The New York herald., 1921-02-17
OPEN SHOP FIGHT
TAKEN TOCOURTS
FOR FIRST TIME
Table Maker Must Show
Cause Why He Should
Not Be Restrained.
UNIONS FORCE TEST
Assert HI. J. Cohen Broke
Contracts in Reducing
Their Wages.
OTHER SUITS IMPEND
Civil Actions Also Will Fol-
low if Labor Wins Its
Injunction.
OTHER SUITS IMPEND

Organized labor went into the courts
IN it's fight against the open shop agi-
tation for the first time yesterday
when Henry Kohn, treasurer Of Dis
trict Council No II Of the United
Brotherhood of Carpenters and Joiners
Of America, obtained from Justice
John Ford of the Supreme Court ar
order directing Henry j. Cohen. a
table manufacturer Of II Goerck
street. 10 show cause why he should
not be restrained from running his
business as an open shop. This is re-
garded as a test case. and il labor
wins it's points against Cohen, it is
4 quite likely that similar legal action
will be taken against other manufac-
sturers.
According to Kohn's affidavit. Cohen
signed contract with the brotherhood,
zagreeing to employ only union men until
\ August 81, 1921. On January 81. 1t is
set forth. Cohen notified his employees
. that he had found 1t necessary to make
25 per cent. reduction in wages and
salaries. He did this on January 81,
1T Is alleged, and refused to arbitrate
4 with the union. He is alleged to be still
running his plant under the reduced
wage schedule and hiring non-union men
v Kohn also alleges that the defendant is
a member of the Table Manufacturers
Il EAssociation. which is fighting for the
topen shop. and that unless the Injunction
tis granted the union will be destroyed.
fThe order Is returnable before Justice
iBijur to-day.
U Kohn's application for an injunction
Awas considered on both sides yesterday
as one of the most important develop
sments in the fight between organized
Elabor and advocates OF the open shop
'that has occurred in recent weeks. II
|fwas said to indicate that the unions will
|Iattempt to fight the open shop agitation
Eon the ground that the manufacturers
Fwho have declared against organized
labor and who are getting rid Of union
Enen by cutting wages have violated
Econtracts made by the union in goot
|tfaith. 1t was regarded as likely that II
1.-The injunction suits are won by the
EInions. civil suits for the recovery OF
|1iamages. based on the alleged violation
|Eof contracts will also follow.
n IT Is understood that in the event that
Kohn and the Brotherhood OF Carpen.
.ers win their appeal for an injunction
| lgainst the tablemakers similar action
will be begun at once against some OF
he 106 plants OF the Allied Building
Metal Trades industries which have de-
,lared war against union domination.
Many OF these shops were picketed yes
erday by former employees. who arr
members OF the International Associa =
ion of Bridge and Structural Iron
.tyorlSers. Moral suasion" was used
With recruits who approached the plants
.eager to enroll under the old schedule
Hi hours and wages, but no i1ostilities
we're reported.
The board of control of the employers
Organization held a meeting in the
rooms of the Building Trades Employ
,rs Association. 20 West Thirty-third
treet. at which reports were received
rom most of the shops concerned in the
movement. After the meeting A. S.
sichey Of the Richey. Browne & Donald
ron Works. Maspeth, speaking for the
board. said the days development had
been encouraging to those employers
ivho have espoused the open shop move
nent. Men continued TO come forwa I'd
n response to the advertising campaign
nd others were being recruited through
Employment agencies. He said the
board would have no specific reports
o make concerning the various plants
or several days.
Samuel Gompers. president OF the
american Federation OF La Dor. said he
lad no time for extended comment upon
he open shop movement OF the metal
Industries employers. 1T Is not at all
Extraordinary" he said. This Is Just
mother phase OF concerted anita gonism
ga inst organized labor,