232 Mass. 106 | Mass. | 1919
This is a bill to enjoin members of the Shoe Workers’ Protective Union from combining to prevent the employment of the plaintiff by Rice and Hutchins. On findings of fact made in the Superior Court a decree was entered dismissing the bill, and from that decree the appeal which is now before us was taken by the plaintiff.
The judge found the following to be the facts of the case: Rice and Hutchins operate a shoe factory in Marblehead. “For at least two years” before the matters here in question they had
A copy of the price list agreement signed by and in force between.the Shoe Workers’ Protective Union and Rice and Hutchins at the times here in question is set forth in full in the findings made by the judge. The peculiarity of this case is that there is no provision in that price list agreement requiring Rice and Hutchins to give all their work to members of the union. The agreement sets forth in detail the prices to be paid for work. It also sets forth many of the terms on which the work is to be carried on. In addition it has these two provisions: “Agent to be allowed to visit factory during working hours;” and “Union to have shop committee.” In addition the judge found that: “Throughout the
The defendants’ first contention is that the case is brought within Pickett v. Walsh, 192 Mass. 572, by the finding that “the refusal to admit the plaintiff to membership in the union . . . [was] to secure the work which the plaintiff did for its own members.” But this was a finding as to the reason why the union did not admit the plaintiff to membership. It was not a finding as to the purpose of the strike. The finding made by the judge as to the purpose of the strike was “that it [the strike] was solely for the purpose of compelling Rice and Hutchins to continue to operate the departments of their factory, which had been operated under
An agreement by an employer with a union to give all his work to members of the union is a legal and valid agreement, Shinsky v. O’Neil, ante, 99, and a strike by the members of the union to enforce their rights under such an agreement is a legal strike. But the peculiarity of this case (as we have said) is that there was no stipulation to that effect in the price list agreement between Rice and Hutchins and the defendant union. The price list agreement here in question fixed the prices to be paid and the conditions (or some of them) under which the work should be done; in addition it gave to the union a right to have an agent “visit [the] factory during working hours;” and “to have [a] shop committee.” But this price list agreement went no further. It did not stipulate that Rice and Hutchins should give all their work to members of the union. It is found indeed by the judge that the purpose of “the superintendent of the factory” of Rice and Hutchins was “to secure” union men and that by executing this price list agreement Rice and Hutchins did secure union men and their shop “was run as a union shop” in all departments with which the defendant union had to do. But a price list agreement with a union in which it is agreed that the union shall have a shop committee and an agent who shall be allowed to visit the factory during working hours is not in and of itself an agreement on the part of the employer to give all his work to members of the union. In case of such a price list agreement the employer has a right to change his mind and decide not to employ union men. He has a right to change his mind and decide not to employ union men, because he has not made an agreement that he will give all his work to the members of the union in question. Inasmuch as the union before the strike here in question had not secured from Rice and Hutchins an agreement to give all their work to members of the union, a strike to compel Rice'and Hutchins to employ none but union men was an illegal strike. W. A. Snow Iron Works, Inc. v. Chadwick, 227 Mass. 382, and cases there collected.
It follows that the plaintiff is entitled to an injunction permanently enjoining the members of the defendant union from interfering and from combining, conspiring or attempting to interfere
The judge found that “if the plaintiff is entitled to injunctive relief, his damages necessarily must be assessed only down to the time of the granting of such relief, and I am of opinion that no finding ought now to be made on the question of damages, because, if entitled to such relief, the question of amount will be affected by facts arising since the hearing before me, and if entitled to relief only by way of damages, like considerations will be involved.”
The result is that a decree must be entered reversing the decree appealed from, declaring that the plaintiff is entitled to a permanent injunction in the terms stated above, and directing that the case shall stand for further hearing in the Superior Court in accordance with that decree. At this further hearing evidence may be admitted.
So ordered.