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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.

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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.

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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.

Sheriff’s deputy arrested, accused of stealing cash, credit cards from crime scene

Published: Wednesday, September 20, 2017 @ 11:00 PM

Deputy Arrested For Stealing From Crime Scene

An Orange County deputy was arrested Tuesday on allegations he stole cash, credit cards and a wallet from a crime scene Sunday.

Deputies said the deputy, Joseph Haddad, responded to a burglary. The case evolved into a narcotics investigation in which the person who reported the burglary, Sammy Shehata, was arrested for allegedly possessing marijuana.

>> Read more trending news

Shehata asked deputies if he could gather his belongings and while doing so noticed his wallet, $1,750 and credit cards were missing.

Shehata said Haddad was inside the house when he went to retrieve his things.

“He even said, ‘Well, I don’t have it.’ It’s not like I asked him if he had it,” Shehata said.

An investigation was launched against Haddad, and Osceola County deputies discovered the cards had been used in their jurisdiction.

Shehata said that, when he got out jail, he had notifications from his bank that his credit cards had been used, so he reported it to the sheriff’s office.

Osceola County deputies assisted with the investigation, which led to Haddad’s arrest after a search of his home.

He was booked into the Osceola County Jail on a grand theft charge.

According to the charging affidavit, Haddad and his wife were seen on camera using Shehata’s cards at Target and Walmart in Osceola County.

The report said they bought a baby crib, baby monitor, clothing, household goods and other baby supplies.

When questioned, Haddad told investigators he accidentally took the wallet while processing evidence and that it wasn’t until he got to Target that he realized he was using someone else’s credit card.

Haddad was relieved of duty without pay and was stripped of his law enforcement authority.

He was hired by the Orange County Sheriff’s Office in April 2016.

Orange County Sheriff Jerry Demings released a statement about the incident Wednesday.

“The facts in this case are troubling to me. The Orange County Sheriff's Office is not a place for a liar or thief to work. I am committed to ensuring that such individuals are prosecuted to the fullest extent of the law and that they will be fired.”

$338M Powerball winner accused of child sex abuse

Published: Thursday, September 21, 2017 @ 9:56 AM

Winner Of $338M Powerball Jackpot Accused Of Child Sex Abuse

A New Jersey man who made headlines in 2013 when he won a $338 million Powerball jackpot has been arrested on suspicion of child sexual assault, according to multiple reports.

>> Read more trending news

Pedro Quezada, 49, is accused of sexually assaulting a girl over the course of three years, starting when she was 11 years old, NJ.com reported. He faces charges of first-degree aggravated sexual assault, two counts of second-degree sexual assault and one count of second-degree endangering the welfare of a child, Passaic County Prosecutor Camelia Valdes said.

It was not immediately clear when the sexual abuse was alleged to have occurred.

A judge ordered Quezada held without bail Wednesday, according to The Record. His attorney, Steve Wukovits, told the newspaper that his client was targeted.

“He has money,” Wukovits told The Record. “That’s why he’s being targeted in this case.”

Quezada won a $338 million Powerball jackpot in 2013 and took his winnings in a lump-sum payout that amounted to $152 million after taxes, NJ.com reported.

“My life will change because of it – so much money – but it will not change my heart,” Quezada said after his win.

Quezada is scheduled to appear in court for a detention hearing Sept. 25.

Ex-Dayton Children’s doctor sex crimes trial date set

Published: Thursday, September 21, 2017 @ 9:37 AM

Arun Aggarwal
Arun Aggarwal

The sex assault case of a former Dayton Children’s doctor will head to trial in 2018, according to court records.

Arun Aggarwal, 40, faces four counts of gross sexual imposition for allegedly touching two female teenage patients’ breasts. He pleaded not guilty to the charges.

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His trial date is set for Jan. 22 after a final pre-trial conference on Jan. 11, Judge Mary Wiseman said.

Aggarwal is a former pediatric gastroenterologist at Dayton Children’s. The incidents allegedly occurred between Dec. 23, 2013, and Nov. 10, 2014. The charges are fourth-degree felonies.

A request to Aggarwal’s attorney for comment was not immediately returned.

Aggarwal was arrested in August after attempting to flee the country, according to the Montgomery County Prosecutor’s Office. Aggarwal was arrested in Washington D.C. after flying from Cleveland to Dulles International Airport in an attempt to catch a connecting flight to India.

MORE: Board revokes license of doctor accused of touching two teens’ breasts

A 2015 investigation by Dayton police concluded with the Montgomery County Prosecutor’s Office declining to take the case to grand jury because one of the alleged victims wouldn’t testify, according to records obtained by the Dayton Daily News.

An investigation by the Dayton Daily News this year found hospital and university administrators opted not to report the allegations against Aggarwal to police. After the first complaint, they issued him a warning. After the second, they set up a policy requiring a nurse or other health professional to be in the room whenever he examined a female patient over the age of 10.

