Filingandserviceofpleadingsanddecisions all pleadings

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Unformatted text preview: Lalay
Abala.
ALS2014B.
Labor
II.
 • threatened
or
committed
charged
with
the
duty
to
 protect
complaint’s
property
 Reception
 at
 the
 hearing
 of
 “testimony
 of
 witnesses,
with
opportunity
for
cross‐examination,
 in
 support
 of
 the
 allegations
 of
 a
 complaint
 made
 under
 oath,”
 as
 well
 as
 “testimony
 in
 opposition
 thereto,
if
offered”
 “A
 finding
 of
 fact
 by
 the
 Commission
 to
 the
 effect:
 (1)
 that
 prohibited
 or
 unlawful
 acts
 have
 been
 threatened
 and
 will
 be
 committed
 and
 will
 be
 continued
 unless
 restrained,
 but
 no
 injunction
 or
 TRO
 shall
 be
 issued
 on
 account
 of
 any
 threat,
 prohibited
 or
 unlawful
 act,
 except
 against
 the
 person
 or
 persons,
 association
 or
 organization
 making
the
threat,
or
committing
the
prohibited
or
 unlawful
act
or
actually
authorizing
or
ratifying
the
 same
 after
 actual
 knowledge
 thereof;
 (2)
 that
 substantial
 and
 irreparable
 injury
 to
 complaint’s
 property
 will
 follow;
 (3)
 that
 as
 to
 each
 item
 of
 relief
to
be
granted,
greater
injury
will
be
inflicted
 upon
 complainant
 by
 the
 denial
 of
 relief
 than
 will
 be
 inflicted
 upon
 defendants
 by
 the
 granting
 of
 relief;
 (4)
 that
 complainant
 has
 no
 adequate
 remedy
 at
 law;
 and
 (5)
 that
 the
 public
 officers
 charged
 with
 the
 duty
 to
 protect
 complainant’s
 property
 are
 unable
 or
 unwilling
 to
 furnish
 adequate
protection
 Conditions
for
issuance
ex
parte
of
a
TRO
 o TRO
(valid
only
for
20
days)
may
be
issued
ex
parte
under
 the
following
conditions:
 Complainant
 shall
 also
 allege
 that,
 unless
 a
 TRO
 shall
 be
 issued
 without
 notice,
 a
 substantial
 and
 irreparable
injury
to
complainant’s
property
will
be
 unavoidable
 There
 is
 testimony
 under
 oath,
 sufficient,
 if
 sustained,
 to
 justify
 the
 Commission
 in
 issuing
 a
 temporary
injunction
upon
hearing
after
notice
 Complainant
 shall
 first
 file
 an
 undertaking
 with
 adequate
 security
 in
 an
 amount
 to
 be
 fixed
 by
 the
 Commission
 sufficient
 to
 recompense
 those
 enjoined
for
any
loss,
expense
or
damage
caused
by
 the
 improvident
 or
 erroneous
 issuance
 of
 such
 order
 or
 injunction,
 including
 all
 reasonable
 costs,
 together
 with
 a
 reasonable
 attorney’s
 fee,
 and
 expense
of
defense
against
the
order
or
against
the
 granting
of
any
injunctive
relief
sought
in
the
same
 proceeding
 and
 subsequently
 denied
 by
 the
 Commission
 TRO
 shall
 be
 effective
 for
 no
 longer
 than
 20
 days
 and
shall
become
void
at
the
expiration
of
20
days
 12
 Issuance
 should
 be
 characterized
 by
 care
 and
 caution
 for
 the
 law
 requires
 that
 it
 be
 clearly
 justified
 by
 considerations
of
extreme
necessity
 o Injury
 is
 irreparable
 if
 it
 is
 of
 such
 constant
 and
 frequent
 recurrence
that
no
fair
and
reasonable
redress
can
be
had
 therefore
 in
 a
 court
 of
 law
 or
 where
 there
 is
 no
 standard
 by
 which
 their
 amount
 can
 be
 measured
 with
 reasonable
 accuracy,
 that
 is,
 it
 is
 not
 susceptible
 of
 mathematical
 computation.
 It
can’t
be
adequately
compensated
in
damages
due
 to
the
nature
of
the
injury
itself
or
the
nature
of
the
 right
 or
 property
 injured
 or
 
 when
 there
 exists
 no
 certain
pecuniary
standard
for
the
measurement
of
 damages
 o Property
 includes
 not
 only
 tangible
 property
 but
 also
 the
 right
to
use
such
property
 o Public
officers
means
local
law
enforcing
officers
 o Injunction
 can’t
 issue
 against
 unlawful
 acts,
 unless
 the
 local
authorities
whose
duty
is
to
keep
the
peace
have
first
 been
 resorted
 to
 and
 have
 either
 advised
 that
 they
 could
 not
 or
 would
 not
 keep
 it,
 or
 advising
 that
 they
 could
 and
 would
have
failed
through
inability
or
unwillingness
to
do
 so
 o Protection
 
 is
 that
 which
 would
 enable
 the
 employer
 to
 proceed
with
the
work
 o Employer
 may
 not
 seek
 by
 injunction
 protection
 from
 losses
wh...
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This document was uploaded on 03/11/2014.

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