In accordance with Bylaw 9, both the Appellants and Respondent applied for Leave to Appeal the decision of Judicial Council. The Provincial Council
Appeal Committee panel found that:

1. In the matter of the Barry Weisleder (Respondent) request with regard to
the decision made by Judicial Council on the actual charges, the Request for
Leave to Appeal does not meet the requirements of Bylaw 9.2.3 and is
therefore denied.

2. In the matter of the Joan Farrell Request (on behalf of the
Complainants), regarding the penalty imposed by Judicial Council, Leave to
Appeal is granted.


As a result of the denial of the appeal on the charges, the Provincial
Executive is releasing the Judicial Council decision in this case.
An appeal hearing has been scheduled to hear argument from both sides
regarding the penalty.


NOTICE OF DECISION
On May 27, August 26, 27, 28, and 29, and September 18, 19, 20 and 21, in Toronto, Ontario, the Judicial Council of the Ontario Secondary School
Teachers' Federation held a Hearing into a complaint brought by Liz Barkley, Merlyn Elbourne-James, Don Hinchley, Kate O'Connor, Bill Pryde, Ron Wilson and Lorraine Wright, members of the Occasional Teacher Bargaining Unit (OTBU) of District 12, Toronto against Barry Weisleder, President of the OTBU, District 12, Toronto. Pursuant to OSSTF Bylaw 8.1(b), the respondent was charged with violating a number of OSSTF bylaws. The original 24 charges were reduced and combined to create the final list of charges heard by the panel which is attached as Appendix 1.

 Detailed Bylaw references may be found in the OSSTF Handbook, 2001-02, and in the Constitution and Bylaws of District 12 and the OTBU of District 12, OSSTF, 2001-02.

Appearing on behalf of the complainant was Joan Farrell, retired secretariat
member of OSSTF. Liz Barkley represented the complainants during the
Hearing. Appearing on behalf of the respondent was Roger Leblanc, retired
secretariat member of OSSTF. Members of the Judicial Council Hearing panel were Mike LaRose, Chairperson (District 29, Hastings-Prince Edward), Linda Daniels (District 4 Near North), Ray Marshall (District 22, Niagara), and Ruth Wulwik, (District 19, Peel).

DECISION
The panel considered the objection raised in closing argument that some
charges should be dismissed because of lack to bylaw specificity in charges
laid pursuant to Bylaw 8.1 and made the following findings:

1. Opportunities existed both at discovery and in the day devoted to
preliminary motions for this concern to have been raised and more
particulars requested.
2. There is no apparent prejudice to the respondent because of lack of bylaw specificity. Testimony on both sides revolved around documentary evidence and incidents cited.

The panel heard from many witnesses on both sides. At times there was a
conflict in the testimony. The witnesses for the Respondent tended to read
from pre-scripted notes and the panel took that into account in assessing
the weight to be given the evidence.

DECISIONS WITH RESPECT TO THE CHARGES (SEE APPENDIX 1)

Charge 1, 23 and 24 Mr. Weisleder was found guilty of violating OSSTF Bylaw 4, Ethics 4.4, 4.5, and 4.7 and Ethics 3.3 in that he issued more than one public document that identified members of his Bargaining Unit by name and/or executive position, that used unprofessional and malicious language and that impugned the integrity of those accused, whether named or implied. Testimony from witnesses of both the complainant and respondent established that the identities of those referred to in the documents entitled "The Not So Hidden Agenda of the Disloyal Opposition" and "President's Report to the March 20th, 2002 general meeting" were widely known. Mr. Weisleder's documents characterized those who opposed him by use of epithets as "collaborators","disrupters", "rude" and "duplicitous" and repeatedly accusing them of spreading falsehoods. The titles of subsections of the document entitled "The Not So Hidden Agenda of the Disloyal Opposition" exemplify these malicious misrepresentations of the intentions and actions of long standing and dedicated union officers. These titles include: "Creeping Censorship"; "Usurping Members' Right to Grieve", "PD Give Away", "Hurtful Pryde", "Bogus Minutes Baffle Brains" and "Disdain for Daily Substitutes". The panel found that the accusations in these documents were not borne out by the evidence.

