Dear members,
On Wednesday, the Unifor leadership team provided an update on the National Executive Board’s (NEB) review of an independent external investigation regarding a complaint that former National President Jerry Dias violated the union’s Constitution.
The findings of the investigation are deeply disappointing and disturbing. We understand the outrage that many of you feel. We share that outrage too.
Jerry Dias stands charged with breaching Article 4, of the Constitution, the union’s Code of Ethics and Democratic Practices, after the investigator determined that on the balance of probabilities Dias breached his obligations in an interaction with a third party supplier. The breach did not involve any Unifor funds.
We are now providing a further update on the investigation. It is Unifor’s strict practice to maintain the confidentiality of complainants; we see confidentiality as an important component of an effective internal complaints process.
However, expressing a desire to be transparent we can confirm with his permission, that Unifor Assistant to the National President Chris MacDonald filed the Code of Ethics Complaint against Jerry Dias.
The investigator found that upon receipt of the funds Chris MacDonald took immediate steps to report it. He was determined to be a credible witness.
Furthermore, the investigator’s mandate also included a review of the conduct of the complainant. The investigator determined that Chris MacDonald did not engage in any breach of the Unifor Constitution.
The investigator also determined there was interference in the form of contact with the complainant.
As you may be aware, Jerry Dias released a statement that he is entering a residential rehabilitation facility to deal with substance abuse issues. We hope that he is getting the medical treatment that he feels that he needs. We also understand that a news organization has come into possession of a medical document about Jerry Dias. Be assured that Unifor was not the source of any such document. In compliance with our privacy policies, Unifor will not be commenting further on his health or on what inferences may be drawn from the medical documentation released to media.
Recap of the facts that the external, independent investigation determined:
- In December 2021 and January 2022, Dias promoted a supplier’s rapid test kits to various Unifor employers, either directly or through Unifor staff under his direction. Several employers of Unifor members purchased tests as a result of Dias’ introductions.
- At some point prior to January 20, 2022, Dias accepted the sum of $50,000 from the supplier.
- On January 20, 2022 Dias gave a Unifor employee what Dias said was half of the funds ($25,000), telling the employee that it had come from the supplier.
- The employee subsequently lodged a complaint under the Unifor Code of Ethics and delivered the funds that he received from Dias to the National Secretary-Treasurer.
After receiving the complaint on January 26, our union acted immediately. We commissioned an external independent investigator and gave them full power to conduct a thorough inquiry.
Jerry Dias was asked to participate in the investigation but the findings were made without the benefit of his evidence. He has provided medical documentation indicating that he suffers from a number of health issues and went on medical leave on February 6, 2022. On March 11, he notified the NEB of his immediate retirement due to health issues.
The results of the investigation were provided to the National Secretary-Treasurer’s office on March 15, 2022. On March 21 and 22, the investigator’s findings were reviewed by the NEB.
Next Steps:
As outlined in our Constitution, there will be a hearing before the NEB, where Jerry Dias will have an opportunity to fully present information and arguments concerning the charge.
The NEB has also passed a motion to ask all candidates for national officer positions in the upcoming elections to pause their campaign activities, for the time being, while the union focuses on this situation.
The NEB will meet in the coming weeks to discuss the vacancy of the National President position. The members of your National Executive Board have been outstanding in dealing with this matter so far.
It is our deeply held belief that no Unifor member is above our Constitution or its Code of Ethics.
Accountability and transparency are core principles of our union. We will continue to keep you informed by providing timely updates on future developments. Our work as a union will continue, according to the principles of democracy, solidarity, transparency and accountability on which we have always relied, to move you and all Unifor members forward.
In solidarity,
Lana Payne, Unifor National Secretary Treasurer
Renaud Gagné, Unifor Québec Director
Gavin McGarrigle, Unifor Western Regional Director
Naureen Rizvi, Unifor Ontario Regional Director
Linda MacNeil, Unifor Atlantic Regional Director
TORONTO– The Unifor National Executive Board has determined that former National President Jerry Dias stands charged with breaching Article 4, Code of Ethics and Democratic Practices, of the Unifor Constitution after an independent external investigator determined that on the balance of probabilities Dias breached his obligations in an interaction with a third party supplier. The breach did not involve any Unifor finances.
“Unifor is built on a democratic foundation that holds all members to the highest of standards. Our Constitution has strong checks and balances, a robust code of ethics and comprehensive enforcement procedures to ensure that the conduct of all elected leaders reflects the responsibilities entrusted to them,” said Unifor National Secretary-Treasurer Lana Payne, who commissioned the investigation after receiving a formal complaint against Dias on January 26, 2022.
