The Vince Ready Decision

Between the TWU and George Doubt and Sherryl Anderson

I’m not going to post the decision in it’s entirety but I will quote it and comment on it. Most of the members of the TWU have seen or have access to the decision.

Let me begin by stating that Vince Ready is the most respected arbitrator in British Columbia. He’s not some fly by night wing nut. He has a renowned reputation for being fair and insightful and has been asked to mediate some very significant disputes.

Having said that I was surprised to hear he was arbitrating Sherry Anderson’s case with George Doubt and the TWU. Once again he proved to be fair and insightful.

I will note that the last paragraph of page 22 of the decision clearly states: “There is nothing in the terms of reference in these proceedings or in the original Decision of Final Resolve that prevents Anderson from seeking office in the future.”

You can’t get any clearer than that. Sherryl was never terminated from working at TELUS. As an employee at TELUS she is still entitled to run for office. Page 24 of the Ready decision states:

“I find that high-handed conduct is a good description for the way in which Doubt and other members of the Executive Council acting on behalf of the TWU blocked Anderson’s right to a fair hearing. .. the physical and mental distress Anderson experienced as a result of the Decision of Final Resolve was prolonged and worsened by the continuing injustice perpetuated against her.”

Page 25 states: “the TWU breached its duty of care to Anderson when it decided to remove her from office in response to Doubt’s complaint and contrary to the Constitution. It is evident that the blatant manipulation of the Harassment Policy in order to oust Anderson from her position caused her a great deal of pain and suffering.”

As a result Sherryl was awarded tort damagers for negligent infliction of mental suffering and aggravated damages for the manner of the breach and the manner of the tort.

“In adopting the Decision of Final Resolve, the TWU Executive Council ignored both the Court’s decision in Bell, supra, and the Constitution. This time they used the Harassment Policy to remove an elected officer before the end of their term. The abuse of process to which they subjected Anderson is deserving of harsh condemnation. This Union must realize that its elected officers ‘…are not tissues to be used up and then thrown out at a whim…’ Consequently punitive damages were awarded as well.

Finally the Union’s response to Anderson’s requests for representation was also disturbing. Anderson sought to have a Union member represent her as was the practice in internal disputes. The Union put time and effort, including its legal resources, into ensuring that Anderson could not have the representation of choice.” As a result Sherryl was awarded her legal costs as well which she had to front out of her own pocket.

There are two issues on the table. They knowingly violated the Constitution and ironically abused the Harassment Policy to unlawfully fire her from her position on the executive as Secretary Treasurer in charges of finances. Then they continued to railroad her and continued to perpetuate injustice against her. Just like they did with Lila Hacket.

Lila and Sherryl were loyal stewards of the Unions finances. In a very short time all the loans from other Unions incurred during the 2005 labour dispute were paid in full. Once those loans were paid, many members wanted the temporary increase in Union dues to be repealed. The delegates were convinced to keep the temporary dues increase so the Union could “rebuild the war chest.” I.E. replenish the Strike Fund.

When Lila and Sherry saw that the Executive were not using the temporary dues increase to replenish the strike fund they expressed their concern and were harassed for doing so. As soon as the loans were paid the EC were like kids in a candy store wasting money in all manner of insanity. A large portion of the expenses were for lawyers to silence and sue their own members.

Sherry couldn’t put up with their harassment any more and on April 1 2009 went on medical leave. While on medical leave she saw from E-mail and EC minutes that the EC was making expenditures and reassignments that she thought would be a concern to the members. After she sent an e-mail notifying the members, George Doubt filed a harassment complaint against her as well as Lila Hacket and Harmony Jackson on April 26 2009. Harmony was one of the Brave 66.

As soon as Sherryl went on Medical leave they attacked Lila. They punished her politically with reassignments then they outright unlawfully fired her. Their harassment was taking a toll on Lila as well and she took the buyout and left.

Realizing Lila and Sherryl were already under a great deal of stress and that their cases were proceeding through the courts, I did not want to prejudice their cases. Yet the members needed to know what kind of insane injustices were going on at Lane Street. That’s when I did the photo shoot with the anchovies and fruit loops. Without going into detail I simply recorded my dissent and said what they did to Lila and Sherryl was wrong. The Ready decision has now confirmed that. Tamara Marshall’s bobble head rationalizations for their abusive and illegal conduct was shocking and disappointing.

The real issue on the table is finances. As soon as Tamara took over as acting secretary treasurer, the finances have gone down the toilet. Last convention she pounded the pulpit and said the rumors of the Union being in financial trouble were false. Shortly thereafter she sent out a letter saying the union was in financial trouble and needed to cut costs and raise dues again. That gave rise to her indisputable credibility gap.

This convention needs to deal with the TWU’s lack of financial control since Sherry and Lila were ousted. I believe Sherry should run again for the position and I think the members and delegates should support her. When she was there things were fine. When she was kicked out things were not.

The biggest expense and most outrageous injustice in the amount of money the TWU is spending on lawyers to sue their own members for political purposes which clearly is unlawful. This convention needs to cut off the TWU’s finances for a new higher priced lawyer to deal with Lila’s complaint.

The Geiger-Adams decision on behalf of Lila simply adjourned the EC’s application to dismiss her complaint. The TWU applied to have her complaint with the Human Rights Tribunal dismissed and they lost. Her complaint will now proceed. Lila is representing herself. There is no reason they can’t do the same. There is no reason they have to retain a new higher priced lawyer to argue her complaint. Settling it would cost less and be in everyone’s best interest.

And just for the record, I have to take back what I said about Stewart Little being a Bad Ref. Master Stewart knew the dangers of empowering Darth Sideous and we had no idea he could have been so evil. Circumstances don’t make the man or woman, they reveal him to himself and to everyone else in due time. No lie can live forever.