[1998] OLRB REP. MARCH/APRIL 323
0013-98-U; 0014-98-U Joseph Portiss, Applicant v. Labourers' International Union of North America Local 1089, Robert Leone, Rick Vani, Gerry Varricchio, Frank Guerette, Victor Horvath, Frank Vennari, Rick Weiss, Enrico Mancinelli, Responding Parties; William Nixon, Applicant v. Labourers' International Union of North America Local 1089, Robert Leone, Rick Vani, Gerry Varricchio, Frank Guerette, Victor Horvath, Frank Vennari, Rick Weiss, Enrico Mancinelli, Responding Parties
BEFORE: G. T. Surdykowski, Vice-Chair.
DECISION OF THE BOARD; April 30, 1998
By decision dated April 22, 1998, the Board ordered the applicants in these complaints to provide further particulars of their allegations.
The Board is in receipt of two letters, one in each complaint, from the applicants' representative. Although both letters are dated April 21, 1998, they were faxed to the Board on April 27, 1998. Accordingly, it is not clear whether the applicants had received the Board's April 22, 1998 decision when they wrote to the Board.
In Board File No. 0013-98-U, the applicant writes as follows:
I am writing in reference to File #0013-U-98 Joseph Portiss v. Labourers' International Union of North America Local 1089 Robert Leone, Rick Vani, Gerry Varriccihio. Frank Guerette, Victor Horvath, Frank Vennari. Enrico Mancinelli and Rick Weiss.
On behalf of Mr. Portiss I hereby notify you of Mr. Portiss' decision to withdraw the following sections from his complaint and all information pertaining to such sections; Sections 74, 75, 76, 93, 149.
Mr. Portiss is withdrawing section 75 as he realizes this violation should be considered non-compliance of the OLRB order from 1983. Mr. Portiss withdraws Sections 74. 76, 93. 149 due to potential (longer that some witnesses are being subjected to.
Unfortunately, it appears that Mr. Leone is exercising further misconduct in the form of issuing physical threats which in my opinion may result in undue harm to specific witnesses.
Therefore, Mr. Portiss withdraws the above sections not by choice, but by obligation to these witnesses.
Further, Mr. Minsky has requested further particulars on the allegations made towards his clients and I have agreed to provide such particulars no later than May 01, 1998. Mr. Minsky also requested an additional time to respond to the allegations therefore. I would be in agreement to receiving Mr. Minsky response no later than May 11, 1998 if you should deem fit.
Thank-you for your time and co-operation.
(emphasis added)
- In Board File No. 0014-98-U, the applicant writes as follows:
I am writing in regard to file #0014-U-98; William Nixon vs. Labourers' International Union of North America Local 1089, Robert Leone, Rick Vani, Gerry Varriccihio. Frank Guerette, Victor Horvath, Frank Vennari, Enrico Mancinelli and Rick Weiss.
On behalf of Mr. Nixon I am withdrawing the following sections and information pertaining to such sections; Section 74, 75, 77.
Unfortunately, it appears Mr. Leone has exercised further misconduct that in my opinion may result in physical harm to witnesses, therefore Mr. Nixon is withdrawing these sections out of obligation to the safety of the witnesses and not by choice.
Further Mr. Minsky has requested particulars which I have agreed to forward to him no later than May 01, 1998 and therefore I also agree with Mr. Minsky's request for additional time to respond to the allegations and expect Mr. Minsky to deliver his response no later than May 11. 1998 if you should deem fit.
Thank-you for your time and co-operation.
[emphasis added]
Generally, the Board is liberal in its approach to requests to withdraw part or all of complaints such as these at the pre-hearing stage. Unless an objection supported by cogent reasons is made, leave to withdraw will generally be granted.
The requests in these complaints raise some concerns, however. It appears that each of the applicants requests leave to withdraw parts of their respective complaints because of alleged unspecified threats, intimidation or coercion. Such conduct is expressly prohibited by the Labour Relations Act, 1995 (see sections 87(2) and 76), and also raises concerns regarding access to and the integrity of the Board's processes. It also raises questions of contempt.
The Board is therefore not prepared to grant the applicants' requests at this time. Instead, the Board directs the applicants to deliver particulars of the alleged threats and potential danger to witnesses referred to in their April 21, 1998 letters. These particulars are to be delivered to the Board within ten (10) days of the date herein.
If the applicant cannot deliver particulars of the conduct alleged in their April 21, 1998 letters as directed, the Board may consider them to be without foundation and they may be dismissed.