Printable Format60-904. Disputes concerning employment. (a) Notice. No restraining order shall be issued growing out of any labor dispute until after reasonable notice to the party or parties to be restrained and an opportunity to be heard, unless the judge finds that irreparable injury is likely to occur to the person or property of the plaintiff before notice could be served or a hearing held, and such order shall not be granted for a period in excess of seven days.
(b) Bond. No restraining order issued under subsection (a) of this section shall operate unless the party obtaining the same shall give an undertaking as provided in subsection (b) of K.S.A. 60-905, and amendments thereto.
(c) Restraint prohibited in certain cases. No restraining order or injunction shall prohibit any person or persons, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means to do so; or from attending at or near a house or place where any person resides or works, or carries on business, or happens to be for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute; or from recommending, advising, or persuading others by peaceful means to do so; or from paying or giving to or withholding from any person engaged in such dispute any strike benefits or other moneys or things of value; or from peaceably assembling at any place in a lawful manner and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto, or from any activity over which the federal authority is exercising exclusive jurisdiction.
History: L. 1963, ch. 303, 60-904; L. 2010, ch. 135, § 167; July 1.
Source or prior law:
(a). L. 1913, ch. 233, § 1; R.S. 1923, 60-1104.
(b). G.S. 1868, ch. 80, § 240; L. 1909, ch. 182, § 252; L. 1913, ch. 233, § 2; R.S. 1923, 60-1105, 60-1108.
(c). L. 1913, ch. 233, § 4; R.S. 1923, 60-1107.
Law Review and Bar Journal References:
Right to work amendment to Kansas constitution discussed, Dan Hopson, Jr., 8 K.L.R. 18, 39, 40 (1959).
Kansas anti-injunction law presumably inapplicable to the relationship of public employer and employee, Richard R. Rock, 39 J.B.A.K. 119, 205 (1970).
"Labor Law: Expansion of State Court Jurisdiction in Labor-Management Controversies," Louis M. Clothier, 19 W.L.J. 182, 187 (1979).
"The Kansas Public Employer-Employee Relations Law," Raymond Goetz, 28 K.L.R. 243, 245, 277 (1980).
"Rights of Kansas Non-Union Employees Against Unjust Termination—Where Are We Now?" William C. Nulton, 54 J.K.B.A. 237, 254 (1985).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-1104, 60-1105, 60-1107, 60-1108 and the 1961 Supp. thereto.
1. Subsection (a) cited; case concerning labor relations. Johnson Builders, Inc. v. United Bro. of C. and J., Loc. U. No. 1095, 422 F.2d 137, 140 (1970).
2. Cited in holding trial court without jurisdiction to rule on a labor controversy. Inland Industries, Inc. v. Teamsters & Chauffeurs Local Union, 209 K. 349, 350, 496 P.2d 1327.
3. Injunctive relief not granted; jurisdiction under §§ 7 and 8 of the N.L.R.A. (29 U.S.C.A. §§ 157 and 158) appropriate. Reece Shirley & Ron's, Inc. v. Retail Store Employees Union & Local, 782, 222 K. 373, 377, 378, 565 P.2d 585.
4. Jurisdiction of Kansas courts enlarged in labor injunction cases. Reece Shirley & Ron's, Inc. v. Retail Store Employees Union & Local, 782, 225 K. 470, 471, 475, 476, 592 P.2d 433.
5. Public employers failing to come under PERA (75-4321 et seq.) are subject to anti-injunction ban of (c). City of Kansas City v. Carpenters Dist. Council of Kansas City, 237 K. 295, 301, 699 P.2d 493 (1985).