# Labor and Employment (GLE)

## Title 4. Bargaining Representatives; Labor Disputes

### Subtitle 3. Injunctions

#### Section 4-301

(a) In this subtitle the following words have the meanings indicated.

(b) "Injunctive relief" means:

  (1) a permanent injunction;

  (2) a temporary injunction; or

  (3) a temporary restraining order.

(c) "Labor dispute" includes any controversy, regardless of whether the disputants stand in the proximate relation of employee or employer, concerning:

  (1) terms or conditions of employment;

  (2) employment relations;

  (3) the association or representation of persons in negotiating, setting, maintaining, or changing terms or conditions of employment; or

  (4) any other controversy arising out of the respective interests of employee or employer.

(d) "Person participating or interested in a labor dispute" means a person against whom relief is sought if the person:

  (1) is engaged in the industry, craft, trade, or occupation in which the dispute occurs; or

  (2) is an agent, member, or officer of an association of employees or employers engaged in the industry, craft, trade, or occupation in which the dispute occurs.

#### Section 4-302

(a) The General Assembly finds that:

  (1) governmental authority has allowed and encouraged employers to organize in corporate and other forms of capital control; and

  (2) in dealing with these employers, an individual worker who is not represented by an organization is helpless to exercise liberty of contract or to protect personal freedom of labor and, thus, to obtain acceptable terms and conditions of employment.

(b) The policy of the State is that:

  (1) negotiation of terms and conditions of employment should result from voluntary agreement between employees and employer; and

  (2) therefore, each individual worker must be:

    (i) fully free to associate, organize, and designate a representative, as the worker chooses, for negotiation of terms and conditions of employment; and

    (ii) free from coercion, interference, or restraint by an employer or an agent of an employer in:

      (1) designation of a representative;

      (2) self-organization; and

      (3) other concerted activity for the purpose of collective bargaining or other mutual aid or protection.

#### Section 4-303

This subtitle shall be interpreted and applied in accordance with the policy stated in Sec. 4-302 of this subtitle.

#### Section 4-304

(a) In this section, "promise" means any undertaking, whether express or implied or oral or written.

(b) A promise made between an employee or prospective employee and an employer, prospective employer, or any other individual, association, company, corporation, or firm is against the policy of the State if the promise requires either party:

  (1) to join or remain a member of an employer or labor organization;

  (2) not to join or not to remain a member of an employer or labor organization; or

  (3) to withdraw from an employment relation if the party joins or remains a member of an employer or labor organization.

(c) A court may not grant, on the basis of a promise described in this section, any relief against:

  (1) a party to the promise; or

  (2) another person who, without the act or threat of fraud or violence, advises, induces, or urges a party to disregard the promise.

#### Section 4-307

A court does not have jurisdiction to grant injunctive relief that specifically or generally:

(1) prohibits a person from ceasing or refusing to perform work or to remain in a relation of employment, regardless of a promise to do the work or to remain in the relation;

(2) prohibits a person from becoming or remaining a member of an employer organization or labor organization, regardless of a promise described in Sec. 4-304 of this subtitle;

(3) prohibits a person from paying or giving to, or withholding from, another person any thing of value, including money or strike or unemployment benefits or insurance;

(4) prohibits a person from helping, by lawful means, another person to bring or defend against an action in a court of any state or the United States;

(5) prohibits a person from publicizing or obtaining or communicating information about the existence of or a fact involved in a labor dispute by any method that does not involve the act or threat of a breach of the peace, fraud, or violence, including:

  (i) advertising;

  (ii) speaking; and

  (iii) patrolling, with intimidation or coercion, a public street or other place where a person lawfully may be;

(6) prohibits a person from ceasing:

  (i) to patronize another person; or

  (ii) to employ another person;

(7) prohibits a person from assembling peaceably to do or to organize an act listed in items (1) through (6) of this section;

(8) prohibits a person from advising or giving another person notice of an intent to do an act listed in items (1) through (7) of this section;

(9) prohibits a person from agreeing with another person to do or not to do an act listed in items (1) through (8) of this section;

(10) prohibits a person from advising, inducing, or urging another person, without the act or threat of fraud or violence, to do an act listed in items (1) through (9) of this section, regardless of a promise described in Sec. 4-304 of this subtitle; or

(11) on the ground that the persons are engaged in an unlawful conspiracy, prohibits a person from doing an act listed in items (1) through (10) of this section in concert with another person.

