Arizona Laws 23-1323. Injunctive relief; damages
A. Unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott are illegal and a person against whom any of these activities is directed or who is injured by these activities is entitled to injunctive relief from these activities. Any person or persons calling or conducting any of these activities is liable to any person injured by these activities for damages, prejudgment interest, litigation costs and reasonable attorney fees. These damages include lost sales and business, lost profits and loss in value of the business. If a person calling or conducting these activities acted in bad faith or disobeyed a court order, including an injunction issued pursuant to this subsection, the person is liable for punitive damages.
Terms Used In Arizona Laws 23-1323
- Concerted interference with lawful exercise of business activity: means to do either of the following by the use of force, intimidation, violence, threats of unlawful activity, destruction of the employer's real or intangible property, unlawful assembly or defamatory statements:
(a) Prevent or attempt to prevent an employer from:
(i) Lawfully engaging in any proper and lawful business activity. See Arizona Laws 23-1321
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Labor organization: means an organization of any kind, or an agency or employee representation committee or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment. See Arizona Laws 23-1321
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes a natural person, a corporation, association, company, firm or labor organization. See Arizona Laws 23-1321
- Secondary boycott: means :
(a) A combination or conspiracy by two or more persons, by a strike, threat to strike, picketing, threat to picket, violence, threat of violence, or by concerted refusal or threat of concerted refusal, to process, install, service, handle, transport or otherwise deal with specified articles, materials or services, to force or require a person to cease or partially to cease processing, installing, servicing, selling, handling or transporting the products of or selling to or otherwise dealing with any other person for the purpose of forcing or requiring such other person to recognize, bargain with or comply with the demands of a labor organization, or for the reason that such other person has in his employ persons who are not members of a labor organization or is not himself a member of a labor organization, or for the reason that such other person uses goods, materials or services considered objectionable by a labor organization. See Arizona Laws 23-1321
- Trespassory assembly: means knowingly entering or unlawfully remaining on any property in violation of section 13-1502, 13-1503 or 13-1504. See Arizona Laws 23-1321
- Unlawful mass assembly: means a violation of section 23-1327. See Arizona Laws 23-1321
- Unlawful picketing: means a violation of section 23-1322. See Arizona Laws 23-1321
B. Nothing in this article shall be construed to imply the legality of any act or conspiracy illegal under the laws of this state before November 24, 1952. Any labor organization, subdivision or local thereof shall be bound by and liable for the acts of its agents, and may sue or be sued in its common name.