breaking news

breaking news

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.

FOLLOW: Mark Gokavi on Twitter and Facebook

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.”


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.

Kettering fire captain now subject of internal probe amid Huber review

Published: Monday, November 20, 2017 @ 12:29 PM
Updated: Monday, November 20, 2017 @ 12:30 PM


A Kettering Fire Department captain suspended from his duties amid a criminal investigation by Huber Heights police is now the subject of a city of Kettering internal investigation, this news outlet has learned.

Mark Williamson, 39, of Huber Heights, is the subject of a Kettering internal investigation initiated Friday “regarding possible misconduct,” according to a letter obtained by this newsroom under Ohio’s public records law.

Already, Williamson is on paid leave from the Kettering department “until further notice,” according to a letter in his personnel file.

MORE: Business owner uses AK-47 in exchange of gunfire with burglars

“This individual was placed on leave because we were made aware of an incident under investigation which occurred outside of Kettering,” the city of Kettering said in a statement earlier this month. “The individual will remain on leave and the City of Kettering will continue to cooperate with Huber Heights as they conduct their investigation.”

Williamson was also fired by Huber Heights City Schools from his junior high coaching position earlier this month, according to the district.

News Center 7 and the Dayton Daily News asked Huber Heights police for information on the investigation referenced in Kettering’s response.

MORE: Devastating fire cost this Dayton neighborhood its only grocery store, and services are struggling to keep up

The police division responded by providing reporters a Sept. 26 incident report that does not list Williamson or reveal his connection to the case. Police would not specify Williamson’s involvement in the case.

Williamson is not criminally charged or identified as a suspect in the Huber Heights police investigation, which involves a 14-year-old girl and accusations of unlawful sexual conduct and disseminating matter harmful to a minor, according to a Huber Heights police report.

Another Huber police document — a call report from dispatchers — shows an anonymous caller reported suspicious activity involving a black SUV in the far back lot of the former LaMendola Elementary, 5363 Tilbury Road.

The police report shows authorities seized an iPhone 7, but does not make clear the phone’s owner. Reporters called the listed phone number, but the call went straight to a voicemail message that did not reveal other details.

Huber Heights City Schools Superintendent Susan Gunnell said the district terminated Williamson from his coaching position Sept. 28 after he admitted to letting a student into his vehicle for personal transportation purposes, which is against school policy.

MORE: Dayton residents are ready to fight for downtown’s only dog park

Williamson coached the Weisenborn Junior High cross-country team since 2015.

Reporters reviewed dozens of public records from 2008 to present that document Williamson’s rise in the Kettering fire company and sterling performance reviews.

MORE: Hungry resident dupes 2 delivery drivers on same day

“Mark, you continue to be a shining star in our department,” Chief Terry Jones wrote in a 2013 evaluation. “An outstanding rating on a performance evaluation is extremely rare, and certainly something to be proud of.”

By the end of the year, Williamson became a captain. Battalion Chief Mitch Robbins wrote, “Mark has progressed through the firefighter rank rather expediently; however, this was not without plan or purpose. Mark has prepared both formally and informally for this promotion.”

Kettering paid Williamson $133,953 for work in 2016, according to the I-Team Payroll Project.

Two Lebanon High students back in court in knife case

Published: Monday, November 20, 2017 @ 11:42 AM

            Warren County Juvenile Court hearings are scheduled for two Lebanon students accused of having knives in school.
Warren County Juvenile Court hearings are scheduled for two Lebanon students accused of having knives in school.

Two Lebanon boys are scheduled to return to Warren County Juvenile Court today to face charges alleging they brought knives to school in September.

The boys — one a 15-year-old from Lebanon, the other a 17-year-old from Clearcreek Twp. — were charged on Oct. 6, several weeks after another boy who was sentenced last week in his case.

RELATED: Lebanon student detained after knife incident at school

The boy in the earlier case was originally charged with threatening another student with the knife, and he later admitted that he brought a knife to the high school on Sept. 15 to protect himself from another student.

RELATED: Two more charged with bringing knives to Lebanon High School

Last week, lawyers for the other two boys met with court officials, but there was no court hearing.

There were indications the cases would be decided today, but court records indicate pretrial hearings are scheduled.