Montgomery County Prosecutor Mat Heck said he re-opened the case because additional evidence came out during testimony about the accusation before the state medical board. The board in May revoked Aggarwal’s medical license.

Aggarwal told state medical board investigators that his actions were medically necessary as parts of examinations of the two girls.

MORE: Records reveal hospital debate over sexual misconduct allegations

In announcing the charges, Heck said allegations like those made against Aggarwal should be brought to law enforcement immediately.

Police learned of the allegations when a Children’s manager reported it to police on her own.

Since then, Dayton Children’s has said they have strengthened their processes in responding to allegations of this nature and have implemented “one of the most stringent chaperone policies in the country.”

Body found behind abandoned house ID’d as Kettering woman

Published: Friday, September 15, 2017 @ 6:02 PM
Updated: Wednesday, September 20, 2017 @ 11:45 PM

FROM SCENE: Detectives respond to body found in Dayton

UPDATE @ 11:45 p.m. (Sept. 20):

The Kettering woman found dead in Dayton under suspicious circumstances is survived by two children.

The body of Deanna Prendergast, 39, was found Friday behind a vacant home in a neighborhood off North Main Street.

“When the public found her, they indicated there was some kind of door on her,” Dayton police Sgt. Creigee Coleman said.

READ: Man recovered from Wolf Creek in Dayton was focus of endangered missing alert

Officers found two steak knives and a phone close to Prendergast’s body. She had abrasions and it appeared she’d been there for some time, according to a Dayton police report.

The discovery shocked Prendergast’s neighbors in Kettering. One woman, who didn’t want to be identified, said Prendergast left her home a few months ago and had been seen panhandling at street corners in Kettering and Dayton.

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“Saw her on Main Street with the same sign, ‘homeless have two kids, anything will help,’ ” the former neighbor said. “It’s sad. My heart breaks for her children.”

The Montgomery County Coroner’s Office has not determined a cause of death for Prendergast.

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UPDATE @ 9:25 a.m. (Sept. 19): 

A woman who was found dead behind an abandoned house in Dayton has been identified by the Montgomery County Coroner’s Office as Deanna Prendergast, 39, of Kettering. 

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Prendergast’s cause of death and results of her autopsy are still pending. 

UPDATE @ 11:11 a.m. (Sept. 18):

A Dayton police report revealed knives and “overdose evidence” were recovered from the scene where a woman’s body was found “covered in insects” and “in a significant state of decomposition” Friday afternoon.

The woman’s identity has not been released pending notification of family, according to the Montgomery County Coroner’s Office.  An autopsy on the woman had not yet happened on Monday morning, a spokesman said.

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Officers responded to a vacant house on East Hudson Avenue after someone called police saying someone was found deceased with a wooden door over her, the report said.

The woman was not clothed, according to the report.

A black cell phone and two kitchen-style steak knives were found near her body.  The report also said the woman “appeared to have multiple abrasions on her body.”

Due to the suspicious circumstances surrounding the woman’s death homicide detectives were called to investigate.

The coroner’s office has not determined how the woman died.

UPDATE @ 7:40 p.m. (Sept. 15)

Homicide detectives are leading the investigation into the death of a woman whose body was found early this evening face down behind an abandoned house in Dayton.

“At this particular time it is undetermined the way this person passed away,” Dayton police Sgt. Creigee Coleman said.

The body found is that of a white woman who appears to be between 35 and 40. She has not been identified, but Coleman said the Montgomery County Coroner’s Office will be performing an autopsy.

The woman was pronounced deceased at the scene by the Dayton Fire Department, Coleman said. No drug paraphernalia was found near the woman, and there was no obvious trauma to her body.

>>>More police and crime news

A witness said it appeared a door was placed on top of the body but Coleman said he was not able to substantiate that report. Also, it’s not known whether the woman died where she was found in back of 17 E. Hudson Ave. or was placed there.

“We need the help of the public, we need the help of witnesses to come forward to determine how this lady passed away,” Coleman said. “It’s not fair for this lady to die in this manner and nobody to come forward.”

UPDATE @ 6:55 p.m.

Dayton police Sgt. Creigee Coleman said the body found was that of a female. It is still too early to tell how she died, he said.

UPDATE @ 6:30 p.m.

The body found next to a vacant house did not die recently, according to a Dayton police call log. 

The deceased person found in back next to the garage is covered, according to reports.

FIRST REPORT

Detectives are responding to a body found early this evening in Dayton.

The deceased person was found at 17 E. Hudson Ave., according to the Montgomery County Regional Dispatch Center.

The body was next to a garage behind DJ's Furniture, 2100 N. Main St.

The gender of the deceased person nor manner of death was immediately available.

We have a crew on the way and will update this report as we learn details.