Federal Court Rules in Favor of AK Steel - Cites United Steelworker Conflict of Interest
17 January 2000
Federal Court Rules in Favor of AK Steel - Cites United Steelworker Conflict of Interest
MIDDLETOWN, Ohio--Jan. 14, 2000--AK Steel today said a federal court ruled in its favor in a lawsuit regarding an ordinance passed by the City Council of Mansfield related to private security guards. Judge John M. Manos issued the ruling today from U.S. District Court in Cleveland. Judge Manos' ruling permanently enjoins the City of Mansfield from enforcing the ordinance. County Security Agency and an individual private security employee jointly filed the complaint with AK Steel.In his ruling, Judge Manos said Mansfield City Council member Butch Jefferson improperly voted on the ordinance because of a conflict of interest. Mr. Jefferson, who insisted the city draft the ordinance, is a member of United Steelworkers of America, Local 169. The union is in a contract dispute with AK Steel and has been locked out since September 1, 1999. Judge Manos also concurred with AK Steel and the other plaintiffs that the ordinance conflicts with the existing State of Ohio statute regarding regulation of private security guards.
Judge Manos also agreed with the plaintiffs that the ordinance is invalid because the ordinance deals impermissibly with an issue (a union labor dispute) which is governed by federal labor laws. Finally, the judge ruled that the ordinance violates the Plaintiffs' and their employees' constitutional right to privacy. The judge also declared AK Steel and the other plaintiffs would have suffered irreparable harm for which there would have been no adequate remedy at law if the ordinance were enforced.
"We are very pleased that the Court has ruled in the company's favor on each of the four issues we presented," said Alan H. McCoy, vice president, public affairs for AK Steel. "The Court rightly concluded that the ordinance was introduced specifically in response to a labor dispute at AK Steel for the purpose of hindering the company's federally protected right to operate its plant."
The ordinance was introduced by Mansfield City Council member Walden "Butch" Jefferson. Dan Martin, a statewide officer holder with the United Steelworkers of America, accompanied Mr. Jefferson in requesting that the Mansfield law director draft the ordinance. Mr. Jefferson is also a member of the United Steelworkers of America and employed by AK Steel at its Mansfield plant. The ordinance was first passed on October 5, 1999, but was amended on both October 22 and November 2.
The ordinance would have required private security companies to file copies of registration application forms for their security guards with the city and to provide detailed personal information about the guards. AK Steel and the other plaintiffs allege the ordinance could have facilitated the harassment of the security personnel by members and supporters of AK Steel's locked out workforce.
"As Judge Manos noted in his ruling, enforcement of the ordinance could have resulted in jail time in Mansfield for activity licensed by the State of Ohio," said McCoy. "It is unfortunate that AK Steel and the other plaintiffs were force to expend considerable time, resources and money to have this illegal ordinance struck down. The other taxpayers of Mansfield, who must also foot the bill for the city's defense, have also suffered," McCoy said.