Wednesday, September 4, 2013
James Ryan
James Ryan
OECTA, Provincial President
Dear James,
While the 4.13 process appeared to begin in April, 2013
with OECTA Provincial filing an OLRB complaint on behalf of Durham Catholic
teachers, doing so without the approval of the Provincial executive, the first “reason for the penalty” listed in the decision
of the discipline panel related to incidents
which occurred in July, 2012 relating to the MOU, which continues to divide
the Council of Presidents and our members today.
The 2012-2013 year was rife
with strife. Two of the contributing authors
of this MOU document took many opportunities to under-service the Halton
Elementary Unit, whose President was one of the MOU’s most vocal critics. The austerity measures include but are not
limited to:
1) cutting our President off
from communicating with Provincial.
2) The Halton Elementary
President being repeatedly berated and cut off at the microphone at Council of
Presidents meetings by the Provincial President of the day.
3) By repeated requests for
assistance of Provincial regarding the Halton Elementary Death Gratuity falling
on deaf ears – to date these appeals for assistance continue to be ignored. We have been informed that this gratuity has
been deemed VESTED by the Province, the Provincial President of the day and the
Halton Catholic District School Board.
In the interest of Halton Elementary members, our President and the
Halton Elementary Executive had continued to attempt to finally get
Provincial’s assistance regarding the Death Gratuity when the concerns arose
about the financial implications of all Units being painted with the same brush
– our intent was to ensure the decision of the OLRB hearing (whatever it would
be) would not negatively effect any future payout of our members’ vested
days. As an aside, all HCDSB teachers,
as well as other employee groups, have just received notification of the value
of these vested days. This is the result
of the work that Richard Brock and the Halton Elementary Executive have done to
bring the issue of our Death Gratuity to light with the HCDSB and the Ministry
of Education. As you know we have also
appealed to the organization most responsible for assisting us, OECTA
Provincial. To date we are awaiting any
assistance on this matter. What I cannot
understand is why OECTA is unprepared to even discuss it.
4) During the discipline hearing
our President had stated that because he was unable to secure assistance from
Provincial on the wording of the application for Intervener Status, he
requested and received it from the OLRB. This is the application document for
Intervener Status that was submitted and later
retracted once the OLRB complaint on behalf of the Durham teachers was
granted Provincial Executive approval.
5) Our President was removed
from office by a discipline process, without apparent written procedures
outlining said process. These “written
procedures” were repeatedly requested by the respondents’ council and never
provided. The GS, one of the
authors of the very document cited (MOU) in the “reasons for the penalty”, was/is
the sole authority of the entire discipline committee process, including the
determination on whether the original complaint was vexatious and should have
been dismissed or brought before a discipline panel. These very actions call into question his
impartiality, which is the cornerstone of the role of the GS.
6) In their “reasons for the
penalty”, the Discipline Committee appears to have pre-determined a change to our Provincial
Bylaws. They suggest that any
resolution that is approved by the Provincial Executive and Council of
Presidents is an “interest of the association” and cannot be challenged without
the threat of member discipline. Is this
within the scope of their authority, thus circumventing the process by which we
establish bylaws at the AGM? Does this
not promote censorship in a democratic association where presidents act as the
voice of their members? This is a
dangerous precedent to set. It takes away democracy and violates members’
rights and the rights of those members who represent them.
7) Several Halton Elementary members, myself included had sent e-mails in the 2012- 2013 school year
to the Provincial Executive; including the President of the day and the GS
regarding concerns and requesting clarification on various issues. Many of these emails were ignored.
While I understand the task before you and the Provincial Executive on
September 10 & 11 is daunting because it will define OECTA in future, I
trust that you will be cognizant of the fact that Richard Brock, a long time
servant leader to Catholic teachers and OECTA itself is being made an example
of in a flawed and ultimately dangerous process. I do hope that the Provincial Executive has
both the courage and wisdom to demand a thorough and immediate review of the
4.13 discipline process. As the process
is reviewed and hopefully fully revised, I would encourage you to grant a stay
to Richard Brock so he can resume his duties as the duly elected, Halton
Elementary President.
While it is time to look to the future it is also time to reflect on
our past and the words and deeds of our ultimate servant leader, Jesus.
