Opening Statement



Friday, 25 October 2013

Contribute to the Richard Brock Trust Fund!


LEGAL DEFENCE FUND ESTABLISHED FOR  RICHARD BROCK 
(ELECTED PRESIDENT) HALTON ELEMENTARY UNIT OF O.E.C.T.A.
BOB BOYLE........ “TRUSTEE”  FRED SPRINGER........ “TRUSTEE”
YOUR CONTRIBUTIONS WOULD BE GREATLY APPRECIATED, 2013 .... THROUGH ANY BRANCH OF THE C.I.B.C. BANK
TRUST ACCOUNT 
 # 03862 010 5027918 


Funds will be held anonymously in trust + refunded in full if Richard is reinstated beforehand.

WHY CONTRIBUTE TO THE FUND?
RICHARD WAS REMOVED FROM OFFICE AS THE ELECTED PRESIDENT OF HIS UNIT, FOR A TWO (2) YEAR PERIOD;

HE HAS HAD ALL OF HIS OECTA ‘RIGHTS’ AND ‘PRIVELEGES’ REMOVED, YET HE IS STILL REQUIRED TO PAY DUES;

FOR HE WAS FOLLOWING HIS UNIT’S EXECUTIVE MOTION;
BY EXERCISING HIS STATUTORY RIGHT TO APPLY FOR INTERVENING STATUS WITH THE O.L.R.B. IN THE DURHAM  PROCEEDING; 

IN ORDER TO ‘PROTECT HIS MEMBERS RIGHTS’ TO ACCESS COMPENSATION; 

FOR THEIR DEATH GRATUITY THAT EXISTS, NO WHERE ELSE IN THE PROVINCE, ONLY IN HALTON CATHOLIC.
THE HALTON CATHOLIC DEATH GRATUITY WAS NEVER DISCUSSED, NEITHER WITH THE PROVINCIAL GOVERNMENT OR THE PROVINCIAL EXECUTIVE, DURING THE ENTIRE M.O.U. NEGOTIATION PROCESS, UP TO AND INCLUDING JULY 5TH, 2012. ULTIMATELY,  THE MINISTRY OF EDUCATION DEEMED THE SICK DAYS IN HALTON CATHOLIC, AS BEING FULLY VESTED, ON SEPTEMBER 24TH, 2012, INITIATED BY THE UNIT PRESIDENT, TODAY, COMPENSATION DISCUSSIONS, WITH THE PROVINCIAL GOVERNMENT, HAVE YET TO OCCUR.

HE WAS CHARGED WITH ‘NOT PROMOTING THE INTERESTS OF THE ASSOCIATION’;
THESE ALLEGATIONS WERE PRESENTED TO THE DISCIPLINE BOARD BY THE GENERAL SECRETARY OF O.E.C.T.A.;

THIS  DISCIPLINE BOARD  WAS NOT CREATED AS PER THE O.E.C.T.A. HANDBOOK; 

THE ASSOCIATION DISCIPLINE PROCEDURES, BY DENYING LEGAL COUNSEL, FAILS TO MEET THE STANDARD OF  NATURAL JUSTICE, EVEN THOUGH LEGAL COUNCIL ADVISED THIS BOARD. THE ASSOCIATION, THROUGH THOSE WHO KNEW OR OUGHT TO HAVE KNOWN THE LAW OF THE LAND AND THE HANDBOOK, PURSUED A VEXATIOUS COURSE OF DISCIPLINARY HARASSMENT. THE DISCIPLINE BOARD’S GUIDELINES/MANUAL, TO BE USED FOR THE HEARING, WAS DENIED WHEN REQUESTED.

THE DISCIPLINE BOARD LEVIED A GUILTY VERDICT, WITH NO APPEAL PROCESS AVAILABLE IN THE HANDBOOK.
THE CIVIL COURT IS THE ONLY AVENUE, TO OVERTURN THE OUTRAGEOUSLY FLAWED DISCIPLINE PROCESS USED.        

       BOB BOYLE/  FRED SPRINGER......“TRUSTEES"
YOUR CONTRIBUTIONS WOULD BE GREATLY APPRECIATED ...... THROUGH ANY BRANCH OF C.I.B.C.
TRUST ACCOUNT:  # 03862 010 5027918



COMMENTS:

27 comments:

David Chiarelli said...

OECTA Provincials legal aid funding pockets are deep, Richards are of course not. Even non members who would like to see justice done are urged to help out with whatever you can donate. Richard has helped lead the fight against the MOU for the fledging OECTA dissident movement, and even that is now in danger of being snuffed out. Please help.

Anonymous said...

James Ryan talks about relationships and trust, See last 45 seconds of video on: http://www.youtube.com/watch?v=-VtBKA-2WA4

The following was written on, 23 November 2012 at 06:33. We knew this would be needed a year ago.

