Trial Procedure - Update

Dear Members,


As many of our Members are aware, three of our Local 4070 Executives were called as respondents in two separate trial complaints under Appendix F of the CUPE National Constitution. Trial -01 was held on July 12, 2021 with Marco Di Virgilio, Local 4070 Recording Secretary, and Chris Rauenbusch, Local 4070 President, as respondents. Trial -02 was held on July 13, 2021 with Kruti Sutaria, Local 4070 Secretary-Treasurer, Marco Di Virgilio, Local 4070 Recording Secretary, and Chris Rauenbusch, Local 4070 President, as respondents.

Purpose 

“The purpose of the Trial Procedure is to provide members in good standing an internal process to have complaints against other members dealt with in a fair and impartial manner. The Trial Procedure is not to be used for political gain or to resolve interpersonal conflict which does not have a foundation in one of the enumerated offences outlined in Section F.1. 

Members are expected to attempt to deal with issues prior to resorting to file a complaint. Concerns are best resolved when members discuss the issues amongst themselves and arrive at mutual solutions. This can be accomplished either through one on one conversation or through facilitated/mediated discussions. 

The use of mediation can occur at any time once a complaint is filed including during a trial.” 

- CUPE Constitution Appendix F 

Decision 

The decision in Trial -01 was presented to the respondents on July 27, 2021 and is outlined below: 

THAT Mr. Chris Rauenbusch step down and/or be removed from his position of President of CUPE Local 4070 immediately and banned from holding any type of Leadership/Executive position within CUPE Local 4070 until 2024. 

THAT Mr. Chris Rauenbusch provide a letter to the membership that speaks specifically to his decision to step down and/or removal so as to avoid any potential membership backlash for the complainant. 

THAT Mr. Marco Di Virgilio provide a letter of apology to the complainant. 

THAT Mr. Chris Rauenbusch and Mr. Marco Di Virgilio engage in specific sensitivity training that provides a focus on harassment and the impact of abuse and trauma specifically towards women. 

The decision  in Trial -02 is still pending and we will communicate with you once it has been rendered. 

Appeal Process 

There is an appeal process available to  respondents as outlined in the CUPE National Constitution F.6. 

“The respondent can appeal a finding of guilt and any penalty or order by sending a written appeal to the National President. The appeal must be made within 30 days of when the decision of the Trial Committee was reported to the respondent. The complainant cannot appeal the decision of the Trial Committee.” 

- CUPE Constitution Appendix F.6(a) 

 As per the Constitution, this process can take up to one hundred and twenty (120) days from the date that the respondent(s) were notified of the decision of the Trial Panel.

Should any respondent choose to appeal; it is important to note the following from the CUPE National Constitution: 

“The penalty or order of the Trial Committee will not be enforced until: 

(i) the Appeal Panel has made its decision; 

(ii) the respondent gives up the right to appeal; or 

(iii) the respondent fails to appeal the decision of the Trial Committee as set out in Section F.6  (a) and (b).” 

- CUPE Constitution Appendix F.6(h) 

To find more information on the Trial Procedure process, please reference Appendix F of the CUPE National Constitution.

Conclusion 

CUPE National Constitution F.5(k) outlines that the decision of the Trial  Panel will be recorded in the minutes of the next General Membership Meeting. Our Membership will continue to be updated as more information becomes known related to both Trials –01 and –02. Please be assured that the entire Executive continues to operate with the sole focus on supporting our Membership in the workplace, and as recovery from the pandemic continues to unfold.  

In Solidarity,
Your CUPE 4070 Executive Team