POST # 4 – CIRB – HACKL ET AL – THE WITNESSES

Preamble:

I have recently published a number of posts putting into context the hearing before the CIRB with respect to the complaint of the deposed against the UTU under Section 95 of the Code.

As the case commenced both parties were required to submit written pleadings as well as witness lists and “will say statements”.

The Complainants (deposed) were required to present their case first followed by the Respondents (UTU).

The UTU was represented by legal counsel Brian Shell with his assistant Rosa Basa. Tim Secord, Jim Flynn and Don Anderson were in attendance in support of the UTU only at the commencement of the hearing. Thereafter, other then legal counsel, there were no supporters for the UTU.

POINT: UTU President, Mike Futhey, given the many requests to meet on the issues (which he declined), did not deem it necessary to send an “independent” observer from the UTU to follow the proceedings and file reports. Mike Futhey did not believe it necessary to hear, first hand, the evidence of the very people he, as a previous member of the Board of Directors, voted to remove from Office and membership.

The deposed were represented by legal counsel Craig Morrison. The Complainants, Rex Beatty, Bryan Boechler, Rollie Hackl and Jim Robbins, remained in attendance throughout the hearings.

There attended, at each hearing session, supporters of the Complainants.

NOTE:

Raymond Lebel (one of the deposed) retired from CN Rail shortly after being removed from Office by the UTU.

Sylvia LeBlanc (one of the deposed) quit CN Rail shortly after being removed from Office.

Gary Anderson (one of the deposed), due to personal matters, was unable to attend but was in constant contact as the case progressed.

Overview of this POST:

I will identify each of the witnesses to which each party advised the CIRB they would be relying upon to present their case.

NOTE: Although I will identify the witnesses who provided testimony it is most noteworthy as to the witnesses the UTU failed to call and, in addition, witnesses not listed (e.g. Paul Thompson, John Armstrong, Scott Montani, Jim Flynn, Don Anderson, Mike Meylmick, Kevin Goring and Dave Brunton etc.)

Other POSTS:

I will briefly and in point form go through the testimony of the witnesses which will complete the hearing as presented to the CIRB. Thereafter I will list the documented evidence as it relates to the events of this case.

UTU'S LIST OF WITNESSES:

Rick Marceau – Assistant Vice-President (listed – did not testify)

Robert Sharpe – Canadian VP (listed – did not testify)

UTU Executive Board (listed – did not testify)

Members of the UTU Board of Directors (listed – did not testify – other then Tim Secord)

Tim Secord (listed and testified)

Clint Miller – UTU U.S. Legal Counsel (listed and testified)

As noted, former UTU President Paul Thomspon, the individual interpreting the constitution, “laying charges”, sending docuements (recall the Feb. 14/07 "package" to all members), conducing the vote at the convention, was not listed as a witness nor attended any of the hearing dates.

Scott Montani, Mike Meylmick, Jim Flynn, John Armstrong and others (individuals that gave testimony in Cleveland against the deposed), were not listed nor testified.

Kevin Goring, Don Anderson and Dave Brunton were not listed nor gave testimony.


THE COMPLAINANT'S LIST OF WITNESSES:

Rex Beatty (listed and testified)

Bryan Boechler (listed and testified)

Rollie Hackl (listed and testified)

Guy Scarrow (listed and testified)

Glenn King (listed and testified)

Nelson Beveridge (listed and testified)

Glenn Gower (listed and testified)

Paul Vickers (listed and testified)

Cindy Little (listed – did not testify)

Guy Ethier (listed – did not testify)

Jim Robbins (listed – did not testify)

Gary Anderson (listed – did not testify)

NOTE: Carl Wallace and Paul Swim (Local Chs. Moncton – were scheduled to testify on the evidence of Jim Flynn, as he provided in Cleveland, to the extent that Rex Beatty, while attending a meeting in Moncton in 2003, was advocating for the TCRC against the UTU. The testimony of Carl and Paul would have been that these events, as sworn under oath by Jim Flynn in Cleveland, did not happen.

The UTU agreed to accept the testimony of both Carl and Paul without having them attend the CIRB hearing.

NOTE: Mike Church testified as a rebuttal witness with respect to the testimony of Clint Miller.

Please keep posted.


Rex Beatty