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SHEET METAL WORKERS LOCAL UNION NO. 33 v. SUTTON

No. 2011CA00262.

2012 Ohio 3549

SHEET METAL WORKERS LOCAL UNION NO. 33, Plaintiff-Appellee, v. THOMAS F. SUTTON, JR., ET AL., Defendants-Appellants.

Court of Appeals of Ohio, Fifth District, Stark County.

August 6, 2012.

Attorney(s) appearing for the Case

AMY L. ZAWACKI , 2222 Centennial Road, Toledo, OH 43617, for Plaintiff-Appellee.

ROBERT J. TSCHOLL , JENNIFER L. ARNOLD , 400 South Main Street, North Canton, OH 44720, for Defendants-Appellants.

Patricia A. Delaney, P.J., William B. Hoffman, J. and Sheila G. Farmer, J.

OPINION

FARMER, J.

{¶ 1} Appellants, Thomas Sutton, Jr., Jerry Anderson, Randy Brewer, Craig Howell, and Joel Jagger, were employees of Kiko Heating & A/C and were members of a union, Sheet Metal Workers Local Union No. 33, appellee herein. Appellant Sutton was the union steward.

{¶ 2} On June 23, 2009, because Kiko was behind in making fringe benefit payments to appellee, appellee pulled appellants from working...

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