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Home My WebLink About2009-0188.Grievor.09-10-15 Decision Commission de Commission de Crown Employeess Grievance Settlement Grievance Settlement règlement des griefs règlement des griefs BoardBoard des employés de la des employés de la Couronne Couronne Suite 600 Suite 600 Bureau 600 Bureau 600 180 Dundas St. West 180 Dundas St. West 180, rue Dundas Ouest 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Tél. : (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Fax (416) 326-1396 Téléc. : (416) 326-1396 Téléc. : (416) 326-1396 GSB 2009-0188 GSB 2009-0188 File Numbers listed in Appendix ?A? File Numbers listed in Appendix ?A? IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION UUnnddeerr THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT BBeeffoorree THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD BETWEENBETWEEN Ontario Public Service Employees Union èÏÔÎÏ - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair M. Brian Keller FOR THE UNION Scott Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYERGary Wylie and Greg Gledhill Ministry of Community Safety and Correctional Services Staff Relations Officers HEARINGSeptember 10, 2009. DECISION th [1]On May 27, 2008, the Ministry of Community Safety and Correctional Services (MCSCS) requested that the I.T. Forensics Team initiate an I.T. forensics investigation on four computers at Ottawa-Carleton Detention Centre (OCDC) for evidence of misuse of Government of Ontario IT resources, based on a web filtering report th provided by the Information Protection Centre (IPC) on May 19 2008. The Ontario Public Service utilizes over 45,000 computers that are constantly monitored in regards to their activity. This automatic monitoring includes identifying each occurrence where either an improper site has been accessed, or where an attempt has been made to enter a blocked site. A preliminary report on the findings based on a cursory examination on the acquired data was provided to the Ministry of Community Safety and Correctional th Services on June 13 2008. [2]The forensics investigation found significant improper use of OCDC computers. The investigation also revealed inappropriate images, sexually suggestive poses, people engaged in sexual acts as well as videos with scenes of violence and sexuality. [3]The end result of the investigation was that approximately 140 employees at OCDC were disciplined in the spring of 2009. Subsequently, 121 grievances were filed, each alleging improper discipline. [4]On agreement of the parties, the grievances were consolidated and dealt with on September 10, 2009, in an expedited manner. The parties put before the Board the investigation reports and results, applicable Government and Ministry Policies as well as, where necessary, specific rationale dealing with certain individual grievances. [5]It is to be noted that not every grievor contested whether discipline was warranted. In most cases, the issue was whether the level of discipline (ranging from written reprimands to twenty days suspensions) was appropriate. The parties agreed to be bound by the decision of the Board. [6]The policies, rules and regulations of the employer, including the Ministry, are clear. They are available to all employees. Correctional Officers, going through training, are - 2 - in-serviced on these policies. Additionally, both the union and employer, in various publications and communications with its employees/members, have emphasized that the policies, rules and regulations must be adhered to and any failure to abide by them can lead to discipline. [7]Applicable, relevant, policies and rules include the following: Information & Information Technology (IT) Security Protecting government information and IT resources is important for many reasons. Ontario government computers have applications that are used for a variety of purposes. MCSCS has its own specific systems and databases that are used to track offenders and calculate offenders? sentences as well as to conduct ministry-wide payroll procedures and other communication functions. Other ministries have their own systems. It is vital that all systems work at full capacity at all times. [8]All the users of OPS I&IT ? including employees, staff, managers, contractors, vendors and consultants ? are accountable for their own actions when using these Government IT resources belong to the government and are intended resources. for government business. There may be brief, occasional uses for personal reasons, but confidentiality cannot be guaranteed. [9]The Ontario Public Service and the MCSCS have policies, procedures and legislation in place concerning discrimination, harassment