#### Section 4-310

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.

#### Section 4-311

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.

#### Section 4-312

This Part III of this subtitle shall be interpreted and applied in accordance with the policy stated in Sec. 4-311 of this subtitle.

#### Section 4-313

(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.

#### Section 4-314

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 Sec. 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.

#### Section 4-315

(a) If, in addition to meeting the requirements for an injunction under Sec. 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.

#### Section 4-316

(a) Before a court issues a temporary restraining order or temporary injunction in a case that involves or grows out of a labor dispute, the plaintiff shall post bond with the court.

(b)

  (1) Bond under this section shall be in an amount sufficient to compensate each person who is enjoined for any loss, expense, or damages that improvident or erroneous issuance of the temporary restraining order or temporary injunction causes.

  (2) The amount shall include reasonable counsel fees and other reasonable costs that a defendant incurs in defending against other injunctive relief in the same case if the court denies the injunctive relief.

(c) Bond under this section signifies an agreement between the plaintiff and surety to submit to the jurisdiction of the court for the purpose of being liable on the bond.

(d) This section does not prevent a party who has a claim on or under a bond from bringing an action to pursue an ordinary remedy in court.

#### Section 4-317

(a) A court may not grant injunctive relief in a case that involves or grows out of a labor dispute until the court makes and files, in the record of the case, findings of fact.

(b) Injunctive relief in a case that involves or grows out of a labor dispute shall prohibit an act only if:

  (1) the complaint in the labor case expressly complains of the specific act; and

  (2) the findings of fact expressly include the specific act.

(c) Injunctive relief in a case that involves or grows out of a labor dispute is binding only on a person:

  (1) who receives, by personal service or otherwise, actual notice of the injunctive relief; and

  (2) who is:

    (i) a party to the case;

    (ii) an agent or employee of a party or lawyer who represents a party; or

    (iii) a person in active concert and participation with a party.

#### Section 4-318

A party may appeal to the Appellate Court of Maryland from the issuance or denial of a temporary injunction in a case that involves or grows out of a labor dispute.

#### Section 4-321

An organization or officer or member of an organization participating or interested in a labor dispute has immunity from liability in accordance with Sec. 5-414 of the Courts Article.

#### Section 4-322

(a) A person who is charged with constructive criminal contempt for a violation of injunctive relief in a case that involves or grows out of a labor dispute is entitled:

  (1) to pretrial release as provided for defendants in criminal cases;

  (2) to notice of the accusation;

  (3) to a reasonable time to make a defense; and

  (4) except for an officer of the court who is charged with disobedience, misbehavior, or other misconduct in respect to process of the court, on demand, to a speedy and public trial by an impartial jury from the judicial district where the contempt is alleged to have been committed.

(b)

  (1) Whenever the charge of constructive criminal contempt arises from an attack on the character or conduct of a judge, the defendant is entitled to recusal of the judge if the defendant files a demand for recusal before the hearing on the charge.

  (2) Whenever a defendant files a timely demand for recusal:

    (i) the judge may not proceed further; and

    (ii) the presiding judge of the court shall designate another judge as a replacement.

(c)

  (1) A person who is guilty of constructive criminal contempt in a labor case is subject to a fine not exceeding $100 or imprisonment not exceeding 15 days or both.

  (2) A person who is imprisoned for failure to pay a fine imposed under this subsection shall be discharged:

    (i) after 15 days; or

    (ii) if also imprisoned for a definite period, 15 days after the end of the period.

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Md. Code Ann., Lab. & Empl. (as displayed at mgaleg.maryland.gov, October 16, 2026)