Fell v. Berry (124 A.D. 336, 1908)

Lattghlin, J.:

The plaintiff and the defendants are voluntary unincorporated associations. The action is brought to restrain a.strike by the members of the Hew York Printing Pressmen’s Union Ho. 51, Franklin Association Ho, 23, and the Job Press Feeders’ Union Ho. 1, which are subordinate unions of the defendant the International Printing Pressmen and Assistants’ Union of North America, which for brevity will be referred to as the International Union.

' The jurisdiction of a court of equity to enjoin a labor organization or its members from declaring a strike in violation of a contract and the propriety of exercising such jurisdiction, are not fairly presented by the record and, therefore, we refrain from expressing an opinion thereon. The plaintiff is not an employer of men. It is an association of local branch associations, called “ Local Typothetse” which do not employ men; but their members are master printers who employ pressmen. It has a local branch association in the city of New York, known as “The Typothetse of the City of New York,” which has upwards of fifty members engaged in the printing business in said city. ■ It appears that a strike is threatened by the defendants the local unions, against some of the members of the plaintiff’s local branch association in New York. The theory upon which the action is brought is not that the plaintiff will sustain any irreparable damage,, but that the members of its local branch association against whom the strike is threatened will sustain such damages, and the action is brought in their .behalf. The objects of the plaintiff, so far as material to the question presented, as shown by its constitution, are “ the mutual protection of its members against illegal or unjust interference with the enjoyments of their rights as citizens in the. conduct of their business. The securing of mutual advice, cc-operation and assistance in all matters affect-, ing trade conditions, either local or general. To secure and preserve equitable conditions in the workshops of our members, whereby the interests of both employer and employee shall be prop-, erly protected. The investigation and adjustment of any question arising between members and their employees which may be referred to and come within the jurisdiction of the association. The exchange of information and the cultivation of a community of interests and a fraternal spirit amongst its membership.” With respect to the powers of the plaintiff, its constitution provides as follows: “ It shall liáve power to legislate for its membership and determine all questions arising between' them or it and the trades unions or other employees, in regard to shop practice,. hours of labor, apprentices, and every other question except wages, which being governed by local conditions shall be regulated by the local . organizations. It shall have power-, to levy assessments for the Emergency Fund and make laws for its disbursement in the protection of its members, and shall be empowered to -enforce, its laws by fines imposed upon. its members' and by the withdrawal of their charters upon failure to comply with its laws as they may be from time to time enacted.-

“hTo general law shall be enacted except at a regular, annual convention, or at a special convention regularly called for the purpose, and by a vote of three-fourths of the delegates present, as provided in Article III, Section 2, the same having been reported upon favorably by the Executive Committee.”

These provisions doubtless authorized the plaintiff to legislate on the subjects specified for- its subordinate branches with respect to the conditions