154 Misc. 684 | N.Y. Sup. Ct. | 1935
In this type of case the decision is simple as soon as a single question is answered. Does the activity of the union amount to a secondary boycott? The apparently hopeless conflict in the cases is caused by the variance in the facts, which makes the answer different in different cases. Plaintiffs run a non-union shop. The union has a right to peaceably persuade anybody not. to buy plaintiffs’ goods because they are not union made. That applies to consumers and to retailers. The union has no right to persecute plaintiffs’ customers because they buy plaintiffs’ goods but it has the right to urge the customers of plaintiffs not to buy non-union goods. So whether this is a secondary boycott depends on the facts. There is very little law involved. The pickets do not attempt to interfere in any way with the general business of. plaintiffs’ customers. Peaceably they try to persuade shopkeepers not to buy non-union goods. When