LABOR LAW -- INJUNCTIONS -- PERMISSIBLE OBJECTS OF STRIKES -- PREVENTION OF USE OF LABOR-SAVING DEVICES

Authors

Reed T. Phalan, University of Michigan Law School

Abstract

Plaintiff, a travelling grand opera troupe, used recordings for orchestral accompaniment. The American Federation of Musicians opposed use of mechanically reproduced music wherever orchestras could be hired, and, in support of such opposition, the stagehands' union forbade its members to work for plaintiff. As a result, since most of the theaters throughout the country were "closed shop" theaters, plaintiff's business was greatly restricted: Plaintiff brought an action for an injunction against the musician's union and the stagehands' union, and the lower court granted the injunction. Held, in a three-two decision, the stagehands' union had sufficient direct interest to act sympathetically, and, since the use of mechanically reproduced music deprived members of the musicians' union of employment, suppression of the use of reproductions was a proper object of a strike.Opera on Tour v. Weber, 258 App. Div. 516, 17 N. Y. S. (2d) 144 (1940).

Recommended Citation

Reed T. Phalan, LABOR LAW -- INJUNCTIONS -- PERMISSIBLE OBJECTS OF STRIKES -- PREVENTION OF USE OF LABOR-SAVING DEVICES, 39 Mich. L. Rev. 665 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss4/21