Loading...
HomeMy WebLinkAbout2005-1443.Tardiel et al.09-07-15 Decision Commission de Crown Employees Grievance règlement des Settlement Board griefs des employés de la Couronne Suite 600 180 Dundas St. West Bureau 600 Toronto, Ontario M5G 180, rue Dundas Ouest 1Z8 Toronto (Ontario) M5G Tel. (416) 326-1388 1Z8 Fax (416) 326-1396 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2005-1443 UNION#2005-0530-0022 Group ?A? & ?B? Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Tardiel et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREChristopher J. Albertyn Vice-Chair FOR THE UNIONDavid Wright, Ryder Wright Blair & Holmes LLP, Barristers & Solicitors Eric del Junco, Barrister and Solicitor Donald McLeod, The McLeod Group, Barristers and Solicitors FOR THE EMPLOYERMelissa Nixon and Cathy Phan Ministry of Government Services Counsel HEARINGMay 11, 13 and 14, 2009. - 2 - Decision I issued a decision on June 30, 2009 setting out the parties? agreed or directed objectives and the actions required to achieve those objectives. One issue remains outstanding from those objectives, the Suspicious Mail Handling Protocol. This decision provides the Suspicious Mail Handling Protocol at the Toronto Jail, on the basis of the submissions made by the parties. The parties are directed to comply with its terms. The Employer is directed to provide each employee with a copy of this Protocol, for which each employee is directed to sign, acknowledging receipt. I remain seized with respect to the implementation of this Protocol. Suspicious Mail Handling Protocol Preamble Adult Institutional Services and the senior administration of the Toronto Jail are committed to ensuring a safe and respectful workplace that is free from discrimination and harassment, hostility, violence, and bullying. Unfortunately, past situations have occurred at the Toronto Jail where employees have received anonymous mail containing racially motivated threats. In order to appropriately respond to and manage anonymous mail containing similar threats in the future, the development, implementation, and periodic review of this protocol has been undertaken. This Protocol focuses on criminal evidence handling, appropriate threat assessment, the implementation of reasonable security precautions, timely accurate communication to those impacted, appropriate individual attention to those most affected, and recognition of the particular circumstances of each affected employee. This Protocol seeks to encroach upon individual employee privacy rights as little as reasonably possible, while protecting the interests of the Employer and of all employees in maintaining a workplace that is free from harm, harassment and discrimination. This Protocol compliments individually signed protocols that are the result of grievance or human rights settlements, employer and employee obligations under legislation, policy or local standing orders and it should be read in conjunction with them, including: Toronto Jail Standing Orders ? Section 2.3.10 Staff Prohibition against using institutional address to receive personal mail; Adult Institutions Policy & Procedures Manual ? Employee Section ?Threats Against Staff?; Occupational Health & Safety Act ? Duties of Employer Section 25 (2) h ?take every precaution reasonable in the circumstances for the protection of a worker;? and Duties of Worker Section 28 (1) d ?report to his or her employer or supervisor any contravention of this Act or the regulations or the existence of any hazard of which he or she knows.? - 3 - Procedure 1. All incoming mail to the Toronto Jail is received by the receptionist. The receptionist is to wear gloves prior to handling any of the incoming mail. The receptionist date stamps the mail, then separates the inmate mail from the administrative mail (which includes mail addressed to staff). 2. The receptionist delivers the mail to the security inbox. 3. Two security managers, working together, review the administrative mail. They identify what, 1 in their opinion, is any suspicious mail. 4. Once suspicious mail has been identified, the following process will apply. 5. Using gloves, the security officer will place the item of mail in a transparent police property 2 evidence bag. The Superintendent will be immediately notified. 3 6. If the suspicious mail is addressed to a particular employee, a security manager will check to see if that individual is at work on duty. If so, the individual will immediately be summoned. If the employee is not at work on duty, the Superintendent will immediately take reasonable steps to contact the employee so as to inform them of the suspicious mail. 7. If contact is made with the employee within a period of 24 hours from when the Superintendent first attempts such contact, the Superintendent will inform the employee of the suspicious mail and advise the employee of what will happen to the mail. The Superintendent will tell the employee that they are entitled to accompany the security manager when the mail is given to the police. When speaking to the employee, the Superintendent will ascertain whether the employee intends to attend the police station with the security manager, as described below, in which event the Superintendent will inform the security manager of this intention. 