HomeMy WebLinkAbout2005-1443.Tardiel et al.11-07-08 DecisionCommission de
Crown Employees
Grievance Settlement
UqJOHPHQWGHVJULHIV
Board
GHVHPSOR\pVGHOD
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 7pO
Fax (416) 326-1396 7pOpF
GSB#2005-1443
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UNION#2005-0530-0022
IN THE MATTER OF AN ARBITRATION
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
Employer
(Ministry of Community Safety and Correctional Services)
BEFOREChristopher J. Albertyn Vice-Chair
FOR THE UNION
David Wright,
Ryder Wright Blair &Holmes LLP,
Barristers & Solicitors
Eric del Junco, Barrister and Solicitor
Donald MacLeod, The McLeod Group,
Barristers and Solicitors
Jim Paul
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERLisa Compagnone, Cathy Phan & Melissa Nixon
Ministry of Government Services
Labour Practice Group
Counsel
HEARING
June 27, July 21, July 23-25, July 28-31,
August 1, September 9, 2008, January 30,
March 2 & 4, March 23 & 26, May 11, 13 &
14, October 15 & 29, 2009, January 11, April 6,
May 5, August 24, October 27, 2010, February
1, May 6, July 5, 2011.
- 2 -
Decision
[1]This decision is the final decision in the long line of decisions dealing with systemic
remedies at the Toronto Jail.
[2] On July 11, 2008, I issued a decision that described the process that would be applied in
order to address the various policy, group and individual grievances that arose from the
circumstances in the Toronto Jail in the period from early 2005 until 2008. The decision reads
(omitting unnecessary details), as follows:
This decision concerns grievances arising from ciUFXPVWDQFHVDWWKH7RURQWR-DLO³WKH-DLO´
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decision sets out the orders I make for the hearing and resolution of these grievances, based on
WKHSDUWLHV¶VXEPLVVLRQV7RWKHH[WHQWWKDWWKHOLVt of grievances cited is not accurate, either party
may raise that issue with me.
I note the previous agreement of the parties to proceed by way of mediation-arbitration (also
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full knowledge that issues of human rights form a significant feature of the issues in the
grievances.
The mediation-arbitration is directed to accomplishing the following objectives:
To provide the grievors with an opportunity to tell what happened to them, and to
feel, at the end of the process, that they have had a fair opportunity to be heard;
To provide management with an opportunity to provide its response;
To reconcile all of the different constituencies in the workplace at the Toronto
Jail by agreeing upon systemic remedies;
To provide a basis for effective ongoing reconciliation of differences between the
various constituencies within the Jail;
To ensure that the systemic remedies agreed on are properly implemented by all
of the constituencies;
To settle the grievances in a manner that is fair to each grievor, given their
particular individual circumstances, and generally reasonable;
within the relatively near future.
To achieve these objectives
- 3 -
To accomplish the above objectives I recognize the following:
a.an individual dimension (the opportunity for the individual grievors to be heard and, if
possible, ultimately to feel vindicated),
b.a collective and organizational dimension (the re-constituting of the relationships in the
workplace and developing systemic remedies), and
c.a legal dimension (the resolution of the grievances).
I note that there are various interest groups in the individual and legal dimensions, and there are
various constituencies in the collective and organizational dimension. The details of these groups
and constituencies will be identified further as the process proceeds. The parties will start with the
following:
a.Individual groups
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because they are racialized:
1.Recipients of the letters
2.Those named in the letters
3.Those who claim to have experienced racist incidents
4.The remaining grievors who believe themselves to be at risk of racist
acts at work because they are racialized
ii.Group B grievors
1.Those who claim to be wrongfully accused of writing / sending the
anonymous mail.
2.Those who claim to have suffered by association with or support of
those who claim to be wrongfully accused.
3.Those who claim to have been wrongfully implied to be responsible
for the anonymous mail.
4.Those who claim to have been wrongfully targeted by co-workers,
management or any third party during the course of any
investigation/process relating to the anonymous mail or any racist
conduct, including those claiming to:
a.Be wrongfully identified as a suspect or person of interest.
b.Be defamed, threatened, coerced or ostracized in any
fashion.
- 4 -
c.Have suffered property damage or other costs in association
with the poisoned environment.
d.Be wrongfully disciplined.
5.Those who claim they have suffered a poisoned work environment as
a result of wrongful accusations of racism against themselves or co-
workers.
6.Those who claim to have experienced racist incidents in relation to
the anonymous hate mail.
7.Those who claim to have had to attend at the poisoned workplace
where they claim to be potentially targets of racist acts on any given
day.
iii.Group C grievors
Those assigned by the Union to Group A or B who feel uncomfortable
with that assignment.
b.Organizational constituencies:
i) Management
1. Senior management within the Ministry (Operations and Human
Rights & Organizational Change)
2. The Superintendent and the senior management staff at the Jail
3. Operational management at the Jail, OM16s
4. Other influential constituencies
ii) Union
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2. the Union local executive
3. Group A grievors
4. Group B grievors
5. Other influential constituencies.
I stipulate the following concerning the media. The media are excluded from the process. If
there are media inquiries, the parties will provide a joint statement, as foOORZV³WKHSDUWLHVDUH
currently working on an agreed process to resolve individual and workplace issues, and are not in
DSRVLWLRQWRJLYHPRUHGHWDLO´7KHUHZLOOEHQRGLscussion of details of the mediation-arbitration
process until the process is resolved. However, if there is an unanticipated development not
- 5 -
associated with this process at the jail, no media statement will be made that could harm the
mediation-arbitration process.
There will be four broad parts to the mediation-arbitration process, intended to address the issues
and achieve the above objectives. The first will involve private hearings, with small attendance,
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by representatives of all of the relevant constituencies in the Jail at which the Grievors and the
Employer will have a representative opportunity to inform all present of the grievances, and the
circumstances giving rise to them, and of acWLRQVWDNHQWRUHPHG\WKHVLWXDWLRQ³WKHVHFRQG
SDUW´
7KHWKLUGSDUWZLOOLQYROYHWKHRUJDQL]Dtional constituencies in an organizational initiative
designed to agree upon values and to re-constitute relationships within the Jail and to address
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The parties will provide a will-say statement for each person selected to testify, the selection
being subject to my overall direction. The will-say statement will give an account of the
LQGLYLGXDO¶VH[SHULHQFHVWREHIROORZHGDWWKHhearing by the individual telling their experience
based on the will-say. This might be supplemented with other documents (e.g. copies of the
letters, doctors reports, etc.). All of these documents will to be produced at least 7 days in
advance.
