[GSA Council] Appeal - CFS v. RAE - GSA- VERY IMPORTANT

Wed Mar 9 22:10:37 PST 2016

Dear Councilors,

This is more background information. Please note that the information on
the settlement is confidential. I will be available to provide more
information as I stated earlier.

The CFS case between CFS vs GSA & CSU was settled last year and RAE was
included in the settlement agreement. We are therefore bound by a
confidentiality agreement we entered into with CFS. I informed you of the
CFS case earlier.

Rassemblement des associations étudiantes (RAE) was formally called
CFS-Quebec or CFS-Q. RAE is composed of Dawson Student Union(DSU),
Concordia Student Union (CSU), Postgraduate Student Society of McGill
(PGSS) and Graduate students Association (GSA).

RAE was the provincial wing of CFS and had a formal disaffiliation from CFS
in May 2010. CFS claimed that CFS-Q ceased to be their recognized
provincial affiliate at an earlier date.

This case is to determine if RAE was the legitimate provincial component of
the CFS up until May 2010. If RAE was the legitimate provincial component
of the CFS, RAE has the right to claim the provincial component membership
fees for the years 2009-2010, which were being held by the voting member
associations until a judgment had been rendered.

On September 5, 2014, the Superior Court ruled in RAE's favour, and
recognized that RAE was the only legitimate provincial component of the
CFS. CFS appealed the Superior Court decision, and the appeal will take
place on March 11, 2016.

By virtue of the first judgement, RAE is entitled to some money. Some of
this money has to be offered to CFS.

There is money being owed in legal fees which is being split equally
between DSU, CSU, PGSS and GSA. If the settlement goes through RAE will get
some money. If we have to continue with the appeal the legal fees will go
up. The lawyer has recommended Settlement.

Regards,

*Alex Ocheoha*
President

Graduate Students Association
Concordia University
2030 Mackay · Montreal · QC · H3N 1J1
tel  514.848.2424.x7900  ·   fax  514.848.7904

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On Wed, Mar 9, 2016 at 5:35 PM, Rahul Kumar <rk8443 at gmail.com> wrote:

