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President Complaint against CBT members 20160308 .pdf



Original filename: President Complaint against CBT members 20160308.pdf
Title: President Complaint against Maureen Collins 20160308.pdf

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COMPLAINT AGAINST MAUREEN COLLINS
March 8, 2016
I, Emmanuelle Tremblay, am formally submitting a complaint with the ACEP-CAPE National
Executive Committee against Maureen Collins and request an investigation into this complaint
pursuant to the Association’s Bylaws.
My complaint is based on the following conduct:
Ms. Collins has repeatedly submitted frivolous, malicious and vexatious
complaints against me in relation to my legitimate actions as the President of
CAPE.
Ms. Collins has abused CAPE’s internal complaint mechanism as a way of
challenging my mandate as President of CAPE.
Ms. Collins disagrees with my position and role in bargaining and is abusing the
complaints mechanism as a way of trying to impose her wishes on the EC
Bargaining Team. She is motivated by her desire to prevent me from
implementing the mandate CAPE members elected me to carry out, namely make
bargaining more member-led. Specifically, she is opposed to my role as chief
negotiator as per the Constitution and is attempting to challenge my authority,
competency, integrity and capacity to represent the whole membership.
Ms. Collins’ comments and accusations are defamatory and meant to hurt my
reputation. She has repeatedly urged the NEC to take punitive actions against me
for uninvestigated and unsubstantiated allegations.
Ms. Collins brought a further barrage of frivolous and untrue complaints, the
majority of which merely repeated her previous allegations, when the CRC did
not immediately agree that the complaints were needed to be investigated, but
rather elected to deem them repetitive of allegations found in the Petition to
Remove Emmanuelle Tremblay as President of CAPE.
Ms. Collins’ refusal to engage in mediation or another form of dispute resolution
indicates that she is not acting in the best interest of members of CAPE, preferring
to invest membership dues into numerous complaints and expensive legal fees for
the Association,.
Ms. Collins’ conduct shows blatant disregard for the best interests of CAPE
members who elected me. She has actively contributed to create dysfunction and
infighting among EC bargaining team members, which led to Jamie Dunn
resigning as a bargaining consultant. Her actions are creating havoc and
uncertainty detrimental to our current bargaining efforts.

1

Ms. Collins has breached the following provisions of the Constitution:
The Preamble: Ms. Collins has failed to respect democratic principles;
Section 3.5: Ms. Collins is obstructing attempts to promote and protect the rights and
interests of members;
Section 11.5: Ms. Collins has failed to perform duties assigned by the President and
NEC;
Section 11.7: Ms. Collins has failed to represent the Association at large, rather than a
segregated constituency; and
Section 11.8: Ms. Collins has failed to uphold decisions of the NEC.
Ms. Collins has breached or failed to uphold the following provisions of the Bylaws:
Bylaw 5.2:
o Ms. Collins has violated provisions of the Bylaws and Constitution;
o Ms. Collins acted in a manner contrary to her Solemn Declaration by:
Failing to abide by and uphold the Constitution and Bylaws (as set
out above);
Failing to fulfill her duties and responsibilities incumbent on her as
a director; and
Failing to keep internal matters confidential;
o Ms. Collins has published and circulated false reports and willful
misrepresentations;
o Ms. Collins has defamed and willfully wronged me;
o Ms. Collins has deliberately interfered with my discharge of duties as
President;
o Ms. Collins’ conduct, overall, is prejudicial to the good order and welfare
of CAPE; and
Bylaw 7.3: Ms. Collins has failed to respect the President’s responsibility and
authority for leading bargaining.
All of the above listed conduct is grounds for her expulsion, suspension or removal from office,
pursuant to Bylaw 5.1.
I request that the NEC engage in the complaint process set out in Bylaw 5 to investigate these
matters.
Furthermore, in light of the seriousness of the alleged misconduct, particularly in relation to
bargaining, I suggest Ms. Collins remove herself from the bargaining table until these allegations
can be investigated.

