Doug Ford is being criticized for trying to avoid disclosure. What is Freedom of Information? It is the fundamental belief that in a democracy citizens have a right to know what government officials are doing. I believe the public has a right to SEE how and why governments are hiding information.
The why is easy: they don't want to admit they made a mistake. This is childish. The time of secrets is over. Soon, we will learn many thing. I will be showing you HOW they hide information.
My case was not a matter of national security. I was being harassed by a bully who didn't like black people. I asked her to stop. She said no.
Today, Community Support members inside OPSEU are striking. I will take the opportunity to remind them that if they had acted as legally required in 2022 we would not be here. If JP Hornick had stood up for black workers then, Doug would not have won the last election.
The short version is of the journey was released in September as Unbelievable. Here is an email exchange to show the steps I took before releasing the video on TikTok.
What to look for below:
- Verification
- OPSEU knew reports were being altered as of 2022
- I'd interviewed multiple times for a position in a different department. I scored high enough in an interview process to be offered a temporary role. However, my transfer was denied by ODSP management. Less than a month before my termination, ODSP managers would not release me as they were short staffed and needed me to stay.
- Proof I'm not motivated by money. All I wanted was a safe work environment
- Money. The illegal actions of the government robbed me of over $1,184,00 ($74,000 x 16) in future potential earnings. The offered payout after years of stalling was $40,000 plus legally required severance. We are told not to talk about amounts so that people do not realize how small the bribes are.
- Conspiracy of Silence. OPSEU says in writing they know the employer has broken the constitution and the collective agreement. They say the employer refuses to talk and they have no power to make him. So what does the union do? The union instructs Joseph not to tell anyone.
- Promised Timeline vs Reality. Arbitration was expected to be done May - Dec 2023 as there were many dates available. I was told it was reasonable to expect the process to be finished by the end of the 2023 since all parties had many dates available May - Dec 2023. Instead, the beginning of evidence starts in 2024.
This is a joke. The current process solves nothing. Instead, it allows predators to commit crimes while victims scurry about in a never-ending maze. Why? Corruption.
We need to change the system
________________________________________
Subject: Ford Government Suppressing Reports of Antiblack Racism (Video). Last Offer of White Flag
Date: March 3, 2023
To: Premier Doug Ford (premier), Michelle DiEmanuele (head of the Civil Service), JP Hornick (Head of OPSEU), Alison Nielson -Jones (Supervisor Arbitration - Contract Enforcement), Colleen Hardy (Director of Social Assistance)
WHO AM I?
A quick introduction in case have you have not been apprised of my case.
My name is M Joseph Murphy. A writer of speculative fiction, former publisher and, until recently, a caseworker at Ontario Disability in Windsor. I am a fifty-one-year-old disabled (Long Covid) gay man who was fired for speaking out about the antiblack racism I have experienced consistently since 2017.
The union has been involved the entire time. All my allegations are supported by email. A few are supported by video recordings of meetings. Thankfully I forwarded all email strings to several outside email addresses before my equipment was seized.
Inside the OPS, I sat on multiple committees including Antiblack Racism, Service Delivery and Internal Review teams. I was recently chosen to be co-lead of the Windsor branch of Tomorrow’s Ontario Public Service focused on developing the leaders of tomorrow.
My employment records, my resume, and my fairly public life will clearly show the type of employee I have always been.
If you are interested in the emotional impact this oppression has had on me, you can see for yourself on my Facebook and TikTok pages
Facebook: https://www.facebook.com/
TikTok: https://www.tiktok.com/@
WHY I WAS FIRED
I have been trying to avoid a scandal for years. The actions of leadership have made this increasingly difficult. Melissa Kersey and Patti Redmond (before she left) are terrified of me because I caught them trying to suppress official reports. They worked with the WDHP office in an attempt to coerce me in to signing off on altered documents.
What started as a simple request to investigate microaggressions in the workplace became something else entirely because leadership tried to bury the truth rather than address the issue.
