19 A.2d 659 | N.J. | 1941
This is an appeal from a decree of the Court of Chancery restraining and enjoining the defendants International *369 Ladies' Garment Workers Union, Local No. 85, Alfred Belskin, Mae Powell, Harry Friedman, Frank Tober, Josephine Del Vecchio, Armideo Tallerico and Bessie Hammerschlag "from all picketing and other strike activities," and imposing costs and a counsel fee upon the defendants.
The situation presented by stipulation on final hearing is that complainant was incorporated on November 29th, 1938, at the instance of William Schwartz and Gladdy-Colleen, Inc.; that Schwartz also controls Gladdy-Colleen, Inc., which was incorporated July 22d 1938, in New York; that prior to November 29th, 1938, Schwartz, through Gladdy-Colleen, Inc., was engaged in the manufacture and sale of women's dresses; that said Schwartz is now engaged in the same business through Gladdy-Colleen, Inc., and complainant corporation; that some of the equipment of Gladdy-Colleen was removed to Long Branch and has been, and still is, used by complainant in the manufacture of dresses at its plant at Long Branch; that Gladdy-Colleen was a member of the National Dress Manufacturers Association of New York City which had entered into an agreement with International Ladies' Garment Workers Union and the Joint Board of Dress Waist Makers Union of Greater New York; that on November 30th, 1938, Gladdy-Colleen resigned from the association and, therefore, was no longer bound by the agreement between that association and the union; that the agreement just referred to was to expire on January 13th, 1939, but on December 30th, 1938, was extended to January 31st, 1941; that on January 31st, 1939, the union called a strike against Gladdy-Colleen because of the manufacture of dresses by non-union members; that sixteen of approximately twenty employes of Glady-Colleen went on strike, and thereupon picketing and other strike activities were begun in New York City; that, upon the discovery by the union that complainant was being used by Schwartz and Glady-Colleen in its manufacturing processes, the picketing and other peaceful union activities were extended to the complainant's plant at Long Branch; that members of the Long Branch local union, peacefully and without obstruction, picketed and distributed circulars, two members distributing circulars and two carrying a *370 banner which read "Lora Lee Dress Co., Inc., is Unfair to Organized Labor. International Ladies' Garment Workers Union Local No. 85;" that the pamphlets distributed did not refer to the company or to Schwartz's other company, but merely dealt with union purposes and aims; that the activities of the union also included, peacefully and without obstruction, the solicitation of complainant's employes to join the union; that no acts of violence or intimidation were engaged in, but that the picketing and solicitation were done without recourse to coercion, but by discussion and entreaty.
The learned Vice-Chancellor held that the object of the picketing was to assist the union to aid the ends of the strike in New York by compelling Gladdy-Colleen to again become a party to an agreement for a closed shop; that the strike was for an illegal purpose and that all activities in furtherance thereof are illegal; that the corporations were entirely dis-associated and that, inasmuch as there was no strike at the Long Branch plant, there could be no picketing there; and that the "pickets are intermeddlers." Citing Feller v. Local, No. 144, c.,
The instant case, in its essential facts, is similar toHeine's, Inc., v. Truck Drivers' and Helpers' Union, c., etal.,
"One further point was made by the defendants. Relying onThornhill v. Alabama,
That case is controlling herein and it makes no difference whether the complainant corporation be considered an entirely independent company, as held by the Vice-Chancellor, or whether it be considered a subsidiary of the New York company or thealter ego of Schwartz, as contended by the appellants.
The decree under review is reversed.
For affirmance — None.
For reversal — THE CHIEF-JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, COLIE, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, THOMPSON, JJ. 15. *372