Hugo Black

“ As the vendor system made increasing inroads on the business of the union dairies, the opposition of the defendant union became more active. Its members insisted that the vendor system constituted unfair competition, depressing labor standards. To combat it, they attempted-as the District Court found from the facts-to unionize the employees and vendors of the dairies utilizing this plan. ”

“ Under this system, plaintiff dairies make daily sales of milk to individuals owning their own trucks. These individuals, called 'vendors', resell the milk to retail stores. Unsold milk is no loss to the 'vendor', because the dairy takes it back at the full purchase price.
With the spread of this new competitive system, the business of the dairies employing union milk wagon drivers decreased. Many of the union drivers lost their jobs and were dependent upon their union's relief funds and upon public relief agencies for their support. ”

“ Truck drivers employed by dairies were eligible for membership in the defendant union, and plaintiffs' evidence showed that the 'vendors' were actually regarded as employees of the plaintiff dairies. The plaintiffs offered as a part of their evidence the articles of agreement between the plaintiff union and the plaintiff dairies; each of those contracts contains the following provision: 'The term 'employee', as used in this Agreement shall mean all wholesale and retail route salesmen or drivers and their helpers and assistants; and milk distributors commonly referred to as 'Vendors' ”

“ A brief statement as to the background of the controversy is necessary for a better understanding of the issues. The Chicago local of the A.F. of L. Milk Wagon Drivers' Union was organized in 1902. Since the organization, working conditions of the members have been materially improved; hours have been shortened, wages have been raised, and vacation periods with full pay have been secured. These better terms and conditions of employment have moved concurrently with a more or less steady increase in union membership and influence. ”

“ Not succeeding in this attempt, in 1934 they began picketing the so- called cut-rate stores. The picketing was carried on almost continuously until this suit was filed. Pickets usually carried placards denouncing cut-rate stores as unfair to the A.F. of L. local. ”

“ Meadowmoor Dairies, Inc. v. Milk Wagon Drivers' Union of Chicago No. 753, 371 Ill. 377, 21 N.E.2d 308.' 108 F.2d at page 442.↑ New Negro Alliance v. Sanitary Grocery Co., 303 U.S. 552, 562, 58 S.Ct. 703, 707, 82 L.Ed. 1012.↑ H. Rep. No. 669, 72nd Cong., 1st Sess., p. 8.↑ S. Rep. No. 163, 72nd Cong., 1st Sess., p. 8.↑ H. Rep. No. ”