Demeaning statements were also made in Executive meetings and general
meetings which constitute public criticism and attacks on either the
competence or reputations of colleagues. Testimony established that in at
least one Executive meeting Mr. Weisleder called the Grievance Officer
incompetent. Mr. Weisleder testified himself to using sarcasm when he
addressed the Secretary, and interrupting the Treasurer's report. He
acknowledged having publicly accused members of the previous OTBU bargaining team and the teacher bargaining team of selling out his members.
The panel found that the nature of these documents and comments exceeded what might normally be expected in political criticism and that it was impossible for the respondents to clear their reputations because they were unaware of the full extent and manner of distribution of the documents. Mr. Weisleder admitted circulating e-mails by means of the "blind copy" feature which prevented recipients from knowing the actual distribution of the e-mailed documents.

As well, Mr Weisleder intimidated several female members of his Bargaining
Unit Executive and some District 12 office staff. In one document, Mr.
Weisleder characterized one of his female Executive members as a
"not-too-swift informant". It was established that Mr. Weisleder threatened
some of his female opponents with the phrases: "I am going to get you" and
"what goes around, comes around". The preponderance of evidence with respect to his relations with the office staff characterized his behaviour as making persistent demands and making them feel uncomfortable. It was established that because of his behaviour with the staff on the 3rd floor of the office, the Teacher Bargaining Unit Plant Manager installed a peephole and other security measures to ensure that Mr. Weisleder was not left alone with the female staff.

OSSTF Ethics Bylaw 3.3 states "The member's professional conduct should be characterized by courtesy and good faith, and should imply the obligation to refrain from public criticism of the member's colleagues". Ethics 4.4 states
that "a member shall exert every effort....to promote a climate that
encourages the free exercise of professional judgment, to foster
co-operative relationships among colleagues". Ethics 4.5 calls for the use
only of positive criticism through proper channels within the Federation.
Ethics 4.7 calls upon members to "endeavour at all times to enhance public
regard for all members". The panel found that Mr. Weisleder violated these
bylaws.

Charge 2
The panel found that Barry Weisleder was guilty of violating Bylaw 23.14.7
in that the bargaining unit (of which he was President and Chief Negotiator)
did not prepare a negotiating brief in accordance with the Bargaining Unit's
Constitution and Bylaws. Mr. Weisleder accepted responsibility for this
function of a bargaining unit in his own description of the OTBU President's
responsibilities as including "prepare Collective Bargaining issues and lead
the bargaining team". Articles 8.2.2 and 9.1.1 of the District 12 OTBU
Constitution were violated in that the Collective Bargaining Committee was
not "comprised of members volunteering from the general membership through  their respective branches" but rather people hand-selected by Mr. Weisleder.

Article 9.1 was violated in that the Collective Bargaining Committee was not
a properly constituted standing committee but included in the President's
monthly agendas as an executive subcommittee. OTBU Bylaws 12.1 and 12.1.1. were violated because the input solicited from the membership in the
bargaining survey was not solicited by the negotiating team.

Charge 4
Mr. Weisleder violated OSSTF Bylaws 18.1.1. and 23.14.4 in that he advocated the contravention of established OSSTF practice in misrepresenting OSSTF positions on contract maintenance including the establishment of a grievance appeals process, characterizing it as "usurping members right to grieve" and intended to "limit or restrict grievance rights". He usurped the role of the constitutionally appointed Grievance Officer and thus violated OTBU Bylaw 10.5.2. Mr. Weisleder testified that he handled the grievances for the unit, and testimony established that although the Grievance officer's name was put on the agenda beside the Grievance report, the report was usually given by Mr. Weisleder.

Charge 6
Mr.Weisleder was found guilty of a breach of Bylaw1.1 of the District 12
OTBU Constitution in that the Bargaining Unit Executive did not meet once
per month and there was no schedule of meeting dates published.

