OPSEU suing Warren 'Smokey' Thomas, 2 other former execs for more than $6M in damages

The Ontario Public Service Employees Union is suing three former executives for more than $6 million, alleging the three enriched themselves unjustly using the union's money and assets.

In a statement on the union's website, OPSEU president J.P, Hornick said the lawsuit names former president Warren "Smokey" Thomas, former first vice-president/treasurer Eduardo Almeida and Maurice Gabay, former administrator of the union's financial services division. 

A statement of claim was filed on Monday in Ontario Superior Court. In it, the union says it is seeking to recover $5.75 million it alleges was unlawfully transferred to Thomas, Almeida and Gabay, as well as over $6 million more in damages.

The statement alleges Thomas and Almeida took action that prompted the union to:

The allegations have not been tested in court. CBC Toronto has so far been unable to reach the three former executives named in the suit.

OPSEU says it represents 180,000 workers employed by the Ontario government, community colleges, the LCBO, health care sector and in community agencies in the broader public sector.

The statement of claim notes that Thomas served as president for seven terms over 15 years,  while Almeida was first vice-president/treasurer for five terms over 11 years. Thomas retired in April 2022, while Almeida resigned in July of the same year.

As for Gabay, the statement of claim notes he was the union's accountant in its financial services division from 2008 to 2015, then was promoted to administrator of its financial services division until his position was terminated in April 2022.

OPSEU says in the statement of claim that the three breached their duties to the union.

"They abused the power and authority that the Union's membership bestowed upon them and violated the trust that the Union's membership placed in them year after year, election after election," it reads.

The union alleges the financial misconduct took the form of improper compensation and payouts, improper expenses, transfer of vehicles, cash withdrawals from its strike fund, "wholly inappropriate, unreasonable and improvident" settlement agreements that benefited Thomas and Almeida.

The union said it seeks recovery of all of the funds and assets misappropriated by the three.

According to the statement of claim, Thomas received a salary of $142,740 and Almeida was paid $131,322 in 2021. In addition, the union says it learned that the two received payouts for "lieu days," designed to compensate for working on the weekend or statutory holidays. The amounts totalled $399,472 for Thomas and $281,275 for Almeida from 2017 to 2022, totals to which they were not entitled, according to the union.

The union alleges that the three racked up "significant" expenses on their corporate credit cards, which the union paid on their behalf. From 2019 until they left in 2022, Thomas had charges totalling $136,015, Almeida had charges totalling $1,361,716, including $15,500 in a cash advance, and Gabay incurred charges totalling $176,556.