Sheet Metal Workers' International Ass'n, Local Union No. 33 v. Gene's Refrigeration, Heating & Air Conditioning, Inc.

2009 Ohio 2747, 910 N.E.2d 444, 122 Ohio St. 3d 248
CourtOhio Supreme Court
DecidedJune 17, 2009
Docket2008-0780
StatusPublished
Cited by31 cases

This text of 2009 Ohio 2747 (Sheet Metal Workers' International Ass'n, Local Union No. 33 v. Gene's Refrigeration, Heating & Air Conditioning, Inc.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheet Metal Workers' International Ass'n, Local Union No. 33 v. Gene's Refrigeration, Heating & Air Conditioning, Inc., 2009 Ohio 2747, 910 N.E.2d 444, 122 Ohio St. 3d 248 (Ohio 2009).

Opinions

Lundberg Stratton, J.

{¶ 1} This case involves two legal issues interpreting Ohio’s prevailing-wage laws. First, we must determine whether a labor organization that obtains written authorization to represent one employee has standing as an “interested party” to pursue violations of prevailing-wage law on behalf of any other employee on the project. Second, we must determine whether shop employees who work off-site manufacturing materials to be used in or in connection with a public improvement project are entitled to prevailing-wage rates.

[249]*249{¶ 2} For the reasons that follow, we hold that a labor organization that is an “interested party” under R.C. 4115.03(F) may file a prevailing-wage complaint only on behalf of the employee who specifically authorized the action, and R.C. 4115.05 applies only to persons whose work is performed directly on the site of the public improvement project. Therefore, we reverse the judgment of the court of appeals and reinstate the trial court’s judgment.

I. Facts

{¶ 3} Sheet Metal Workers’ International Association, Local No. 33, appellee (“Local 33”), is a bona fide labor organization that negotiates with employers concerning wages, hours, terms, and conditions of employment. Gene’s Refrigeration, Heating & Air Conditioning, Inc., appellant (“Gene’s”), is a contractor as defined by Ohio Adm.Code 4101:9-4-02(H) that performs both field construction work and in-shop sheet-metal fabrication. Gene’s was awarded a contract for the construction of the Grainger Fire Station (“project”) located in Medina County, Ohio. The project was a public improvement within the meaning of Ohio’s prevailing-wage law, R.C. 4115.03 et seq.

{¶ 4} Local 33 filed a complaint against Gene’s for violations of the prevailing-wage law on the Grainger project. Local 33 was not the bargaining representative for Gene’s employees; however, it alleged that it had standing as an “interested party” under R.C. 4115.03(F)(3) based upon the written authorization of Elie Cherfan, an employee in Gene’s off-site fabrication shop. The complaint asserted multiple prevailing-wage violations by Gene’s that involved reporting, recordkeeping, notification, and wage requirements on the entire project.

{¶ 5} The parties filed cross-motions for summary judgment on two legal issues: whether Local 33 has standing to sue on behalf of anyone other than Elie Cherfan and whether the prevailing-wage law applies to employees who performed shop work off the project site. The trial court denied the motions.

{¶ 6} The parties filed a joint motion to reconsider and stipulated to the following facts. Gene’s performs both construction work on the site and sheet-metal fabrication of duct work in an off-site shop. Elie Cherfan was an employee of Gene’s in the off-site fabrication shop. Gene’s paid employees of its off-site fabrication shop, including Elie Cherfan, at regular nonprevailing-wage rates.

{¶ 7} Elie Cherfan gave written authorization to Local 33 to represent him for purposes of bringing a prevailing-wage complaint and enforcement action. In July 2005, Local 33 filed an administrative prevailing-wage complaint as an interested party pursuant to R.C. 4115.16(A) with the director of the Ohio Department of Commerce, asserting violations of Ohio’s prevailing-wage law. After more than 60 days had elapsed from the date of filing with no ruling by the director, Local 33 filed a complaint in the Court of Common Pleas of Medina [250]*250County as permitted by R.C. 4115.16(B) with similar allegations of prevailing-wage infractions.

{¶ 8} Upon reconsideration, a magistrate concluded that Elie Cherfan was the only employee of Gene’s to expressly authorize Local 33 to represent him in this action. Thus, Local 33 had standing only on behalf of Elie Cherfan. Further, the shop work that Cherfan performed off-site from the public improvement project was not subject to the wage law. The magistrate granted Gene’s motion for summary judgment. The trial court adopted the magistrate’s decision.

{¶ 9} The court of appeals reversed and remanded, concluding that Cherfan’s written authorization allowing Local 33 to represent him was sufficient to impute standing to Local 33 with respect to the entire project and all of Gene’s employees. Medina App. No. 06CA0104-M, 2008-0hio-1005, 2008 WL 623407, ¶ 22. The court further held that R.C. 4115.05 expressly provides for payment of the prevailing wage to off-site employees, in particular, employees who fabricate materials to be used in or in connection with a public work. Thus, the court held, Clymer v. Zane (1934), 128 Ohio St. 359, 191 N.E. 123, has been superseded by the legislature. Id. at ¶ 39.

