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

> Ohio Court of Appeals · December 6, 1993 · 91 Ohio App. 3d 840

URL: https://www.frixlaw.com/law-library/cases/3758428

## Case

- **Full name:** MOSLER, INC., Appellee, v. UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL 1862; RYAN, Appellant
- **Court:** Ohio Court of Appeals
- **Decided:** December 6, 1993
- **Citations:** 91 Ohio App. 3d 840; 633 N.E.2d 1193; 1993 Ohio App. LEXIS 5837
- **Precedential status:** Published
- **Opinion:** Dissent by Jones
- **Judges:** Koehler, Walsh, Jones
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3758428

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3758428. Public record. Not legal advice.