Opening Statement



Saturday, 1 February 2014

Court Rules in Dismissed Union President's Favour!



Ontario Taxi Workers Union president Ejaz Butt: Going my way?

An Ontario Superior Court judge has reinstated Ejaz Butt as President of the Ontario Taxi Workers Union. He had been impeached and expelled by the board of directors last August. There had been an internal political dispute concerning the union's bargaining team. The judge's ruling is based upon the board of directors not following the proper procedures to remove him. He notes;

"In my view, the removal of the president is a matter .... which is of vital interest to the union membership. It is evident that the removal of the president from office is a matter which might adversely affect the good and welfare of the union."


Both parties have now been referred back to the union constitution to find a way to resolve the outstanding issues. Here is the article @ Spec.com

Here's the text of the court decision for your consideration @ Court Decision

Note that the union leaders will meet with their lawyers next week to decide whether to appeal the decision or seek another way to heal the rift.

Your homework thoughtful readers is to consider:

-What similarities and differences are there in the case of President Butt and OECTA Elementary Local Unit's Richard Brock? The reasons for dismissal aren't the same, but at question here is the legitimacy of how Mr. Brock was removed from office.

-Would a civil court rule similarly in Mr. Brock's favour if he could afford to get the case heard?

-Which would be the best course of action for the board of directors to take; a court appeal or an internal settlement of the dispute. For Butt? For Mr. Brock? **


** Other related: It would be interesting to know if the union paid Mr. Butt's legal expenses to take the case to court. That information is not provided in the article.

Some Blog Links to the Richard Brock Case:

The controversial OECTA Discipline Panel decision to remove local President Richard Brock is @ this link!

The unanswered questions on how President Richard Brock was removed from office are @ Brock?

For more info, and to help with his court fees see the Reinstate President Richard Brock Trust Fund @ Here!

COMMENTS:

18 comments:

Anonymous said...

A wake up quote that OECTA's Provincial Executive might want to ponder:

"If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse and you say that you are neutral, the mouse will not appreciate your neutrality."
---Desmond Tutu

David Chiarelli said...

Nice one! How true! I'm afraid injustice has become just a by word in politics today, in so many cases being discussed on my blog: OECTA, Toronto, Ontario, Canadian, world politics etc. etc. etc.

Instead of leading, folks just throw their hands in their air and plead neutrality -a major cop out for the reasons Tutu has stated.
But I think I [we] also show my age. Nobody else seems to really care anymore. It's like shouting into the wind. And those who will oppress know this and are taking full of advantage of it too push
things as far as they can go to their own advantage. None of us will be any better off for it in the long run -far from it.

Anonymous said...

So while Rome burns and the Halton Executive Unit gets harassed the Provincial Executive fiddle and nothing gets done.

David Chiarelli said...

Sure looks that way.

Anonymous said...

At some point, the Provincial Executive has to decide whether it represents dues paying unit members above OECTA employees or vice versa. Oh yeah and doing the right thing for a change might be nice and timely!

Anonymous said...

Richard has no money worries regarding his case. Whoever is asserting this is misinformed. With this precedent-setting case ,Richard Brock's case just got even STRONGER if such as thing is possible as it was already a WINNER! The courts are obviously not tolerating union abuse of the justice system!

David Chiarelli said...

OECTA will not pay Brocks legal bills to take his case to civil court. They have also asked him in court to prove that they are his employers. Ridiculous really, but again will cosy him more money. Lawyers are not cheap, far from it.

One would think they would just settle this directly with him, or rather reinstate him immediately and have it dealt with properly at AGM.

Since that most regretfully is not happening I would still encourage everyone who can to help out with his trust fund. I understand so units have even made a contribution

Its unclear to me who is responsible for deciding to go the legal route, instructing the lawyer and approving funding for this.

Maybe somebody else knows?

Anonymous said...

Provincial has unlimited funds in the form of member dues (to pay legal fees for its frivilous and vexation cases). As it is now Provincial can freely access member funds to persecute individual OECTA members. Hopefully the AGM will establish clear and unequivical limits to how Provincial can spend member dues as this needless waste of our funds totally galls members!

David Chiarelli said...

One hopes so! However, are enough members in the know about the issue and if so are they attending as delegates? Also note that most units vote in block. It will be interesting to see how each responds. Could be very telling. I haven't seen the motions yet. Is there one dealing with the issue?

Anonymous said...

OECTA Provincial reminds me of the Vatican covering up the diddling of little boys. Not nice when our dues paying members can get screwed by non-member hired help and supported by the PE who can do something about it but does not. Not likely happen in the corporate world where you fix something so that it doesn't cost you money or reputation.

Anonymous said...

It would be nice to see OECTA Provincial do the right thing and back off their closing down of the legal defence trust fund and any units who made donations to it in the hope of fighting injustice. Strange that James Ryan gave permission to units to donate money to the legal defence fund but now is demanding immediate repayment of donations by these same units? There's a proud moment.

Anonymous said...

Provincial President James Ryan seems to be flip flopping a lot. Is he the strong leader that we need to stand up to the Provincial Government bullies that have already placed teachers in a postion of double jeopardy to pay for their waste! This is not clear!

David Chiarelli said...

Guest blogs welcome..........

Seriously, its up to your OECTA leaders + members to take a stand and stop getting pussy whipped. Regardless of what more BS happens from here on in, no good can come of it in the long run. The story is out there, I really don't know what more I can do.

I have provided a platform, as I do for many Ontario teacher, union, political + social justice issues. I'd suppose the March OECTA AGM might be a good chance for you to deal with the problems, but I somehow doubt it will happen. Still expect the worst and hope to be pleasantly surprised...?

So, where do you go, if anywhere, from here?

Anonymous said...

Dealing with the issue of dictators and dictatorships is long overdue. We must take back the authority of the AGM and the union which is being abused and debased by our so called leaders NOW. Halton President Richard Brock and indeed all of the Halton unit are being openly persecuted by the dictators and we as delegates must stop this as it has ruined the integrity and credibility of our union altogether. Remember we are the authority of the union, not these shameless dictators and oppressors! Support Action Directive 134 at the AGM! We must save OECTA and our members from these power crazed individuals! We can restore order to our union we can also save millions of dollars in legal fees for future averted fivilous and vexatious cases! We can replace these wrongdoers with good people who are interested in furthering the rights and interests of our MEMBERS not just in furthering their own nefarious ones!

Anonymous said...

The Ukraine just got rid of its corrupt officials; we need to do the same, If we want to get rid of the nefarious dictators we can do it at the AGM. Let's stop them in their tracks! they are trying to frighten the delegates by using Halton exec as an example of what happens to people who support JUSTICE. We must show them that we are not AFRAID of them and that we do not appreciate their debasement of our union!

Anonymous said...

Down with tyrants and tyranny! Obey the law OECTA! Richard Brock has a right to go to court and his unit has the right to fund raise for his defense! END of STORY! Stop attacking and persecuting your own members!

Anonymous said...

Will OECTA Provincial be allowed to continue its Machiavellian policy, and will due- paying Members continue to foot the bill? Stay tuned to the upcoming AGM to find out!

Anonymous said...

NO one is above the law including our provincial executive. Your Waterloo is inevitable and it is imminent! Members are not as dense as you think they are!

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