805 N.E.2d 1153 (Ohio 2003), 03-CVF-010, Internatl. Bhd. of Electrical Workers Local Union 573 v. Smith

Docket Nº:03-CVF-010.
Citation:805 N.E.2d 1153, 127 Ohio Misc.2d 77, 2003-Ohio-7364
Opinion Judge:RONALD J. RICE, Judge.
Party Name:INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 573 v. SMITH et al. [*]
Attorney:Green, Haines & Sgambati, Patrick P. Cunning and Dennis Haines, Youngstown, for plaintiff. Green, Haines & Sgambati, Patrick P. Cunning and Dennis Haines, for plaintiff. James A. O'Brien, for defendants.
Case Date:October 27, 2003
Court:County Court of Ohio
 
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Page 1153

805 N.E.2d 1153 (Ohio 2003)

127 Ohio Misc.2d 77, 2003-Ohio-7364

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 573

v.

SMITH et al. *

No. 03-CVF-010.

Trumbull County Court of Ohio, Eastern District, Brookfield.

October 27, 2003.

Page 1154

[127 Ohio Misc.2d 78] Green, Haines & Sgambati, Patrick P. Cunning and Dennis Haines, Youngstown, for plaintiff.

James A. O'Brien, Brookfield, for defendants.

RONALD J. RICE, Judge.

{¶ 1} This matter came before the court for a trial on the merits on all claims of the plaintiff against the defendants. Case No. 03-CVF-10 was consolidated into this action, with the consent of all parties, since all the claims involved the same parties, facts, and issues. Both parties were present in open court, and extensive written evidence and oral testimony were presented.

[127 Ohio Misc.2d 79] {¶ 2} The defendants submitted a separate trial brief. The plaintiff relied upon the law cited in its memorandum as set forth in its motion to strike, which was heard by the court prior to trial.

{¶ 3} Based upon the evidence presented, the credibility of the witnesses, and the arguments of law as filed by the parties, the court makes the following findings of facts and conclusions of law:

{¶ 4} That both defendants, Jerrod Smith and Greg D. Jennings, are members

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of the International Brotherhood Electrical Workers Local Union 712, hereinafter referred to as Local 712, located in Mercer County, Pennsylvania. Both defendants are residential wireman who work primarily for Penn-Ohio Electrical Contractors, Inc., hereinafter referred to as "Penn-Ohio," located in Masury, Ohio. When the defendants work in Trumbull County, Ohio, they are bounded by the rules and regulations of their sister organization, the plaintiff, International Brotherhood of Electrical Workers Local Union 573, hereinafter referred to as "Local 573."

{¶ 5} There is no dispute that when the defendants work in Trumbull County, Ohio, they are bound by the rules and regulations of Local 573. There is also no dispute that the defendants may not perform commercial electrical work. On or about Tuesday, August 13, 2002, a member of Local 573 saw both defendants at the Mr. D's grocery store located in Brookfield, Trumbull County, Ohio. Both defendants were on or near a boom truck owned by their employer Penn-Ohio. Thereafter, a member of...

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