Teamsters, national labor board sue Mikesell’s

Published: Tuesday, April 18, 2017 @ 1:08 PM
Updated: Tuesday, April 18, 2017 @ 1:17 PM


            Mikesell’s was founded in Dayton in 1910.
            File photo
Mikesell’s was founded in Dayton in 1910.(File photo)

The National Labor Relations Board has petitioned Dayton’s U.S. District Court for a preliminary injunction against Mikesell’s, alleging unfair labor practices.

The civil action brought on behalf of the Teamsters alleges that the Dayton potato chip maker should have bargained about sales routes that have been sold to other entities.

The complaint said that the Teamsters Local Union No. 957 and Mikesell’s have been without a ratified contract since November 2012.

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In the past year, the NLRB complaint says that Mikesell’s has sold off four different sales territories that have been covered by union drivers to other distribution entities. The complaint said Mikesell’s sold one route on July 11, 2016, two on Aug. 29 and one on Sept. 12.

The petition said Mikesell’s had a duty to inform and bargain with the union. The union said its been the exclusive collective-bargaining representative for Mikesell’s drivers since 1982.

REALTED: The Secrets behind Mikesell’s

The union seeks that five days after any court order, the businesses that bought the four affected routes be notified that they will be terminated within 30 days and for union drivers to be re-installed after that.

The union said it also has requested but not received documents showing the profitability of the routes, a copy of the agreement between the company and the entity supposed to receive the routes, a description of how the Mikesell’s product is to be received and a copy of all correspondence between Mikesell’s and the company purchasing the routes.

“The petition speaks for itself,” said attorney Jennifer Asbrock, who said she’s represented Mikesell’s as outside labor counsel for about a decade. “We obviously disagree with the petition in several respects as well as with the memorandum in support of the petition and we will be zealously defending the company.”

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Asbrock said that the sales territories were sold to independent contractors after drivers retired or resigned. She said this action only affects the Dayton distribution center.

The wider-range NLRB complaint will be argued in front of an administrative law judge on May 31 in Cincinnati.

Asbrock said any preliminary injunction hearing would be heard in Dayton at a date determined by a Dayton judge, if they see merit in the petition and call for a show-cause hearing.

RELATED: Mikesell’s spices up the brand — and its snacks — to stay competitive

Mikesell’s supervisors listed in the petition are: Phil Kazen, executive vice president of sales and marketing; Beth Meeker, human resources manager; Dennis Franklin, RSD manager; and Luke Mapp, vice president.

Messages left on Tuesday with the NLRB attorney bringing the case were not immediately returned.

High Court: Sentencing for youthful offenders guilty in adult court stays in adult court

Published: Thursday, July 27, 2017 @ 6:07 PM

Kylen Gregory, 16,  will be tried as an adult in the fatal shooting of Fairmont High School junior Ronnie Bowers last summer in Kettering.
Kylen Gregory, 16, will be tried as an adult in the fatal shooting of Fairmont High School junior Ronnie Bowers last summer in Kettering.

Youthful offenders found guilty in adult court for certain offenses now will have all convictions sentenced in adult court, the Supreme Court of Ohio ruled today.

Today’s ruling reverses a 2014 decision by the 2nd District Court of Appeals. The Montgomery County Prosecutor’s Office appealed that ruling, and the High Court sided with the county, according to a news release from the prosecutor’s office.

RELATED: Teen accused of killing Fairmont student to be tried as adult

“This ruling makes sense in that the adult court judge is in the best position to sentence the defendant,” Prosecutor Mat Heck Jr. stated. "Today’s ruling will help to streamline the administration of justice and provide finality for crime victims.”

RELATED: Dayton teen to be tried as adult in carjacking case

The ruling applies to juveniles convicted whose crimes were subject to a mandatory transfer to adult court. The appeals court ruling that was overturned ordered all other charges that were not subject to a mandatory transfer had to go back to juvenile court.

Teen girl pleads for help in first 911 text call in Miami County

Published: Thursday, July 27, 2017 @ 9:11 PM

Matthew Weigel
Matthew Weigel

When a teenage girl texted 911 last week to say she was in the car with a 20-year-old man headed down Interstate 75 to buy heroin, it was Miami County Communications Center’s first such call.

It also was exactly the type of situation the text to 911 technology was intended to address, center Director Jeff Busch said Tuesday. The county announced earlier this month it was able to handle texts to 911.

READ: Tipp City drug ring suspect reports theft in Florida, is arrested

A transcript of the communication on July 22 between the girl, who was a passenger in the car, outlined the back and forth communication as the 16-year-old pleaded for help.

