Ms. Laura J. Portiss
4 - 44 King Street West
Dundas, Ontario L9H 1T7
Dear Ms. Portiss:
In your March 15,1999, letter you ask that
I dismiss the charges filed by Robert Leone against William Nixon.
On February 18,1999 I suspended indefinitely the trial of those
charges pending the charging party's submission of additional
detail. My concern, as expressed in that correspondence, was
that the charges might include protected speech which is not subject
to discipline. Pending receipt of additional information from
the charging party, I see no reason to lift that suspension or
otherwise to issue any further order at this time.
You also request in your letter of March
15 that I issue additional instructions to Local 1089 to remedy
what you perceive as its mistreatment of William Nixon. There
is nothing in the mere pendency of Mr. leone's charges which would
warrant that order. While William Nixon has the right not to
be required to defend charges based upon what may have been his
exercise of protected speech rights, Robert Leone has constitutional
rights to file disciplinary charges as well. Even assuming that
those charges are defective for reasons suggested in my earlier
letter, Robert Leone does not subject himself to discipline for
having filed them. Finally, there is no matter presently before
the International Union involving other issues referenced in your
letter e.g., advertisement in the local newspaper.