The sun., 1910-02-22
PARKER ARGUES FOR LOCKOUT
STEAMFITTERS UNION STRUCK
AND ALLEGES CONSPIRACY.
Employers Association says the strikers
Were Parties TO the Alleged Con-
spiracy for Years and went Out In
Violation Of Arbitration Agreement.


Were Parties TO the Alleged Com
spiracy for Years and went Out In
Violation Of Arbitration Agreement.
Alton B. Parker. who was counsel
for Samuel Gompers and John Mitchell
in the Bucks boycott case in which they
were convicted OF contempt Of court
for continuing the boycott. appeared
yesterday for the Building Trades EN-
ployers Association before Supreme
Court Justice FitzGerald in the argument
to make permanent an injunction OBJ
tanned against the employers associa-
ton by the Enterprise Union OF Steam
filters ON the ground thRt In locking them
out OF employment the employers were
guilty OF conspiracy.
The case originated from the notice
sent by the Building Trades Employers
Association to its members not to employ
members OF the steamfitters' union who
had struck on january for 90 a day in
stead OF s.. Two individual plaintiffs
are men discharged from working on
the new wing OF the Methodist Episcopal
Hospital in Brooklyn by an independent
sub-contractor on the order Of John
Kennedy a Sons, the general contrac-
tors. who are members of the defendant
association.
This employer organization has been
growing stronger and stronger and bolder
and bolder as the laws against corpora
tions have not been enforced for several
years past said Clarence J. Shearn.
counsel for the plaintiffs. Until this re-
markable organization was formed it
was recognized that it was against the
law to practise coercion. Now the asso-
citation is reaching out and has become
an Interstate affair. controlling all the
large labor employers in Greater New
York, Newark and Jersey City" Mr..
Shearn said that to make the coercion
effective the association requires a bond
OF 81 500 from each member that he will
obey the orders and decisions OF the asso-
citation and its board OF governors.
MIR. Parker said that the association
is formed Of thirty-two labor unions
and thirty-two master employers asso-
Citations. with two delegates from each.
making I2s persons in the body. Each
representative union and each master
employers association became parties
TO the agreement signed. by which each
could select an umpire to settle differ
ences II its own small board OF arbitra-
ton was unsuccessful. The final course
was an appeal to the general body from
the decision OF the umpire.
| This plaintiff union, unmindful OF its
obligations under the agreement, vio-
lated the agreement said Judge Parker,
-and also the general arbitration plan
on which the whole structure rests FOR
it's success, although the agreement was
that no union as a single union could order
a strike or leave its work. The employers
1 also agreed not to lock the union men out
This union struck on the ground that the
agreement had expired. The particular
provision had been made for 1t to con-
tinue. The agreement provided for q
renewal and a permanent mutual board
OF arbitration
When the steamfitters' union struck
the executive committee OF the board oi
arbitration, half OF them from unions
ordered the menSback to work. and wher
they refused to obey the association tool
the position that they should be lockec
out. II couldn't consent to a breach Of
the agreement or the whole scheme woulc
break down.
The union cannot now ask for euult.
able relief under the agreement, becaus,
IL has broken away" said Judge Parker
-and it can't say that the agreement b
conspiracy against it. Il participated
in the agreement for sever -oars."
Affidavits from Kennedy a Son and tn,
were read to show that neither causec
the discharge Of the men because the asso
citation had ordered them to. but said tha
as soon as the facts were brought to theil
attention they let the men 90 becaus,
they didn't want to hire persons VIII,
would strike rather than arbitrate.
Justice FitzGerald reserved decision.