The New York herald., 1922-01-12
GARMENT WORKERS,
VICTORIOUS, TO ASK
MILLIONS BACK PAY
Justice Wagner's Decision
Orders Employers to
Obey Contracts.
MEANS END OF STRIKE
Lost Wages Of $4,000 for
Two Months Now Held TO
Be Collectiblc.
INJUNCTION ALTERS LAW
Has Far Reaching Possible
ties in Letting Employees
Use Strong Weapon.
INJUNCTION ALTERS LAW

A weapon frequently used by en-
ployers but never before resorted to
by labor unions In the history of in
dustrial disputes was placed in the
hands Of the International Ladies
Garment Workers Union yesterday.
Justice Robert r. Wagner in Supreme
Court made permanent a restraining
order directed against the Cloak, Suit
and Skirt Manufacturers Association.
Justice Wagner's opinion supports
completely the contention Of the union
the point OH which it struck-that
through conspiracy the employers in
the protective association broke a con-
tract with the garment workers which
was to have run until next June 8.
The employers are restrained from
any further act abrogating the con-
tract.
Based on the court decision that the
employers actually did break the con-
tract, the union will begin at once. an
action to recover from the employers
the wages lost by its $1,000 members
in the twenty weeks since the contract
was broken and the strike began, ac-
cording to announcement by Benjamin
Schlesinger, president Of the union.
The amount will run into millions,
said Mr.. Schlesinger but has not been
computed.
Appeal Sought, but Not Stay.
I The employers association hIed an
appeal with the Appellate Divisio's inn
medlately after Justice Wagner's deci-
zion was made known. With the appeal
counsel asked that the argument he
heard az early as possible. The thir-
teenth and twenty-seyenth OF each
month are the regular argument dates.
No request for stay OF the injunction
was made and the appeal does not act
as stay. It could be learned from
neither side when compliance with the
injunction may be sufficiently effective
to allow the garment workers TO return
to their places.
Samuel Untcrmyer. counsel for the
union. said: -
I'VE are entitled to assume that this
determination (Justice Warmers deci-
sion) will end the strike and will result
in returning the workers under the
existing contract. The concluding para
graph Of the opinion. in fact requires
that this be done. II requires In express
terms that the members OF the protec-
tive association cease acting under the
resolution of the association restoring
piccework and the forty-nine hour
week. because OF which the men went
on strike.
1T is what Is known in the law as a
mandatory injunction. AS distinguished
from the usual prohibitory injunction.
As Iaw-abiding citizens the manufac-
turers will now doubtless bow to the
mandate Of the court that the contract
Is a vital end existing agreement that
has been violated by them and observed
by the union.'
Max D. steuer, counsel for the en-
ployers, would not comment further
than to announce his appeal.
May BE Boomerang 20 Labor.
While Justice wagner's decision was
hailed as a sweeping victory for the
garment nakere' union and n gree,
moral victory for organized labor as a
/ whclc, there was considerable diver
gence OF opinion regarding how prof
table such recourse would prove IN
/ future.
In view OF the fact that labor has
made strong and persistent protes,
against the use OF injunctions by en-
ployers against labor. II was argued
that the propaganda to which use OF the
protested instrument by laibor lends
| itself might IN the long run prove a
boomerang.
Morris Hiliquit Of counsel for the
union conceded the decision was q great
victory which afforded food for inter-
esting and profitable reflection" 10 EN-.
ployers. but added:
"As much az am eratihed by the
lesal victory. have BY no means been
converted to the opinion that court In
I functions arc tho proper method o:
adjusting industrial disputes. While
such injunctions are issued by the score
/ against labor unions and are growing
ever more sweepiug Ia their scope and
drastic in their provisions, Il Ia an sc,
Of Just rctribution and poetic justice 70
huri one OF such missiles against lie
| inventors.
But organised labor viii not become
reconcilsd 10 the use of fnjunctions In
labor disputes because u may OCCASION
ally sorve their own ends. Injunctions
against employers can never be as dras-
| tic and deadly as those issued against
workers. When an employers associa-
ton IL restrained from holding meet
! ings in furtherance OF conspiracy 10
4 induce a breach Of agreements with
workers the members OF the association. n.
CO cmpsrstively small In number. can
\ find hundreds of ways OF circumventina
] . Ao "a frso q
| OF strikers are enjoincd from meeting
and orderly picketing IL IL death
thrust 10 their struggle.
zone of the principal merits OF the
precedent established IN the present suit
IL that II will tend to make inJunctions