276 Mass. 263 | Mass. | 1931
The plaintiff is a corporation engaged in manufacturing, selling, and, to some extent, installing cork board, a material used for insulation against heat and cold, which is placed upon the roofs of buildings and also in interiors of cold storage and refrigerating plants, ice houses and other places used for cold storage. The corporation has a large and valuable business, and is widely well known. It not only sells its product, leaving purchasers to instal at their pleasure, but also itself contracts for the installation and guarantees its work. For the latter purpose it has long maintained a construction crew under a trained engineer, in which the mechanics are union men belonging to the laborers’, the carpenters’ and the plasterers’ labor unions. Except within
The bill was filed on March 14, 1930.' The defendants are the president, vice-president, secretary-treasurer, recording secretary and the business agents of Local Union No. 33 of the United Slate, Tile and Composition Roofers, Damp and Waterproof Workers’ Association, who are named individually, and "the other officers and members” of the association and of Local Union No. 33 who are numerous, mostly unknown to the plaintiff, but are alleged to be “fairly represented by said officers and have a common interest with them in the suit.” They are referred to as “the roofers.” The bill seeks injunctive relief. Answer was filed by the defendants. After hearings by a master and a report to which no exceptions were filed or taken by either party, the cause was heard by a judge of the Superior Court who reserved the case for the determination of the full court upon the pleadings, a stipulation of the parties with regard to conduct pending the proceedings, the order of reference, the master’s report, the decree confirming the report, the plaintiff’s motion for entry of a final decree and all questions of law, such decree to be entered, or order made, as justice and equity may require.
The master reports the following facts: For ordinary roof covering slabs of the cork board are dipped in hot asphalt and laid in place with little occasion for cutting and trimming them. For ceilings and walls of rooms, and for cold storage and refrigeration construction, much accurate cutting, trimming and fitting are called for, and the board is laid in a better grade of asphalt or in Portland cement mortar. Although hot pitch or tar is used to some extent in interior work, it is never used for installing the board in cold storage
As early as 1928 the roofers claimed the work of laying cork board in hot asphalt wherever used. The work on a few jobs was given them, but was not satisfactory to the plaintiff. In January of 1930 the roofers’ union made formal demand for the work and for an agreement. The plaintiff refused to make the desired agreement and was notified “that whenever said work was to be laid in hot asphalt, and other mechanics were employed to do said work, that the other mechanics be discharged and that the defendants be hired in their stead, and that if said demands were not acquiesced in by the plaintiff or other contractors, then in that event they, the roofers, would refuse to work upon any building for any contractor or subcontractor where the material of the plaintiff was being installed by any mechanics other than the roofers.” Pursuant to instructions from the International Roofers Union to Local Union No. 33 to endeavor to obtain all the work of installing and applying the cork board material demanded of the plaintiff, that locpl voted on February 10,1930, to refuse “to handle any product of the Armstrong Cork Company until they come to a signed agreement with our Local”; and it, forthwith, notified the Building Trades Employers Association of its refusal. Conferences on March 5 and March 7 were held without reaching an agreement. At the latter conference, the representative of Local No. 33 claimed for the roofers “ All heating of asphaltic material, all brush work, spray gun system, all mopping, all setting of cork on roofs, on floors, dipping of all
The master found that "It is the defendants’ plan to obtain a monopoly of all of the work of installing and applying cork board material manufactured by the plaintiff and others engaged in a similar line of business, to the exclusion of all other crafts, wherever said material is set upon a hot asphalt base, regardless of whether it is upon the roof or the interior of a building and without regard to the character of the building upon or in which it is to be installed. The defendants further propose to refuse to handle any of the material of the plaintiff or to refuse to work upon any building for any contractor, subcontractor or owner, where the plaintiff is engaged in the installation and application of.its said material with its own mechanics. The defendants also propose, and already have advised contractors, builders and owners generally that there will be labor difficulties upon their work if the plaintiff’s material is used or if a contract is made with the plaintiff whereby it undertakes to furnish and erect its material, hoping thereby to induce contractors, builders and owners generally to bring pressure to bear upon the plaintiff to comply with the defendants’ demands, lest its business be ruined if it neglects and refuses to do so.”
In carrying out this plan certain of the defendants in the employ of the Columbia Cornice Company refused to handle material purchased of the plaintiff by, and about to be installed by, the former company on a job of the ThompsonStarrett Company, Inc., at 75 Federal Street, Boston,' although none of the plaintiff’s employees were, or were to be,
In the circumstances thus disclosed the plaintiff is entitled to injunctive relief. Indeed while not expressly ad
The record does not disclose the names of those who were served with process; but answer was made on behalf of “the defendants” and must be assumed to be on behalf of all the defendants. All not served and not named have a common interest in the success of the course pursued, and are fairly represented by those named. The injunction to be effective must apply to all, and justly applies to all, although blame for violating it may vary greatly with the individual at fault. Baush Machine Tool Co. v. Hill, 231 Mass. 30. Martineau v. Foley, 231 Mass. 220, 224.
Equity may properly enjoin certain refusal to work on behalf of individuals. The right of the individual to refuse to work for another on any ground pleasing to himself does not go so far as to tie the hands of the law where individuals are in combination to prevent that other from securing any one to work for him. Refusal in an effort to further the illegal purpose of the combination is properly restrained. A. T. Stearns Lumber Co. v. Howlett, 264 Mass. 511, 515. A refusal to work in truth and fact not connected with or induced by the furtherance of the combination hereby denounced cannot be restrained and is not within the injunction of the decree herein.
We have not dealt with the question of the creation of a monopoly or with that of interference with interstate commerce because neither seems essential to the decision of the matter now before us. Nor do we consider that the action of the National Board of Jurisdictional Awards, to which neither the plaintiff nor these defendants were parties, is material here.
It follows that the plaintiff is entitled to a decree in the form of the decree submitted.
Ordered accordingly.