Anonymous said...
O'Dwyer's friendliness to the Liberals who took away my sick days is dangerous. I notice you put None Dare Call It Treason...a slip?...NO WAY! This guy is dangerous to OECTA members...deny your vote on the MOU...send the Provincial lawyers after any dissent (look out Richard Brock)...and then start a task force..bet the task force never allows a rank and file OECTA member the right to cast a direct vote on those running for Provincial OECTA President. Even his first sentence in his reply... "romantic perception"...such arrogance. Time to retire like McGuinty did! An OECTA member without a vote is an OECTA member without protection! Return the power back to members and fix this union! Adopt the Bill of Rights!
23 November 2012 06:33

Anonymous said...

It will FALL to a challenge. In fact it has to fall to a court challenge.

If the OECTA position is upheld in court the PE and the Handbook will be deemed ineffectual and we would have no rules to govern us. By not ensuring that the by-laws were followed and taking the appropriate action when they found out they were not followed, the PE was in a breach of duty. These duties are clearly stated in our by-laws and constitution.

It is not IN The INTEREST OF THE ASSOCIATION OR THE MEMBERS for OECTA to win a court case on this issue. We would lose every sense and reality of authority our AGM and Provincial Executive have.

If we lose, our Handbook, the authority of the PE, and the will of the AGM will be upheld. It’s time to step back and look at the big picture.

The PE, in James' letter to COP, is actually saying they are relinquishing their authority as stated in our by-laws. If OECTA wins all power will go to unelected persons and, like in this case, a board that never even exists, can wield great power. James’ letter to COP makes it impossible for us to win and I am sure James’ knows this. He also admitted in writing that the Discipline Board that met in February had no constitutional authority. The report from that body then has zero validity and cannot be relied upon legally in any sense.

To help ourselves we must lose this case. Thanks James.

Anonymous said...

It is ridiculous that he does not have access to a union lawyer as he has been a President for 25 years and paid his dues! First they do him and then he does not have the right to an OECTA lawyer.
This adds insult to injury!

Anonymous said...

First they came for the communists,
and I didn't speak out because I wasn't a communist.

Then they came for the socialists,
and I didn't speak out because I wasn't a socialist.

Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.

Then they came for me,
and there was no one left to speak for me.

Anonymous said...

"Do unto others what you would have them do to you".

David Chiarelli said...

Hope for the best but expect the worst! Every $ helps! Richard has a damn good chance of winning but 4 the legal costs, if OECTA won't budge! Everybody can help. Non OECTA members: How confident are you going to be at this years contact talks if OECTA censures + punishes its own anti MOU critics? Please help!

Anonymous said...

Very interesting where the truth has brought a fellow union.

If Richard Brock wins, the authority of their AGM and the Handbook will be upheld by a court of law.

If OECTA wins they would have to show that following the by-laws and constitution are not required to fire someone. They would have to show that a report written by a group that was illegally called to a meeting supersedes the constitution and the by-laws. They would have to show that a procedure can be enacted in direct violation of the by-laws and the constitution. If OECTA wins the AGM and the Handbook would be deemed as having zero authority.

Richard is trying to save this association from self-destruction. I have taken many law courses and any lawyer that would advise OECTA to try to make this case needs to show extreme caution.

From an outside point of view, this is very troubling. If OECTA wins then it would cause a precedence and all union constitutions and by-laws could be disregarded. Those who oppose unions would have a field day and the efforts to remove the RAND formula will have so much momentum it would be unstoppable. All unions who care about there own future and public support in their endeavors need to support Richard's case and seriously think about having intervenor status.

I will be attending the OFL convention and I hope we all approach the OECTA delegation and make this clear to them.

OECTA, you are playing right into the hands of those that would have all of us gone, Mr. Hudak will shove the fact that OECTA does not even follow its own rules, right into all of our faces. He will say that unions don't follow their own rules and therfore cannot be trusted to serve their own members and our members will have proof that it is true.

Mr. Ryan, you do understand this, I hope. There is still time but not much. This goes far beyond signing a petition. It is about survival against a well organized and determined opposition.

OECTA, please do not put another dagger into the heart of unionism. The previous president did enough damage. The current president now has a huge responsibility within and outside of OECTA.

Anonymous said...

James Ryan and the Provincial Executive can fix this problem before it hits the courts.

Use the OECTA lawyers to create a PROACTIVE solution to this crisis.

REACT and LEAD. It would be nice to see real leadership at Oecta's darkest hour!

And then to empower OECTA members, enshrine the OECTA BILL OF MEMBERS' RIGHTS to control absolute power in this union. Power begins and ends with OECTA members having rights that members in ETFO and OSSTF already have.

Anonymous said...

I am the member of another teacher union (not OECTA). I will be attending the OFL convention and would certainly be open to speaking to OECTA members there about not allowing their leadership to repeat past mistakes. But OECTA leaders don't seem to give a rat's ass what their members think, quite frankly, so I think it's just going to be wasted air. Also, most of the delegates at OFL are local presidents who endorsed the OECTA MOU, so again, not holding my breath anything's going to change on that front. In the meantime, I'll be contributing to Mr. Brock's legal defence fund. I won't be able to contribute much - $100 - but if every OSSTF and ETFO member contributed just one dollar to his legal fund then Mr. Brock could ensure himself a good defence that just might help all of us out during 2014 negotiations.

