MAHONING CO. PAVING Magistrate finds no evidence that unions interfered in job

Work ceased Oct. 9, and there's no indication when it will resume.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- A magistrate in Mahoning County Common Pleas Court didn't find evidence that two unions interfered with Cleveland Asphalt's nonunion paving project and denied its request for a preliminary injunction.
"We're working with contractor to provide security -- no final decision has been made. We're waiting for proposal from the contractor for safety items," Jennifer Richmond, spokeswoman for Ohio Department of Transportation, said today. "Our position is to ensure the safety of the contractor and motoring public."
Cleveland Asphalt has a contract with ODOT for the paving of 2.8 miles along U.S. Route 422 and state Route 289 in the city. Work began Sept. 15 and halted Oct. 9, after equipment left at the job site on West Rayen Avenue was vandalized.
Youngstown attorney James S. Gentile, who filed the complaint on behalf of the paving company, identified two local unions as defendants and asked for an injunction. He wanted to limit the number of protesters at the job site.
Gentile and Walter Romano, project manager for Cleveland Asphalt, met this morning to discuss the magistrate's decision.
"Cleveland Asphalt's position is the same as before -- we're not going to endanger employees' health and safety," Gentile said. "I can't comment on anything about performance of the contract. Mr. Romano's position is he's not going to endanger his employees."
ODOT has said that once work resumes it would pay two off-duty city police officers to provide security at the job site. ODOT, mindful that cold weather affects asphalt, wants the work to be done soon.
Magistrate's decision
Magistrate Eugene J. Fehr, in a decision filed Thursday, concluded that the Bessemer, Pa., paving company was unable to show by "clear and convincing evidence" that either Operating Engineers Local 66 or Teamsters Local 377 authorized or condoned disruptive activity at the work site. Fehr also said he didn't find evidence that members of the unions participated in the "injurious conduct" directed toward Cleveland Asphalt.
The decision comes after nearly 31/2 hours of testimony given at a hearing Tuesday. Fehr said if Cleveland Asphalt can develop further evidence, a supplemental request for an injunction should be filed.
At Tuesday's hearing, Romano testified that paving ceased when it became unsafe for the workers. He said the damage to equipment included spikes thrown on the road to puncture tires, busted windows, sugar or salt put in fuel tanks, cut wires and more.
Two of Romano's sons will be in municipal court next week for a pretrial on assault and criminal damaging charges. They are accused of roughing up a union representative who was videotaping the work and damaging the man's camera.
meade@vindy.com