Attendance at the first part will consist of those representatives of the parties in the coordinating
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,KDve consulted on this process to date, with the affected
Grievor, and with a senior representative of the 0LQLVWU\¶VRSHUDWLRQDOPDQDJHPHQW7RWKH
extent a Grievor wishes to have an individual or individuals present in support, within reason, hat
will be permitted.
If possible, the parties should produce an agreed common bundle of documents, preferably
electronically.
$WWKHFORVHRID*ULHYRU¶VQDUUDWLYHRIZKDWRFFXUUHGVRPHSUHOLPLQDU\GLVFXVVLRQRIVHWWOHPHQW
RIWKH*ULHYRU¶VFODLPZLOORFFXU)RUWKLVDVwith all other parts of the process, I reserve the
right to exclude any person, and I will likely meet only with the parties directly affected once
discussion of the parameters of settlement of individual claims occurs.
- 6 -
There will be no cross-examination. There may be some questioning, for the purpose of
clarification, from counsel for the parties (management, group A, group B) and by me.
The timing of the first part of the process is as follows:
The October dates may be used, if necessary, for continuation of the first part. Otherwise, those
dates will be used for the fourth part, the mediation-arbitration of individual grievances.
The purposes of the second part of the process will include: to enable the different constituencies
in the Jail to hear each other in a respectful, tolerant manner; to allow individuals who have
suffered some harm from past occurrences to speak of these occurrences and of the harm, without
interference; to build understanding of the actions taken by various affected individuals; to
facilitate reconciliation between the various organizational constituencies in the Jail.
Management may wish to explain the efforts it made to address the problems identified in the
grievances, and to address such other matters as it thinks appropriate.
Attendance in the second part will consist of those in the first part and representatives of each of
the different constituencies described above. Those who will participate in the organizational
initiative (the third part) will be present to hear what is said in the second part. I will issue a
further decision in due course listing those entitled to attend the second and the third parts. No
persons other than those so listed will be admitted to the hearing. Name tags will be issued to the
participants and returned at the end of each day.
Lists of those who the Union and the Employer propose will attend the second and third parts will
be submitted to me by the parties by June 27, 2008.
The sequence of the second part hearings will be as follows:
[Here is set out the timetable giving each of for Group A Grievors, Group B Grievors, members
of management and representatives of the Ministry opportunities to present their statements.]
There will be no cross-examination. There may be some questioning, for the purpose of
clarification, from counsel for the parties (management, group A, group B) and by me and by the
facilitators engaged by the parties, Brian McLean and Dana Randall, who will be present in the
second part and who will assist me in the third part of the process.
- 7 -
At the conclusion of the second part, I may prepare a very brief summary of my observations, to
be shared with the coordinating group, and subsequently introduced into the third part.
The third part is a concentrated process, representative of the different constituencies, intended to
address systemic remedies and to develop shared values. It will take place in the period July 28
to August 1, 2008 enable the following:
- Each group will identify the problems it believes have led to a polarized, poisoned work
environment.
- Each group will be urged and engaged to suggest what each group / employee /member of
management / union representative can do to ensure, on an on going basis, that the work
environment is fair, respectful, efficient, and free from discrimination and harassment.
- The third part will result in the development of a common set of agreed objectives from the lists
proposed by the various constituencies. This will be done through a process of facilitated
discussion.
- The parties will jointly identify (by re-constituted sub-committees drawn from the different
constituent groups) the actions needed to be taken to achieve the objectives.
- Suitable structures will be established to supervise the ongoing realization of the objectives with
an agreed timetable.
- Procedures for review of the process will be agreed upon to review the implementation of the
agreements reached.
The rules described above for the second part will apply to the third part.
The expectations of the participants should be that their attendance will be required from 9 am
each day until 5pm each day from Monday, July 28, 2008 to Friday, August 1, 2008, and such
later time each day as I may require.
The terms of Article 22.16 will apply to all parts of the mediation-arbitration process.
The fourth part will commence in October 2008 and continue until all of the grievances are
determined. At the conclusion of the process, for those grievances not resolved by agreement, I
will issue a brief decision determining each grievance.
- 8 -
[3] The majority of the individual grievances were resolved through mediation. A small
number of individual grievances were arbitrated utilizing the expedited mediation-arbitration
process pursuant to Article 22.16.
>@7KH³WKLUGSDUW´RIWKHPHdiation-arbitration process (as described above) occurred from
July 21, 2008 to August 1, 2008. During this period each of the constituencies that made up the
Toronto Jail (as described above) worked together to develop a common set of Objectives of
Principles in order to improve the work environment at the Toronto Jail. These Objectives of
Principles are reflected in my decision dated April 2, 2009. These objectives then formed the
basis for a series of action plans the parties agreed upon, or where failing agreement, I had
ordered, so as to bring about systemic improvements at the Toronto Jail. Following these
meetings I issued a decision dated June 30, 2009 in which I set out the 48 Objectives Requiring
Action and related action plans to which the parties had committed themselves or which have
been ordered.
[5] After the original organizational decision was released the parties set upon achieving the
objectives set out. Over the course of the next 3 years the parties met every few months in order
to a status update as to the progress that had been made towards achieving each of the 48
Objectives Requiring Action. Following each status update meeting I issued a decision setting
out which action plans had been achieved and identified which remained outstanding. With
respect to the actions that continued to remain outstanding I ordered the responsible party to
implement the action within a specific timeframe. These decisions are: August 11, 2008 - 2008
CanLII 70513 (ON G.S.B.); November 17, 2008 (unreported); March 27, 2009 (unreported);
March 23, 2009 (unreported); June 30, 2009 (unreported); July 15, 2009 (unreported); August
11, 2009 - 2009 CanLII 59134 (ON G.S.B.); October 20, 2009 - 2009 CanLII 66563 (ON
G.S.B.); April 15, 2010 - 2010 CanLII 28606 (ON G.S.B.); June 11, 2010 - 2010 CanLII 42113
(ON G.S.B.); November 29, 2010 - 2010 CanLII 72679 (ON G.S.B.); December 15, 2010
(unreported); March 8, 2011 - 2011 CanLII 23166 (ON GSB); and May 10, 2011 - 2011 CanLII
36565 (ON GSB).