Anonymous said...

Surprise! The same union leadership that didn't allow its membership to vote on the MOU won't stand up now against improper procedure and power abuse and do the right thing! KARMA comes back to haunt OECTA. What exactly do they represent? It sure would be nice to see OECTA "SPEAK UP FOR OECTA MEMBERS."

David Chiarelli said...

Great! Thanks for this perspective and of course your donation! You make an excellent point: OSSTF + ETFO members will be sitting down at the PDT contract talks this year with OECTA as they censure anti MOU member Richard Brock and appoint MOU architect Richard Brock to the CB/ Contract services team. What credibility does that have?!? Hopefully they will wake up before its too late and realize censorship and fancy political foot work aren't going to fool anybody into believing or trusting them anymore, unless, of course, all the affiliate leaders are just as delusional!
All the more reason for everyone to donate to Richards legal defence fund so he doesn't just get buried in expensive OECTA law suits in hopes he will go away.

David Chiarelli said...

Ooops! I of course was referring to MOU architect Past President + new CB/Contract Service appointee Kevin OD!

Anonymous said...

For those of you attending the OFL convention I wouldn't get too excited about seeing an OECTA delegation there. They are far too Liberal to attend. Kathleen probably has them cleaning her floors that day. On their hands and knees of course with your collective agreement.

Anonymous said...

It is truly unfortunate that President James Ryan must clean up the mess created by the previous provincial administration but he must do it anyway! Go James!

Anonymous said...

Why would OECTA be supporting the Liberals after last year's debacle? This does not make sense. I just heard that are 15 vacant places for OECTA members at the OFL convention. Is this a fact? If so. why? We should be using every opportunity to build solidarity with our sibling unions and both political parties!

Anonymous said...

If there are 15 open spots then it is clear that unit presidents are staying away because they can't support what the leadership has done to labour. It would be interesting to see how many only stay a day or two. By the the afternoon of the third day I am thinking that over 60% of the OECTA seats will be empty. Someone who is there should take a picture of the empty seats and send it to David so he can post it on this blog.

I hope that the OECTA members who are there hear loud and clear what the rest of in labour are thinking.

Anonymous said...

Many of us would like to go to the OFL convention. Why not put the spots out there and let us go! We are not afraid and will support Catholic education and Syd Ryan without any reservations!

Anonymous said...

Shades of the ghost of Kevin O'Dwyer. Evil lives on after its author is gone. President James Ryan has a big job to do and must do it soon. Our union has to be transparent and accountable and clearly representing its members' interests and rights!

Anonymous said...

It's Halloween in OECTA...You Can't Kill the boogeyman or the leftover effects of the MOU. Count Floyd finds this SCARY!

Anonymous said...

I am so glad that the 15 unit presidents are showing some gumption by boycotting the OFL convention! WE need more leaders like this! Fence sitters are passé and not appreciated. Take a stand for your members as you were elected to do -unit presidents!

Anonymous said...

Don't make those seats available. No one knew that this was the reason they were available. We are not SCABS and support those principled OECTA leaders who are boycotting the OFL conference!

David Chiarelli said...

Hmmm. Not sure I follow your argument. Why would the OECTA Presidents in question boycott the OFL? Isn't OECTA supposed to be in solidarity with OSSTF, ETFO, CUPE and the other teacher/ education workers in Ontario?

Anonymous said...

I don't think there is a boycott. Presidents just are not applying to go. Why they are not applying to go is up to speculation. Even so, it is troubling that we can't fill our allotment. If the other labour groups start approaching them it could be a very interesting encounter. But all will be told not to answer any questions and to refer all to James Ryan. The clasps on OECTA lips will be heavy, tight, and locked.

Anonymous said...

Ideas for OECTA Halloween costumes

MARSHALL JARVIS...COULD GO AS OSAMA BIN LADEN...A MAN WHO INTERPRETED THE "QURAN" HIS WAY AND THE REST OF THE WORLD IS STILL SUFFERING.
"Muslims consider the Quran to be the only book that has been protected by God from distortion or corruption"
WIKIPEDIA

KEVIN O'DWYER...COULD GO AS MIKE DUFFY...A MAN WHO IS CONFUSED BY THE TERM "PRIMARY RESIDENCE".

“The victims here are the Canadian people who expect from all parliamentarians that they will treat public money with the appropriate respect and integrity it deserves. It is not appropriate for people to claim an expense that they really did not incur even though they think they can technically argue it is somehow within the rules.” THE STAR.COM





Anonymous said...

I think that cowardice is killing our union. We need strong and truthful leaders and strong members to turn this situation around. Free Richard and make our union transparent and accountable. Silence indicates consent and our members are consenting to a lot of evil!

Anonymous said...

Justice will come in OECTA even if it seems painfully slow right now.

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