Ohio Contractors Ass'n v. Local 894 of Intern. Hod Carriers', Bldg. and C. L. Union of America

• Decision Date: 08 April 1959
• Citation: 108 Ohio App. 395,162 N.E.2d 155
• Parties: , 9 O.O.2d 369 OHIO CONTRACTORS ASS'N, Appellee, v. LOCAL 894 OF INT. HOD CARRIERS', BLDG. & C. L. UNION OF AMERICA et al., Appellants.
• Court: Ohio Court of Appeals

Page 395

108 Ohio App. 395

162 N.E.2d 155, 9 O.O.2d 369

OHIO CONTRACTORS ASS'N, Appellee, v. LOCAL 894 OF INT. HOD CARRIERS', BLDG. & C. L. UNION OF AMERICA et al., Appellants.

Court of Appeals of Ohio, Medina County.

April 8, 1959.

Syllabus by the Court.

1. The Court of Common Pleas, a court of general jurisdiction, with full equity powers, has the power to issue a temporary injunction, upon pleadings invoking its action, and duly served upon parties within its jurisdiction; and such temporary injunction must be obeyed by parties duly served with notice thereof, until, upon final hearing, the court determines that it has no jurisdiction of the subject matter of the action, or makes other disposition of the case.

2. The question of jurisdiction of the subject matter of an action may not be properly raised in the Court of Appeals by an appellant in an appeal from a contempt conviction arising from the violation of a temporary injunction duly issued by the Court of Comon Pleas, because such temporary injunction is not a final order or judgment. Montgomery Bldg. & Construction Trades Council v. Ledbetter Erection Co., Inc., 344 U.S. 178, 73 S.Ct. 196, 97 L.Ed. 204.

Harold L. Williams, Medina, and Baker, Hostetler & Patterson, Cleveland, for appellee.

Robert E. Shuff, Akron, for appellants.

STEVENS, Judge.

On May 7, 1958, plaintiff filed its petition against defendants in the Court of Common Pleas of Medina County, wherein it was alleged:

That plaintiff was a corporation not for profit, whose membership consisted of contractors engaged in heavy and highway construction; that plaintiff was one of its members; that the Laborers' District Council of Ohio was a subordinate of International Hod Carriers', Building & Common Laborers Union of America; that, in accordance with the constitution of said parent organization, all of the local unions within the jurisdiction of a district council were required to affiliate therewith, and that said district council should have jurisdiction, supervision and control over all matters relating to agreements within its territorial jurisdiction; and that defendant Local 894 was one of the local unions within the jurisdiction of said district council.

That plaintiff entered into a labor agreement in writing on behalf of its members with the Laborers' District Council, including Local 894, on May 1, 1957, which was in effect when plaintiff's petition was filed. That one of the provisions of said agreement was that, should differences of any kind arise between any contractor and the union or employees thereof, there would be no lockouts or work stoppages on any work, and all grievances or complaints which the parties were unable to resolve should be disposed of according to the procedures set forth in Article X of said agreement. That Article X provided for the creation of a Joint Disputes Board, consisting of three members designated by the District Council, and three members designated by the Labor Relations Division, and if such board was unable to settle the question, it should be referred to binding arbitration.

That the defendants had breached said contract on May 1, 1958, by picketing and bannering the projects being operated by one of the members of plaintiff--viz., Central States Construction Company--and that this breach of contract had caused, and was causing, irreparable injury and damage to plaintiff, and its members.

Plaintiff then prayed for a temporary restraining order, restraining the defendants and each of them from picketing, bannering, or otherwise interfering with the employees of plaintiff's member, Central States Construction Company, or from in any manner coercing or intimidating employees of plaintiff's said member into leaving the work on said projects, or refusing to work thereon. Plaintiff further prayed for a temporary injunction, after hearing, during the pendency of this action, and for a permanent injunction after final hearing.

On May 7, 1958, the Court of Common Pleas issued a temporary restraining order as prayed for in plaintiff's petition, and directed plaintiff to furnish bond, as provided by law, in the sum of $1,000. Such bond was forthwith furnished by plaintiff, and a journal entry, restraining the defendants from picketing or otherwise interfering in any was with plaintiff's members' employees or with the progress of the work on projects No. 197 and 598 of the Department of Highways of the state of Ohio, was filed.

Said journal entry fixed Monday, May 19, 1958, at 10 o'clock a. m. e. s. t., as the time for hearing on the temporary injunction.

Certified copies of the petition and the temporary retraining order were issued, for service, to the sheriffs of Medina and Summit Counties, and by them served on all defendants, the Medina County service being made on May 8, 1958, and the Summit County service on May 10, 1958.

Returns showing such service were duly made by the respective sheriffs.

On June 10, 1958, a supplemental petition was filed by plaintiff, wherein was set forth a one-year renewal of the identical (except as to dates) contract pleaded in the original petition.

The motion for a temporary injunction was heard by the court on June 10, 1958, all defendants being in court and represented by counsel.

On June 17, 1958, defendants filed a petition for removal of said cause to the United States District Court for the Northern District of Ohio, Eastern Division, which, on July 23, 1958, was denied by the District Court, and the case remanded to the Common Pleas Court of Medina County.

On July 10, 1958, plaintiff filed a motion in the Court of Common Pleas, asserting that other persons, at the instance and direction of defendants, were bannering and picketing the job of Central States Construction Company, in Medina County; that such conduct constituted a violation of the temporary restraining order, and the temporary injunction theretofore issued, and asked that process be issued to bring defendants before the Court of Common Pleas, there to show cause why they should not be punished for contempt for violation of the court's orders.

Process was issued and served upon defendants, who were ordered to appear on July 14, 1958, at 9:30 a. m., to show cause why they should not be punished for contempt for failure to obey the orders of the court theretofore made.

Upon hearing, the court, by journal entry filed with the clerk of courts on September 11, 1958, found all of the defendants guilty of contempt of court as charged, and fined each of the four defendants $200, $175 of which was suspended upon condition that, and so long as, said defendants comply with the order of the court.

This appeal on questions of law challenges the propriety of the above judgment of the Court of Common Pleas of Medina County, entered on September 11, 1958.

The gravamen of appellants' complaint is, that the trial court was entirely without jurisdiction or power to entertain the instant action, or to enter any order or judgment therein, because, under the Labor Management Relations Act, 1947, as amended, Section 141 et seq., Title 29 U.S.C.A., the federal government has pre-empted the field of interstate labor-management relations, and confided jurisdiction in such matters exclusively to the National Labor Relations Board; that, by reason thereof, the judgment complained of is null and void.

Section 2727.02, Revised Code, provides:

'A temporary order may be granted restraining an act when it appears by the petition that the plaintiff is entitled to the relief demanded, and such relief, or any part of it, consists in restraining the commission or continuance of such act, the commission or continuance of which, during the litigation, would produce great or irreparable injury to the plaintiff, or when, during...