and the use of government resources. These include: Ontario Human Rights Code Workplace Discrimination and Harassment Prevention Policy (WDHP) I&IT Directive Operating Procedure on Usage of IT Resources Operating Procedure on Internet, Intranets and Extranets [10] These policies must be followed; they apply wherever and whenever government IT resources are being used ? including the office, the correctional setting, at home, during lunch, during work hours or after work. - 3 - [] OVERVIEW: 11 Ontario Government Policy on Use of IT Resources Information and information technology resources are to be used for government business purposes that support the operations and service delivery of ministries and agencies. Computerized devices used for remote access to integrated networks are a de facto extension of that network, and are subject to the same policies and standards as the computerized devices in government offices. Users are individually accountable for their use of Ontario government I&IT resources. Misrepresentation of the provincial government identity and misuse of the government business practices are unacceptable. Sensitive information can only be exchanged, in a secure manner, with those having authorized access. Use of government computers, networks, systems and software may be subject to monitoring. Unacceptable uses of the Internet, Intranets and Extranets may result in disciplinary action and an investigation as needed. [] Unacceptable Uses 12 Any use of IT resources which results in discrimination, harassment or is conducive to the creation of a ?poisoned? work environment. Visiting web sites that contain offensive material and/or displaying, storing, creating, accessing or printing offensive material. Any activity related to operating a private business. Sending emails on behalf of a religious volunteer organization. Sending emails that misrepresent the government?s views or discredit the government or other staff. Sending anonymous messages or impersonating others. Sending ?Chain letters?. Sending, sorting, or encouraging the sending of e-mails which violate the WDHP policy. Downloading games, music, movies or video files. Playing games, watching movies or listening to Internet Radio. - 4 - Copying, sending or receiving unlicensed software. Installing unlicensed software. [] REPERCUSSIONS 13 There are serious consequences to misusing government IT resources; these range from minor disciplinary actions to dismissal from one?s position. [14] The Ontario government is committed to: ensuring that its IT resources are used for official purposes only and, providing a positive and respectful workplace free from discrimination and harassment. [15] The Ontario government has zero-tolerance for abuse of its resources. [16] In the instant case, there can be absolutely no doubt of the breach of the policies, rules and regulations. Some were more egregious than others and that accounted for the differential treatment as it relates to discipline. I have reviewed the cases put before me by the parties and have determined that some modifications to the level of discipline is warranted, in some cases. I have not, in any case, annulled the discipline completely. I have, at the request of the parties, communicated the disposition of individual cases to the parties confidentially. I will not speak to individual cases in this Order, but will deal with the broad principles of the type of behaviours exhibited by the grievors, as well as the potential consequences of such behaviours. In addition, I will deal with, and make, specific Orders to further address this issue. [17] It is apparent that the employer has made its position on this issue abundantly clear. It is equally clear that employees have been made aware of the employer?s policies in this area. Behaviour of the type exhibited by the grievors was wrong and that behaviour should not and cannot be tolerated. Employees who engage in this type of behaviour must expect to be disciplined. That is, and should be, the norm. It should further be understood that the behaviour can result in significant discipline, up to and including discharge. It is not difficult to avoid this improper behaviour and no employee should be surprised at the consequences that flow if they engage in it. - 5 - [18] Employees must understand that the employer has a clear, unambiguous policy, as expressed above and they are obligated to follow those policies or expect to be disciplined. If employees are in anyway unclear as to the meaning of any of those policies, they should discuss it and clarify it with management. Breaches should not be tolerated or excused. [19] In addition to the rulings on the individual cases, as communicated to the parties, I make these further Orders: 1.Effective immediately, Correctional Officers at OCDC are ordered to abide by all relevant IT policies. 