Opinion
12-30-1938
HEYL v. CULINARY ALLIANCE, LOCAL 611, et al.
Ross R. Beck, of Asbury Park, for complainant. Parsonnet & Oberwager, of Newark, for defendants.
Syllabus by the Court.
It is unlawful for the members of a labor union to picket an employer's place of business to induce him to sign a closed shop contract where there is no strike, or where a strike has been ended by the employment of new employees to take the places of all former employees who have gone on strike. Such picketing will be restrained.
Suit by Lilie F. Heyl, individually and trading as the Asbury Diner, against the Culinary Alliance, Local 611, affiliated with the American Federation of Labor, and others, to restrain defendants from picketing the complainant's place of business.
Order advised granting injunction.
Order reversed in 126 N.J.Eq. 320, 8 A. 2d 809.
Ross R. Beck, of Asbury Park, for complainant.
Parsonnet & Oberwager, of Newark, for defendants.
BERRY, Vice Chancellor.
These conclusions are written for the purpose of an appeal. They are in substance the same as contained in a letter written to counsel advising them of my decision.
This matter comes before me on the return of an order to show cause why the defendants should not be enjoined from certain strike activities including picketing the complainant's place of business.
There would seem to be only two questions involved in this controversy; first, is picketing to induce an employer to sign a closed shop contract lawful; and, second, is picketing lawful where there is no strike, the strike having ended by the employment of new employees to take the place of all the strikers, and the business being continued normally. The answer to both these questions is in the negative.
Some point is made by counsel for the defendants of an alleged controversy respecting wages, but the wages paid the striking employees were those agreed upon between employer and her employees. Not being bound by contract with the union the employer had a perfect right to negotiate individually with its employees, and the sought-for reduction in wages had not been effected when the strike was called. If authority for this conclusion is necessary I refer counsel to Feller v. Local No. 144,
121 N.J.Eq. 452, 191 A. 111; Wasilewski v. Bakers' Union Local No. 40, 118 N.J. Eq. 349, 179 A. 284; Jordan's Wearing Apparel v. Retail Salesclerk's Union, N.J, Ch., 193 A. 806, 807; International Ticket Company v. Wendrich, 122 N.J.Eq. 222, 193 A. 808, affirmed 123 N.J.Eq. 172, 196 A. 474; Canter Sample Furniture House v. Retail Furniture Employees' Local, 122 N.J.Eq. 575, 196 A. 210; Evening Times Printing & Publishing Company v. American Newspaper Guild, 124 N.J.Eq. 71, 199 A. 598; Mode Novelty Company v. Taylor,
122 N.J.Eq. 593, 195 A. 819. I will advise an order in accordance with my conclusions herein expressed.
Note: Now released for publication account of citation by Court of Errors, 126 N.J.Eq. 320, 8 A.2d 809.