[6] Subject to the ongoing challenge by the Union to the adequacy of the investigation into the
hate letters, which is the subject matter of decisions dated December 15, 2010 and May 6, 2011,
- 9 -
I am now satisfied that each of the agreed actions to accomplish as set out in the June 30, 2009
decision has been carried out and that each agreed action has been or is being implemented.
[7] In reaching this conclusion I have considered the process as described above and the
regular meetings I have conducted with the parties over the last three years. I have also relied on
information and evidence provided to me in the other portions of the mediation/arbitration
process. My findings and conclusions as to the changes in the workplace since 2008 are set out
in my decisions dated December 16, 2010 respecting the Cox case and my decision dated May
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form part of this decision.
[8] In this final decision I set out each objective and its corresponding action plan as well as
the date I determined the action to have been accomplished.
No.Objective Action Plan Completion Date
1.The agreement reached by The Superintendent will issue a March 23, 2009
the parties in this process and memorandum to staff informing them
the objectives determined of the GSB decision to follow
should be published within containing these objectives. (1.1)
the Toronto Jail.
Management will issue to each staff March 23, 2009
member working at the Toronto Jail a
copy of the GSB decision
incorporating these objectives. (1.2)
For those not working in the Toronto March 23, 2009
Jail, the employer will send the
document to the employee via
registered mail and via regular mail.
(1.3)
This has been added to the Orientation June 30, 2009
Training curriculum from September
2008 for new Correctional Officers by
the Institutional Training Officer.
While the report is being done of the
decisions arising from this process, the
Union will be permitted two
representatives to be present during
this session at the scheduled time slot
(at least one of whom will be a
representative cognizant of the lived
- 10 -
experience of racialized employees,
and both of whom are employed at the
Toronto Jail), subject to the one-hour
time limit. (1.4)
2.The agreements reached in A coordinating committee is March 23, 2009
this process and the appointed consisting of
objectives determined should Superintendent Small, Jeff Dvorak,
be properly supervised and DQG0DUN%UHZVWHU³WKH&RRUGLQDWLQJ
implemented, and adequately &RPPLWWHH´
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resourced.that the objectives and action plans
arising from these objectives are
properly completed by those assigned
the various tasks. (2.1)
A further meeting will take place of March 23, 2009
such persons as the Coordinating
Committee may require on October 8,
2008 for the purpose of ensuring that
the tasks to achieve these objectives
are completed. (2.2)
On May 13 and 14, 2009, a full review June 30, 2009
of these objectives, the action plans,
and their realization will take place.
(2.3)
The Coordinating Committee will May 14, 2009
review the proposed tasks listed below
under the various headings, in
consultation with those who have been
assigned to the specialist sub-
committees, in order to decide what
further tasks need to be determined,
the persons to whom those tasks are to
be assigned, and the date by which the
tasks are to be completed. (2.4)
The Coordinating Committee will May 14, 2009
stipulate responsibilities for
completing all of the tasks by a
specified date. (2.5)
The Coordinating Committee will May 14, 2009
provide written details to counsel for
the parties, and to the Vice Chair, of
the complete list of tasks, those
responsible for their completion, and
the date by which each task is to be
completed. (2.6)
3.As needed, meetings of the Ongoing
Coordinating Committee will
take place to discuss
- 11 -
unresolved issues relating to
racism, sexism or sexual
orientation in the workplace
and attempt to reach
consensus as to how they
will be addressed. Should the
Coordinating Committee fail
to resolve the issue by
consensus, either the Union
or the Employer may refer
the matter to the Board. This
does not preclude the Union
or any individual from
pursuing a grievance.
4.Those individual grievors, Ongoing
who have not yet returned to
the workplace, should meet,
during the period agreed
between the parties, with
both the Employer and
Union representatives, to
address any outstanding
return to work issues
5.The division in the Local Mr. Dvorak and Mr. Brewster will
should be examined. consider how best to achieve this
objective.
6.There should be a process of A forum or advisory group should be April 16, 2009 and
communication between created where OMs can meet to ensure Ongoing
senior management, OMs consistency among their peers so that
and the bargaining agents OMs can take concerns directly to the
regarding day-to-day issues, senior administration group.
subject to equal
union/management
representation
7.Subject to entitlements under March 23, 2009
CECBA, the parties should
implement agreements
reached under this process,
despite any collective
bargaining disputes.
8.The SAROCC Steering In accordance with the SAROCC July 1, 2009
Committee should consider Terms of Reference, minutes will be
ways in which the local signed off and posted on a Board for
SAROCC at the Toronto Jail SXEOLFUHYLHZLQWKH³PRXVHWUDS´
can be made more Assigned Responsibility: Management
accountable and more and Union Co-chair representatives.
accessible to the bargaining
- 12 -
unit, while maintaining its
character as reflective of the
diversity in the workplace.
9.There should be an active, June 30, 2009
vibrant, and fully resourced
Local SAROCC at the
Toronto Jail operating in
accordance with the
provincial Terms of
Reference.
10.The Local President, or May 31, 2009
nominee, should participate
in the local SAROCC.
