The New York herald., 1921-12-01
NEEDLE EMPLOYERS
MUST NOT CONSPIRE
Injunction in Behalf of Union
Upheld in Fight Over
Wage Agreement.
CONTRACT CAN BE BROKEN
Individual Owners Need Not
Reemploy Their Help on
Weekly Pay Basis.

Application OF Max D. Steuer, counsel
for the Cloak, Suit and Skirt Manufac-
turers Protective Association, to have
vacated the preliminary injunction
granted Tuesday restraining the asso-
citation from violating its contract with
the International Ladies Garment
Makers Union was denied yesterday by
Justice Guy in Supreme Court
Justice Guy explained that the injunc-
ton was not designed to regulate the
business OF any members of the asso-
citation. but was intended to prohibit
members taking part in conspiracy to
violate the agreement with the union.
This contract. made May 70, 1919, TO be
effective until June I, 1929, provided for
payment on a forty-four hour weekly
basis. The present strike was called
when the employers attempted to estao-
lish the piecework system on Novem-
bsr a..
Morris Hillquit. attorney for the
union. said at the hearing that the
practical effect of the injunction would
not be to force employers to reemploy
men on the weskly basis. but would
free each individual employer to live
UP to his agreemnt without any inter-
ference from the association.
"It does not prohibit any individual
member OF the association from break
ing the agreement" said Mr.. Hillquit,
although he would be liable to q damage
suit If he does so, but it does specifically
prohibit members OF the association
from urging one another to violate the
agreement, from meeting or from spend
ing money with the vtew OF effecting
violation OF the contract"
This Interpretation OF the injunction
was agreed to by both attorneys, and
will be reduced to writing and presented
to the court this afternoon. SamUal
Untermyer. associate counsel for the
union. was unable to be In court be-
cause OF an attack of tonsilitis. He re-
quested that the matter be held over
until to-day SO he might give his views.
In his application Mr.. Steuer said that
as originally interpreted the injunction
prevented manufacturers from operating
their plants on the piecework system and
the forty-nine hour week. That this was
so both Justice Guy and Mr.. Hlllquit
denied, explaining that the injunction. on
the grounds of conspiracy, enjoins the
association from instigating its mem
bers to violate the agreement
Courts which have heretofore issued
injunctions in similar cases against
unions and workers. Justice Guy said.
will welcome this opportunity to demon
strate that the same rules of law and
justice apply 70 every one"
It is said that this Is the first time a
labor union has obtained en- injunction
against an employer restraining him
from violation OF contract. The
manufacturers have been notified to ap-
pear in court on Monday TO show cause
why the Injunction should not remain in
force pending litigation on whether the
manufacturers shall be required to live
up TO their contract until it's expiration
next June.
Getvil Weinstein, As, of 242 Division
street, became suddenly i'll and died
while attending meeting OF striking
garment workers of Local 3S at Odd Eel
lows Hall. 9S Forsyth street.
Special Despatch TO THE NEW YoRK HEsALu
CHICAGO, Nov. 30.--The Chicago Cloak
and Suit Manufacturers Association.
which will start piecework system to-
morrow. will not delay its move az re-
quested by Benjamin Schlesinger Of New
York, president of the International
Ladies' Garment Workers Union. The
manufacturers completed their arrange
ments this afternoon. Between 5000 and
6,oOo workers will be affected.