Charge 9/18/19
The panel found that Mr. Weisleder was guilty of violating OSSTF Bylaw 23.22 because all bargaining unit funds were not the responsibility of the
Bargaining Unit Treasurer. Mr Weisleder usurped many of the duties of the
2001-02 Treasurer including handling expense vouchers, control of the bank book, and drafting the budget. The treasurer made attempts to do her job, including attending Treasurer's Workshops and meeting regularly with the District Treasurer. In addition, the funds remaining in the bargaining
unit's Province of Ontario Savings Office account, whose records were at the time in the sole possession of Mr. Weisleder , were not reflected in the
Annual Financial Report.

Charge 11a
Mr. Weisleder was found guilty of breach of OTBU Bylaws 10.3.2 and 10.3.3 The panel found that the President usurped the role of the Bargaining Unit Secretary and attempted to manipulate and alter the minutes of Executive meetings. The minutes of Executive meetings and testimony of observers present at the meetings show that whenever Mr. Weisleder held the balance of the votes, motions were routinely altered as part of approving the minutes.Mr. Weisleder and others testified that he set up a committee of "Table Officers" with the purpose of rewriting the Secretary's minutes between meetings of the Executive.

Charge 13
Mr. Weisleder was found guilty of a breach of OSSTF Bylaw 23.14.14 to the extent that Mr Weisleder did not cooperate with the building security
procedures in place for the Bathurst St. office building. He disregarded
warning memos and exposed the District to potential financial loss. He
admitted leaving doors open, although no malice was intended.

Charge 16
Mr. Weisleder was found guilty of a breach of OSSTF Rules of Order 2.8 and 2.12 in that he debated and voted on resolutions while chairing meetings.

The panel found that the level of Mr. Weisleder's involvement in debate
exceeded that which is allowable under normal explanations from the Chair.

Charges Not Upheld
The panel found that charges of a breach of the following bylaws and rules
of the OSSTF Constitution and of the District 12 OTBU Constitution were not proven or the bylaw cited in the charge did not apply:
* charge 1 - Bylaw 4, Ethics 4.6
* charge 2 - Bylaw 19.1.4., Bylaw 23.14. 6.1, Bylaw 23.14.6.2, Bylaw 23.20,
- OTBU 6.1.2, 8.1, 8.1.1, 8.2, 8.2, 8.2.1, 8.3 , 9.1.2, 9.4, 12.1.2, 12.1.5
* charge 3 - Bylaw 23. 14.17, 5.3.1., 5.3.2., 5.3.3., 5.3.4, 4.6
- OTBU Bylaw 9.1.3
* charge 6 -Bylaw 23.14.4
* charge 9 -Bylaw 19.1.2.; charge 18 - 23.22 and OTBU Bylaw 14.2;
* charge 11b - Bylaw 23.14.18
* charge 14 - OTBU Bylaw 10.2.1, Bylaw 23
* charge 15 - Bylaws 3.1, 3.3, 4.4, 4.5, 25.1.1 and Rules 2.3, 2.8
- OTBU Articles 3.1, 3.2.1, 3.2.2.1, and Bylaw 4.1 and 8.1
* charge 16 - Bylaw 5.3 and Rules of Order 2.3, 2.6, 3.1.2, 5.5 and 5.10.3
- OTBU Articles 1.1.12, 3.2.1, 10.1.1, and OTBU Bylaws 4.1, 8.1

The panel determined that Judicial Council has no jurisdiction over issue of
duty of fair representation or the collective agreement. Bylaw 23.21 states
"The Provincial Bargaining Agent, and any subdivision thereof, having
responsibility for the negotiation or administration of collective
agreement, shall be subject to the duty of fair representation as required
by the Ontario Labour Relations Act. No complaint alleging a breach of this
bylaw shall be made to, or filed with, the Judicial Council". Thus charge 2
(alleged breach of Bylaw 23.21) and the parts of charge 4 and 19 which also refer to the duty of fair representation under Bylaw 23.18 are beyond the jurisdiction of Judicial Council. The panel also declines jurisdiction over
Charge 19 as it pertains to the enforcement of collective agreement article
25.2.0. Nothing in the bylaws gives Judicial Council any authority over a
collective agreement.