I experienced microaggressions from a manager (Rachel Cohen) who treated me like an angry black man. I am very light skinned and have experienced white privilege for most of my life. I consulted with several other BiPOC employees and found they all had similar or worse experiences with this manager.
Everyone else was too afraid to speak up. So I did.
During the mediation meeting design to stop the grievance from going forward, the manager (Rachel Cohen) stated in front of several witnesses “I’m not afraid of you. I have friends that are bigger and darker than you.” That statement proves racial bias (e.g., the bigger and darker you are the scarier you are).
That should have been the end of it. Melissa should have taken corrective action at that point. Instead, the employer worked to suppress reports made to the WDHP.
Reports were altered.
I informed Melissa Kersey and Patti Redmond in writing (May 2022) that I was considered whistleblowing. Rather than caution me against doing so or warning me that such activity could lead to disciplinary action, they tried to secretly push me off on suspension (e.g., they offered paid time off but changed the terminology to suspend after I accepted the offer). Thankfully the union was able to prevent it the first time.
I had a grievance meeting set for Jan 25, 2023 to address my concerns. When my grievance date approached, I was terminated for cause. Officially I was fired for a Facebook post. However, I have emails to show Melissa Kersey was aware of my Facebook posts since May 2022. No action was taken then. The optics of the timing suggest I was fired in a second attempt to silence me. It nearly worked.
When I was fired, I became suicidal. I was briefly admitted to a psychiatric facility, all in response to the oppression. It has taken me a few months to get my mind back. During that time, there has been no movement on my case. The employer has repeatedly refused to respond to my grievance officer. They are only interested in a cash offer as, to their mind, I am no longer employable. This decision was made despite my work record. I was on a career path towards leadership. That is being stolen from me.
My grievance officer has tried three times to get the employer back to the table to negotiate in good faith. The employer has repeatedly refused dialogue.
I AM NOT INVISIBLE
I understand I am not famous. My fans are in the thousands, not the millions. But I am far from invisible.
The first time they tried to fire me, I was still a partner in a publishing firm (Ellysian Press). I left the publishing company to focus on my career within the OPS. I had interviewed several times for another position. I was told informally by the head of the new department they asked for me to be released on a short-term contract. Local management refused.
I sat on the first two gay pride committees in Windsor back in the 1990s. I met one of my best friends, Angie S******, there. At the time she was president of the Womxn’s Centre. I have a long history of fighting for civil rights and am confident my very public life belies the falsehood being propagated by a few people in the name of the province of Ontario.
Link to timeline Windsor Essex Pride: https://www.wepridefest.com/
The officiant at my wedding was Lisa Gretzy.
My ex-boyfriend, Dan MacDonald, is a local radio celebrity and a strong supporter of civil rights.
Dan MacDonald: The Dan MacDonald Show
Yet, until now, both the Employer and my union representatives have been ignoring all requests for dialogue. The only person who has been remotely supportive is my grievance officer. Unfortunately, he apparently does not have the bandwidth to deal with my case.
The optics suggest both sides hope I will just forget about this and move on with my life. I will not let a few people rob me of over $1,184,000 in potential compensation.
WHY I’M NOT JUST GOING AWAY.
Nothing about my history suggests I will just go away quietly, especially because I will have to speak about the reason for my termination to any future employer. I don’t want to devote the rest of my life to being a civil rights leader, but if the province allows a few people to steal this job from me, I have few other employment options. In fact, going public would do wonders for my writing career. It could help me sell some books.
Luckily for everyone involved, money is not a motivator for me. I am recently divorced and need to move. I need to qualify for a mortgage. My only concern is steady employment. I am not unaware, however, of the earning potential if I stop lying, stop hiding, and tell the truth.
The actions of both the Employer and the union suggest their preferred choice is that I release all documents to the public. I just can’t believe that is what anyone truly wants. It will make everyone’s lives so much harder. Who wants to have to explain to their friends and family why they couldn’t protect black people at work. No one wants to have their kids ask them why they didn’t do more to stop racism. I firmly believe that is not what anyone truly wants.
