Callen v. International Brotherhood of Teamsters

Painter, Judge.

Today, we join our colleagues in the Sixth, Seventh, and Tenth Appellate Districts and adopt the federal Norris-LaGuardia standard for union liability in strike-related intentional torts. Though previous Ohio cases have treated the Norris-LaGuardia standard as evidentiary, we hold that it also modifies common-law agency principles.

The standard requires that, in order for a union to be liable for the intentional torts of its members, there must be clear and convincing proof of actual participation in, authorization, or ratification after actual knowledge, of the intentional act…