PENALTY
The panel found that Mr. Weisleder has failed to meet the standard expected of an OSSTF bargaining unit president. Mr. Weisleder's behaviour has contributed to an atmosphere of disrespect for colleagues and distrust of OSSTF beyond his unit. His behaviour has created rifts within the bargaining unit, diminishing its effectiveness by diverting energy and resources away from its obligations to its members. This is an extraordinary circumstance that requires an extraordinary remedy and a significant period of time for healing and the restoration of normal union procedures. The panel felt that Mr. Weisleder's domination of the unit is so extensive that he needed to be removed for the necessary changes to be made. Pursuant to Bylaw 8.8 5, Judicial Council has decided that the member be reprimanded, suspended from all OSSTF offices he currently holds for the remainder of their terms, and declared ineligible to hold OSSTF office for a period of 18 months from the date this suspension takes effect. The panel further decided pursuant to Bylaw 8.9.1 that the name of the member, a brief summary of the charges upheld and the penalties be published in OSSTF Update.

OTHER RECOMMENDATIONS FROM JUDICIAL COUNCIL
1. The District 12 Occasional Teacher Bargaining Unit Constitution and
Bylaws do not fit the current practices of the bargaining unit and do not
fulfil all of the obligations of an OSSTF bargaining unit. Judicial Council
recommends that the Executive of the District 12 OTBU seek written advice and recommendations from the OSSTF Parliamentary and Constitution Council regarding appropriate constitutional amendments including:
* adjustments to fit current practice
* necessary elements to fulfil the obligations of a bargaining unit
* committee structure and duties
* appropriate authority for editing and producing a newsletter
2. The District 12 Occasional Teacher Bargaining Unit Treasurer and District Treasurer should seek training from the Provincial Treasurer and Controller regarding appropriate accounting practices for the bargaining unit and compliance with the OSSTF Treasurer's Handbook.
3. The District 12 OTBU Executive should meet with provincial OSSTF staff to
obtain training on appropriate duties and obligations of a bargaining unit
with respect to grievances, including the role of a Grievance Officer. The
Grievance Officer should be invited to attend CBC Contract Maintenance
training workshops.
4. Appropriate motions should be presented to the District 12 OTBU Executive
each year for time release requests under the collective agreement and to
approve any vacation for time release personnel during the regular school
year.




APPENDIX A: Charges in Case 136

Charge #1
Mr Weisleder has breached OSSTF Bylaw 4 - Ethics, Sections 4.4, 4.5, 4.6 and
4.7 by continued harassment of OSSTF members and non-members and has also
defamed them verbally and in print. These communications have been
distributed internally and externally without the prior knowledge or consent
of the persons named.

Charge #2
Mr Weisleder has breached OSSTF Bylaw 19.1.4, 23.14.6.1, 23.14.6.2, 23.14.7,
23.20 and 23.21 and the Local Constitution Articles 6.1.2, 8.1, 8.1.1, 8.2,
8.2.1, 8.2.2, 8.3, 9.1, 9.1.1, 9.1.2, 9.4, Bylaws 12.1, 12.1.1, 12.1.2, and
12.1.5 in that he has not compiled with the direction to have elected or
selected a Chief Negotiator, has not formed a Collective Bargaining
Committee and has not complied with the District 12 OTBU Constitution
related to a Collective Bargaining Survey.

Charge #3
Mr Weisleder has breached OSSTF Bylaw 23.14 in that he has no formal process in place for the creation and approval of a Bargaining Unit newsletter and
further has not complied with Bylaw 9 of his local Constitution. At the
latest General Meeting, March 20, 2002, a motion was passed referring to a newsletter process that was clearly a breach of OSSTF Bylaw 5.3.1, 5.3.2, 5.3.3, 5.3.4, and 4.6.