2.The employer is to have in place, no later than January 1, 2010, an electronic means to restrict access by Correctional Officers at OCDC to the internet. To effect this prohibition, the employer can take whatever steps are required to disable internet access at computer terminals where CO?s have access. 3.Effective January 1, 2011 internet access at OCDC will be restored to CO?s to the then prevailing Ministry standard, it being understood that the Ministry has the right to limit the number of access points, computers and sites employees may access at the workplace using Ministry property. It is to be understood that while this decision deals specifically with OCDC, nothing in the decision should be construed as limiting the rights of the employer regarding computer usage at any other facility. 4.This decision shall be disseminated by the employer and the union to its employees / members. In addition, copies of this Award shall be posted by the employer, for a period of 30 days, in each Ministry Adult Institution workplace, in one or more locations, as required, so that it will come to the attention of all employees. 5.Where suspensions have been reduced, monies owing will be paid no later than 60 days following release of this decision. In addition, the disciplinary letters will be amended and re-issued as required, to reflect the changes, as soon as possible. - 6 - [20] I remain seized regarding any issues arising out of the implementation of the above noted Orders. th Dated at Toronto this 15 day of October 2009. Brian Keller, Vice-Chair - 7 - Appendix "A" GSB Number Union File Number GSB Number Union File Number 2009-01882009-0411-00122009-02432009-0411-0040 2009-01892009-0411-00132009-02442009-0411-0041 2009-01902009-0411-00112009-02452009-0411-0022 2009-01912009-0411-00452009-02462009-0411-0038 2009-01962009-0411-00262009-02472009-0411-0039 2009-01972009-0411-01192009-02482009-0411-0037 2009-02122009-0411-00672009-02492009-0411-0036 2009-02132009-0411-00682009-02502009-0411-0035 2009-02142009-0411-00692009-02512009-0411-0034 2009-02152009-0411-00702009-02522009-0411-0081 2009-02162009-0411-00712009-02532009-0411-0082 2009-02172009-0411-00722009-02542009-0411-0083 2009-02182009-0411-00732009-02552009-0411-0085 2009-02192009-0411-00742009-02562009-0411-0086 2009-02202009-0411-00752009-02572009-0411-0087 2009-02212009-0411-00772009-02582009-0411-0088 2009-02222009-0411-00782009-02592009-0411-0090 2009-02232009-0411-00792009-02602009-0411-0091 2009-02242009-0411-00802009-02612009-0411-0092 2009-02252009-0411-00282009-02622009-0411-0094 2009-02262009-0411-00312009-02632009-0411-0095 2009-02272009-0411-00302009-02642009-0411-0098 2009-02282009-0411-00292009-02652009-0411-0096 2009-02292009-0411-00272009-02662009-0411-0099 2009-02302009-0411-00252009-02672009-0411-0101 2009-02312009-0411-00242009-02682009-0411-0102 2009-02322009-0411-00232009-02692009-0411-0108 2009-02332009-0411-00322009-02702009-0411-0104 2009-02342009-0411-00152009-02712009-0411-0105 2009-02352009-0411-00142009-02722009-0411-0106 2009-02362009-0411-00332009-02732009-0411-0109 2009-02372009-0411-00172009-02742009-0411-0110 2009-02382009-0411-00162009-02752009-0411-0111 2009-02392009-0411-00182009-02762009-0411-0112 2009-02402009-0411-00192009-02772009-0411-0113 2009-02412009-0411-00212009-02782009-0411-0114 2009-02422009-0411-00202009-02792009-0411-0115 - 8 - Appendix "A" GSB Number Union File Number GSB Number Union File Number 2009-02802009-0411-01162009-03282009-0411-0054 2009-02812009-0411-01172009-03292009-0411-0055 2009-02822009-0411-01182009-03302009-0411-0056 2009-03062009-0411-00572009-03312009-0411-0042 2009-03072009-0411-00582009-03322009-0411-0043 2009-03082009-0411-00592009-03332009-0411-0046 2009-03092009-0411-00602009-03342009-0411-0047 2009-03102009-0411-00612009-03352009-0411-0048 2009-03112009-0411-00622009-03362009-0411-0049 2009-03122009-0411-00632009-03372009-0411-0051 2009-03132009-0411-00642009-03382009-0411-0050 2009-03142009-0411-00652009-03572009-0411-0134 2009-03152009-0411-00662009-04692009-0411-0141 2009-03162009-0411-00442009-04702009-0411-0140 2009-03172009-0411-00762009-04712009-0411-0142 2009-03182009-0411-00842009-04802009-0411-0139 2009-03192009-0411-00892009-04842009-0411-0143 2009-03202009-0411-00932009-04852009-0411-0144 2009-03212009-0411-00972009-04862009-0411-0145 2009-03222009-0411-01002009-10122009-0411-0171 2009-03232009-0411-01032009-10162009-0411-0161 2009-03242009-0411-01072009-10182009-0411-0162 2009-03262009-0411-00522009-10942009-0411-0173 2009-03272009-0411-0053