N.Y. JUD. LAW § 753-a : NY Code - Section 753-A: Contempts in cases involving or growing out of labor disputes

Search N.Y. JUD. LAW § 753-a : NY Code - Section 753-A: Contempts in cases involving or growing out of labor disputes

1. Notwithstanding any inconsistent provision of  law,  where
  the  alleged  contempt  is  punishable under section seven hundred fifty
  and/or section seven hundred fifty-three and arises out of  any  failure
  or  refusal to obey any mandate of a court contained in or incidental to
  an injunction order granted by such  court  in  any  case  involving  or
  growing  out  of a labor dispute, no punishment, prescribed by either of
  such sections, shall be meted out except after a trial by jury to  which
  the defendant shall be entitled as a matter of right; provided, however,
  that  this  section  shall  not apply to any alleged contempt of such an
  injunction order committed in the presence of the court.
    2. As used in this section and in subdivision three of section  215.50
  of the penal law:
    (a)  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 who are employees of one employer; or who
  are  members  of  the same or an affiliated organization of employers or
  employees; whether such dispute is between  one  or  more  employers  or
  associations  of  employers and one or more employees or associations of
  employees; between one or more employers or  associations  of  employers
  and  one  or more employers or associations of employers; or 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" (as hereinafter defined) of
  "persons participating or interested" therein (as hereinafter defined).
    (b) 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,  or  concerning
  employment  relations,  or  any  other  controversy  arising  out of the
  respective interests of employer and employee, regardless of whether  or
  not the disputants stand in the relation of employer and employee.
    (c) A person or association shall be held to be a person participating
  or  interested  in a labor dispute if relief is sought against him or it
  and if he or it 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 employees engaged in such  industry,  trade,
  craft or occupation.