Oct.21 1983

An assault charge against the business manager of Sarnia Local 1089 of the International Laborers Union has been dismissed but two other union members have been committed to trial.

Judge E.H. A. Carson dismissed the assault charge against Rocco D'Andrea 49, of 1334 Ryerson Crt. at the conclusion of a preliminary hearing Thursday in Sarnia.

D'Andrea was charged with assaulting union member Joe Portiss June 9 after a union meeting.

Two other union members charged in connection with the same incident, Dan D'Andrea 24, of 747 Manor Park Cres. And Giacomo (Jack) Restivo 26, of 1348 Michigan Ave., were committed to trial. Charged with assault causing bodily harm, they both have elected trial by judge and jury.

There was a ban on publication of evidence at the preliminary hearing.

Mr. Portiss, who brought complaints against the union before the Ontario Labor Relations Board, is charged with assaulting the senior D'Andrea in connection with the union hall incident. His 29-year-old wife Evelyn is charged with making threatening telephone calls. They both are scheduled to stand trial Nov.9 in provincial court at Sarnia.