Wrongful Dismissal?

[cusimano_brothers 1,655]

There is a case being heard by the Ontario Labour Relations Board regarding the firing of Dean Warren, an NHL referee trying to reinstated after he was let go by the League; from

Toronto Star :

...

"(Warren) didn't perform at the NHL standard in those two games," said Stephen Walkom during a hearing before the Ontario Labour Relations Board.

...

The league claims Warren was fired for "substandard performance."

"In my mind there was a number of penalties called in the last two games that didn't exist," said Walkom, a former president of the officials' assocation and who remains an on-ice referee with the league.

Those calls led players to react to Warren in a "contemptuous way," he said.

...

After day one, at first glance I thought Mr. Warren doesn't stand much of a chance in this case. However, after day two...; from Toronto Star :

The NHL removed senior official Dan Marouelli from playoff duties for the first time in memory last season as retribution for supporting colleague Dean Warren's wrongful dismissal case against the league, Warren's lawyer told a hearing on Tuesday.

In an intense exchange, lawyer Tom Curry alleged Stephen Walkom, the league's director of officiating at the time, iced Marouelli out of playoff action for agreeing to testify in Warren's Ontario Labour Relations Board hearing.

"When (Marouelli) phoned you and told you he was going to come here and assist Mr. Warren, you put him out of the playoffs," Curry charged.

Walkom chaffed at the allegation.

"You're questioning my integrity right now. That had nothing to do with it."

...

Of note: Mr. Walkom no longer holds that poisition and Mr. Marouelli will be officiating in his final season.

Is this just a case of "sour grapes" or does Mr. Warren really have the basis for a case he can win?

Keep in mind: this is the NHL he is fighting.

[b.shanafan14 733]

So the guy got canned for TWO bad games? Then whats O'Halloran still doing officiating? Were Warren's "phantom" calls called on the Pittsburgh Crosbies, cause that will definitely get you booted from this league

[cusimano_brothers 1,655]

The basis of Mr. Warren's case: from Toronto Star :

...

Warren was chosen to work the playoffs in his first year in the league in 2000-2001.

After not being chosen the following year, he was in the playoffs for the next three seasons (excluding the lockout year), he said.

After the 2005-06 playoffs, Warren alleges in his submissions to the board he was subsequently overlooked for playoff action for the past two seasons leading up to his firing last year.

That happened immediately after he'd been elected to the executive of the officials' association following the 2005-06 season.

...

[toby91_ca 620]

I think there are two questions here:

1 - do you think he's has a case (actual wrong doing here?)

2 - do you think he can win?

My thoughts:

1 - no one really knows here, but from my perspective, and what I've heard from others, the guy simply wasn't a good referee, at all. The strange thing I suppose is why he stuck around so long. Think about this, did anyone ever hear of this guys name until now? If you think about the best referees over the past 10-20 years, this guy would not come up on anyone's list.

2 - assuming he has a legit case, I do think it will be next to impossible for him to prove it. I'd be interested in Marouelli's thoughts on why he wasn't given playoff assignment last year and whether he agrees with the arguments put forth by Warren's camp as it relates to this. That said, I'm sure he'd support Warren since his plans were to speak on his behalf.

[Hack & Whack Rule! 160]

So the guy got canned for TWO bad games? Then whats O'Halloran still doing officiating? Were Warren's "phantom" calls called on the Pittsburgh Crosbies, cause that will definitely get you booted from this league

As funny as this was to read, it's completely true. The league has an obvious bias towards some teams, and a few refs seem to run roughshod over many games. It seems to me, sometimes, that they take time to interpret rules to favor a team and sometimes just plain make s*** up. I was quite surprised last year when no Red Wings got a 5 minute major for "being mean to Cindy".

[cusimano_brothers 1,655]

If Mr. Warren was really that bad, why did the League allow his career reach point where he refereed in any games, period? I think there is a lot of merit to the angle of his "union affiliation". Unless, Mr. Warren did that on purpose, giving him a litlle "protection" in the event of a firing. This case is very tough for him to prove, but I wish him all the luck in the world. It's good to see that the League treats some of their on-ice officials the same way they treat potential franchise owners; it shows a level of consistency.

[cusimano_brothers 1,655]

With every passing day, more and more light is shed on the operations of the officials and not in a good way; fromToronto Star :

The NHL made performance reviews of on-ice officials secret in 2005 to ease the process of firing those they no longer like, says Tom Curry, the lawyer representing recently terminated referee Dean Warren.

Routine performance assessments once shared openly with officials dried up when Stephen Walkom took over as director of officiating four years ago – a policy change that Warren opposed and one that ultimately contributed to his firing, said Curry.

"Mr. Warren favoured transparency in evaluations," Curry told a hearing before the Ontario Labour Relations Board where Warren is fighting to be reinstated as an NHL official.

The matter became a point of conflict between the two men until Warren's firing last year, Curry said.

Warren said his advocacy work on behalf of his colleagues as a member of the executive of the NHL Officials' Association irritated NHL management, which responded with a pink slip.

The league claims Warren was fired for "substandard performance."

...

Now more names are coming forward with their observations:

"It's like they're running a dictatorship where they don't have to be accountable for their actions," said Dave Newell, former NHL official and officiating supervisor until three years ago when he was fired by Walkom for reasons he said were never provided by the league.

