New Jersey Statutes 2A:15-52. Public policy in matter of injunctions in labor disputes
Terms Used In New Jersey Statutes 2A:15-52
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
Procedure that permits a complaining party, to obtain in any case involving or growing out of a labor dispute, as hereinafter defined, 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 subject to abuse and contrary to the public policy of the state of New Jersey for the reason that:
a. The status quo cannot be maintained, but is necessarily altered by the injunction.
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.
c. Error in issuing the injunctive relief is usually irreparable to the opposing party, and
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.
L.1951 (1st SS), c.344.