Armco, Inc. v. United Steel Wkrs., Am., Unpublished Decision (12-22-2000)
Armco, Inc. v. United Steel Wkrs., Am., Unpublished Decision (12-22-2000)
Opinion of the Court
OPINION
Defendant-appellant Michael Zielinski appeals the June 6, 2000 Judgment Entry of the Richland County Court of Common Pleas which found him in contempt of court and ordered him to pay $250 to plaintiff-appellee ARMCO, Inc. (hereinafter "ARMCO").1. Defendants shall not interfere with, hinder, threaten, or intimidate in any manner whatsoever, the officers, agents, employees, representatives, prospective employees, customers and business associates of the other, and other persons having business with them, provided, however, Defendants are permitted to picket in accordance with the restrictions of paragraph number 8 of this Agreed Preliminary Injunction;
11. Defendants shall not commit any acts and/or threats of violence or harassment toward either the persons or property of any officers, agents employees, prospective employees, customers, or other persons desiring to do business with Plaintiff; likewise, Plaintiff and its agents shall not commit any acts and/or threats of violence or harassment toward Defendants;
13. Defendants shall not molest or threaten nor shall they follow or trail in any unlawful manner of for any unlawful purpose, any of Plaintiff's carriers, suppliers or others doing business with Plaintiff;
19. Plaintiff and Defendant shall not protect, aid, abet or assist anyone in the commission of the acts hereinbefore stated.
On May 1 and 5, 2000, the trial court held hearings on appellee's tenth motion to show cause against Ray Delarwelle. Apparently, information elicited at that hearing indicated appellant had also violated the September 28, 1999 agreed preliminary injunction. On May 11, 2000, appellee filed its eleventh motion to show cause alleging appellant, along with other individuals, had violated the agreed preliminary injunction. As a result, the trial court set an oral hearing on appellee's eleventh motion to show cause for June 5, 2000. At the hearing, the parties stipulated portions of the testimony from the tenth motion to show cause hearing should be admitted as evidence. Accordingly, the trial court admitted the previous testimony of Thomas Pokusa, Steven Bamberger, and Raymond Delarwelle. Appellee presented ten additional witnesses in support of its case. Appellant, and the other alleged contemnors, presented the testimony of one witness. The following evidence was adduced. On April 14, 2000, a group of seven or eight members and/or supporters of the United Steel Workers traveled in a van owned by Ray Delarwelle to the corporate offices of ARMCO's security force, SecurCorp, located in Woodbridge, Virginia. SecurCorp has provided security services to ARMCO at its Mansfield, Ohio steel mill since July, 1999. At approximately 3:25 p.m., Thomas Pokusa, President of SecurCorp, was working at SecurCorp's corporate office when he heard individuals shouting in the reception area. Mr. Pokusa went into the hallway and was confronted with appellant and several other individuals. The group was yelling, holding signs, and filming the event with video cameras. Appellant repeatedly yelled the phrases: "Get out of Mansfield," "Fucking goons," "Jack booted thugs, get out of Mansfield" into the megaphone while inside SecurCorp's facility. Mr. Pokusa asked the group to leave. At the June 5, 2000 hearing, Sandy Luby, ARMCO's Human Resources Manager, identified appellant on a videotape of the incident as the individual yelling into Mr. Pokusa's ear with a megaphone. Appellant, and other individuals identified on the video tape, testified on cross-examination. However, no evidence was elicited because each witness in the group asserted his fifth amendment privilege against self-incrimination in response to every question posed. After the hearing, and review of the stipulated testimony from the May 1, 2000 hearing, the trial court concluded by clear and convincing evidence appellant was in civil contempt. In its June 6, 2000 Judgement Entry, the trial court specifically found appellant had violated paragraphs 1, 11, 13 and 19 of the agreed preliminary injunction. It is from this judgment entry appellant prosecutes his appeal, assigning the following as error:
I. THE TRIAL COURT ERRED IN FINDING THE APPELLANT IN CONTEMPT OF THE COURT'S AGREED PRELIMINARY INJUNCTION AS THE ACTS FOUND TO BE IN CONTEMPT WERE BEYOND THE SCOPE OF THE INJUNCTION.
II. THE TRIAL COURT ABUSED ITS DISCRETION IN ORDERING APPELLANT MICHAEL ZIELINSKI TO PAY $250.00 TO ARMCO, INC. THE FINE IS NOT SUPPORTED BY THE EVIDENCE OF RECORD, AND THAT ORDER VIOLATES CONTROLLING LEGAL AUTHORITY.
Appellant's contempt herein lay in the fact (the contemptuous act), not in the place. Accordingly, this portion of appellant's first assignment of error is overruled. Ambiguity of the Concept "Business Associates" Appellant maintains the agreed preliminary injunction was ambiguous with regard to the definition of "business associates." The agreed preliminary injunction restrained appellant from interfering with "business associates" of ARMCO. Because "business associate" was not specifically defined, appellant maintains this term could be easily be interpreted as "partner, colleague, or to join together for some special purpose." We disagree. We agree with appellee, this argument begs the question, "Why did appellant protest at the SecurCorp office about the labor dispute at issue in the injunction if he did not know SecurCorp was a business associate of ARMCO?" Notwithstanding the fact ARMCO did not directly contract with SecurCorp, there was ample evidence of a business association. SecurCorp provided security guards to ARMCO and said guards had been working at the Mansfield facility for nearly a year. The fact appellant knew of this association is bolstered by the comments he yelled through the megaphone, supra. This portion of appellant's first assignment of error is overruled. Appellant's first assignment of error is overruled.
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Id. at 206, citations omitted. (Emphasis added).
In the matter sub judice, the trial court heard evidence relative to events surrounding the arrival of a group of seven or eight individuals at SecurCorp headquarters in Woodbridge, Virginia. Appellant and others entered the offices of SecurCorp, without invitation, equipped with a bullhorn, protest signs and video cameras. Appellant refused to leave when asked to do so, and further began screaming obscenities into the megaphone. This was the eleventh motion for contempt filed by ARMCO. We find the fine imposed was designed to coerce appellant to comply, in the future, with the agreed preliminary injunction. Under these circumstances, we find no abuse of discretion in the trial court's decision to award damages in the amount of $250.00 to ARMCO. Appellant's second assignment of error is overruled.
The June 6, 2000 Judgment Entry of the Richland County Court of Common Pleas is affirmed.
By: Hoffman, P.J. Edwards, J. and Milligan, V.J. concur.
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