8. If the employee not on duty cannot be readily contacted, the Superintendent will leave a message for the employee to make contact, explaining that such contact is urgent and concerns mail received at the Toronto Jail. 9. Unless there is reason to believe that the suspicious mail constitutes an immediately threat to the institution or an individual, the following maximum period of 24 hours will apply. If, within the 24-hour period, the employee cannot be contacted, or if the employee does not respond to the Superintendent?s attempt at contact, or if the employee cannot attend to review the letter, or if the employee indicates they do not wish to be present when the suspicious letter is handed to the police, the Employer may proceed to take the suspicious letter to the police for processing, without further delay. 10. If the employee avails themself of the opportunity to meet with the Superintendent and/or the security manager within the 24-hour period, the employee will be shown the suspicious mail, though they may not touch it. If the employee is able to identify the suspicious mail and convince 1 Determining what is suspicious mail involves the exercise of judgment by the security managers. Among the indications of suspicious mail are the following: poorly written, incomplete or misspelled or typed addresses, improper or no return address, incorrect titles, the title of an individual but no name, mail that has descriptive marking like ?confidential?, special delivery stickers, excess stamps. 2 Or her deputy, throughout his Protocol. 3 If the mail is addressed to more than one employee, then what follows applies to all of the named employees. - 4 - the Superintendent or, in the Superintendent?s absence, the security manager, that the mail is not suspicious, the mail will be handed to the employee without being opened. 11. If the employee identifies the mail, but does not persuade the Superintendent or, in the Superintendent?s absence, the security manager, that the mail is not suspicious, the mail will not be handed to the employee, and will be treated as suspicious. 12. Upon the Superintendent being notified of the suspicious mail, the Superintendent will forthwith inform the following: the local Union President, a designated individual of the Union corporately, the Employer corporately through an incident report, the Ministry?s Information Management Unit, the Regional Director, and a person assigned to receive such communications 4 by OED. 13. If the particular employee indicates within the 24-hour period that they wish to accompany the security manager to the police station, the employee will be entitled to do so. At the expiry of the 24-hour period (or earlier, if the employee indicates a willingness to attend earlier, or to permit the letter to be delivered to the police without them being present), the Superintendent will direct a security manager to take the letter to 55 Division of the Toronto Police. 14. The security manager will wait for the police to take custody of the suspicious mail, accompanied by the employee, if the employee is present. 15. If the police officer decides to give a copy of the suspicious mail to the security manager at that time, the employee present will also be entitled to receive a copy. If it turns out, upon opening the mail, that it is not suspicious, but is a letter addressed to the employee by a person known to the employee, the letter will be placed back in the envelope and given to the employee. 16. If the police officer does not immediately give a copy of the letter to the security manager (and the employee), the security manager will arrange for a copy to be sent to the Superintendent as soon as possible. The security manager will liaise with the police until the copy is received to ensure the copy is delivered as soon as possible. 17. The security manager will hand the copy received from the police to the Superintendent. Upon receipt by the Superintendent, the Superintendent will ensure that a copy is handed in person to the recipient employee as well as to any other employee named in the letter. This will be done as soon as reasonably possible, with the employee being advised in advance that suspicious mail has been received addressed to the employee and the employee may choose to be accompanied by a person of their choice when they are handed the letter. If possible, the Superintendent should personally hand the letter to the employee concerned. 18. Upon the Superintendent being provided a copy of the suspicious mail, the Superintendent will forthwith provide a copy to the following: a designated individual of the Union corporately, the Local Union President,the Employer corporately, the Regional Director, and a person 5 assigned to receive such mail by OED. 19. The Superintendent, with the security manager, will conduct a preliminary assessment of the contents of the mail with any employee identified therein to determine if the mail contains specific or non-specific threats. 