95 N.J. Eq. 108 | New York Court of Chancery | 1923
This is a bill to enjoin a strike. The complainant made a contract to decorate Bamberger’s store in Newark and for that purpose hired union men at Newark union wages, $8 a day. The local of the Painters’ and Decorators’ Union, claiming that the complainant is a New York concern, called a strike because the complainant refused to pay New York City union wages, $9 a day, as ordained by the national body of the union by an amendment to its constitution passed in September, 1921, which reads:
“Where there is a difference between the wage scales of two cities, all members employed upon a job done in one of the two cities by an employer from the other (whether sent from the city in which the employer’s place of business is situated or hired in the city where the work is done) shall receive the higher of the two wage scales.”
The law casts upon the union the burden of justifying the enforcement of its laws by strike. Lehigh, &c., Co. v. Atlantic S. & R. Works, 92 N. J. Eq. 131. None of the usual grounds for strike, such as wages, working conditions, the integrity of the union, strife for power in the industrial field and the like, all well recognized in law and upheld by the courts as lawful, is involved. The extra dollar a day wage is incidental and only to be accidentally earned. The reason for the amendment and the argument to support it is, in substance, that the better class of union workmen, as a rule, flock to the larger cities, where, because of their greater skill
Diversity of citizenship in the instant ease is only called into play to emphasize my view. The amendment would be just as vicious, and not an iota less harmful to the public, were its operations confined to state lines if different wage scales exist in different communities. The extent, not the character, of the wrong would be modified.
My conclusion is that the strike is for an unlawful purpose and an injunction will issue.