March 17,1999

Ms. Laura J. Portiss
4 - 44 King Street West
Dundas, Ontario L9H 1T7

Re: Leone v. Nixon

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.

Sincerely Yours,

General President