(¶ 10} The cause is before this court upon the acceptance of a discretionary appeal. 118 Ohio St.3d 1505, 2008-Ohio-3369, 889 N.E.2d 1024.

II. Standing as an “Interested Party”

{¶ 11} R.C. 4115.16(A) authorizes an “interested party” to file a complaint with the director of commerce alleging a prevailing-wage violation. R.C. 4115.16(B) authorizes the “interested party” to file a complaint in the court of common pleas of the county in which the violation allegedly occurred if the director has not ruled on the merits within 60 days. An “interested party” with respect to a particular public improvement is defined in R.C. 4115.03(F) as:

{¶ 12} “(1) Any person who submits a bid for the purpose of securing the award of a contract for construction of the public improvement;

{¶ 13} “(2) Any person acting as a subcontractor of a person mentioned in division (F)(1) of this section;

{¶ 14} “(3) Any bona fide organization of labor which has as members or is authorized to represent employees of a person mentioned in division (F)(1) or (2) of this section and which exists, in whole or in part, for the purpose of negotiating with employers concerning the wages, hours, or terms and conditions of employment of employees;

{¶ 15} “(4) Any association having as members any of the persons mentioned in division (F)(1) or (2) of this section.” (Emphasis added.)

[251]*251{¶ 16} The parties have stipulated that Local 33 is an interested party under R.C. 4115.03(F)(3) on behalf of Elie Cherfan. The issue before us is whether Local 33’s status as an interested party based on Cherfan’s authorization extends to apply to all employees of the employer on a projectwide basis.

{¶ 17} In Sheet Metal Workers’ Intenatl. Assn., Local Union No. 33 v. Mohawk Mechanical, Inc. (1999), 86 Ohio St.3d 611, 716 N.E.2d 198, we examined a union’s status as an “interested party” with respect to nonunion employees who worked for Mohawk, a subcontractor on a public improvement project. At the time, the union was attempting to organize Mohawk employees. When the union discovered that Mohawk was not paying prevailing wages to employees working on the project, it filed a complaint under R.C. 4115.16(A). Three Mohawk employees gave the union written authorization to pursue the action after it was filed.

{¶ 18} We held that the union had standing as an interested party. The employees worked for Mohawk, a subcontractor for “a person mentioned in division (F)(1)” of R.C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Miller v. Mission Essential Group, L.L.C.
2023 Ohio 3077 (Ohio Court of Appeals, 2023)
Thomson v. Boss Excavating & Grading, Inc.
2021 Ohio 3743 (Ohio Court of Appeals, 2021)
State v. Taylor (Slip Opinion)
2020 Ohio 6786 (Ohio Supreme Court, 2020)
Ohio Democratic Party v. LaRose
2020 Ohio 4778 (Ohio Court of Appeals, 2020)
State v. Wilson
2020 Ohio 1584 (Ohio Court of Appeals, 2020)
Cleveland v. State (Slip Opinion)
2019 Ohio 3820 (Ohio Supreme Court, 2019)
Turner v. CertainTeed Corp. (Slip Opinion)
2018 Ohio 3869 (Ohio Supreme Court, 2018)
State v. Noling (Slip Opinion)
2018 Ohio 795 (Ohio Supreme Court, 2018)
Jacobson v. Kaforey (Slip Opinion)
2016 Ohio 8434 (Ohio Supreme Court, 2016)
Corban v. Chesapeake Exploration, L.L.C., Et Al.
2016 Ohio 5796 (Ohio Supreme Court, 2016)
Hulsmeyer v. Hospice of Southwest Ohio, Inc. (Slip Opinion)
2014 Ohio 5511 (Ohio Supreme Court, 2014)
In re Brothers Publishing Co, L.L.C.
2014 Ohio 133 (Ohio Court of Appeals, 2014)
State v. Roberts
2012 Ohio 5684 (Ohio Supreme Court, 2012)
State v. Willan
2011 Ohio 6603 (Ohio Court of Appeals, 2011)
Bockelman Trucking v. Pennsylvania Prevailing Wage Appeals Board
30 A.3d 616 (Commonwealth Court of Pennsylvania, 2011)
State ex rel. Baroni v. Colletti
2011 Ohio 5351 (Ohio Supreme Court, 2011)
Vaughn Industries, LLC v. Lake Erie Elec., Inc.
2011 Ohio 1146 (Ohio Court of Appeals, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2009 Ohio 2747, 910 N.E.2d 444, 122 Ohio St. 3d 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheet-metal-workers-international-assn-local-union-no-33-v-genes-ohio-2009.