Opera on Tour, Inc. v. Weber

Martin, P. J. (dissenting).

No labor dispute concerning wages, hours, health, safety, conditions of employment or rights of collective bargaining is involved in this action. The plaintiff’s opera company is a regular company in all respects, in that it carries a complete cast of singers, costumes and scenery. It also has a ballet and chorus. However, instead of using an orchestra, it uses recorded music which is produced by a specially-built recording machine. Plaintiff never employed musicians. They are not necessary in the plaintiff’s organization. It is contended that if it is compelled to…