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• Although the Ontario Labour Relations Board ("OLRB") is the ONLY venue for a unionized employee to seek justice when unjustly treated by union officials, yet, for the last five decades, the OLRB has almost NEVER made findings against a union. Almost ALL Duty of Fair Representation ("DFR") complaints are dismissed.

OLRB Annual Reports/Statistics

• Labour Boards around Canada almost never rule against unions. Filing a DFR complaint has proven to be an exercise in futility. In an Article published on April 27, 2016 in the Financial Post, legal counsel Howard Levitt reports:

A study by arbitrator Morton Mitchnick found that less than one per cent of cases by unionized employees against unions for breach of duty to represent their members are successful.

• As such, five million unionized hard working Canadians, are left without legal recourse, under the yoke of a cabal of union officials without accountability.

• Most disconcerting is that the OLRB issued a decision in my case confirming that union officials have the right to oppress 5 million unionized Canadians and to trample on their fundamental rights under s.2 (b), 7, 15 (1) and 24 of the Charter of Rights and Freedoms.

• A constitutional challenge is warranted. The status quo is simply an egregious attack on our democracy.

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My Experience

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1. Vice-Chair Patrick Kelly acted without and/or beyond jurisdiction as an Appellate Court by acting as a screening body for the Divisional Court and deciding that the Brown's Arbitration Award of July 2015 should not proceed to judicial review. The OLRB does not have jurisdiction to review or override decisions of an arbitrator, the Divisional Court has that authority.

2. It is important to the integrity of our courts that decisions rendered be factually accurate.  Vice-Chair Kelly failed to provide a faithful account of the evidence. He distorted the facts, concealed crucial information that union officials  conspired with the employer to implement what they called "Backward design termination", “Myriam- path of destruction” causing me irreparable harm where I was unjustly fired without cause, my health permanently damaged and my reputation tarnished without any wrongdoing on my part.

3. Vice-Chair Kelly misquoted the evidence, stating that I was on a “path of self-destruction”; when the LDCSB's hand written document stated “Myriam- path of destruction”. This tampering with the wording, completely changes the weight of the evidence, shifts the blame onto me, and places me in a bad light.

4. The OLRB’s “Consultation” process fails to meet the minimum standards of natural justice and procedural fairness, bringing the administration of justice into disrepute. Vice-Chair Kelly:

• refused to grant me a hearing despite the importance and complexity of the issues;

• refused to consider material evidence claiming “delay”; (evidence doesn't expire!)

• denied my right to disclosure and cross-examine witnesses rendering the process a nullity;

• condoned human rights violations and breaches of the Charter of Rights and Freedoms;

• made numerous critical statements, that constitute a direct violation of all unionized employees’ rights guaranteed under s. 2(b), 7, 15(1), and 24 (1) of the Constitution.

• allowed the same law firm and lawyer who represented me in the grievance arbitration for four years to act against me; and

• rendered a decision that is untenable at law. The countless errors would leave any reasonable person with the distinct impression that the outcome of the decision was predetermined.