2

COMPLAINT AGAINST ANN KURIKSHUK-NEMEC
March 8, 2016
I, Emmanuelle Tremblay, President of CAPE, am formally submitting a complaint with the
ACEP-CAPE National Executive Committee against Ann Kurikshuk-Nemec and request an
investigation into this complaint pursuant to the Association’s Bylaws.
My complaint is based on the following conduct:
Ms. Kurikshuk-Nemec has contributed to and actively disseminated a petition she know
or ought to have known contained false reports and wilful misrepresentations.
Ms. Kurikshuk-Nemec has repeatedly enticed the NEC to suspend me without following
due process.
Ms. Kurikshuk-Nemec is attempting to evade CAPE complaint procedures to intimidate
me into giving up my Presidency.
Ms. Kurikshuk-Nemec has abused NEC procedures by attempting to suspend other NEC
members for failing to participate in special NEC meetings about the complaints process,
in contravention of the established rules under the CAPE constitution and bylaws.
Ms. Kurikshuk-Nemec’s is motivated by her desire to prevent me from implementing the
mandate CAPE members elected me to carry out, namely making bargaining more
member-led. Specifically, she is opposed to my performing the role as chief negotiator as
per the Constitution and is attempting to challenge my authority, competency, integrity
and capacity to represent the whole membership.
Ms. Kurikshuk-Nemec has allegedly supplied the author of the Petition to Remove
Emmanuelle Tremblay as President of CAPE, Michael Donohue, with confidential
information, obtained in in-camera NEC meetings, related to a decision by the former
CAPE administration which she disagreed with at the time, namely, a loan to CAPE
employees in the context of the taxable benefits mismanagement. This contravenes her
duty as a NEC officer to not breach confidentiality and to abide by NEC decisions even if
she disagreed with those decisions. Moreover, she wilfully wronged me by disseminating
a false report that accused me of wrongdoing for acts which predated my Presidency.
Ms. Kurikshuk-Nemec’s conduct shows blatant disregard for the best interests of
CAPE members who elected me. She has contributed to the dysfunction and
infighting among EC bargaining team members, which led to Jamie Dunn
resigning as a bargaining consultant. Her actions are creating havoc and
uncertainty detrimental to our current bargaining efforts.
Ms. Kurikshuk-Nemec has breached the following provisions of the Constitution:
The Preamble: Ms. Kurikshuk-Nemec has failed to respect democratic principles;

1

Section 3.5: Ms. Kurikshuk-Nemec is obstructing attempts to promote and protect the
rights and interests of members;
Section 11.5: Ms. Kurikshuk-Nemec has failed to perform duties assigned by the
President and NEC;
Section 11.7: Ms. Kurikshuk-Nemec has failed to represent the Association at large,
rather than a segregated constituency; and
Section 11.8: Ms. Kurikshuk-Nemec has failed to uphold decisions of the NEC.
Ms. Kurikshuk-Nemec has breached or failed to uphold the following provisions of the Bylaws:
Bylaw 5.2:
o Ms. Kurikshuk-Nemec has violated provisions of the Bylaws and
Constitution;
o Ms. Kurikshuk-Nemec acted in a manner contrary to her Solemn
Declaration by:
Failing to abide by and uphold the Constitution and Bylaws (as set
out above);
Failing to fulfill her duties and responsibilities incumbent on her as
a director; and
Failing to keep internal matters confidential.
o Ms. Kurikshuk-Nemec has published and circulated false reports and
willful misrepresentations;
o Ms. Kurikshuk-Nemec has defamed and willfully wronged me;
o Ms. Kurikshuk-Nemec has deliberately interfered with my discharge of
duties as President;
o Ms. Kurikshuk-Nemec’s conduct, overall, is prejudicial to the good order
and welfare of CAPE; and
Bylaw 7.3: Ms. Kurikshuk-Nemec has failed to respect the President’s
responsibility and authority for leading bargaining.
All of the above listed conduct is grounds for her expulsion, suspension or removal from office,
pursuant to Bylaw 5.1.
I request that the NEC engage in the complaint process set out in Bylaw 5 to investigate these
matters.
Furthermore, in light of the seriousness of the alleged misconduct, particularly in relation to
bargaining, I suggest Ms. Kurikshuk-Nemec remove herself from the bargaining table until these
allegations can be investigated.