“You know that the rulers of
the Gentiles lord it over them, and their great ones are tyrants over them. It
will not be so among you; but whoever wishes to be great among you must be your
servant, and whoever wishes to be first among you must be your slave; just as
the Son of Man came not to be served but to serve, and to give his life a
ransom for many.” Matthew 20:25-28
Sincere thanks for your consideration,
Nina March
Halton
ElementaryLet's Talk: Reader Comments?
12 comments:
It's Wisdom of Thoth here - in case there are any questions that arise later (it's funny how only my "anonymous" comments are flagged but not the many that support the position of the blogger and his cronies.
1) The General Secretary has NOTHING to do with the discipline process other than deciding whether or not the case gets referred to the Discipline Board. In this case, when a union rep sides with a board against its members, it's pretty straightforward.
2) The former Halton Elementary president should know very well what the process regarding a labour board complaint involves having just been to the labour board where he took his own union and was summarily dismissed. If anything, Mr. Brock's decision to side with a school board in a dispute in another board could be considered vexatious, he had other routes he could have taken but decided not to.
3) Mr. Brock should know what the internal discipline process is and what the potential penalties may be since he has been to over 25 annual meetings where this procedure evolved.
I'm not sure what "flagged" means but every Comment made at my site, pro + con, has been posted.
I mean that I am the only one who seems to get questioned about my "anonymity" - that's all. WoT
Thanks for the clarification. Actually eyeballs would roll around in heads if the names of everyone who sometimes post here were known. I'd rather allow "anonymous" so readers can speak freely as long as we are respectful of each other on an equal basis. Cheers!
VOTE PEDRO! FREE RICHARD!
"The best weapon of a dictatorship is secrecy, but the best weapon of a democracy should be the weapon of openness."---Niels Bohr
David I am posting an email I received about OECTA's new member newsletter :
@OECTA has arrived
This Fall, OECTA launches its new member publication called @OECTA.
This first special edition of the publication includes the written decision of the OECTA discipline panel arising from a complaint against Richard Brock and the Halton Elementary Unit Executive.
This lead story should make Halton OECTA members feel at peace with their union. Does the Bullying of Provincial ever stop? Who is responsible for this "healing" and "moving forward" newsletter item? A new UNBELIEVABLE LOW in OECTA. Who is leading this union? It gets weirder every day.
Anonymous said...
There is no bullying here. Seeking the truth is not bullying.
It is the duty of the Provincial Executive to act in accordance with the Handbook. If they did not pass a motion to appoint all the members of the Discipline Board,and someone acted outside the rules, then they would have no choice but to inform the membership and dismiss the guilty if his/her actions resulted in such a huge miscarriage of justice. I am sure this is what they will do, if they cannot produce the "proof" a previous poster requested.
Unless of course they are in a "cover up" as a previous poster suggested. That would mean that protecting the guilty person who selected his/her own people on the Discipline Board is more important than the AGM, OECTA, and reversing injustice. If this comes to light then OECTA is a farce.
This can all go away by sending out the "appointment motion" with the three names,to all members. Is it there? As the citizens in Missouri say in their state motto, "Show ME".
The unbelievable low is caused when the will of the AGM as found in our Handbook is not followed. The GS and Past President cannot legally claim ignorance. They can claim incompetence.
Mr Brock knows the process so he must know that only the PE can appoint the members of the Discipline Board. I think we are finally zeroing in on the fundamental question. Can a board that does not exist fire a unit president and who .....
ok...show us the members of OECTA the "appointment motion" form with the three proper names..put that in the new @OECTA email newsletter.
Ok...replace Bullying of Provincial with Bullying By Provincial in the above comment to clarify meaning intended
Interesting how deciding whether or not a case gets referred to the Discipline Panel means having nothing to do with the process.
The only way the process gets started is by referral.
The General Secretary had EVERYTHING to do with the discipline process against Richard Brock. Who do you think you are kidding?
If anyone thinks that the way this process has been proceeding is in OECTA's best interest is fooling themselves.
The PE can fix it. They can start by simply buying out the GS contract. It is that easy for a start. And yes they can do that.
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