Guam § 5307 - Hearing.

§ 5307. Hearing.

No court of the territory shall have jurisdiction to issue a temporary or

permanent injunction in any case involving or growing out of a labor

dispute, as defined in this Chapter, except after hearing the testimony of

witnesses in open court (with opportunity for cross-examination) in support

of the allegations of a complaint made under oath, and testimony in

opposition thereto if offered, and except after findings of act by the courts, to

the effect:

(a) That unlawful acts have been threatened and will be committed

unless restrained, or have been committed and will be continued unless

restrained, but no injunction or temporary restraining order shall be

issued on account of any threat or unlawful act excepting against the

person or persons, association, or organization making the threat or

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committing the unlawful act or actually authorizing or ratifying the

same after actual knowledge thereof;

(b) That substantial and irreparable injury to complainant's

property will follow;

(c) That as to each item of relief granted, greater injury will be

inflicted upon complainant by the denial of relief than will be inflicted

upon defendants by the granting of relief;

(d) That the complainant has no adequate remedy at law; and

(e) That the public officers charged with the duty to protect

complainant's property are unable or unwilling to furnish adequate

protection.

Such hearing shall be held after due and personal notice thereof has

been given, in such manner as the court shall direct, to all known persons

against whom relief is sought, and also to the Director of Public Safety

charged with the duty to protect complainant's property; provided, that if a

complainant shall also allege that, unless a temporary restraining order shall

be issued without notice, a substantial and irreparable injury to complainant's

property will be unavoidable, such a temporary restraining order may be

issued upon testimony under oath, sufficient, if sustained, to justify the court

in issuing a temporary injunction upon a hearing after notice. Such a

temporary restraining order shall be effective for no longer than five (5) days

and shall become void at the expiration of the five (5) days. No temporary

restraining order or temporary injunction shall be issued except on condition

that complainant shall first file an undertaking with adequate security in an

amount to be fixed by the court, sufficient to recompensate 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 court.

The undertaking mentioned in this section shall be understood to

signify an agreement entered into by the complainant and the surety upon

which a decree may be rendered in the same suit or proceeding against the

complainant and surety, upon a hearing to assess damages of which hearing

complainant and surety shall have reasonable notice, the complainant and

surety submitting themselves to the jurisdiction of the court for that purpose.

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But nothing in this section contained shall deprive any party having a claim

or cause of action under or upon such undertaking from electing to pursue

his ordinary remedy by suit at law or in equity.