And, although exposing this will have benefit to society in general, it would be an undue and preventable hardship to me. I’m sick. I’m broken. All I want is a safe work environment. If you are truly unable or unwilling to provide that, then let’s talk money.
PERSONAL PLEAS - WE CAN EASILY PREVENT ANOTHER SCANDAL
· PREMIER FORD: Several people have emailed your office on this issue on my behalf, but I have never reached out to you directly. I had hoped to hand this through official channels, but the official channels have stopped working. You have spoken often in the past about how important the issue of antiblack racism is to you personally. This could be an easy win, a sign to the BiPOC population that you are willing to act upon those words.
· MICHELLE DI EMMANUELLE: I understand the public service has many competing priorities. However, I reached out to you twice in 2022. There was no response. Perhaps if you had acted then the situation could have been easily resolved. As stated, I understand you are busy and it’s possible this was mis-prioritized. We have never spoken, but based on my understanding of your work history, you are fully cognizant of the effects the optics of scandal can have on leadership.
·JP HORNICK: I know you are busy with the legal action against former leadership. I fully acknowledge nearly all bad actions taken against me occurred before your leadership began. The union has failed to represent me properly. I am hopeful that, until now, you have been unaware of my case and will give it the due diligence it deserves.
MATH
My old position paid a salary of around $74,000. That does not include benefits or retirement income. I’m using it for easy math. I had sixteen years left to retire. It’s also ignoring the fact I was likely to move up from this role. My earning potential within the province was significantly higher than this.
The actions of a few people are effectively robbing me of $1,184,00 ($74,000 x 16)
If the province believes that, despite my incredible work record and well-documented leadership potential, I am no longer employable, then I am comfortable walking away for that amount. I will happily sign an NDA for that figure and get on to the business of putting my life back together.
OR
You could provide me with a safe work environment.
That is all I’ve ever asked for.
I am certain the people on this email string can come together and find a solution to this problem. If not, I am afraid I can’t hold off any longer. I will not spend a third month in poverty because of systemic racial oppression.
We could get together. Let’s get back to the table and get me a safe work environment. I already find a way out of this very solvable problem. Nobody wants another scandal. But I have a super clear paper trail and a platform. The fact I have sat on what I have for as long as I have should show you I’ve always been a team player.
A cash payout would leave a clear paper trail of the opinion the province has for BiPOC employees.
CONCLUSION
Unfortunately for everyone, I am not just going to go away and I can’t settle (won’t settle) for small money. It’s not who I am. I also do not have all the time in the world. I need to buy a new house. Soon. Which means I need to qualify for a mortgage. I cannot afford to stay on unemployment for the new year or so. For the same reason, I'm can't wait for the time it will take to get a lawyer.
If the employer continues to refuse to dialogue in good faith, I may struggle with poverty for the rest of my life. But at least people will know why. And you’ll all have to speak to that.
My record will show I am good employee with many skills to offer. All it will take is for the employer and the union to look at the facts of my case.
I understand the government moves slowly. But I’ve waited long enough. You have two weeks from today. If the employer has not offered to return to the table by March 17, 2023, I will be forwarding everything to gopublic@cbc.ca, Lisa Gretzy and Dan MacDonald.
I truly hope that is not necessary.
But the choice is yours.
RESPONSE FROM ALISON NIELSON-JONES (March 6, 2023)
As Acting Supervisor of OPSEU/SEFPO’s Arbitrations Unit, I received your below email.
I have looked into your issue (from a grievance perspective), and I understand that Grievance Officer Matthew Appignanesi provided representation at the mediation on January 25, 2023; at that mediation date, the Parties attempted to resolve all of your grievances (2021-0154-0027; 2022-0154-0019; and 2022-0154-0020). Unfortunately, as the Employer was not agreeable to the settlement proposals that we made, a resolution was not achieved. While this was and is disappointing, the Employer is not required to agree to any settlement (nor are you, of course), as mediated resolutions are voluntary.
