WHEELING PARK COM'N v. HOTEL UNION

No. 23448.

479 S.E.2d 876 (1996)

198 W.Va. 215

WHEELING PARK COMMISSION, Plaintiff Below, Appellee, v. HOTEL AND RESTAURANT EMPLOYEES, INTERNATIONAL UNION, AFL-CIO ("International"), an Unincorporated Labor Organization; Hotel Employees and Restaurant Employees Local 57, AFL-CIO ("Local 57"), an Unincorporated Labor Organization; Louis Sanfilippo, Arthur Tatangelo, Nancy Ross, Edward Nassan, George Ross, Darrel Brown, John Davis, Tyrone Martin, Irma Martin, Daryn Sipes, Jessie Case, Matt Arnold and Various John Does, All Being Officers and Members of the International and Local 57, Individually and as Representatives of the Class of All Other Unknown Persons who are Officers, Members or Otherwise Acting on Behalf of the International and Local 57, Who are Participating in Certain Concerted Activities and Unlawful and Disruptive Conduct at Oglebay Park, on Behalf of Themselves and All Other Persons Participating in Said Activities, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided November 18, 1996.


Attorney(s) appearing for the Case

Patrick S. Cassidy, Timothy F. Cogan, Wray V. Voegelin, Cassidy, Myers, Cogan, Voegelin & Tennant, L.C., Wheeling, for Appellants.

William A. Kolibash, Phillips, Gardill, Kaiser & Altmeyer, Wheeling, Thomas A. Smock, Sally Griffith Cimini, Polito & Smock, P.C., Pittsburgh, PA, for Appellees.


McHUGH, Chief Justice:

The Hotel and Restaurant Employees International Union, AFL-CIO-CLC (hereinafter "HERE")1 appeals the December 8, 1995 order of the Circuit Court of Ohio County which granted a preliminary injunction restricting HERE's union organizing activities at Oglebay Park in Wheeling. The appellee is the Wheeling Park Commission. For reasons explained below, we

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