“Unifor is committed to transparency in this matter. Our Constitution requires that an investigation be conducted in a confidential and fair manner. Now that the investigation has concluded, Unifor wishes to share the results with its members. Every step was taken to investigate and bring this matter to light in a fair and timely manner.”
An investigator determined that Dias engaged in a number of breaches of the Unifor Code of Ethics by accepting money from a supplier of COVID-19 rapid test kits that he had introduced to employers of Unifor members.
None of the employers had knowledge of Dias’ personal interest in the transactions; as such Unifor has not identified them. The supplier was not a participant in the investigation so will not be identified.
Based on the information available to her, the investigator made the following findings, on a balance of probabilities:
- In December 2021 and January 2022, Dias promoted a supplier’s rapid test kits to various Unifor employers, either directly or through Unifor staff under his direction. Several employers of Unifor members purchased tests as a result of Dias’ introductions.
- At some point prior to January 20, 2022, Dias accepted the sum of $50,000 from the supplier.
- On January 20, 2022 Dias gave a Unifor employee what Dias said was half of the funds ($25,000), telling the employee that it had come from the supplier.
- The employee subsequently lodged a complaint under the Unifor Code of Ethics and delivered the funds that he received from Dias to the National Secretary-Treasurer.
Dias was asked to participate in the investigation. However, the investigator’s findings were made without the benefit of his evidence. He has provided medical documentation indicating that he suffers from a number of health issues and went on medical leave on February 6, 2022. On March 11, he notified the Unifor National Executive Board of his immediate retirement due to health issues.
The results of the investigation were provided to the National Secretary-Treasurer on March 15, 2022. On March 21 and 22, the investigator’s findings were received and reviewed by the National Executive Board. Based on the findings, Dias now stands charged with violating the Unifor Constitution.
“No one is above our Constitution. Dias’ actions as outlined in the findings are disturbing and if confirmed by the hearing were a clear betrayal of the duties of office, and the trust that each of us as members put into our union,” said Unifor Québec Director Renaud Gagné. “The actions of one individual do not reflect our union.”
The next step, as outlined in the Unifor Constitution, will be a hearing before the National Executive Board. During the hearing, Dias will have an opportunity to fully present information and arguments concerning the charge.
Unifor is currently seeking legal advice regarding any legal obligations arising from these events.
“Our trust in one individual has been broken, but our confidence in the integrity of our union remains strong. I hope that members will recognize the strength of the Constitution that Unifor was built upon. Our union has stood this serious test and the integrity of our process has proven that accountability and transparency to our members is and will always remain our first priority,” said Payne.
Unifor is Canada’s largest union in the private sector, representing 315,000 workers in every major area of the economy. The union advocates for all working people and their rights, fights for equality and social justice in Canada and abroad, and strives to create progressive change for a better future.
Statement to Unifor Members from Jerry Dias
“I wanted to take a moment to address Unifor members, as it has been the honour of my life to serve them.
I have been made aware that Unifor has decided to proceed to a hearing in relation to a complaint against me during my time as President. On my physician’s advice, I have not been able to participate in the investigation.
I want you to know that during my term as President, I was always guided by the principles set out in our constitution.
Anyone who knows me, knows that my work with Unifor has been my reason for getting out of bed for nearly a decade. The union has been my whole life, born and bred. But now it’s time for me to listen to my doctor and put my health first.
This past December, my life took a remarkable turn for the worse when I was confronted with a debilitating sciatic nerve issue. It’s hard for me to say this, but my coping mechanism has been pain killers, sleeping pills and alcohol. These factors have impaired my judgement in recent months, and I owe it to our members to seek the treatment I need.
My physician has told me, straight up, that I need help. That’s why I am entering a residential rehabilitation facility. I will also be stepping away temporarily from all of my advisory positions.
My medical leave was approved by the union in February and a detailed report from my physician has been provided to the investigator. I would have no issue with it being shared with the National Executive Board.
I want every member of Unifor to remember what we have accomplished together. We are not defined by this.
We have been a force in holding governments and employers to account, pushing for higher wages, safer job sites and overall better working conditions.
Together, we helped ensure Canadian workers had a seat at the bargaining table when Canada renegotiated NAFTA. We successfully reopened the Oshawa GM plant to employ thousands of auto workers and suppliers in Durham region. And we secured $6 billion in automotive contracts giving Ontario workers the opportunity to be world leaders in this vital industry.
This movement is bigger than any one of us, and it’s time for a new generation of leaders to pick up the fight and build on what we have achieved.
As I turn the page on this final chapter, I thank all of our members for their love, support, and solidarity.”
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