She described the situation and provided information as she traveled in the vehicle driven by Matthew Weigel from Miami County into Harrison Twp.a drug buy and their return up the interstate before being stopped near Tipp City.

"He's on a house arrest bracelet and he's trying to take me to Dayton with him to get heroin … cannot call on the phone," the girl texted. She also reported Weigel said he would lead police on a high-speed chase and wreck the vehicle, if necessary. 

READ: Former high school referee pleads not guilty to rape involving minor

The teen said the man thought she was texting his mother, though later in the transcript she texted he called her a "snitch." 

The interaction lasted around 30 minutes. The vehicle was stopped by the Ohio State Highway Patrol and Tipp City police. Weigel was apprehended without incident. He is in the Miami County Jail on suspicion of a probation violation. 

Miami County commissioners mentioned the successful resolution of the incident during their Tuesday morning meeting. 

MORE: Investigators may never know how Troy teen drowned, police say

Busch earlier told commissioners the technology would be beneficial in certain circumstances, such as when someone was in a house or another situation in which a phone call could endanger the caller. Voice calls are preferred when possible, he said. 

"Obtaining and verifying information can be done more quickly through a voice call. Furthermore, telecommunicators can gain valuable insight into situations by hearing the tone of the caller's voice and listening to background noises through voice calls," Busch said on July 23 when he announced the new technology.

Former high school referee pleads not guilty to rape; judge reduces bond

Published: Thursday, July 27, 2017 @ 5:21 PM

Henry Lucas (Courtesy/Miami County Sheriff's Office)
Henry Lucas (Courtesy/Miami County Sheriff's Office)

TROY – A Troy man and former Ohio High School Athletic Association referee pleaded not guilty today to felony rape in Miami County Common Pleas Court.

Henry A. Lucas, 52, also saw his bail reduced, as requested, following a review by Judge Christopher Gee of a bond check report ordered during the morning arraignment hearing. 

Lucas is accused of sexual conduct involving a teenage girl in Troy in March and attempting to alter evidence against him. He pleaded not guilty to rape and tamping with evidence during arraignment via video from the county jail. 

More than 20 supporters of Lucas were in the courtroom for the hearing. 

Defense lawyer Andy Pratt asked Gee to consider a request for the recognizance bond or to “substantially reduce” Lucas’ bail of $400,000. Pratt said Lucas was a lifelong local resident and would live with his mother, if released. 

“He has tremendous support within the community,” Pratt said, pointing to those attending the hearing. 

Janna Parker, assistant county prosecutor, said prosecutors would request a cash bond for Lucas. She pointed out Lucas has a felony record and spent time in prison. He was convicted of a drug-related offense in 2010. 

Gee signed a bond order Thursday afternoon reducing the bail to $100,000, which can be posted at 10 percent cash or surety. 

Among conditions of the bail, if posted, were that Lucas have no contact with the minor victim, the minor victim's mother and have no unsupervised conduct with minors. 

The bond check was conducted by the adult probation office. 

Lucas was a long-time official for the OHSAA. His license was suspended following his arrest.

1,100 ecstasy tablets seized, 1 jailed in Kettering drug raid

Published: Thursday, July 27, 2017 @ 2:06 PM
Updated: Thursday, July 27, 2017 @ 7:00 PM

CONTRIBUTED PHOTO
CONTRIBUTED PHOTO

UPDATE @ 7 p.m.

Detectives seized around 1,100 ecstasy tablets and several ounces of powder of the psychoactive drug during a raid this morning at a Kettering apartment complex.

Kameron Curran, 21, was arrested at the apartments in the 2000 block of Lakewood Drive on suspicion of drug possession, according to the Montgomery County Sheriff’s Office. He was booked into the Montgomery County Jail, where he awaits formal charges.

Kameron Curran(MONTGOMERY COUNTY JAIL)

The raid ended a drug trafficking investigation conducted by the Regional Agencies Narcotics & Gun Enforcement Task Force along with agents from Homeland Security Investigations, according to the sheriff’s office.

The incident remains under investigation.

The task force urges anyone with information on drug activity to make a confidential call to the narcotics hotline at 937-225-6272.

FIRST REPORT

A man was escorted out of an apartment complex in handcuffs this morning on Lakewood Drive in Kettering during an apparent raid.

The circumstances surrounding the raid were not immediately known, however heavily armed undercover sheriff’s deputies were seen with the man, whose name has not been released.

OTHER NEWS: Woman overdoses in parking lot of Shelby County Sheriff’s Office

Deputies were on the scene around noon Thursday.

We’re working to learn additional details on this incident.