Sheet Metal Workers Local Union No. 33 v. Sutton
2012 Ohio 3549
Ohio Ct. App.2012Background
- Appellants were Kiko Heating & A/C employees and members of Sheet Metal Workers Local Union No. 33; Sutton was the union steward.
- Union pulled appellants from Kiko on June 23, 2009 for fringe benefit payments being in arrears and they returned to work for non-bargained wages.
- On June 26, 2009, appellee filed charges under Article 17; appellants resigned from the union on June 30, 2009.
- A union trial was held September 12, 2009; appellants did not appear; committee fined Sutton $60,000 total and each of the other appellants $45,000 total.
- Membership accepted the committee’s decision at a regular meeting on September 15, 2009; appellants did not pursue internal appeals.
- Five actions were filed in 2009 to collect the fines; cases were consolidated and transferred to Stark County; summary judgment was granted October 22, 2010, upholding the fines as not arbitrary or unreasonable; on remand, Nov. 15, 2011, trial court found violations and set fines at Sutton $40,000 and each other appellant $30,000.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Smith factors were correctly applied to determine arbitrariness | Sutton | Sutton | Partial reversal; error in applying Smith factors |
Key Cases Cited
- International Brotherhood of Electrical Workers v. Smith, 76 Ohio App.3d 652 (1992) (set forth factors to determine arbitrariness and unreasonableness of fines)
- State v. Martin, 20 Ohio App.3d 172 (1983) (manifest weight standard for reviewing evidence in civil cases)