f)
(f) Minors 12 years of age or older may be employed in and around a home in work usual to the home of the employer, if the work is not in connection with or a part of the business, trade or profession of the employer and the type of employment is not specifically prohibited by
ss. 103.64 to
103.82 or by any order of the department.
103.67(2)(g)
(g) Unless prohibited under
s. 103.65, minors 12 years of age or older may be employed under the direct supervision of the minor's parent or guardian in connection with the parent's or guardian's business, trade or profession.
103.67(2)(h)
(h) Minors 12 and 13 years of age may be employed as sideline officials for high school football games.
103.67(2)(i)
(i) Minors 11 to 13 years of age may be employed as ball monitors at high school football games and practices.
103.67(3)
(3) Sections 103.64 to
103.82 do not apply to the employment of a minor engaged in domestic or farm work performed outside school hours in connection with the minor's own home and directly for the minor's parent or guardian.
103.67 Annotation
Injured minor cannot be charged with contributory negligence when employment is in violation of child labor law. See note to 895.37, citing Tisdale v. Hasslinger, 79 W (2d) 194, 255 NW (2d) 314.
103.68
103.68
Hours of labor. Except as the department may from time to time issue orders as provided under
s. 103.66 (2) regulating the hours of employment of minors, the following schedule of hours shall be deemed to be necessary to protect minors from employment dangerous or prejudicial to their life, health, safety, or welfare and shall apply to minors of the ages specified therein:
103.68(1)
(1) No minor shall be employed or permitted to work at any gainful occupation other than domestic service or farm labor for more than 8 hours in any one day nor more than 40 hours nor more than 6 days in any one week, nor during such hours as the minor is required under
s. 118.15 (2) to attend school.
103.68(2)
(2) No minor under 16 shall be employed or permitted to work in any gainful occupation other than domestic service or farm labor more than 24 hours in any one week, nor, except in domestic service, farm labor, or in public exhibitions as defined in
s. 103.78, or in street trades as defined in
s. 103.21, before 7 a.m. nor after 6 p.m.
103.68(3)
(3) At least 30 minutes shall be allowed for each meal period which shall commence reasonably close to 6 a.m., 12 noon, 6 p.m. or 12 midnight or approximately midway of any work period or at such other times as deemed reasonable by the department. No minor under age 18 shall be employed or permitted to work more than 6 consecutive hours without a meal period.
103.68 History
History: 1993 a. 492;
1995 a. 225.
103.69
103.69
Council on child labor. The council on child labor shall review biennially the hours of employment for minors and the minimum ages for hazardous employment determined by the department under
s. 103.66 and make recommendations to the department it deems necessary to protect the life, health, safety and welfare of minors. The department may, by orders issued under
s. 103.66, give effect to the recommendations of the council.
103.69 History
History: 1971 c. 271.
103.69 Annotation
See note to 103.65, citing McGarrity v. Welch Plumbing Co. 104 W (2d) 414, 312 NW (2d) 37 (1981).
103.695
103.695
Designation of a permit officer. 103.695(1)(a)(a) The department shall designate a school board, as defined in
s. 115.001 (7), as a permit officer unless the school board refuses the designation.
103.695(1)(b)
(b) A school board designated as a permit officer under
par. (a) may assign the duties of permit officer to an officer or employe of the school district.
103.695(2)
(2) The department may designate persons other than school boards as permit officers, regardless of whether any school board refuses designation as a permit officer under
sub. (1) (a).
