60-904.
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.
Notes of Decisions
Reece Shirley & Ron's v. Retail Store Emp. U. & Loc 782, 565 P.2d 585 (Kan. 1977).
“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…”
City of Kansas v. Carpenters Dist. Council, 699 P.2d 493 (Kan. 1985).
· cites it 14× “, specifically states: “[T]he provisions of K.S.A. 60-904 shall not control injunction actions arising out of public e'mployer-employee relations under this act.”
Omni Outdoor Advert. of Missouri, Inc. v. City of Topeka, 734 P.2d 1133 (Kan. 1987).
“A restraining order may issue without notice or bond, except as provided in K.S.A. 60-904(b), but if it appears to the judge that a restraining order may result in damage to the party restrained, a bond to secure payment of any damages sustained may be required.”
Junction City Educ. Ass'n v. Bd. of Educ., 955 P.2d 1266 (Kan. 1998).
“The procedures for obtaining injunctions and related remedies shall be in accordance with the code of civil procedure, except that the provisions of K.S.A. 60-904 shall not govern actions arising under this section.”
— K.S.A. § 60-904(b) — 1 case
Omni Outdoor Advert. of Missouri, Inc. v. City of Topeka, 734 P.2d 1133 (Kan. 1987).
“A restraining order may issue without notice or bond, except as provided in K.S.A. 60-904(b), but if it appears to the judge that a restraining order may result in damage to the party restrained, a bond to secure payment of any damages sustained may be required.”
— K.S.A. § 60-904(c) — 2 cases
City of Kansas v. Carpenters Dist. Council, 699 P.2d 493 (Kan. 1985).
“, specifically states: “[T]he provisions of K.S.A. 60-904 shall not control injunction actions arising out of public e'mployer-employee relations under this act.”
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