2

COMPLAINT AGAINST NICK GIANNAKOULIS
March 8, 2016

I, Emmanuelle Tremblay, President of CAPE, am formally submitting a complaint with the
ACEP-CAPE National Executive Committee against Nick Giannakoulis and request an
investigation into this complaint pursuant to the Association’s Bylaws.
My complaint is based on the following conduct:
Mr. Giannakoulis has repeatedly submitted frivolous, malicious and vexatious
complaints against me in relation to my legitimate actions as the President of
CAPE.
Mr. Giannakoulis has abused CAPE’s internal complaint mechanism as a way of
challenging my mandate as President of CAPE.
Mr. Giannakoulis disagrees with my position and role in bargaining and is
abusing the complaints mechanism as a way of trying to impose his wishes on the
EC Bargaining Team. He is attempting to impose his bargaining agenda by
attempting to discredit and remove me from the bargaining process and refuses to
acknowledge my authority to oversee bargaining.
Mr. Giannakoulis also disagrees with my position in regards to internal CAPE
issues and is abusing the internal complaint mechanism as a way of pursuing his
own agenda. Specifically, he has wilfully misled the NEC members by accusing
me of creating a ‘toxic environment’ at the CAPE office. However, he is well
placed, having spent a full year in the CAPE office, to know that the opposite is
true. There were no complaints or grievances against me, but rather grievances
against him.
Mr. Giannakoulis has brought complaints against me which he knows are false
because they predated my tenure as Presidency. For example, he knows that any
issues related to employee sick or disability leave pre-existed my Presidency.
Mr. Giannakoulis has disseminated private and confidential NEC and CAPE
materials in support of his complaints, including an allegation related to a loan to
CAPE employees in the context of the taxable benefits mismanagement by the
former CAPE administration. At the time when that decision was made, Mr.
Giannakoulis was Finance committee chair, and in that capacity, was the NEC
member most aware of this decision at the time.
Mr. Giannakoulis’ has portrayed decisions that he fully participated in and now
condemns as ones I made on my own, including hiring practices and collective
bargaining with ESU.

1

Mr. Giannakoulis has betrayed the confidence I and CAPE had entrusted in him
by extrapolating the contents of conversations, taking them out of context or
manipulating them in support of his bad faith complaint. Furthermore, having
been in a de facto management position at the CAPE office over a year, Mr.
Giannakoulis has violated a basic common law principle of duty of loyalty by
disseminating the Petition to Remove Emmanuelle Tremblay as the President of
CAPE.
Mr. Giannakoulis has not respected principles of natural justice. Before filing
complaints or requesting punitive actions against me, he did not attempt to bring
his concerns forward to me or try to talk them through with me. Instead, he
endeavoured to talk to everybody else about his negative perceptions of my
actions, which damaged my reputation amongst the CAPE leadership.
Mr. Giannakoulis’ comments and accusations are defamatory and meant to hurt
my reputation. He has repeatedly urged the NEC to take punitive actions against
me for uninvestigated and unsubstantiated allegations.
Mr. Giannakoulis’ insistence on personal financial compensation, and the fact that
he may become President if I am removed from office, suggest that he is not
acting in the best interest of members or CAPE, but rather in his own self-interest.
Mr. Giannakoulis’ conduct shows blatant disregard for the best interests of CAPE
members who elected me. He has created dysfunction and infighting among EC
bargaining team members, which led to Jamie Dunn resigning as a bargaining
consultant. His actions are creating havoc and uncertainty detrimental to our
current bargaining efforts.

Mr. Giannakoulis has breached the following provisions of the Constitution:
The Preamble: Mr. Giannakoulis has failed to respect democratic principles;
Section 3.5: Mr. Giannakoulis is obstructing attempts to promote and protect the rights
and interests of members;
Section 11.5: Mr. Giannakoulis has failed to perform duties assigned by the President and
NEC;
Section 11.7: Mr. Giannakoulis has failed to represent the Association at large, rather
than a segregated constituency; and
Section 11.8: Mr. Giannakoulis has failed to uphold decisions of the NEC.
Mr. Giannakoulis has breached or failed to uphold the following provisions of the Bylaws:
Bylaw 5.2:
o Mr. Giannakoulis has violated provisions of the Bylaws and Constitution;
2

