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HomeMy WebLinkAbout1991-2889.Sullivan et al.93-04-14 ONTARIO £MPL O Y~$ DE LA COLIROIVIVE CROWN EMPLOYEES DF- L 'ONTAR~O GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS E~TREET WEST, SUSTE 2100, TORONTO, ONTARI~. MSG ~Z8 TELEPHONE/T~L~PHONE: (4~6] 326~138B 180, RUE DUNDAS OUEST, BUREAU 2~00. TORONTO (ONTARIO). MSG 1Z8 FACS.~I~41LE/T~_LECOPIE ; (4 ?6) 326-1396 · N THE MATTER OF AN ARBITR~TON Under THE CROWN EMPLOYEEB COLLECTIVE BAR~H~NING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Sullivan et al) Grievor - and - The Crown in Right of Ontario (Ministry of Correctional SerVices) Emgloyer B~FORE M. Gorsky Vice-Chairperson E. Seymour Member D. Montrose Member FOR THE L. Yearwood ~RIEVOR Greivance Officer Ontario Public Service Employees Union FOR THE S. Patterson RESPONDENT Counsel Legal Services Branch Management Board of Cabinet HEARING September 16, 1992 January 11, 1993 1 DECISION BACKGROUND AND FACTS The parties filed the following Agreed Statement of Facts at the opening of the hearing: AGREED STATEMENT OF FACTS 1. Mr. Sullivan (the "Employee") was at all material times employed by the Ministry of Correctional Services ' (the "Ministry") as a' Correctional Officer at the Sault Saint Marie Jail (the "Jail"). 2. The duties of the Correctional Officer 2 are described in the Job Specification attached to this Agreed Statement of Facts at exhibit 1o 3. In the course of performing his duties at the Jail the employee is called upon to attend at either the Gord Saunders House (the "Home") or the salvation Army C.R.C. (the C.R.C.") 4. The Gord Saunders House is a residence for Young Offenders which is located at 136 Pilgrim Street in Sault Ste. Marie Ontario. The residents of the home are young offenders who have received a judicial sentence of Open Custody. It is operated by an autonomous Board of Directors and funded through grants from the Ministry. At any time a maximum of 10 residents will be living at the home and they will be attended~by a minimum of two employees and usually three employees of the home. 5. Pursuant to the provisions of the Young Offenders Ac__~, specifically section 24.2~9, it is possible to transfer a resident from open custody, the home, to secure custody, the Jail for a maximum of 15 days in a number of circumstances. These circumstances are set out in the policy attached as exhibit 2. 6, When the transfer set out above is to occur the employees' of the home contact the shift supervisor of the jain and request that attendance of Ministry staff at the home to effect the transfer. The policy which dictated the conduct of the staff of the home and ministry staff as at June 27, 1991 is attached as exhibit 3. 2 7. 'The C.R.C. is a 'half way' house for adult offenders in the correctional system. In general terms this placement is the last step in the system prior to an inmates release. 8, The Correctional Officers have a responsibility in transferring inmates ~rom the CRC to the jail which.is similar to that set out in paragraph 6 above. The circumstances in which such a transfer may occur are set out in policy attached at exhibit 4. 9. The precipitating incident to the grievance before the board occurred on Friday June 28, 1991. The grievor and a fellow'C.O.2, Mr. Bishop, were instructed to attend at the home to transfer a young offender to the jail. The two C.O.s were dispatched to the home in a Ministry va~ which is designated for the secure transfer of inmates. No issue lies between the parties on the design or use of the van. 10. On arriving at the home the correctional officers found two staff of the home and several young offenders in the living area. The young offender who was to be ~ transferred was stuck in the window which he had tried to climb out and was under the influence of alcohol. The young offender was returned to the jail. 11. As a result of the above occurrence the grievor filed a report which is attached as exhibit 5. The Ministry, in the person .of Mr. Jude Lake, Superintendent of the ~jail, reviewed the report and met with the management of the home to insist on a review of the policies on when police should be called to deal with the behaviour of the young offenders. As a result of this meeting and the report of the grievor and the events set out below the policies of the home and the jail were amended. The new policy of the jail is set out at exhibits 6 in brief and fully in exhibit 7, 12. In August, 1991 the grievor was again instructed to attend at the home to transfer a young offender. The grievor initially, refused the assignment and ultimately the grievor and two other Correctional Officers were ordered to perform the function. Subsequest to this situation an Inspector from the Ministry of Labour under the Occupational Health and Safety Act, was requested to attend at the jail and meet with the Union, the grievor and management. The Inspector's report is attached as exhibit 8. 13. The grievor ~equests that the local police be called to the home or the CRC any time that a transfer is requested. 