N.Y. Judiciary Law § 753-a: Contempts in cases involving or growing out of labor disputes

§ 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.