o Mr. Giannakoulis acted in a manner contrary to his Solemn Declaration
by:
Failing to abide by and uphold the Constitution and Bylaws (as set
out above);
Failing to fulfill his duties and responsibilities incumbent on him
as a director; and
Failing to keep internal matters confidential;
o Mr. Giannakoulis has published and circulated false reports and willful
misrepresentations;
o Mr. Giannakoulis has slandered and willfully wronged me;
o Mr. Giannakoulis has deliberately interfered with my discharge of duties
as President;
o Mr. Giannakoulis’ conduct, overall, is prejudicial to the good order and
welfare of CAPE; and
Bylaw 7.3: Mr. Giannakoulis has failed to respect the President’s responsibility
and authority for leading bargaining.
All of the above listed conduct is grounds for his expulsion, suspension or removal from office,
pursuant to Bylaw 5.1.
I request that the NEC engage in the complaint process set out in Bylaw 5.
Furthermore, in light of the seriousness of the alleged misconduct, particularly in relation to
bargaining, I suggest Mr. Giannakoulis remove himself from the bargaining table and as Chair of
the Finance Committee until these allegations can be investigated.

3

COMPLAINT AGAINST MICHAEL DONOHUE
March 8, 2016

I, Emmanuelle Tremblay, President of CAPE, am formally submitting a complaint with the
ACEP-CAPE National Executive Committee against Michael Donohue and request an
investigation into this complaint pursuant to the Association’s Bylaws.
My complaint is based on the following conduct:
Mr. Donohue has authored and disseminated a Petition to Remove Emmanuelle
Tremblay as President of CAPE to several hundred members that contained false
reports and wilful misrepresentations in relation to my legitimate actions as the
President of CAPE.
Mr. Donohue has abused CAPE’s internal complaint mechanism as a way of
challenging my mandate as President of CAPE.
Mr. Donohue disagrees with my position and role in bargaining and is abusing the
complaints mechanism as a way of trying to impose his wishes on the EC
Bargaining Team. His conduct is motivated by his desire to prevent me from
implementing the mandate CAPE members elected me to carry out, namely to
make bargaining more member-led. Specifically, he is opposed to me performing
the role as chief negotiator as per the Constitution and is attempting to challenge
my authority, competency, integrity and capacity to represent the whole
membership.
Mr. Donohue has exposed CAPE to the potential of a law suit by former excluded
term employee Lionel Dionne and has breached his basic rights to privacy by
making public details of confidential contract discussions to members.
Mr. Donohue’s comments and accusations are defamatory and meant to hurt my
reputation. He has wilfully misrepresented my attempts to educate members about
the impact of the conciliation-strike route imposed by the previous government as
an enticement for them to strike.
Mr. Donohue’s conduct shows blatant disregard for the best interests of CAPE
members who elected me. He has actively contributed to create dysfunction and
infighting among EC bargaining team members, which led to Jamie Dunn
resigning as a bargaining consultant. His actions are creating havoc and
uncertainty detrimental to our current bargaining efforts.

1

Mr. Donohue has breached the following provisions of the Constitution:
The Preamble: Mr. Donohue has failed to respect democratic principles; and
Section 3.5: Mr. Donohue is obstructing attempts to promote and protect the rights and
interests of members.
Mr. Donohue has breached or failed to uphold the following provisions of the Bylaws:
Bylaw 5.2:
o Mr. Donohue has violated provisions of the Bylaws and Constitution;
o Mr. Donohue acted in a manner contrary to her Solemn Declaration by:
Failing to abide by and uphold the Constitution and Bylaws (as set
out above);
Failing to keep internal matters confidential;
o Mr. Donohue has published and circulated false reports and willful
misrepresentations;
o Mr. Donohue has defamed and willfully wronged me;
o Mr. Donohue has deliberately interfered with my discharge of duties as
President;
o Mr. Donohue conduct, overall, is prejudicial to the good order and welfare
of CAPE; and
Bylaw 7.3: Mr. Donohue has failed to respect the President’s responsibility and
authority for leading bargaining.
All of the above listed conduct is grounds for his expulsion, suspension or removal from office,
pursuant to Bylaw 5.1.
I request that the NEC engage in the complaint process set out in Bylaw 5 to investigate these
matters.
Furthermore, in light of the seriousness of the alleged misconduct, particularly in relation to
bargaining, I suggest Mr. Donohue remove himself from the bargaining table until these
allegations can be investigated.

2


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