> Hi Keroles,
>
> That Agreement was to opt out of CFS and as part of this resolution it is
> agreed that the membership has been terminated. It had nothing to do with
> Mcgill or CSU or Dawson. That agreement was a settlement between CFS and
> GSA only. Other students done know and must not know much was our
> settlement cost. But this thing has to do with collective law suit between
> CFS and REA. You can always talk to Alex for the full details as I am
> bonded by the confidentiality agreement.
>
> Yours Sincerely,
>
> Rahul Kumar
>
> Graduate Students Association Director for ENCS (GSA 2015-16, Concordia
> University)
> Academic Research Assistant (Optical-Bio Micro-systems Laboratory,
> Concordia University)
> Teaching Assistant (Dept. Of Mechanical & Industrial Engineering,
> Concordia University)
> Service Desk Operator (Academic Information Technology Services (AITS),
> Concordia University)
> Masters Student (Thesis)
> Dept. of Mechanical and Industrial Engineering, Concordia University
> *+1 (514) 512-6320 <%2B1%20%28514%29%20512-6320>*
>
> [image: https://ca.linkedin.com/in/rahul-kumar-71b66a49]
> <https://ca.linkedin.com/in/rahul-kumar-71b66a49>
> <http://rk8443.blogspot.ca/>
>
>
> On Wed, Mar 9, 2016 at 5:20 PM, Keroles Riad <k_riad at encs.concordia.ca>
> wrote:
>
>> Thank you Rahul.
>> My understanding is that the CFS case has been settled last year. (
>> http://www.gsaconcordia.ca/gsa-statement-in-regards-to-cfs/)
>>
>> Thanks
>> Keroles Riad
>> INDI PhD candidate
>> B.Eng Mechanical Engineering
>> Laboratory for the Physics of Advanced Materials
>> Department of Mechanical & Industrial Engineering
>> Concordia University
>> 1455 de Maisonneuve Blvd. West
>> Montreal, Quebec
>> Canada H3G 1M8
>> Ph: 1-514-298-7997
>>
>> Follow me
>> @Kerologist
>> Call
>> Send SMS
>> Add to Skype
>> You'll need Skype Credit
>> Blog: keroriad.blog.com
>>
>>
>> ------------------------------
>> *From:* Rahul Kumar <rk8443 at gmail.com>
>> *To:* Sana Cigam <electradlm at gmail.com>
>> *Cc:* "Gsaconcordia at lists.resist.ca" <gsaconcordia at lists.resist.ca>
>> *Sent:* Wednesday, March 9, 2016 5:05 PM
>> *Subject:* Re: [GSA Council] Appeal - CFS v. RAE - GSA- VERY IMPORTANT
>>
>> Dear Council,
>>
>> As we all know, in the past Students Associations of Quebec (GSA, CSU,
>> Mcgill, Dawson) decided to opt out of CFS. Now as a part of settlement GSA
>> along with other student union will be receiving some amount of money
>>
>> from CFS. CSU along with Mcgill and Dawson has decided to settle for that
>> amount and only GSA is to decide whether or not to settle. As the matter is
>> confidential the numbers cannot be quoted in this email.
>>
>>
>> All the fees for Lawsuit was shared by the 4 students union so far and
>> the amount received by CFS will be split among the student unions.
>>
>>
>> But if we decide not to settle then we will have to bare the fees of the
>> whole lawsuit after the March  16th hearing. Also note the other student
>> union are going to settle with or without GSA's approval. The out come of
>> lawsuit will be
>>
>>
>> a) We loose to CFS and end up paying to them and for the lawsuit from GSA
>> fund.
>>
>>
>> b) We win, we get money from CFS and we use that money to pay for our
>> lawsuit.( We still might end up using GSA funds to pay for the lawsuit as
>> the amount received might not be sufficient)
>>
>>
>> c) We again end up settling and in this case the possible out come can be:
>>
>>
>>           - We end up settling and getting money from CFS and use that
>> money for lawsuit ( We still might end up using GSA funds to pay for the
>> lawsuit as the amount received might not be sufficient)
>>
>>
>>           - We end up settling and giving money to CFS. In this case we
>> have to pay CFS and for the lawsuit.
>>
>>
>> The only win - win situation right now is to settle with CFS along with
>> other student unions and close this CFS chapter once and for all.
>>
>>
>> As the matter remains confidential and as per our agreement with CFS,
>> none of this should be mentioned in the motions in the GSA council package
>> as we cannot disclose it to public.
>>
>>
>> I hope this will provide you all a sufficient information for making
>> decision.
>>
>> *I Vote FOR this settlement. *
>>
>> Yours Sincerely,
>>
>> Rahul Kumar
>>
>> Graduate Students Association Director for ENCS (GSA 2015-16, Concordia
>> University)
>> Academic Research Assistant (Optical-Bio Micro-systems Laboratory,
>> Concordia University)
>> Teaching Assistant (Dept. Of Mechanical & Industrial Engineering,
>> Concordia University)
>> Service Desk Operator (Academic Information Technology Services (AITS),
>> Concordia University)
>> Masters Student (Thesis)
>> Dept. of Mechanical and Industrial Engineering, Concordia University
>> *+1 (514) 512-6320 <%2B1%20%28514%29%20512-6320>*
>>
>> [image: https://ca.linkedin.com/in/rahul-kumar-71b66a49]
>> <https://ca.linkedin.com/in/rahul-kumar-71b66a49>
>> <http://rk8443.blogspot.ca/>
>>
>>
>> On Wed, Mar 9, 2016 at 4:29 PM, Rahul Kumar <rk8443 at gmail.com> wrote:
>>
>> Hello Council,
>> I have some past experience and updated information about the situation.
>> Please wait till I get back to you.
>> You will receive the updated information shortly which will help you all
>> the make decision.
>> Regards,
>> Rahul
>> On Mar 9, 2016 4:25 PM, "Sana Cigam" <electradlm at gmail.com> wrote:
>>
>> Hello Alex and council,
>>
>> I am completely unaware of what the above mentioned issue is. As far as I
>> can see in the minutes, this has never been mentioned in any council
>> meeting, despite its alleged urgency.
>> I feel I do not have the time to catch up with the details and
>> intricacies of such an important issue on such sort notice. I will,
>> however, try to get up to date if the information is provided.
>>
>> This, however, is another call for council to make a last minute decision
>> on pertinent matters when they have been left in the dark the entire period
>> leading up this.
>>
>> Throwing the ball at us without having given as so much as a hint
>> regarding this matter leaves us objectively unprepared to make a decision
>> on something that affects the entire student body. This attitude is unfair,
>> unrealistic, and unprofessional.
>>
>> Also, we cannot call another meeting until ten working days have passed
>> since the previous meeting.
>>
>> I, however, refuse to take any responsibility on a matter that I found
>> out about just now.
>>
>> Allow me to repeat: if materials may be forwarded, I will gladly go
>> through them as to inform myself. I do feel, however, that the entire
>> council is being pushed into a corner to make a decision they have not been
>> up to date with, or ever informed on.
>>
>> Best Regards,
>> Stephi
>>
>> 2016-03-09 15:35 GMT-05:00 Alex Ocheoha <president at gsaconcordia.ca>:
>>
>> Dear Councillors,
>>
>> I was supposed to brief you on the CFS v. RAE - GSA Appeal which comes up
>> for hearing on Monday, March 14, 2016.
>>
>> This item was tabled at the February 20, 2016 meeting and we did not get
>> to that point on the agenda during the March 16, 2016 meeting.
>>
>> The lawyer has recommended settlement so that we do not drive up legal
>> fees. The DSU and CSU has agreed to the settlement offer.
>>
>> We had the opportunity to make a counter offer but it is too late in the
>> game to do so. If there is no agreement to settlement, the trial will go
>> ahead as scheduled.
>>
>> I will leave it up to directors to decide. We can have an emergency
>> meeting to decide this or agree by email to accept the lawyer's
>> recommendation for settlement.
>>
>> If anybody wants more details, I will be at the GSA house or at the
>> university to discuss. I can be reached by phone on (514)569-6069.
>>
>> I will not be available between 5-6PM because I have to pick up my
>> daughter from the daycare.
>>
>> Thank you for your kind cooperation.
>>
>> Regards,
>>
>>
>>
>>
>>
>> *Alex Ocheoha*
>> President
>>
>> Graduate Students Association
>> Concordia University
>> 2030 Mackay · Montreal · QC · H3N 1J1
>> tel  514.848.2424.x7900  ·   fax  514.848.7904
>>
>> *Privacy Notice*
>> This message is reserved for the exclusive use to whom it is adressed and
>> may contain privileged or confidential information. Unauthorized disclosure
>> and/or utilisation is strictly prohibited. If you have received this
>> message in error, please notify us immediately. Next, destroy this message
>> and any attachments.
>>
>> *Avis de confidentialité*
>> Ce message est réservé Ã  l'usage exclusif du destinataire; il peut
>> contenir de l'information protégée ou confidentielle. Toute divulgation
>> et/ou utilisation non autorisée est strictement interdite. Si vous avez
>> reçu ce message par erreur, veuillez nous aviser immÃ©diatement. Veuillez
>> par la suite dÃ©truire le message ainsi que toute pièce jointe.
>>
>>
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