National Assn of Glass Mfrs. v. United States, 263 U.S. 403 (1923)

National Assn of Window Glass Manufacturers v. United States


No. 353


Argued November 22, 23, 1923
Decided December 10, 1923
263 U.S. 403

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF OHIO

Syllabus

1. Whether an agreement, between all the manufacturers of a commodity and a union representing all the labor obtainable for its manufacture violates the Sherman Law when it concerns only the way in which the labor shall be employed in production, and not sales or distribution, depends upon the particular facts. P. 411.

2. The manufacturers of hand-blown window glass -- an article costing twice as much to produce, but sold at the same price, as window glass made with the aid of machines, the price of the latter necessarily fixing the price of the former -- finding the supply of workmen in their industry insufficient to run their factories continuously during the working season, and being unable to run undermanned without serious loss, made an arrangement with the workmen, through their union, whereby, in effect, all the available labor was apportioned to part of the factories for part of the season and to the others for the remainder, so that all the workmen were secured the advantage of continuous employment through all the season and each factory secured its share of labor for one period and closed down during the other. Held not a combination in unreasonable restraint of trade, assuming that it might affect interstate commerce. P. 412.

287 F. 228 reversed.

Appeal from a decree of the district court which enjoined a combination of the appellants at the suit of the United States under the Sherman Law.