Charge #4
Mr Weisleder has breached OSSTF Bylaw 18.1.1, 23.14.4 and 23.18 in that he has continually resisted the creation of a Grievance Committee and a
Grievance Appeal Process as well as usurped the role of the duly elected
Grievance Officer and prevented Executive members from carrying out their
duties under Bylaw 10.5.2. He knowingly misrepresented the purpose of
grievances, the membership rights under the OLRA and provincial Constitution and Bylaws regarding grievance arbitration.

Charge #6
Mr Weisleder has breached OSSTF Bylaw 23.14.4 and Local Constitution Article
1.1 that the Bargaining Unit Executive does not meet a minimum of once per
month during the school year and no schedule of meeting dates was published.


Charge #9
Mr Weisleder has breached OSSTF Bylaw 23.22 in that there has not been any accountability in regards to his paid vacation(s), official sanction of his
paid work time, office funding or an expense schedule for members (other
than executive meetings). No motions exist for the foregoing.- -violation of
Bylaw 19.12 and the District 12 Constitution regarding spending authority in
a Bargaining Unit. Mr. Weisleder requested that District treasurer to pay
expenses re CLC Convention when no motion was passed by the General Meeting
nor by the Bargaining Unit Executive to pay the costs.

Charge #11(a)
Mr Weisleder has breached Bylaw 10.3.2 and 10.3.3 of Local Constitution in that the Secretary's official minutes of meetings are manipulated and
altered by the President before distribution.

Charge #11(b)
Mr Weisleder has also breached OSSTF Bylaw 23.14.18 in that he altered the order of alternates and misled the District treasurer about the results of
the election for alternates to AMPA.

Charge #13
Mr Weisleder has breached OSSTF Bylaw 23.14.14 in that he repeatedly ignores
District 12 requests to stop demanding assistance from the District 12
office staff to which he was not entitled and to stop entry to the District
12 property and attempts to enter the District 12 property without
permission.

Charge #14
Mr Weisleder has breached Bylaw 10.2.1 of the Local Constitution and OSSTF Bylaw 23 in that the Executive members, specifically the Vice-Presidents, are unable to carry out their responsibilities because all of the Bargaining Unit files and materials are unavailable to them when the President is away for an extended period of time. This breach creates a problem with Fair Representation of Members of the Bargaining Unit; moreover files, materials, minutes etc reside at his home along with the union hotline.


Charge #15
Mr Weisleder has breached Article 3.1, 3.2.1, 3.2.2.1 and Bylaw 4.1 and 8.1 of the Local Constitution and OSSTF Ethics Bylaw Section 3.1, 3.3, Ethics Bylaw Section 4.4, 4.5, Bylaw 25.1.1 and Rules Articles 2.3 and 2.8 in that Mr Weisleder refused to allow previously accepted and approved Agenda items to be discussed and distributed at an Occasional Teachers Executive meeting.

Charge #16
Mr. Weisleder has breached Article 1.1.12, 3.2.1, 10.1.1 and Bylaw 4.1,
5.1.2, 8.1 of the Local Constitution and OSSTF Bylaw 5.3, 23.19.1 and Rules Articles 2.3, 2.6, 2.8, 2.12, 3.12, 5.5 and 5.10.3 in that at General
meetings and at Executive Meetings, Mr. Weisleder has consistently ignored
standard procedural protocols.

Charge #18
Mr Weisleder has breached OSSTF Bylaw 23.22 and local Bylaw 14.2 in that
there are numerous financial irregularities, including but not limited to,
phone charges, costs for attending other unions functions and Barry's
listing of expenses to chief stewards.

Charge #19
Mr Weisleder has breached OSSTF Bylaw 23.18 in that the Bargaining unit hasnever requested a part time leave for the President, as required in Article
25.2.0 of the Collective Agreement.

Charge #23
Mr. Weisleder has breached OSSTF Bylaw 4 - Ethics, Section 3.3 in that
libelous documents authored by him have been disseminated to members of theBargaining Unit.

Charge #24
Mr Weisleder has breached Bylaw 4 - Ethics, in his March 5, 2002 President's report to Executive and March 20, 2002 President's report to the General
Meeting which both contained false information and false allegations against
some members.