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MIAZGA v. UNION

Nos. 39062, 39063, 39064, 39065, 39066 and 39067.

2 Ohio St. 2d 49 (1965)

MIAZGA, APPELLEE, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, A.F.L.-C.I.O., APPELLANT. BANKER, APPELLEE, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, A.F.L.-C.I.O., APPELLANT. JACKFERT, APPELLEE, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, A.F.L.-C.I.O., APPELLANT. GALLAGHER, APPELLEE, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, A.F.L.-C.I.O., APPELLANT. MACKIN, APPELLEE, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, A.F.L.-C.I.O., APPELLANT. JONES, APPELLEE, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, A.F.L.-C.I.O., APPELLANT.

Supreme Court of Ohio.

Decided March 31, 1965.

Attorney(s) appearing for the Case

Messrs. Rudd, Ober & Miller, Mr. Charles R. Miller and Mr. Charles J. Donahue, for appellees.

Messrs. Clyne, Moran & Perelman and Mr. Lewis Perelman, for appellant.

O'NEILL, J.

The question for this court to decide is: Can a plaintiff maintain an action against a labor union, of which he is a member, based upon the commission of a tort against the plaintiff by the member agents of such union acting within the scope of their authority?

The defendants rely upon the rule set forth in the syllabus of Koogler et al., Trustees, v. Koogler (decided June 21, 1933), 127 Ohio St. 57. That syllabus reads:

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