Opinion

Mosler, Inc. v. United Automobile, Aerospace & Agricultural Implement Workers of America, Local 1862

  • 91 Ohio App. 3d 840
  • 633 N.E.2d 1193
  • 1993 Ohio App. LEXIS 5837
Court
Ohio Court of Appeals
Filed
Dec 6, 1993
Status
Published
Author
Jones
On the bench
Koehler, Walsh, Jones
Cited by
11 cases
Authority
More cited than 43.4%

The opinion

Jones, Presiding Judge,

dissenting.

I find it patently offensive to find appellant had no expectation of punishment when he deliberately assaulted a fellow employee. It is true that the

union

would not necessarily be in contempt for an unauthorized act of one of its officers, but the trial court properly found Ryan was accountable for his own acts. It is indulging in fiction to suggest Ryan was not well aware that his conduct not only violated Ohio law but the order of the court as well. The opinion of the majority

*846

effectually denies the trial court the ability to enforce orders of the court. We should not grant our imprimatur to those who flagrantly violate an order designed to keep the peace during the turmoil of a strike, simply because the violator is a member of the striking union, and the Ohio Supreme Court has so held, recently, in

Midland Steel Prods. Co. v. U.A.W. Local 486

(1991), 61 Ohio St.3d 121 , 573 N.E.2d 98 .

Midland

is on point with similar facts. The trial court was correct, and I would affirm.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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