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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 *URXS³$´ ³%´ UNION#2005-0530-0022 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Tardiel et al) Union - and - The Crown in Right of Ontario Employer (Ministry of Community Safety and Correctional Services) BEFOREChristopher J. Albertyn Vice-Chair FOR THE UNION David Wright, Ryder Wright Blair &Holmes LLP, Barristers & Solicitors Eric del Junco, Barrister and Solicitor Donald MacLeod, The McLeod Group, Barristers and Solicitors Jim Paul Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYERLisa Compagnone, Cathy Phan & Melissa Nixon Ministry of Government Services Labour Practice Group Counsel HEARING June 27, July 21, July 23-25, July 28-31, August 1, September 9, 2008, January 30, March 2 & 4, March 23 & 26, May 11, 13 & 14, October 15 & 29, 2009, January 11, April 6, May 5, August 24, October 27, 2010, February 1, May 6, July 5, 2011. - 2 - Decision [1]This decision is the final decision in the long line of decisions dealing with systemic remedies at the Toronto Jail. [2] On July 11, 2008, I issued a decision that described the process that would be applied in order to address the various policy, group and individual grievances that arose from the circumstances in the Toronto Jail in the period from early 2005 until 2008. The decision reads (omitting unnecessary details), as follows: This decision concerns grievances arising from ciUFXPVWDQFHVDWWKH7RURQWR-DLO ³WKH-DLO´ 7KH decision sets out the orders I make for the hearing and resolution of these grievances, based on WKHSDUWLHV¶VXEPLVVLRQV7RWKHH[WHQWWKDWWKHOLVt of grievances cited is not accurate, either party may raise that issue with me. I note the previous agreement of the parties to proceed by way of mediation-arbitration (also UHIHUUHGWRDV³PHGDUE´ SXUVXDQWWR$UWLFOHRIWKHSDUWLHV¶FROOHFWLYHDJUHHPHQWLQWKH 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 i.*URXS$JULHYRUV±WKRVHFODLPLQJWKH\KDYHEHHQGLVFULPLQDWHGDJDLQVW 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 WKH8QLRQSURYLQFLDOO\±0(5&UHSUHVHQWDWLYHV 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, IRUVRPHRIWKHLQGLYLGXDO*ULHYRUV ³WKHILUVWSDUW´ 7KHVHFRQGZLOOLQYROYHKHDULQJVDWWHQGHG 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\WKHVLWXDWLRQ ³WKHVHFRQG SDUW´ 7KHWKLUGSDUWZLOOLQYROYHWKHRUJDQL]Dtional constituencies in an organizational initiative designed to agree upon values and to re-constitute relationships within the Jail and to address V\VWHPLFUHPHGLHVVRXJKWE\WKHSDUWLHV ³WKHWKLUGSDUW´ 7KHIRXUWKSDUWZLOOEHDQH[SHGLWHG PHGLDWLRQDUELWUDWLRQRIWKHFODLPVRIHDFKRIWKH*ULHYRUV ³WKHIRXUWKSDUW´  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 JURXS ³WKHFRRUGLQDWLQJJURXS´ ,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 UHVSHFWLQJWKH³SRLVRQHGZRUNHQYLURQPHQW´FDVHVDQGWKRVHILQGLQJVDQGFRQFOXVLRQV 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%UHZVWHU ³WKH&RRUGLQDWLQJ implemented, and adequately &RPPLWWHH´ 7KHLUWDVNLVWRHQVXUH 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 ³3URIHVVLRQDOLVP&HUWLILFDWH´   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 EULHIHGDERXWWKH6XSHULQWHQGHQW¶V 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 NHSWRQWKHHPSOR\HH¶VILOH 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 &2¶VDQQLYHUVDU\GDWH   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