New-York tribune., 1921-12-03
Garment Strike
Suit to Include
Demand for Paw
Untersnyer Advises Workers
Danbury Hat Case Gives
Basis for Collection of
Millions in Lost Wages
Inquiry Goes On To-day
State Commission Sticks to
Its Decision 10 Learn if
ANY Contract Was Broken

TIE International Ladies' Garment
~rorkers' Union, taking as precedent
The action of the manufacturers in the
panhury hatters' case, but reversing
the positions OF employer and employee
in that case, has instructed counsel to
include in the present injunction pro-
csedings against the Cloak, Suit and
Skirt Manufacturers Protective Asso-
citation an action to recover money dam
ages to compensate for loss of wages.
This proposal. which is as unioue in
industrial litigation as was the suing
FOR an injunction by the union to re-
strain the manufacturers association
from violating its union contract and
iron, conspiring to establish piecework
and lengthen hours, was made by Sam
re Untermyer. of counsel for the work
ers 1t was indorsed by Morris Hill
quit, the unions attorney, and by Ben
iamin Schlesinger, its president.
Mr.. Untermyer advised the union
that their action involving the contract
be amended so as to secure an interloc-
u.ory judgment that would enable each
employee to obtain damages from his
employer for his loss Of wages during
the strike.
Mr.. tntermyer Confident
Mr.. untermyer says he believes the
suit may be made comprehensive and
farreaching enough to afford relief not
heretofore considered within the scope
Of an injunction ot this character.
ut is my opinion" the attorney says,
"that i our clients can establish. as
have 10 doubt they can, that the con-
tract was violated by the manufacture
ers the conlnlainants in this action
may secure an interlocutory Judgment
in form that will enable every en-
piovee OF the association members to
secure a judgment against his employer
for his loss of WAGES until the date Of
the expiration of the contract. The
total damage will, of course, depend
upon the duration Of the strike, but
VIII, N any event, amount to several
million dellars
at IS as though each worker had
separate agreement with his employer,
but, N view of the fact that thousands
Of suits would be involved against hun
creds Of employers, equity will take
jurisdiction in SINGLE action, both to
avoid multiplicity of suits and ON the
broader ground that it has become an
incident TO the main action to enjoin
further violations of the agreement"
Mr. Unternlyer adds that the suit
would simply invoke the rule Of the
courts in the Danbury hatters' case,
damages from all the members of the
hatters' union
Inquiry Proceeds To-day
The inclusion c. damages in the legal
papers will have to await the outcome
q the argument on the injunction be-
tore Justice Wagner on Monday. No
doubt IS felt that the issues will come
to trial.
William Klein. attorney for the
manufacturers, did not care to com
ment yesterday on the new phase Of
the case, saying he would await the
amended papers.
Henry D. Sayer, State Industrial
Commissioner, said yesterday after
meeting OF the investigating board, at
tended by Chairman Higgins, Hugh
trayne, Marcus M. Marks and Judge
Northrup counsel, that there would be
no renewal OF the mediation offer. but
mat the taking of testimony to find
whether contracts were broken and
Why would begin at 10 o'clock to-mor-
row morning. Mr.. Sayer said the in
Junction suit would not affect to-mor-
rows session so far as the board is
concerned, whatever the outcome of
,Aot1uay argument may nave on future
hearings.
Mr- Schlesinger gave out yesterday
copy Of letter written by Samuel
Gompers on behalf of the Executive
Council Of the American Federation of
Labor, IN which the position of the
garment workers union is indorsed
and support pledged.
CHICAGO. Dec. 2.-Morris Sigman.
hrst vice-president of the international
Ladies Garment Workers Union, who
came from New York to assist the
strikers here, said to-day that he did
not expect any settlement before Jan
usry. The slack season, he said, put
the manufacturers in no hurry to re-
consider their action.
foiiowlng statement by NJ Tobias
sor the manufacturers that the strike
might be settled sooner than expected. !
mr. Sigman said that the union would !
gladly confer on the question of pro- |
,auctlon under a weekly wage system. |
nut would not talk about setting I'D |
system or measured service"
ARMY sAaeouSo~.