Densten Hair Co. v. United Leather Workers Int'l Union of America

• Decision Date: 07 January 1921
• Citation: 237 Mass. 199,129 N.E. 450
• Parties: DENSTEN HAIR CO. v. UNITED LEATHER WORKERS INTERNATIONAL UNION OF AMERICA et al. TANNERS PRODUCT CO. v. SAME.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

237 Mass. 199

129 N.E. 450

DENSTEN HAIR CO.

v.UNITED LEATHER WORKERS INTERNATIONAL UNION OF AMERICA et al.

TANNERS PRODUCT CO.

v.SAME.

Supreme Judicial Court of Massachusetts, Essex.

Jan. 7, 1921.

Appeal from Superior Court, Essex County; Frederick Lawton, Judge.

Suits by the Densten Hair Company and the Tanners Product Company against the United Leather Workers International Union of America, etc., and others. From decrees for plaintiffs, defendants appeal. Decrees ordered affirmed.

Starr Parsons, Arthur G. Wadleigh, and Patrick F. Crowley, all of Boston, for plaintiffs.

James W. Sullivan and Joseph F. Doyle, both of Lynn, for defendants.

PIERCE, J.

In each of these suits, filed April 1, 1920, the plaintiffs severally seek to have the defendants enjoined from interference with their business. The cases upon reference were heard together by a master, who made a report to which no exceptions were taken and which has been confirmed. The report was heard by a judge of the Superior court, who entered a final decree in favor of the plaintiffs. From that decree the defendants appealed, and the cases are before this court on the question whether upon the facts found by the master the decree is justified by the bill and record. French v. Peters, 177 Mass. 568, 59 N. E. 449;Gordon v. Borans, 222 Mass. 166, 109 N. E. 950.

Taken from the master's report, succinctly stated the facts and events which preceded the day when there was a strike or discharge of the employees are in substance as follows: The plaintiffs are manufacturers using as a part of their raw material by-products of the leather industry. The defendant local No. 10 was organized in the early summer of 1919 among the employees of the two plaintiff corporations and the employees of two glue factories. After the organization a demand was made upon the plaintiffs for forty-eight hours labor per week instead of fifty-five hours without reduction of the weekly wage. This demand was granted, beginning July 13, 1919. Soon a demand was made by the union for fifteen per cent. increase in wages. After a strike of two weeks in July and August, this demand was compromised. The organization of the employees did not involve a closed shop in either factory, and no formal demand was made for a closed shop. The rate of wages was 50 cents per hour. January 12, 1920, a written demand by registered letter was made in behalf of local No. 10 upon each plaintiff for an increase of fifteen per cent. in wages. This letter was answered by neither of the plaintiffs. A similar demand was made on each of the two glue factory corporations, and settlements with these corporations were reached. Following that settlement, on January 30, 1920, the union wrote a letter to each plaintiff seeking an appointment of a time and place to confer on the request for an advance in wages contained in its letter of January 12. No reply to this letter was sent by either plaintiff. On Wednesday evening February 18, 1920, local No. 10 held a special meeting to discuss matters concerning an increase in wages in both the Tanners Products Company and the Densten Hair Company. The record of the meeting is as follows:

‘A motion was made that a vote be taken to strike, or else they consider the terms Mr. Densten made of less than 5% increase. The motion was seconded that a strike vote be taken. Motion carried. An Australian ballot was cast and a strike voted on by a majority of 146 to 3. Strike to be sanctioned by Friday noontime. Notice to go out to be given employees by business agent or general organizer on Friday. Meeting adjourned at nine o'clock.’

The action of the local board was sanctioned by the national executive board on February 19, 1920, and notice thereof was immediately given the employees of the...