4 The OED representative at present is Allyson Ayres. 5 The OED representative at present is Allyson Ayres. - 5 - 20. If the mail is in any way threatening or offensive, the employee given a copy will be provided with appropriate support, including EAP referral, the opportunity to request use of personal leave credits, an offer of having an available on-duty support person of their choice or an opportunity to contact a support person or family member privately. The Superintendent may consult with WED in order to determine what other appropriate and reasonable supports can be provided to threat letter recipients. 21. If the Superintendent?s assessment is that the mail contains a non-specific threat (a threat that is likely to cause the recipient or a named individual to fear for their safety and security or that of another person, with no indication of detailed planning), the Superintendent will direct that a risk assessment be done. The risk assessment will result in a report of the general vulnerabilities of the individual employee affected by the threat. The report will recommend what reasonable mitigation or defensive measures should be provided to address the identified vulnerabilities. 22. If the Superintendent?s assessment is that the mail contains a specific threat (a threat that is likely to cause the recipient or a named individual to fear for their safety and security or that of another person, with information that indicates planning or surveillance), the Superintendent will direct that a threat assessment be done. The threat assessment will result in a report of the vulnerabilities of the individual employee affected by the threat. The report will recommend what reasonable mitigation or defensive measures should be provided to address the identified vulnerabilities. 23. Either then, or at a later date, the employee at risk will be entitled to request a specific protocol to fit their individual needs. The protocol may include specific support for the individual, information of support services, and opportunities. The Union should be consulted regarding the terms of individual protocols. 24. Upon receipt of the findings of a risk or threat assessment, the Superintendent will communicate those findings to the affected employee and to the Union. The provision of reasonable personal security will be based on the findings. 25. If an employee directly receives work-related suspicious threatening mail at work or at home, and if the mail would create a reasonable apprehension of harm to a person other than the recipient, the employee shall report this occurrence to the Superintendent. If there is no reasonable apprehension of harm to anyone other than the recipient, the recipient is not required to, but is encouraged to, report it to the Superintendent. Upon reporting the occurrence, the employee is required to submit a detailed occurrence report capturing all of the information concerning receipt of the correspondence, including how the recipient physically handled the envelope and its content. The employee will give the original of the threat letter to the Superintendent for forwarding to the relevant Police Service. 26. If an employee directly receives work-related suspicious threatening mail at work or at home that that would not create a reasonable apprehension of harm to a person other than the recipient, the employee is not required to report it to the Superintendent, but if the employee fails to so report it, the employee will have no claim whatsoever against the Employer or the Union with respect to that suspicious letter for special treatment or any other relief. 27. After coming into possession of suspicious mail, within a reasonable period, the Employer will notify the staff that a threatening letter has been received, with such detail as the Superintendent reasonably considers to be appropriate as to the nature of the threat. - 6 - 28. Information regarding any threat contained in suspicious mail and the actions taken by the Superintendent with respect to that threat will be documented in a confidential file maintained by the Superintendent, in addition to entries under the Ministry?s normal incident report process. 29. The Employer will ensure that those identified in threatening or hate mail (mail that expresses malice or hatred, and that may contain a threat) are treated with courtesy, compassion and respect for their personal dignity and privacy, and they are given access to information concerning services and remedies available to them. To the extent the Employer is able to obtain the information, it will inform those identified in threatening or hate mail of the progress of criminal investigations and prosecutions. 30. Every 6 months, in collaboration with the Union and the affected employee, the Superintendent will review each individual protocol, as to whether it continues is necessary, or as to adjustments and modifications that should be made to it. th Dated at Toronto this 15 day of July 2009. Christopher J. Albertyn, Vice-Chair