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CONSOLO v. CLEVELAND

No. 2003-0230.

103 Ohio St.3d 362 (2004)

2004-Ohio-5389

CONSOLO ET AL., APPELLEES, v. CITY OF CLEVELAND ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 20, 2004.

Attorney(s) appearing for the Case

Persky, Shapiro & Arnoff Co., L.P.A., Steward D. Roll, Patricia M. Ritzert and Paul R. Rosenberger, for appellees.

Sobodh Chandra, Director of Law, Jose M. Gonzalez and William A. Sweeney, Assistant Directors of Law, for appellant city of Cleveland.

Wuliger, Fadel & Beyer, William Fadel, and Joan E. Pettinelli, Cleveland, for appellant International Union of Operating Engineers, Local 18.

O'CONNOR, J.

{¶ 1} Appellees, including Santo Consolo, work as construction-equipment operators and master mechanics for appellant city of Cleveland. Thirty-eight of the 40 appellees are or were dues-paying members of appellant International Union of Operating Engineers, Local 18 ("Local 18"). On October 30, 2001, appellees filed a complaint in common pleas court seeking a declaratory judgment, a writ of mandamus, and a money judgment against appellants...

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