Unlike in the case of the first boy charged, Lebanon Officer Stephen Drake said in his complaints the two boys in court again today “did bring a knife to Lebanon High School, but did not threaten anyone. Warren County wanted charges filed.”

RELATED: Lebanon student detained after knife incident at school

After the Sept. 15 incident, school officials reported finding multiple knives after students reported that they had either seen or heard about the knives.

Last Monday, the first student charged was placed on probation and ordered to complete 30 hours of community service for conveying a deadly weapon in a school safety zone.

Group rallies for man shot by Moraine police, says lawsuit coming

Published: Saturday, November 18, 2017 @ 6:55 PM

Group rallies for man shot by Moraine police, says lawsuit coming

A Dayton-born reverend told a group of more than three dozen protesters that Jamarco McShann’s Oct. 20 death at the hands of the Moraine police department should signal a turning point in the demand for justice for black men shot by law enforcement.

“I for one am tired of watching folks sit on the sideline. It’s time to get off the bench and get in this game. We have to fight for change,” said Rev. Jerome McCorry, the president and CEO of the National Congress on Faith & Social Justice. “The death of Marco should not be in vain. Marco’s name should long be remembered as the rallying cry that finally made people stop sitting in their living room, looking at the news and saying I need to do something.”

People gathered Saturday afternoon outside the Moraine police department on Dryden Avenue as organizers urged them to fight for change, register to vote and return again for community meetings and more rallies. McCorry also said a federal civil wrongful death lawsuit against Moraine’s police department will be filed in the coming weeks.

RELATED: Moraine police shooting a first for the city

McShann, 23, died after two Moraine police officers fired at him after police said the Dayton man pointed a loaded semi-automatic pistol at them and failed to heed their warnings.

Moraine police Chief Craig Richardson has said officers John Howard and Jerry Knight were investigating a report of a suspicious vehicle at an apartment complex at 3750 Pinnacle Road when the encounter occurred. Howard and Knight were placed on paid administrative leave.

RELATED: Moraine officer-involved shooting: 5 questions we’re asking

The Ohio Bureau of Criminal Investigation has assumed control of the case at the request of the Moraine Police Division. Richardson said an internal investigation

McShann’s mother, Sabrina Jordan, said her son was “over-killed” by Moraine police, who are not equipped with body cameras and whose police cruisers do not have the devices either, according to Moraine city law director Buzz Portune.

RELATED: What we know about Jamarco McShann

“There’s going to be a lot of stuff coming up. This is just the beginning. I’m not letting this go,” Jordan said. “I’ve lost three sons. One to street violence, another one to the prison system and now, Jamarco, to the police. I’m tired. I’m done. I’m fighting.”

Minister Raleigh Thornton Jr. said: “We need some people that’s ready to hit the ground right here in Dayton, Ohio, Moraine, Kettering, Beavercreek. We all need to be on the same page of saying, ‘No murder will go unpunished. No life — white, black, Chinese — is worth being killed if you have not done anything wrong.”

SOCIAL MEDIA: Follow Mark Gokavi on Twitter or Facebook

McCorry said private investigators also are studying evidence and talking to witnesses to the shooting.

“We’re here to fight for justice for that young man because we feel his life was unjustly taken,” McCorry said. “We’re looking to have some officers charged, indicted, convicted for the murder of our people, and that includes Jamarco McShann.”

‘Out of control’ Florida woman threw electric toothbrush at deputy

Published: Sunday, November 19, 2017 @ 4:04 PM

Indian River County Sheriff's Office
Santiago(Indian River County Sheriff's Office)

A woman was arrested after spitting and throwing an electric toothbrush at a deputy in Vero Beach, according to the sheriff’s office. 

Indian River County Sheriff’s Office deputies responded to a home on Oct. 14 when a man reported that his 19-year-old daughter, Angelie Santiago, was acting “out of control” and would not leave, TC Palm reports. 

The man told deputies on the porch of his home that Santiago doesn’t live with him, but stayed there overnight and kept yelling at him.

Santiago then walked through the front door and spit in her father’s face, according to the arrest report. As deputies tried to arrest her she also spit in a deputy’s face and threw an electric toothbrush at him, striking his back, according to TC Palm. 

Santiago faces charges of battery domestic violence, battery on a law enforcement officer and resisting arrest. She was released from the county jail on a $5,500 bond, according to jail records.