The labor world. [volume] (Duluth, Minn.) 1896-current, 1922-01-28

JUSTICE ROBERT r. wagner OF the
New York supreme court last week
issued a. mandatory order upon the
New York Cloak. Suit and Skirt
Manufacturers Association to abro-
gate their lockout order against the
International Ladies Garment Work.
ers' union. which was made at a
meeting Of the manufacturers asso-
citation last October Is. The court
order was issued on a motion made
several weeks ago by the unions
counsel. The supreme court has sus-
tanned the unions claim that the
manufacturers had flagrantly brok-
en- a three-year agreement entered
into May 49,, 1919. and supple
mental, agreement made in June
1921, by their conspiracy to put in
to effect the piece-work system and
the 49-hour week on last November
IA. instead of the week-work system.
the 44-hohr week and minimum
wage rates established by the. two
contracts.
Justice Wagner's decision enjoins
the manufacturers association, it's
members or officers from "combin-
ing or conspiring in any way to or
der, direct, instigate, counsel, advise
or encourage its members to cease
performing or to violate agreements
CT May 20, 1919, and June 8, 1921,
from ordering or encouraging such
members to abrogate and discon-
tinue the provisions of said agree
ment for the system Of week work
prior to June 1, 1922, or to increase
the hours of labor above a. hours
per week until the said first Of June"
The order also restraints the manu-
facturers from interfering with any
member of their association who may
agree. to restore the terms of the
agreement.
In his decision Justice Wagner
said, in part: "Out of. the mass
of affidavits submitted by both sides,
with denials and some conflict Of
facts, there survives clearly a pre-
ronderance Of evidence in it's right
to- the extraordinary erlief sought.
while this application is novel,
it is novel only in the respect that
for the first time an employees or
ganization is seeking to restrain
their . employers organization from
violating a contractual obligation.
The fact that the employees have
entered equity's Threshold by a
hitherto untraveled path does not
lessen their right to the laws de-
cree. -"
'That progressive sentiment Of ad-
vanced civilization which has COM
PEELED legislative action to correct
and improve conditions which a pro-
per regard for humanity would nc
longer tolerate cannot be ignored by
the courts. Begin persuaded by
the proof adduced that the con.
tract was in force October rs, 1921
| the resolution adopted the defendant
| association on that date contemp1at.
ed a material breach Of that contract.
and such contemplated breach wa.
carried out November IA, 1921, when
the members Of the association re-es.
tablished the piecework system II
their factories. Since the members
of defendant association were by the
bylaws bound to. and did, carry out
the directions Of the association to
repudiate it's legal obligations, the
act constitut ted a conspiracy. A com
bination to procure a concerted
breach Of contract by the members
constitutes violation Of plaintiffs
legal rights"
Benjamin Schlesinger, spresiden,
Of the International Ladies' Gar.
ment Workers union, declared that
"the lawless breach Of their con-
tracts by the employers has forced
$4,000 workers into idleness for q
period Of two months. Even II
work should be resumed under the