When the Parties aren’t able to resolve outstanding matters voluntarily (through settlement), the next step is arbitration. Unlike mediated settlements, arbitration is not voluntary; the decision will be issued by the arbitrator and is final and binding. Following the mediation date, the Parties agreed to consolidate all of your grievances (“join” them together and have them all heard together at arbitration) and schedule them at arbitration. We are in the process of setting hearing dates, and Matthew will continue to provide excellent representation at arbitration. If you have any questions about where we are in the arbitration process, please do not hesitate to reach out to Matthew (or myself) directly.
Please be assured that OPSEU/SEFPO continues to be very concerned about the incidents that gave rise to your grievances, particularly your termination, and continues to advocate strenuously for the resolution of these grievances. We are frustrated, as you are, that the Employer has not agreed to resolve your grievances in a satisfactory manner. On a personal level, I am very sorry to hear that these issues took a serious toll on your health, and I hope that your health is improving.
You indicate in your below email that you are considering providing information regarding these issues to the media (CBC). While I can certainly appreciate your frustration with this process, I encourage you to reconsider this action, as providing such information to the media may negatively impact your chance of returning to work (as the OPS may argue that the employment relationship has suffered irreparable harm due to your actions, or for potentially other reasons).
Again, I wish to reiterate that OPSEU/SEFPO will continue to work as hard as possible to resolve your grievances as expeditiously as possible through the arbitration process, which – admittedly – is slow.
If you have any questions or need any assistance with your grievances, I invite you to reach out to Matthew Appignanesi or myself at any time. We would be happy to help.
Best regards,
Alison Nielsen-Jones
a/Supervisor
Arbitrations Unit
Contract Enforcement Division
OPSEU/SEFPO
JOSEPH'S FOLLOW UP (copied all) (March 6, 2023)
My question again as always has been about time lines. That has not been addressed in your very well-written and very long email.
SECOND FOLLOW UP (March 7, 2023)
ALISON'S FOLLOW UP RESPONSE (March 7, 2023)
| Good afternoon Joseph, |
I’m writing to respond to your below email as well as the email sent to OPSEU/SEFPO and others today at 12:07 p.m.
My apologies – I wasn’t aware that you were asking for timelines in your previous communications.
As you know, today the GSB has provided Matthew Appignanesi with arbitration dates that are available to Arbitrator Hewat between May and December 2023. It appears that both Arbitrator Hewat and Matthew have lots of availability during that time period (I assume that approximately five to seven hearing dates will be booked, or possibly a few more, given the type of arbitration needed); however, the Employer will have to provide its availability (as will you, as requested by Matthew).
Generally speaking, we expect arbitration hearings of this nature to conclude within approximately one (1) year of the initial hearing date, though that depends on the amount and type of evidence led by both Parties (that is, the Union and the Employer). As there are many hearing dates offered in 2023, it would be reasonable to expect the arbitration hearing to conclude by the end of 2023, provided that the Employer and their counsel has adequate availability in 2023 and provided that the type/amount of evidence led is not wildly more complex/voluminous than what would be anticipated in a case such as this. Following the conclusion of the hearing, the arbitrator will write a final and binding arbitral award; this normally takes between three (3) months and one (1) year after the last hearing date, and depends on the type/amount of evidence and the factual and legal determinations to be made.
I realize that the above timeline is likely not what you want to hear; however, I believe that it’s necessary to be open and forthright about the timeline.
Lastly, I want to assure you that OPSEU/SEFPO takes allegations of racism and discrimination very seriously, and that we absolutely intend to lead evidence with respect to both at arbitration. I again recommend that you to reconsider providing information to the media, as providing such information may negatively impact your chance of returning to work.
If I haven’t answered all of your question or if you have any further questions, please don’t hesitate to reach out.
Best,
Alison Nielsen-Jones
a/Supervisor
Arbitrations Unit
Contract Enforcement Division
OPSEU/SEFPO
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