11.Management, in conjunction A Statement of Respect has been May 25, 2009
with the Union, should issue prepared by the Coordinating
a Statement of Respect, with Committee for distribution. (11.1)
an identification and
condemnation of specific
kinds of conduct in the
workplace by all staff
(management and
employees), including
harassment, bullying, racism
and other forms of
discrimination
The Statement will be read at muster May 25, 2009 and
for 10 days after it has been signed off Ongoing
on, and, then every 90 days by a
member of management. (11.2)
The Statement should be read at all May 25, 2009 and
department meetings and on each Ongoing
agenda for all departments. (11.3)
A laminated copy of the Statement May 25, 2009
will be posted on permanent basis on
every bulletin board in every
department, as well as posted
permanently on the union board
behind the glass. (11.4)
A copy of Statement should be issued May 25, 2009
to each staff member, and signed for
by them, and included in the local
standards of operation. It will be a
small laminated version for each
individual to have. All other
documents to be issued to individual
employees under this decision will be
signed for individually by them to
- 13 -
confirm they have each received the
document concerned. (11.5)
12.All parties should foster and A volunteer member of the Social Ongoing
contribute to a workplace committee and SAROCC to meet
that is welcoming to a quarterly to organize culturally diverse
diverse workforce at the topics and information sessions to be
Toronto Jail. KHOGTXDUWHUO\LQD³OXQFKDQGOHDUQ´
format.
A diversity Map will be located at the June 30, 2009
front of the jail and employees will
identify their place of birth by placing
a pushpin on the map. Responsibility:
The Superintendent approved in
principle purchase of the map.
13.The Employer should focus Management will encourage and March 23, 2009
on bringing professionalism provide professional training to
to the correctional officer employees where appropriate. (13.1)
profession.
Toronto Jail has signed an annual March 23, 2009
contract with Centennial College
(Justice Program) to provide training
in professionalism. It will be offered
to all staff with an 8-module format
which, if completed, would offer a
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Any CO who wishes to attend can March 23, 2009
attend. Depending on the needs it will
be rotated as required. (13.1.2)
The Superintendent to consult with the May 28, 2009
Union on the ERC to determine how
to advertise the Centre for Leadership
(CFL) opportunities on a more wide-
reaching level. (13.1.3)
There will be a proper set of standing July 20, 2010
orders established (13.2)
Management will encourage and June 10, 2010
recognize proper managerial training
where appropriate (PDP Review;
Learning Plan; Highlight and direct
Managers to attend Management
training courses on HR Ontario
Learning and Development and
Ontario Correctional Services
College). (13.3)
There will be close supervision and Ongoing
consistent enforcement of all
employment and inmate rules by staff.
- 14 -
(13.4)
The Deputy of Operations has been June 30, 2009
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concerns regarding consistent
enforcement of rules, for Correctional
Officers and Inmates. (13.4.1)
The Superintendent will include this June 30, 2009
as a Standing Item on all Staff meeting
agendas. It is minuted in the OM
Meeting February 24 and 26, 2009.
(13.4.2)
Deputy Superintendent of Operations Ongoing
will determine methods to consistently
enforce inmate rules amongst
Correctional Officers. (13.4.3)
Formalized training will be provided November 29, 2010
to OMs when they are first promoted.
This training will include peer
coaching. (13.5)
Employees will work at their assigned May 31, 2009
posts unless there is a valid and
documented reason for a change in
that post. Personal conflicts will not
constitute a valid reason for transfer.
Any changes in post will be
documented and justified directly to
the Deputy Superintendent of
Operations. This will be
communicated to staff. (13.6)
Officers will dress in a professional July 20, 2010 and
manner as constituted by the standing Ongoing
orders, and such dress and deportment
will be strictly enforced by
management. (13.7)
Specific guidelines will be prepared December 10, 2009
RQZKDWLVFRQVLGHUHG³DSSURSULDWH´
dress. (13.7.1)
The General Duty Manager will Ongoing
discuss the importance of dress and
deportment. (13.7.2)
14.Staff should not presume Reporting wrongdoings and assuming December 31, 2010
guilt and should presume innocence will be addressed in human
innocence. Employees rights and diversity training and
should be educated about the education sessions through a special
Statement of Ethical component. During this training it will
Principles. be emphasized to employees that
reporting rule breaking enhances the
- 15 -
safety of coworkers. (14.1)
Management will review the May 25, 2009
Statement of Ethics to make sure that
it reflects these issues. In addition, the
Statement will be posted throughout
the Jail. (14.2)
Once prepared, the Statement of May 25, 2009
Ethical Principles will be read at
muster for 7 days, posted in all
departments and copies provided to
each staff member. (14.3)
The Statement of Ethics will include May 25, 2009
the following issues: that proper
judgment will be exercised by an
employee when reporting rule
breaking, and by management when
considering a report of rule breaking;
and that there will be no reprisal
against an employee for reporting rule
breaking. (14.4)
Management will continue to May 8, 2009,
implement the action plan that was February 23, 2010
established following earlier security and October 20,
audits. The action plan includes, 2010
among other things, the addition of
metal detectors, security cameras,
handheld narcotic detectors, as well as
a review of security threat group
management. (14.5)
Overcapacity problems will be October 22, 2010
addressed by increasing staffing levels
in the Toronto Jail. The Ministry will
undertake a staffing analysis. (14.6)
The Superintendent and the deputies Ongoing
will be present at, and tour, the
Toronto Jail on a regular basis. (14.7)
15.The accomplishments of The managers have been given Ongoing
employees should be more template letters to write reports of
frequently recognized in staff whose actions have gone above
writing.and beyond. The letters sent will be
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16.Subject to the authority of The managers will be trained in January 2010
the OPS, management should conducting the PDPs. (16.1)
take steps to reform the PDP.
Management should develop
a transparent succession
planning model & evaluate
- 16 -
who in the workplace would
be good candidates for
promotion. Succession
planning should include the
coach officer program to
keep experience in the
institution. There should be
regular formal evaluations
for all staff. Management
should ensure that its
managers further develop
and enhance competencies in
managing a multi-racial and
diverse workforce at the
Toronto Jail.
Managers have been required by the November 29, 2010
Superintendent to perform PDPs for and Ongoing
all COs, from May 2009, for
completion by March 2010, on the
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PDPs will be conducted annually for Ongoing
each CO by their immediate
supervisor on their anniversary date.
(16.3)
The Superintendent will consult OMs Ongoing
on persons they feel would be good
for promotion. (16.4)
During the PDP meeting neither November 29, 2010
participant (manager & employer) will and Ongoing
be responsible to another area. (In
other words, they will be relieved
from duties while the PDP takes
place). (16.5)
There will be a semi-annual review for November 29, 2010
persons requiring further guidance. and Ongoing
The determination of the need for
further guidance will be made by the
Superintendent on the basis of the
PDP and such other information as the
Superintendent considers relevant.
