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 full wording of the bylaws may be found in the OSSTF Handbook, which may be accessed on line via http://www.osstf.on.ca/index.html.
Excerpts from the Judicial Council decision
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. 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. As well, Mr Weisleder intimidated
several female members of his bargaining unit executive and some District 12
office staff.
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. Articles 8.2.2 and 9.1 of the District 12 OTBU Constitution were violated in that the collective bargaining committee was improperly constituted. 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.
Mr Weisleder violated OSSTF Bylaws 18.1.1 and 23.14.4 in misrepresenting OSSTF positions on grievances, characterizing it as "usurping members right to grieve." He usurped the role of the constitutionally appointed grievance officer and thus violated OTBU Bylaw 10.5.2.
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.
He was found 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.
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.
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 office building. He was also 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.
Penalty
The Judicial Council 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.
The Provincial Council Appeals Committee heard an appeal into the case on
Dec. 5, 2002 and in accordance with Bylaw 9.4.3.2 varied the length of the
penalty for Barry Weisleder as follows: that from January 1, 2003 to August 31,
2005,
a) he is suspended from all OSSTF offices he currently holds, either
local or provincial; and
b) he is ineligible to hold any office either local
or provincial.