227 Mass. 382 | Mass. | 1917
The master’s elaborate and exhaustive report states the relations of the parties as well as the economic and industrial conditions from which the present suit -originated. It-appears that the plaintiff, being engaged in the manufacture and. installation of all kinds of wrought ornamental and other iron work and in the employment of labor at its factory, conducts “what is-commonly known as an ‘ open shop,’ which, while it means strictly, that inquiries are not made of its employees as to whether or not. they are members of a union, nevertheless under present day con-, ditions, results in all the employees being non-union men.” But, in performance of the contract with one Crane into which it entered as described in the bill, the plaintiff, having been on friendly terms with the union, and in accordance with its custom for several., years to employ “union men on certain outside jobs, so that about one half of its outside work has, in fact, been done by union men, at least for the last three years, such union men being members” of the defendants’ unincorporated organization, hired the-defendants Swanson, Gustafson, McDonough, Grant, Husband, Crane, Muldoon and Brennan, who formed part of its working force of twenty men. While the work was proceeding satisfactorily and without any complaint from the union employees as to the rate and time of payment of wages, the number of hours of labor re-, quired, or that, non-union men also had been employed and retained, the union, having by vote instructed-its secretary “to send out new proposed agreements to all the contractors in their line,” passed a further vote instructing its business agent that “no member be allowed to work for unfair firms until they, had been signed up by business agent.” A conference shortly after followed between the plaintiff and the union’s business agent, the defendant Chadwick, when the plaintiff declined to sign the agreement, and no settlement was reached. The master reports that while other provisions appeared, the agreement “was
While the plaintiff is entitled to injunctive relief accordingly, the question of damages remains. The plaintiff took no exceptions to the report, and by the interlocutory decree from which neither party appealed the defendants’ forty-first, fifty-first, fifty-second, fifty-third, fifty-fifth, fifty-sixth, fifty-eighth and fifty-ninth ex
The eighth paragraph of the bill alleges that, if the union persists in its hostility, "it would be very difficult if not impossible, for your orator to get work, and much work which might be otherwise open to it will be rendered impossible, and that said .conduct has caused damage to your orator to the amount of $10,000 . . . which will be made to appear upon the trial of this cause, with other due damage.” It is to be gathered from the report that the plaintiff sought to establish and relied upon an agreement that the union as a voluntary body had promised and engaged to provide union labor to the amount the plaintiff needed on any of its outside contracts under the condition that ■ non-union labor should be concurrently employed as the plaintiff ' might determine. No express contract was ever made.
The master acted within his province in making such rulings of law as he deemed necessary for a full trial of the issues raised by the pleadings. Bradley v. Borden, 223 Mass. 575. But his finding, which is and was intended to be a conclusion or ruling of law, that *an implied contract existed between the plaintiff and the union whereby' the union understood and constructively agreed that it would furnish union labor on outside work whenever required cannot be sustained. It is true that, in the absence of an express agreement between them, an implied contract from the conduct and relations of the parties may be found to exist. Hayes v. Philadelphia & Reading Coal & Iron Co. 150 Mass. 457. It cannot be found to exist, however, unless a contract status is shown. The officers of the union could not create either by word or conduct a binding bargain in behalf of the members of their union to furnish labor to be performed individually, unless they had been authorized expressly or impliedly by the members in some
The master’s denial of damages for loss of profits on eleven contracts which the plaintiff would have taken if its amicable relations with the union had continued' and its members had remained in the plaintiff’s employment, while not excepted to, is manifestly right, as the members lawfully could refuse of their own volition to work for the plaintiff. Pickett v. Walsh, 192 Mass. 572.
A further claim is made for “shop loss” arising under the Crane contract and the eleven contracts, on the ground, that, by “the cessation of work at the State House and on the other eleven contracts above mentioned,” it has been necessary to store in the plaintiff’s shop the various fabricated material upon all these jobs which ordinarily would have been delivered to them as fast as completed; that a large amount of such material has accumulated already, necessitating extra handling, much inconvenience and crowded conditions at the shop, and will necessitate, if and when these contracts are proceeded with, extra labor and expense in getting the material out and transported to the various jobs.” And the master awards a very substantial lump sum for the consequent loss. The plaintiff however cannot recover for “shop loss” suffered under the other contracts for reasons already stated, and, while entitled to such loss under the
It also is urged that the decree should contain a clause forbidding the imposition of fines and penalties as a mode of enforcing the purpose of the union in its contest with the plaintiff. But, no fines having been imposed or any threats made that their imposition is intended, and the bill not containing any allegations thereof, we find no reason for the modification. Aberthaw Construction Co. v. Cameron, 194 Mass. 208, 215. It moreover is to be presumed that the defendants will not act unlawfully in the future, and any discussion of the constitutionality of the St. of 1911, c. 431, would not be germane to the questions raised by the pleadings and the report. Aberthaw Construction Co. v. Cameron, 194 Mass. 208, 215.
It results that the decree for the plaintiff should be affirmed with costs.
Ordered accordingly.