(16.6)
17.Efforts should be made for Explicit disincentives for working at
retention of newly appointed the Toronto Jail will be removed, e.g.
OMs and COs. paid parking, the lack of handcuffs.
(17.1)
The Ministry will report in writing to January 11, 2010
the Board (copy to the Union) by
- 17 -
November 13, 2009 of its proposal to
address the Union request for paid
parking at the Toronto Jail, given the
special circumstances that apply here.
(17.1.1)
Security Manager did an audit June 30, 2009
regarding handcuffs. Inventory
complete. Old handcuffs replaced by
new. (17.2)
Outstanding contributions to and Ongoing
accomplishments in the Toronto Jail
will be frequently recognized by
management. (17.3)
There will be a plaque on the front June 30, 2009 and
lobby for those that displayed unity, Ongoing
solidarity and professionalism.
(17.3.1)
The work environment in the jail will Ongoing
be improved by increases in staffing.
(17.4)
Report obtained: There are currently May 2009
144 Classified COs and 20
Unclassified. The Jail is only 2 COs
short of full complement. This item
will be tied to the staffing analysis
above. (17.4.1)
The issue of the change from the 9-9 June 30, 2009
shift schedule to the 7-7 shift schedule
will be addressed by the coordinating
committee. (17.4.2)
As regards to General Duty Officers: a October 22, 2010
staffing analysis is necessary, and, if
required, additional General Duty
officers will be appointed. This will be
addressed under the staffing analysis
referred to above. (17.4.3)
There will be meaningful staff-run Ongoing
committees in the Toronto Jail through
the existing Social and Wellness
Committees. (17.4.4)
There will be improvements to
amenities for COs. (17.6)
Access to more telephones. The aim is June 15, 2009
to have two lines for COs. (17.6.1)
Access to more computers. The aim is June 15, 2009
that two computers be installed in the
guard room (so there are a total of 4
- 18 -
working computers for the COs)
(17.6.2)
Free coffee and/or water. (17.6.3) June 30, 2009
There should be a report to the union
with regard to the newly improved
training facilities. (17.7)
The Superintendent (with the August 31, 2009
assistance of Mr. Ruttle) will
communicate to the staff and give
orientation regarding the new training
facility and its accessibility. (17.7.1)
An open house will be held as September 2009
determined by Coordinating
committee.(17.7.2)
18.The Union should be June 30, 2009
permitted to address
employees new to the
workplace.
19.A formal coaching program Subject to the OED Recruitment May 12, 2010
should be implemented. The Strategy, what is currently present in
Employer should ensure that Bell Cairn orientation and the Toronto
there is a formal selection Jail training package will be reviewed
process for coach officers. to determine what can be kept and
There should be additional utilized and what needs to be amended
training specific to the and added. (19.1)
Toronto Jail.
The following standards will apply for Ongoing
coaches (19.2):
A minimum of 5 years service. Ongoing
(19.2.1)
A demonstrated ability to work in a Ongoing
diverse workplace. (19.2.2)
A file review of the coach candidate, Ongoing
including reference to WDHP
violations. If substantiated violations
are found, the candidate can reapply
once their name is removed from the
WDHP tracking registry. (19.2.3)
An interview will be conducted by the Ongoing
ITM or a committee appointed by the
Superintendent. (19.2.4)
The appointment of a coach will be by Ongoing
management. (19.2.5)
Coaches should be actively recruited Ongoing
by management. (19.2.6)
As coaching opportunities arise, a Ongoing
posting will be done seeking
- 19 -
expressions of interest. (19.2.7)
An office who seeks to be appointed Ongoing
as a coach, who is not accepted, will
be entitled to know the reasons. (19.3)
Coaching will include direct Ongoing
supervision by the coach of the new
employee. Coaches will provide
confidential performance feedback to
the new employee. The coaching
program will be used as an incentive
for new COs to remain in the Toronto
Jail. (19.4)
Workbooks will be issued at Ongoing
orientation to the new employee to be
completed and signed by the coach,
the employee and the manager.
(19.4.1)
The details of all work and duties of
Toronto Jail employees will be
outlined. (19.4.2)
There will be 4 weeks of site-specific
training, along the following
guidelines (19.4.3):
1st week: Orientation
- Speakers: Union LEC/President
- Health & Safety Representative
- Mentor(s)
- Institutional Training Manager
- Finance Human Resources (19.4.3.1)
2nd week: Mentor & Shadow
Together (not assignment)
- Physical layout of jail
- Introduce shadow to all areas of the
jail, i.e. finance, personnel, healthcare,
records, maintenance, kitchen, all
musters. (19.4.3.2)
3rd & 4th weeks:
- Shadow observes mentor on line
- To the extent possible, 75% of time
will be spent on what are solely
general population inmate floors.
- Observe: 4A; 5A; 5C; programs; 1C;
$ 'YLGHRFRXUW±EXWPRVWWLPHRQ
2 & 3.
- Mentor will review and evaluate
shadow performance (19.4.3.3)
During Orientation
- 20 -
- The ITM delivers the Statement of
Ethical Principles; and it will be read
every day for the week of orientation.
- The 1st page of each module will be
the Statement of Ethical Principles.
(19.4.3.4)
20.There should be recreational This will be done on a case by case April 2010
events paid for by the basis. In addition, for events that are
Employer. socially diverse in nature as to attract
all staff regardless of age, family
status or cultural background, the
(PSOR\HU¶V2('ZLOOFRQWULEXWH
$5,000 per annual to the Social
Committee, this commitment to be
reviewed in April 2010. (20.1)
The scheduling of such events will be April 2010
done in consultation with the
Superintendent. (20.2)
21.The union-management hate July 15, 2009
letter protocol should be
reviewed and supplemented
by a local protocol between
union and management. The
parties should explore ways
to personally support those
who receive hate letters and
to reduce the impact of such
letters in the Toronto Jail.
22.The Superintendent should The Union will respond in writing to January 20, 2011
confer with the Coordinating WKH(PSOR\HU¶VZULWWHQSURSRVDO
Committee to explore the concerning the investigation. (22.1)
appropriate further
investigation of the hate
crime letters.
