Feb. 1983
LAWYER CLAIMS RECORDS CHANGED, CHAIRMAN
ADJOURNS LABOR HEARING
By: Mary Jane Egan
A stormy week long labor board hearing into
alleged hiring irregularities by Sarnia Local 1089 International Laborers
Union took a dramatic turn Wednesday when the lawyer for complaintant Joe Portiss accused
the union of tampering with hiring hall records.
Brian Iler stunned an Ontario Labor Relations Board hearing at the
Holiday Inn claiming he has documented 19 instances in November in which union records
have been altered.
The charges, termed "scandalous," by lawyer Alan Minsky
representing union Business Manager Rocco D'Andrea, prompted an early
lunch break but before the case had resumed, it took another bizarre twist.
Point Edward Police were called after two union members, who drank
water during the lunch break from a jug on Mr. Portiss' table, complained the jug had been
tampered with. Donato Marinaro, who has testified as a witness for Mr. Portiss, said the
water burned the inside of his mouth while Jack Restivo immediately spit the water onto
the carpet saying it tasted "salty".
The water was analyzed at Sarnia General Hospital's laboratory and
although Const. Bill Baines later said tests showed " the trace of a
mild acid" the lab's chief technologist refused to disclose the test's findings.
Joseph Blair said his tests were "inconclusive" because
the hospital lacks facilities for a detailed analysis. He said he advised police to send
the sample to forensic labs in Toronto. Mr. Blair said he was "not denying" what
the officier said but stressed his tests are "only suggestive". The sample has
been sent to Toronto.
Although both men were advised by police to attend at the
hospital, they remained at the hearing after rinsing their mouths with
water and suffered no ill after effects. Police have assured the hotel there is no problem
with its water and that the incident was an isolated case.
Claims of tampering with exhibits and the jug incident will result
in beefed up security when the hearing resumes March 22. Hearing chairman Michel Picher,
who warned after a shouting match earlier in the hearing the board could close the hearing
or call the police if necessary, ruled Wednesday this action would not be taken.
Referring to the water scare, Mr. Picher said the
board doesn't believe "that kind of stupidity warrants that kind of action" but
added further problems could result in a closed hearing.
Mr. Picher did rule that in the future, the
hearing will proceed in a larger room at the hotel which will be cleared of all persons
and locked after all adjournments. He also ruled that the union's out of work book and
referral book two documents which had remained in the union's possession for daily union
business will now become custody of the board.
The union was allowed to copy the last few
entries from each book, so it can continue to operate its hiring hall.
Although the hearing was scheduled to continue today, Mr. Picher
said the board was granting an adjournment at the request of both
parties. He said the allegations of union tampering with the documents are "extremely
serious" and the board recognizes Mr. Minsky wants time to deal with them. "We
would expect the allegations to be dealt with carefully." Mr. Picher said.
Mr. Iler told the board it was "in the last
few days" that he noticed irregularities in documents he gained access to in November
when the hearing began.
Over 100 exhibits and 20 witnesses have testified to date on
behalf of Mr. Portiss while Mr. D'Andrea's case will begin March 22.
Mr. Iler alleges that between 1980 and 1982, close to 50 of Mr.
Portiss' 1200 fellow union members, unjustly received work ahead of the 31 year old
laborer. Much of his case hinges on entries in the union's out of work list - the book in
which all unemployed laborers are registered and from which they are
assigned jobs.
Mr. Iler alleges Mr. Portiss and several union members have
testified they were never able to obtain a list of job classifications from the union and
therefore never knew which were recognized.
Wednesday's charges of tampering with exhibits arose when Mr. Iler
asked witness Cesidio Iacobelli if he had ever registered with the union as a cement
finisher. When Mr. Iacobelli replied "no" Mr. Iler showed his name with the
words "cement finisher", in th out of work book.
When Mr. Iler produced a job referral slip for Mr. Iacobelli,
again with the words "cement finisher" he said the words appeared to have been
added to the slip because they bore a " different impression."
When Mr. Minsky objected to the suggestion the
slip had been altered, Mr. Iler angrily told the board "I'm very upset with finding
this kind of evidence and I'm very upset with having to call it and I wouldn't unless I
was convinced it was strong."
Mr. Iler has said he believes entries have been added to the
minute book of union meetings and other documents. He alleges some entries appear fresher,
some are written in different colored ink and others appear "crammed in" as if
they were added later.
He told the board he will either testify
personally or call Mr. Portiss when the hearing resumes, to give evidence regarding the
accusations.
The hearing has heard evidence that two
secretaries generally made entries in the out of work book, Secretary Anna Iacobelli -
daughter of local president Orfeo Iacobelli has attended each day's haering and frequently
appeared to dispute testimony of various witnesses who described their recollection of how
the out of work list was handled.
Various laborers have testified they never asked to see what entry had been made in the book but were able to learn where they stood on the out of work list by calling the union.