§4-310. Labor dispute case.
A case shall be held to involve or grow out of a labor dispute when the case involves:
(1) persons who are engaged in a single industry, trade, craft, or occupation, employees of the same employer, or members of the same or an affiliated organization of employees or employers, regardless of whether the dispute is between:
(i) 1 or more employees or associations of employees and 1 or more employers or associations of employers;
(ii) 1 or more employees or associations of employees and 1 or more employees or associations of employees; or
(iii) 1 or more employers or associations of employers and 1 or more employers or associations of employers; or
(2) a conflicting or competing interest in a labor dispute of a person participating or interested in the labor dispute.
§4-311. Legislative findings and policy.
The General Assembly finds that a procedure that allows a plaintiff to obtain sweeping injunctive relief without giving to each defendant notice of and a hearing based wholly or partly on examination and cross-examination of witnesses in open court, rather than on affidavits alone, is peculiarly subject to abuse in later litigation because:
(1) injunctive relief necessarily alters, rather than maintains, the status quo;
(2) 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;
(3) erroneous issuance of injunctive relief usually is irreparable to the defendant; and
(4) delay incident to appeals frequently makes ultimate correction of error unavailing in a particular case.
§4-312. Construction of part.
This Part III of this subtitle shall be interpreted and applied in accordance with the policy stated in §4-311 of this subtitle.
§4-313. Failure of plaintiff to fulfill obligations.
(a) A court may not grant injunctive relief in a labor dispute:
(1) if the plaintiff has failed to comply with each obligation imposed by law that is involved in the labor dispute; or
(2) except as provided in subsection (b) of this section, if the plaintiff has failed to make every reasonable effort to settle the labor dispute:
(i) by negotiation; or
(ii) with the help of available dispute resolution mechanisms, governmental mediation, or voluntary arbitration.
(b) If irreparable injury is threatened, a court may grant injunctive relief before another tribunal acts to settle the labor dispute.
§4-314. Temporary and permanent injunctions.
In addition to any other limitation under this Part III of this subtitle, a court may not issue a temporary or permanent injunction in a case that involves or grows out of a labor dispute unless:
(1) each known person against whom relief is sought and each public officer who has a duty to protect the property of the plaintiff is given, in the manner that the court directs, personal notice that the court will hold a hearing on issuance of a temporary or permanent injunction;
(2) at the hearing, the court takes, in open court, testimony offered against the temporary or permanent injunction and affords the opportunity for cross-examination; and
(3) as a result of the hearing, the court finds that:
(i) an unlawful act:
1. has been threatened and, unless restrained, will be committed; or
2. has been committed and, unless restrained, will be continued;
(ii) unless it grants the relief requested, the property of the plaintiff will be injured substantially and irreparably;
(iii) greater injury will be inflicted on the plaintiff for each item of relief that the court denies than will be inflicted on the defendant if the court grants the item;
(iv) it is not granting any item of relief for which a court lacks jurisdiction under §4-307 of this subtitle;
(v) the plaintiff has no adequate remedy at law; and
(vi) each public officer who has a duty to protect the property of the plaintiff has failed or is unable to give adequate protection.
§4-315. Temporary restraining orders.
(a) If, in addition to meeting the requirements for an injunction under § 4-314 of this subtitle, a plaintiff alleges that, unless a temporary restraining order is issued before a court holds a hearing on issuance of other injunctive relief in a case that involves or grows out of a labor dispute, substantial and irreparable injury to the property of the plaintiff is unavoidable, the court may issue a temporary restraining order in accordance with this section.
(b) (1) The court shall pass a show cause order that gives each party whom the plaintiff seeks to have restrained a reasonable period of at least 48 hours in which to show cause why the court should not issue a temporary restraining order.
(2) A show cause order shall be served on each party whom the plaintiff seeks to have restrained as provided in the show cause order.
(3) On expiration of the period to show cause, the court may issue a temporary restraining order if on the basis of testimony or, in the discretion of the court, an affidavit, the court finds that issuance of a temporary injunction would be justified if a hearing were held.
(c) (1) A temporary restraining order issued under this section is effective for the period that the court sets but not more than 5 days.
(2) If a hearing for a temporary injunction begins before the expiration of the period set under this subsection, the court may continue the temporary restraining order until the court decides whether to issue the temporary injunction.
(3) Unless the court continues a temporary restraining order in accordance with paragraph (2) of this subsection, then on expiration of the period set under this subsection, the order is void and may not be renewed or extended.