The parties request the Vice-Chair to May 6, 2011
convene an appropriate meeting to
advance this objective. (22.2)
In the event the parties do not reach A review of the
agreement on how to address the investigation is
8QLRQ¶VUHTXHVWIRUIXUWKHUongoing. See my
investigation of the hate crime letters, decisions dated
I remain seized. December 15, 2010
and May 6, 2011
24.The parties should explore This matter will be addressed at the Ongoing
ways of promoting the image MERC table. The Union would like
of its officers. dress uniforms to be provided to the
officers in the Toronto Jail. The
- 21 -
Employer is considering the issue.
25.OMs should have input into Subject to review of the PDP process November 29, 2010
the promotion process. and clear guidelines on how to assess
performance, the Superintendent will
arrange HR representative to ensure
OMs have the appropriate training
regarding the PDP/LDP process.
(25.1)
In addition to the use of PDPs, Ongoing
requests by Correctional Officers to
act as Operational Managers, Deputy
Superintendent of Operations may
seek input from OMs of persons who
are suitable for acting assignments.
(25.2)
26.Correctional Services should All internal development opportunities Ongoing
make every effort to ensure will be read on line-up for 10 days
that all levels of the prior to closing. (26.1)
employee body are reflective
of the community population
Recognizing that certain
employees have not applied
for promotions due to what
they have experienced as
systemic racism, qualified
employees should be
encouraged to make
themselves available for
promotional opportunities
and Management should
ensure a fair and equitable
process.
The information of internal Ongoing
development opportunities will be
available for staff on bulletin boards,
emails, P-drive, etc. (26.2)
The wording of the posting will reflect Ongoing
the spirit of equal opportunity, with
racialized and aboriginal people
encouraged to apply. (26.3)
Management will ensure that all Ongoing
Department Heads are given the
postings and that they are made
available to all the staff. (26.4)
OED has a responsibility to inform, Ongoing
encourage and support members of
racialized groups and aboriginal
- 22 -
peoples to apply for positions at all
levels in Correctional Services. To
that end OED will liaise with
racialized and aboriginal employee
organizations (including, but not
OLPLWHGWRWKH0LQLVWU\¶VDIILQLW\
groups, Workers of Colour Caucus
and Association of Black Law
Enforcers) in an effort to encourage
potential applicants. (26.5)
27.The parties should explore The Union will make suggestions to December 4, 2009
removing financial barriers, ADM Steve Small to achieve this
particularly training costs, to objective. (27.1)
individuals working in
Correctional Services.
ADM Small will report of the June 10, 2010
0LQLVWU\¶VH[SORUDWLRQ
- 23 -
including whether they can
act in a diverse environment.
All managers up to and
including Superintendents
should receive specific hate
incident training.
Management should ensure
that all managers at the
Toronto Jail receive human
rights training on a regular
basis. Managers should
receive specific diversity
training that is updated
regularly.
In the event a manager is found in Ongoing
violation in a race-based WDHP
complaint, they will be sent for
mandatory diversity training and their
behaviour will be monitored on the
tracking registry to ensure adherence
to Ministry policy on diversity. (31.2)
Managers will undergo training that Ongoing
includes diversity bi-annually. (31.3)
Management Pay for Performance will June 30, 2009
have a diversity component in the
PDP. (31.4)
Senior management will continue to Ongoing
clearly state, post and circulate
expectations of Managers in regards to
diversity and racism. (31.5)
Managers that experience or are Ongoing
targets of racism will be provided with
the resources necessary to assist them.
(31.6)
32.The parties should discuss Management will discuss this at May 21, 2009
the proposal that at the Regional Management Meetings as a
Toronto Jail for newly standing item.
confirmed OM16s should go
outside of the Jail for 6
months to ensure they have a
balanced perspective.
33.Management level training New managers will be assigned Ongoing
should be given to OMs as mentors that have a good
soon as they are Promoted. understanding of diversity. (33.1)
New managers will be provided with Ongoing
assistance and training as needed.
(33.2)
- 24 -
New managers will receive diversity Ongoing
training as soon possible upon their
appointment. (33.3)
34.Management should ensure The current Toronto East training January 31, 2010
that all employees at the FRXUVH±$QWL5DFLVP$QWL6H[LVP±
Toronto Jail receive human will be adapted for all employees
rights training on a regular (other than managers) at the Toronto
basis. All staff should Jail, taking account of the objectives
receive appropriate anti-hate above. (34.1)
and Human Rights training.
There should be mandatory
training for all staff in the
WDHP process. WDHP
Training should deal
consistently with all racist
language. All new and
existing staff should also be
provided with training that
includes a contemporary
perspective on hate, racism,
sexism and other prohibited
grounds. Part of this process
is that staff should receive
orientation to the Ontario
Human Rights Code. There
should be diversity training
at the outset of training to
become a CO.
Attendance at the course (8 hours) will January 31, 2010
be mandatory. (34.2)
35.The Union should make The Union is providing a course, Ongoing
available to its stewards at +XPDQ5LJKWV±8QLRQ5LJKWVHYHU\
the Toronto Jail human rights 3-6 months. This will continue. (35.1)
education on a regular basis.
36.All parties should ensure OED is preparing a system-wide fact-May 26 & 27, 2010
joint union-management finding ADR training for managers for
FRQIOLFWUHVROXWLRQ±$'5Fall 2009, and the Toronto Jail is
training at Toronto Jail deemed a priority. (36.1)
All Staff will be required to take the June 11,2010
following two modules to be delivered
E\&HQWHQQLDO&ROOHJH³3URIHVVLRQDO
'HYHORSPHQW&RQIOLFW0DQDJHPHQW´
DQG³3URIHVVLRQDO'HYHORSPHQW
Developing Positive Peer
5HODWLRQVKLSV´
The joint training of union and Ongoing
management representatives will be
- 25 -
discussed by the parties. (36.3)
37.There should be better Mary Lynn Ingratta will highlight May 31, 2009
leadership, conflict courses available from the HR Ontario
resolution and collective Learning and Development and
agreement training for all Ontario Correctional Services College,
management. and send a package to all Managers,
this will be included as Part of the
PDP Learning Plan. (37.1)
Mary Lynn Ingratta will review what May 31, 2009
is available through Bell Cairn, SSB
(Shared Services Bureau), Centre for
Leadership (CFL) and send a package
to all Managers. (37.2)
For all managers there will be a May 26 & 27, 2010
booklet with training on: WDHP &
Human Rights.(37.3)
38.Upper management should The Superintendent will develop a Ongoing
provide appropriate respect formal meeting process for OMs. The
and support to the decisions OMs will be given time to meet,
that OMs make. The discuss their issues. (38.1)
disciplinary powers of OMs
should be clarified.
