3 Conn. Cir. Ct. 524 | Conn. App. Ct. | 1965
The defendant was convicted on a charge of trespassing in violation of § 53-103 of the General Statutes
The defendant’s first three assignments of error relate to the trial court’s failure to find certain facts set forth in paragraphs appearing in the defendant’s draft finding. Under our procedure, no draft finding is required in a court case; such
The defendant has assigned no grounds of error in his motion to correct the finding. Practice Book §§ 622, 981; Maltbie, Conn. App. Proc. § 173; see Practice Book, Form No. 819. Such a deviation from our rules would justify a refusal to consider further each of his assignments of error. Siller v. Philip, 107 Conn. 612, 616. We have, however, examined each in order that no injustice result to the defendant. O’Keefe v. Bassett, 132 Conn. 659, 660. He first contends that the court failed to find certain facts relating to his activities while he was in the personnel manager’s office and in the production area. This contention merits little consideration, since these facts are substantially embodied in the finding. He further contends that the court erred in failing to find that he stated to an official of Robertson that he had a right to remain in the production area “since under the national and state labor laws and under the labor contract he had a right to be there.” There is no evidence that the defendant made such a statement. He further assigns error in the court’s finding of certain facts, presumably because they were found without evidence. On this point, the court found that the discussions to be held for the purpose of ascertaining whether there was a grievance were preliminary in nature, and further that the defendant, without permission from any company employee, proceeded to the production area. There was adequate evidence to support the court’s finding in this respect.
The following facts were found: On March 22, 1965, the defendant was a union representative of International Union of District 50, United Mine Workers of America, Local 14977. This local had entered into a contract with the Robertson Paper Box Company of Montville on behalf of certain employees of the company. The contract covered labor-management relations and was in effect on the day in question. It was the defendant’s duty to see to it that the employees obtained their rights under the contract. On the day in question, the defendant arranged with O’Neill, personnel manager of Robertson, to confer with Burdick, a shop steward, in the personnel office. At this meeting the defendant learned that company representatives were in the process of conducting a discussion with certain employees concerning union activities. A preliminary discussion was to be held in an office located in the production area. Without permission, the defendant left the personnel office and proceeded to the production area. Arriving there, he was told that the employees would be represented by Dolzenehuk, the union president. The defendant was then told to leave by Lockwood, a company foreman, and later by O’Neill. The defendant refused to leave, asserting he had a right to be present in the absence of Dolzenehuk. Dolzenehuk was late for work and arrived some twenty minutes later, at which time the defendant left the production area.
The court reached the following conclusions: (1) The contract did not give the defendant the right to remain in the production area. (2) The defendant did not obtain such a right by virtue of § 31-105 (7) of the General Statutes. (3) The defendant did remain in the production area “without right” in violation of § 53-103 of the General Statutes.
The defendant also claims that his right to be in the production area was lawful under the provisions of § 31-105 (7) of the General Statutes. The court concluded otherwise. The provision in question provides that it shall be an unfair labor practice for an employer “to refuse to discuss grievances with representatives of employees . . . .” There is no finding, and the defendant makes no claim, that the employer refused to discuss a grievance with the duly designated or selected representative of the employees. See General Statutes § 31-106, defining designated or selected representatives. The defendant gains little under this assignment of error.
The defendant further contends that the trial court was without jurisdiction for the reason that Robertson was engaged in interstate commerce, which appears to be conceded, and that under federal labor laws the federal government has exclusive jurisdiction in these matters. This question does not appear to have been properly raised on the record before us either by assignment of error or claims of law. The issue, however, was argued and briefed by the parties and was considered at some length by the trial court in its memorandum of decision. In support of his contention the defendant cites several cases, such as San Diego Building Trades Council v. Garmon, 359 U.S. 236, Sullivan v.
Finally, the defendant contends that the trial court erred in concluding that upon all the evidence he was guilty beyond a reasonable doubt. In this respect it should be noted that no such claim appears in his assignment of errors, as is required by our rules. Practice Book §§ 989 (6), 990, & Form No. 819 (B) (8).
Specifically, the defendant contends that the words “without right” appearing in § 53-103 of the General Statutes must be equated with knowledge that the defendant intentionally committed the act the commission of which resulted in a violation of the law. In this respect he argues that if he believed he had a lawful right to be where he was such belief negates guilt, that is, an honest mistake of law excuses him from the consequences of his act. It is not claimed that the defendant did not intentionally commit the act. He was requested to leave, and he chose to remain on the ground that he had the lawful right to do so. We first consider the question of the defendant’s belief that his act was not of an unlawful nature. “It is a rule which is deep in our law, that ignorance of the law or mistake as to its meaning is no excuse and is not ordinarily a defense to a criminal prosecution.” 22 C.J.S. 183, Criminal Law, § 48. This rule applies whether the offense is malum prohibitum or malum in se. Blumenthal v. United States, 88 F.2d 522. “If a man intentionally adopts certain conduct
We have examined the entire record and are satisfied that the trial court’s conclusions were conclusions which could be reached legally and logically
There is no error.
In this opinion Kosicki and Jacobs, Js., concurred.
“Sec. 53-103. trespass. Any person wbo, without right, enters or remains upon the premises of another after having been forbidden to do so by the owner of such premises or his authorized agent, either directly or by clear and legible signs posted thereon, shall be fined not more than fifty dollars.”
“Art. 14, adjustment ok GRIEVANCE Section 1: Should any grievance or dispute arise between the Company and the Union or any of the Company’s employees included within this Agreement, as to the meaning, application or compliance with the provisions of this Agreement, there shall be no suspension of work on account of such grievance or dispute, but a sincere and earnest effort shall be made to settle such differences in the following manner within the designated time periods not including Saturday, Sunday or a holiday. Step 1: Between the aggrieved employee, accompanied by his department steward if he so desires, and his foreman. If they are unable to satisfactorily adjust the matter within 3 days it shall be referred in writing to Step 2 within 3 additional days.”