295 Mass. 56 | Mass. | 1936
The plaintiff operates a chain of broadcasting stations. The defendants are the officers and members of “Local No. 9,” which is located in Boston and is affiliated with and forms part of the American Federation of Musicians. The primary purpose of the suit is to restrain the defendants from interfering with the conducting of an orchestra by one Kendis in the plaintiff’s studio.
For about eighteen months prior to April 1, 1935, the officials of the local had been endeavoring to induce the plaintiff to employ a “house orchestra,” so called, but the plaintiff had refused to do so, because it was unable to find a conductor of suitable talent. Shortly before April 1 the plaintiff requested Kendis to get together an orchestra of ten musicians, which he did by selecting ten members of the local. Their work proved satisfactory to the plaintiff, and thereupon, on April 1, the plaintiff and Kendis entered into a contract in writing by which the plaintiff engaged Kendis for one year as “contractor, conductor, arranger and pianist” at a salary of $100 per week. Kendis was a member of the American Federation of Musicians, belonging to locals in New York City and elsewhere, but not to Local 9. A by-law of the federation provided that “A member
The judge found that Kendis had not violated any of the by-laws or regulations of the federation or of Local 9. He further found that the ten musicians employed by Kendis desired to continue to play at the plaintiff’s studio, “that they were entirely satisfied with the compensation and the conditions of their employment, and that the only reason they did not continue to play was because as the result of the threats made to them by the officials of the Union they feared substantial fines, suspension or expulsion,” that “there was no legitimate or reasonable basis for refusing the permission to Kendis to carry out his contract with
The case is here on appeal with a report of the evidence. We must examine the testimony and draw our own conclusions as to facts, giving due weight to the findings of the judge who saw and heard the witnesses and not reversing his findings either of subsidiary or of ultimate facts unless they are erroneous in law or the evidence shows them to be plainly wrong. Cook v. Mosher, 243 Mass. 149, 153. New England Wood Heel Co. v. Nolan, 268 Mass. 191. Masterson v. American Employers’ Ins. Co. 288 Mass. 518, 521. MacLeod v. Davis, 290 Mass. 335, 338.
We think it is plain on evidence practically undisputed that Kendis had violated the two by-laws in question by accepting without the consent of the local and before the expiration of the three-months period a contract for a permanent engagement which did not contain the required stipulation. We deal with the case on this basis. The other findings of fact hereinbefore stated cannot be pronounced plainly wrong. They are consistent with inferences which a reasonable mind might draw from evidence which, as elicited from witnesses in the courtroom, might have been convincing. It is true that there was no direct evidence of “threats” by the officers of the local to the ten musicians, but there was evidence which could have been thought to show advice from the officers which caused the musicians to abandon their employment through fear of action by the officers and the local and against their own desire. The precise word used to describe this is unimportant.
The findings and the evidence together show that the defendants, having no trade dispute of any kind with the plaintiff, combined to prevent the carrying out of the con
The right of the local, solely as between itself and Kendis, to punish Kendis for violation of the by-laws is not here involved. Whatever may be the extent of that right, it cannot be used as a justification for an otherwise unlawful attack upon the plaintiff. Indeed it was held after' much consideration in Martell v. White, 185 Mass. 255, and in L. D. Willcutt & Sons Co. v. Driscoll, 200 Mass. 110, that the imposition of coercive fines was in itself an unlawful means of carrying on even a lawful combination. A. T. Stearns Lumber Co. v. Howlett, 260 Mass. 45, 72. See G. L. (Ter. Ed.) c. 180, § 19. And in this case the abrupt change of attitude on the part of the local toward the new orchestra when Kendis was mentioned as the conductor, the close relationship between the refusal to approve Kendis’s con
No prejudicial error appears in the manner in which the judge dealt with questions of evidence.
We think the final decree was no broader in its terms than was reasonably required for the protection of the plaintiff’s rights. As the purpose of the combination must now be deemed to have been unlawful, it was proper to enjoin all means of carrying it out which there was reason to apprehend would be employed, including suspension or expulsion from the local as well as fines. In this respect the case differs from L. D. Willcutt & Sons Co. v. Driscoll, where the issue was only as to the lawfulness of the means. This point is conceded by the minority opinion in that case at page 137. The decree must be interpreted reasonably in the light of the pleadings and with reference to the nature of the wrong for which relief is granted. Attorney General v. New York, New Haven & Hartford Railroad, 201 Mass. 370, 372. It does not purport to regulate the relations of the local with its members, except as they are involved in the combination against the plaintiff which is the subject of the suit. Inasmuch, however, as the one-year term of the contract annexed to the bill has now expired, the third paragraph of the final decree should be omitted. As so modified, the decree is affirmed with costs.
Ordered accordingly.