To ensure consistent application of the Ongoing
rules, the OMs will get together in
their meeting and discuss, as a group,
how they will consistently administer
and enforce the rules. (38.2)
Once the standing orders are revised, June 11, 2010
the Superintendent will ensure that all
managers are knowledgeable of the
orders so they can be consistently
applied. (38.3)
The Training Manager will arrange for June 11, 2010
the training of OMs on the standing
orders. (38.4)
39.All parties should take steps To increase accountability the May 2009
to improve communication at Superintendent will arrange for a
the Toronto Jail so everyone revised organizational plan, with roles
has up-to-date information and responsibility for each of the
about the workplace. boxes, starting at the top with the
Superintendent down to the COs. The
organizational chart will show the
lines of authority, roles and
responsibilities for each Dept and
Dept Head. (39.1)
The delegated authority of OMs will March 4, 2010
be clarified in written form by a
- 26 -
direction to the appropriate link. (39.2)
40.All parties should ensure that Local SAROCC is coming up with October 13, 2009
Toronto Jail staff receive criteria for selection. (40.1)
recognition for contributions
to promote diversity and
respect for human rights.
41.6XEMHFWWRPDQDJHPHQW¶V This is being done for COs and will Ongoing
rights, there should be fair continue (41.1)
rotation of acting positions
drawn from a roster of
qualified candidates.
For non-CO positions, the Ongoing
Superintendent will investigate this.
(41.2)
41.The parties should clarify The Ministry will provide in writing June 1, 2009
their respective rights, and the rule that applies to the issue of
responsibilities, in relation to employees speaking to the media,
allegations made in the including any written policies that
media concerning the may exist.
workplace.
42.All staff should be advised of The Superintendent will do a June 12, 2009
the disclosure of memorandum to staff advising of the
wrongdoings provisions in access link to the Disclosure of
thePublic Service of Ontario Wrongdoing Directive and have
Act, 2006 (PSOA). written copies in the office of each
senior manager and of the GDM.
(42.1)
43.Management should clear up Where there are WDHP files June 30, 2009
the backlog of WDHP consistent with the issues in this case,
complaints at Toronto Jail as they are suspended and subsumed in
soon as possible. this process. There are other WDHP
processes at the Toronto Jail that
follow the regular procedure. The
backlog with respect to those cases
has been cleared. (43.1)
45.Subject to developments Management will provide a written June 30, 2009
within the OPS regarding the document by August 31, 2008 in
WDHP, the parties should response to the proposals concerning
meet to consider the the WDHP. (45.1)
following proposed
objectives and actions (145,
148, 153, 154, 155, 156, 157,
158, 159, 161, 169, 170, 175,
177, 178, and 179), which
proposals were made by one
or other party.
The parties will meet to consider the
- 27 -
following outstanding proposals:
During the initial stages of a human Upon review of the
rights conflict at the Toronto Jail new WHDP Policy
between bargaining unit members the it was accepted that
union should review both sides of the these matters had
story, and provide representation in a been appropriately
way that advances restoration of a dealt with by the
harmonious workplace. changes contained
in that Policy and
Management should stop soliciting were therefore not
anonymous tips. dealt with in this
process.
There should be a duty to cooperate
with the investigation.
The Superintendent should levy the
penalty, with notice to the
FRPSODLQDQWDVVRRQDVLW¶VOHYLHG
There should be union input into the
parameters of CISU investigations.
All WDHP investigations and the
decisions in respect of discipline, if
any, should be completed within 60
days after they are filed.
There should be short deadline for
filing WDHP complaints, e.g., 24
hours.
The steps above should be completed
within 48 hours of the incident.
There should be quick decision on
WDHP complaints within 30 days of
complaint.
There should be immediate disclosure
in WDHP complaints to the accused
of the name of complainant.
There should be full written disclosure
of allegations in WDHP complaints
with necessary details.
Employees should be permitted to file
complaints of bullying and personal
- 28 -
harassment and to have them properly
investigated by management
irrespective of whether they raise
issues of conduct prohibited by the
WDHP policy, and management
should be required to hold managers
and other employees who conduct
themselves in this manner to account.
There should be consequences for the
Superintendent and other management
for failure to follow the above
protocol.
Management should transfer
individuals who do not comply with a
police request to be questioned as part
of a hate crime, or they should be
removed from the workplace until the
investigation is completed.
Management should take steps to
ensure that the anonymity of
employees who report wrongdoings
are protected.
All COs should cooperate fully with
CISU if the investigation is fair and
unbiased.
There should be full legal protection
for a CO if charged with a criminal
offence in the course of his/her duty,
including full and prompt payment by
the employer for legal defence with a
lawyer of choice with no cap.
The complainant and the manager March 8, 2011
should send an email to the deputy
superintendent and superintendent at
the facility.
The investigation should take place Ongoing
immediately, and should secure all
physical evidence.
The details of the investigation should March 8, 2011
be provided to the superintendent.
Management should post the finding March 8, 2011
and disciplinary response in the jail
- 29 -
without identifying the victim or the
perpetrator.
The penalty for discipline based on March 8, 2011
racist conduct should be announced at
muster for 10 days and the
information posted in every
department including the staff sign in
area.
46.Health and Safety orientation All Managers will have a health and March 8, 2011
and training should be safety orientation training provided by
provided to OMs.an MGS health and safety officer
before March 2010. It will be a part of
their agenda, as a learning module.
(46.1)
[9] The Parties are encouraged to continue their joint efforts to rebuild relationships within the
Toronto Jail that are free from harassment and discrimination.
