136 Minn. 200 | Minn. | 1917
Plaintiff operates a motion picture theatre on Twentieth avenue north in Minneapolis. He employs one Supple as operator of his motion picture machine. A trade union of motion picture machine operators, seeking to enlarge the possibilities of the organization, besought plaintiff to enter into an agreement to hire a union operator at union wages and further urged that Supple join the union. To do so he would be obliged to enter as a “permit man,” and after a year he would become a full member. During this year he would be subject to be displaced by some union member, should there be one unemployed, but this was not probable. While these negotiations were in progress plaintiff remodelled his theatre, and in that work it was claimed he employed nonunion men though union labor was offered. The result of all their negotiations was that plaintiff finally informed defendants that he would not employ any union man. as operator and that if Supple joined the union he would be discharged. Defendants’ representative then told plaintiff the union would feel obliged to “banner his place as unfair to organized labor.” Plaintiff replied that was just the thing he wanted done, that when it was done before it helped his business and he was glad it was about to start again. Thereupon defendants hired one Clausen to carry back and forth on the street in.front of the theatre a banner on which was printed: “This theatre is unfair to organized labor.” Many other acts are charged, some of them distinctly unlawful, but they are all denied and in view of
If, on a full hearing on the trial on evidence produced by the parties, the court shall find that the charges in the complaint are true, proper relief can then be given, but we are of the opinion that in denying an injunction on the pleadings and affidavits submitted there was no abuse of discretion.
Order affirmed.