For the appellant, Heller & Laiks (Aaron Heller and Paul DeHagara).
For the appellee, Rothbard, Harris & Oxfeld (Samuel L. Rothbard, Emil Oxfeld and Abraham L. Friedman).
Before Justices Bodine and Jacobs.
The opinion of the court was delivered by
BODINE, J. This is a labor dispute. The employer operates a hosiery mill. The appellee was a union of employees working therein. The industry is highly organized. The large manufacturers are associated in a non-profit organization organized under the laws of the State of New York. Appellant,
a small manufacturing concern, does not belong to the Manufacturers Association. The union negotiates with the association as to terms and conditions of employment.
The non-associated employers and the union entered into similar agreements in substance to those current and embodied in the National Union Labor Agreement but with necessary changes. The word "employer" is used instead of "member." Where it is desirable to alter the substance of the non-association contract the same is done by supplemental agreement.
In June of 1945, there was a strike in appellant's plant. To settle the strike, appellant and the union entered into a contract. This contract was the non-association version of 1943 National Union Labor Agreement. Before the contract was signed the date was changed to the 26th day of June, 1945. This was initialized by both parties. At the same time, a supplemental contract was executed. The supplemental contract provided, in part, as follows:
"5. Any amendment which may be made to the National Union Labor Agreement which is deemed more beneficial to the employee under said Agreement, the said Union shall have the right to make a demand upon the employer for such amendment. Should any disagreement arise over such demand, the provisions of said Articles of Agreement, E-2, E-3, E-4, as modified herein may be invoked."
On September 28th, 1945, effective as of September 1st, 1945, the union and the Manufacturers Association agreed upon amendments and the terms and condition of the employment in the association's factories. These changes were embodied in revised terms in the 1945 National Union Labor Agreement. The appellant refused to grant its employees the advantages of the changes. The dispute, pursuant to contract, was taken to arbitration and the arbitrator's award was in favor of the union. Neither the appellant nor the ...