[10] I remain seized of disputes arising from the implementation of the systemic remedies
described above, but in other respects, subject to the ongoing challenge by the Union to the
adequacy of the investigation into the hate letters, which is the subject of decisions dated
December 15, 2010 and May 6, 2011, this decision concludes the process of identifying and
implementing the systemic remedies arising from the poison work environment in the period
2005 to 2008.
th
Dated at Toronto this 8 day of July 2011.
Christopher J. Albertyn, Vice-Chair
- 30 -
Group A
Grievor GSB# Union File#
Tardiel, Charlene et al 2005-1443 2005-0530-0022
Henry, Herman 2005-3859 2005-0530-0052
Jauha, Kulwinder 2005-3860 2005-0530-0053
Miller, Frank 2005-3861 2005-0530-0054
Joseph, Manoj 2005-3867 2005-0530-0060
Lindo, Karen 2005-3869 2005-0530-0062
Cataline, Johnson 2005-3870 2005-0530-0063
LaRose, Colleen 2005-3871 2005-0530-0064
Harries-Jones, Sarah 2005-3874 2005-0530-0067
Gray, Veronica 2005-3875 2005-0530-0068
Grant, Caroline 2005-3876 2005-0530-0069
Ellis, Donovan 2005-3879 2005-0530-0072
Dawjee, Khalid 2005-3883 2005-0530-0076
Cox, Leroy 2005-3884 2005-0530-0077
Stewart-May, Patricia 2005-3889 2005-0530-0082
Persaud, Bibi 2005-3891 2005-0530-0084
Ortiz, Florencio 2005-3893 2005-0530-0086
Olivierre, John 2005-3894 2005-0530-0087
Mohamed, Mohamed 2005-3898 2005-0530-0091
Thompson, Denise 2005-3901 2005-0530-0094
Tuan-Kiet, Doan 2005-3910 2005-0530-0103
Glover, Jason 2005-3912 2005-0530-0105
Montague, Roderick 2005-3917 2005-0530-0110
Tan, Joey 2005-3920 2005-0530-0113
Majid, Mohammad 2005-3922 2005-0530-0115
Skeffington, John2005-3923 2005-0530-0116
Jackman, Marva 2006-0128 2006-0551-0002
Walcott, Pauline 2006-04222005-0530-0121
Marshall-Wilkinson, Joan 2006-0423 2005-0530-0129
Walji, Nasim 2006-0424 2005-0530-0123
Joson, Nelson 2006-0425 2005-0530-0124
Manrique, Lolet 2006-0482 2005-0530-0125
Union 2006-1079 2006-0530-0022
Williams, Simone 2006-1130 2005-0530-0127
Tardiel, Charlene 2006-1816 2006-0521-0022
Thompson, Denise 2006-2892 2007-0530-0003
Rusteau, Harriet 2007-0328 2007-0530-0020
Wilson, Debby et al 2007-1459 2007-0530-0030
Singleton, Samantha 2007-1460 2007-0530-0031
Gray, Stewart 2007-1461 2007-0530-0032
Adesua, Olusola 2007-1462 2007-0530-0033
Garisto, Joe 2007-1463 2007-0530-0034
Mitchell, Ewen 2007-1464 2007-0530-0035
Ward, Vaughn 2007-1465 2007-0530-0036
Morgan, Gracelyn 2007-1466 2007-0530-0037
Etienne, Cavelle 2007-1467 2007-0530-0038
Ramlal, Sylvia2007-1468 2007-0530-0039
Azeese, Ally 2007-1469 2007-0530-0040
- 31 -
Group B
Grievor GSB#Union File #
Adair, Allan et al 2005-3857 2005-0530-0050
Cooney, Guy 2005-3858 2005-0530-0051
Perunovic, Stefanka 2005-3862 2005-0530-0055
Tanel, Luciano 2005-3864 2005-0530-0057
MacKey, Nigel 2005-3868 2005-0530-0061
Jagpal, Sam 2005-3872 2005-0530-0065
Flanagan, James 2005-3877 2005-0530-0070
Fryginberg, Elina 2005-3878 2005-0530-0071
Durdle, Philip 2005-3881 2005-0530-0074
Brown, Sidney 2005-3885 2005-0530-0078
Bazger, Hamza 2005-3887 2005-0530-0080
Parna, Elmar 2005-3892 2005-0530-0085
Montgomery, Mavis 2005-3897 2005-0530-0090
McNeely, Elizabeth2005-3899 2005-0530-0092
Valaitis, Laura 2005-3900 2005-0530-0093
Pacheco, John 2005-3902 2005-0530-0095
Agnello, Tania 2005-3903 2005-0530-0096
Lino, Angelucci 2005-3904 2005-0530-0097
Ardito, Santa2005-3905 2005-0530-0098
Bartosiewicz, Agnes 2005-3906 2005-0530-0099
Bolton, Karen 2005-3907 2005-0530-0100
Brooks, Tim 2005-3908 2005-0530-0101
Fitzpatrick, Carrie 2005-3911 2005-0530-0104
Hauery, Mark 2005-3913 2005-0530-0106
Haars, Catherine 2005-3914 2005-0530-0107
Kotsovolos, George 2005-3915 2005-0530-0108
Miklasz, Stanley 2005-3916 2005-0530-0109
Robbescheuten, Crystal 2005-3918 2005-0530-0111
Phillips, Stana 2005-3919 2005-0530-0112
Leppan-Triolo, Barbara 2005-3921 2005-0530-0114
Jacklyn, Denise 2005-3924 2005-0530-0118
Pacheco, John 2006-0040 2006-0530-0005
Pacheco, John 2006-0041 2006-0530-0006
Pacheco, John 2006-0042 2006-0530-0007
Christensen, Robert 2006-0138 2005-0530-0119
Pacheco, John 2006-0620 2006-0530-0016
Phillips, Stana 2006-0624 2006-0530-0020
Pacheco, John 2006-2272 2006-0530-0086
Leppan-Triolo, Barbara 2006-3129 2007-0530-0013
Miklasz, Stanley 2006-3131 2007-0530-0015
Nesovic, Zeljko et al 2008-1029 2008-0530-0048