During that time, he said his own assessments of Warren's abilities were "99 per cent extremely positive."

"I hate to see what they're doing to him. I know, because they did it to me."

...

"Based on my knowledge and experience working with him, Dean is a good referee who gets the job done," said veteran referee Kerry Fraser. "All of a sudden he became bad after he was elected. It wasn't about substandard performance. I would know. I worked with him."

All fingers point to the one person who was the main problem and he no longer holds that position: Mr. Walkom.

[MotorCityMadness 388]

I had the chance to attend a usa hockey officials weekend camp earlier in the summer and I met a guy who has been a linesman in the NHL for a while and he said Walkom is apparently trying to get back into officiating, but doesn't know if it will work

Edited October 9, 2009 by MotorCityMadness

[toby91_ca 620]

I had the chance to attend a usa hockey officials weekend camp earlier in the summer and I met a guy who has been a linesman in the NHL for a while and he said Walkom is apparently trying to get back into officiating, but doesn't know if it will work

Yes, this was public news back in the summer, not sure if it was any earlier than the link I'm attaching though (end of August).

I'm assuming he attending training camp, I haven't been bothered enough to try and figure out if he is now reffing or not.

http://www.tsn.ca/nhl/story/?id=288758

[cusimano_brothers 1,655]

Yes, this was public news back in the summer, not sure if it was any earlier than the link I'm attaching though (end of August).

I'm assuming he attending training camp, I haven't been bothered enough to try and figure out if he is now reffing or not.

http://www.tsn.ca/nhl/story/?id=288758

This nhl dot com shows Mr. Walkom to have made the cut.

What if his first evaluation report this season says: "slow skater"? Oh, the irony!

[kidish 0]

NHL officials are ******* screwy. They reply to fan concerns with "you don't know hockey, let us do our job." Literally.

We might be fans, but a lot of us watch a lot of hockey -- we know a missed high-stick that injures a player when it happens.

I hope this random nobody wins.

[OsGOD 3]

lol Mr. Walkom.... why do they have to get so formal... he is known across the league as ******!

[cusimano_brothers 1,655]

From Toronro Star :

NHL vice-president Colin Campbell strategized the firing of official Dean Warren in a series of often profane emails in 2006 and 2007.

"Warren has to go," Campbell wrote to then officiating director Stephen Walkom on Feb. 26, 2007, part of the evidence presented in an Ontario Labour Relations Board hearing examining Warren's termination last year.

"There must be a way to get rid of this guy. Is there a way we could track total minors called by referees this year?

Walkom responded in writing: "I think we have that data but it may work in (Warren's) favour. That why I'm against data."

...

Bill Daly, NHL deputy commissioner, responded to an interview request yesterday saying "there's clearly nothing in those messages that would suggest any anti-union animus. I think the messages confirm there was concern about the official's performance."

Daly defended Walkom's decision to dismiss data as a means of assessing Warren's performance, saying "statisitcs by themselves without context can be misleading."

Campbell's regular emails to Walkom contain often frank remarks about the quality of on-ice officiating in the league and vocal criticism of specific officials, including Warren.

In an email to Walkom on Sept. 14, 2007, Campbell asked: "Can we use this sh-- to remove him or is there an HR (human resources) excuse?"

A Nov. 17, 2006 email from Walkom to Campbell says Warren was "rated real low as a trainee and they gave him a contract because he mentioned discrimination."

...

[cusimano_brothers 1,655]

From Toronto Star:

Fired NHL referee Dean Warren will take his wrongful dismissal fight against the league to court after failing to win his job back through the Ontario Labour Relations Board.

Warren and his lawyers intend to appeal a decision by the OLRB’s Brian McLean, arguing it contains errors of law and overlooks key evidence presented at the hearing.

...

Good for Mr. Warren. This case stinks of cover-up

[Donaldjr2448 43]

From Toronto Star:

Good for Mr. Warren. This case stinks of cover-up

[/quote}

Hey Cusimano! What is the most Warren can gain from this?? I think here in the United States he would get his old job back, but thats about it! What would he be able to do in Canada from a legal stand point?

I personally hope it shakes the core of the NHL bullies at the top, but I have a feeling it won't!

[egroen 384]

Surprised to see a current ref, Fraser, stick his neck out like that.

[Nev 1,085]

Doesn't Fraser retire this year? He's been one of their top refs for what? 10, 20 years. What they gunna do, say he suddenly sucks and fire him? Bit obvious methinks.

[egroen 384]

Doesn't Fraser retire this year? He's been one of their top refs for what? 10, 20 years. What they gunna do, say he suddenly sucks and fire him? Bit obvious methinks.

Ah - didn't know he planned on retiring after this year.

[cusimano_brothers 1,655]

Both Mr. Fraser and Mr. Marouelli were witnesses during the Warren case. It was deemed that the only reason they testified on behalf of Mr. Warren was because each, it their own way, had an "axe to grind" with the League. I have Mr. Fraser's book, ready to read; after Fleury, Shore and Probert. I know he's critical of the League's unwillingness to adopt better rules regarding headshots.

[hooon 1,089]

If the NHL actually fired refs for having bad games where they called several phantom penalties....

There'd be about 1 ref and 4 linesmen left in the entire league.