January 27, 2005
Hearing to determine LIUNA’s trusteeship order on Local 183 to take several months
By Grant Cameron
staff writer
A hearing that will determine whether the Labourers’ International Union of North America (LIUNA) can impose a trusteeship order on Local 183 of the Universal Workers Union is expected to take several months.
The matter is being heard by Brian Keller, a Canadian Independent Hearing Officer (CIHO) and former vice-chair of the Ontario Labour Relations Board.
The hearing began earlier this month and is scheduled to resume Jan. 30 and 31 and continue on Feb. 11 and 13, then again sometime in March.
Initially, lawyers for Local 183 had sought to stop the hearing, arguing that the manner in which LIUNA initiated the trusteeship process had been fatally flawed.
LIUNA placed Local 183 into “emergency trusteeship” after an independent investigation questioned the conduct of some leaders of the union and alleged the local failed in its responsibilities to members.
But lawyers for Local 183 argued that the CIHO could only deal with a “proposed trusteeship” and, since LIUNA put the local under “emergency trusteeship,” the hearing officer had no jurisdiction in the matter.
Local 183 maintained the Canadian Ethical Practices Code of LIUNA stipulates that the independent hearing officer can only preside over and provide rulings in “proposed trusteeships” or “supervisions.”
The thrust of Local 183’s argument was that since LIUNA had already imposed a trusteeship, the CIHO was improperly appointed to deal with the matter.
‘Local 183 officials will finally have to answer serious allegations of breaches of the
union’s ethical
practices code’s
Daniel Randazzo
LIUNA general president Terrence O’Sullivan clarified the international’s position in a letter to the CIHO. He explained that LIUNA was not taking action against the local and the trusteeship remained “theoretical” and “proposed” pending a decision from the CIHO.
In a second letter, O’Sullivan explained that he has no objection to the matter proceeding before the CIHO as a “proposed trusteeship.”
In a written ruling on the matter, Keller stated that the facts of the matter are that Local 183 retains its full and normal autonomy to conduct business as usual, and none of its board members have been replaced, nor have their powers and authority been in any way curtailed.
As a result, Keller ruled there is, in fact, no existing trusteeship of the local and it must now be determined by him whether the international has the right to impose a trusteeship.
Both LIUNA and Local 183 claim the CIHO’s initial ruling went in their favour.
According to LIUNA, the ruling means the hearing will go ahead and officers of Local 183 must participate in the hearings.
‘This hearing will
demonstrate that
LIUNA’ss allegations
are totally unfounded and motivated only by
a desire to seize control of our membership
and our assets’s
Tony Dionisio
However, Local 183 claims the ruling dealt a serious blow to LIUNA because the arbitrator confirmed there is no existing trusteeship.
Daniel Randazzo, legal counsel for LIUNA central and eastern Canada, said the decision is a welcome one for the international.
“Local 183 officials will finally have to answer serious allegations of breaches of the union’s ethical practices code.
“In his decision, Mr. Keller has said that the proposed trusteeship is not yet in effect, and the legal basis to enforce the trusteeship requires his approval. This is what we have said throughout. We are extremely pleased with Mr. Keller’s decision.”
However, Tony Dionisio, business manager for Local 183, said the ruling is a victory for his side because it further thwarts an attempt by LIUNA to take over the local.
“We look forward to a full airing of the evidence before Mr. Keller,” said Dionisio. “This hearing will demonstrate that LIUNA’s allegations are totally unfounded and motivated only by a desire to seize control of our membership and our assets.”
Local 183 claims that since 1994, LIUNA’s Washington-based leadership has repeatedly tried to alter the jurisdiction of Local 183, take over its leadership and break it up.
The battle between Local 183 and LIUNA has been ongoing for months and started when other affiliates of LIUNA complained about the union.
Since then, the two sides have issued numerous statements with different spins and appeared before the Ontario Labour Relations Board on a number of occasions.
Local 183 has thousands of members working on construction sites across southern Ontario. LIUNA represents 65,000 construction workers throughout Canada and approximately 850,000 members throughout North America.
Print | Email | Comment