14. The ministry takes the position that the police are not necessary in every circumstance and that an evaluation of the situation should be done, first by the staff staff of 'the .home or CRC, then by the shift s~pervisor prior'to assigning the Correctional Officers ' and finally by the Officers themselves when they attend at the site. The parties agreed that the Agreed Statement of Facts was also intended to apply to Curt Bishop, referred to in paragraph 9 of the Statement, and thi~ decision is to apply to Messrs. Sullivan and Bishop. Exhibit 1 referred to in paragraph 2 of the Agreed Statement of Facts is annexed hereto as Appendix 1, Exhibit 2 referred to in paragraph 5 of the Agreed Statement of~Facts is annexed hereto as Appendix 2. Exhibit 3 referred to. in paragraph 6 of the Agreed Statement of Facts is annexed hereto as Appendix 3, Exhibit 4 referred to in paragraph 8 of the Agreed Statement of Facts is annexed hereto as Appendix 4. Exhibit 5 referred to in paragraph ii of the Agreed Statement of Facts is annexed hereto as Appendix 5. 4 Exhibit 6 referred to in paragraph 11 of the Agreed Statement of Facts is annexed hereto as Appendix 6. Exhibit 7 referred to in paragraph 11 of the Agreed Statement of Facts is annexed hereto as Appendix 7. Exhibit 8 referred to in paragraph 12 of the Agreed Statement of Facts is annexed hereto as Appendix 8. It was also agreed that the issue before us related to whether the Employer, through the policies and the systems it has in place for correctional staff escorting offenders from open custody (as in the case of young offenders from Gord Sanders House) to secure custody at the Sault Ste. Marie jail, has made "reasonable provisions for the safety and health of its employees" as set out in art.18.1 of the collective agreement. Art.18.1 of the collective a~reement is as follows: 18.1 The Employer shall continue to make reasonable provisions for the safety and health of its employees during %he hours of their employment. It is agreed that both the Employer- and the Union shall co-operate to the fullest extent possible in the prevention of accidents and in the reasonable promotion of safety and health of all employees. The Grievor, Robert Sullivan, testified as follows: 1. He was on duty on the night of June 28, 1991, when he was assigned, together with Mr. Bishop, to attend at the Gord Saunders House to return one or two .Young Offenders who were "acting up" to the Sault Ste. Marie jail. 5 2. The above assignment was given to him by the shift I. C., Mr. ~idd, who gave him a short briefing that was restricted to the limited informatio~ above referred to iD paragraph one, 3. On route to the Gord Saunders House, the Grievors were communicated with by Mr. Kidd by two-way radio and informed that one of the Young Offenders was stuck in a window on the top floor of Gord Saunders House while engaged in an apparent suicide attempt. 4. When the Grievors arrived at Gord Saunders House they observed a chaotic situation with a number of young offenders rushing through the house and about the yard swearing and screaming.. 5. Upon entering the house, Messrs. Sullivan and Bishop were subjected to a good deal of verbal abuse from young offenders resident at Gord Saunders House, however, no threats to do them physical harm were then directed at th~m at that time. 6. Mr. Sullivan asked a worker at the House where he could locate the young offender they were to return to secure custody at the jail and was told that he was in an upstairs room. The Grievors proceeded upstairs and found the young offender in a window being held onto by a worker at the House. Also present in the room was another young offender, apparently 6 intoxicated, who appeared to be a friend of the young offender who was stuck in the window. 7. As the friend of the young offender who was stuck in the window, was apparently in an intoxicated state and was creating a good deal of upset, the Grievors removed him from the room and placed him in leg irons. 8. They then attempted to pull the young offender who was stuck in the window back into the room, but this was not possible as he was too firmly wedged in the window, and the Grievors were of the view that if further attempts were made to pull ·him into the room he might suffer injury. 9. Mr. Sullivan then observed another young offender, who had gone outside, climbing a ladder towards the window where the young offender was wedged. Mr. Sullivan believed that this ladder had been placed there· by the young offender who was climbing it. 10. When the Grievors concluded that they could not safely remove the young offender from the window, they first attempted to take the window apart using a screwdriver that they found on the bed in the room, which screwdriver was between one-and- one-half and two feet long. Mr. Su~tivan did not know who had brought the screwdriver into the room, although be suspected 7 it was one of the inmates at Gord Saunders House. When the Grievors concluded that they could' not disassemble the window so as to release the youn9 offender who was stuck in it, they asked one of the workers at the House (on three occasions) to summon the fire department. 11. Mr. Sullivan estimated that the time that had elapsed between the time the Grievors entered Gord Saunders House and the time when the fire department was summoned to be approximately fifteen minutes. 12. Mr. Sullivan also stated that the police department had been summoned to the premises, apparently by neighbours who had observed the young offender in the window and the ensuing disturbance. 13. A member of the fire department climbed up the ladder that led to the window where the young offender was stuck and removed portions of frame so as to enable the young offender to get back into the room. 14. The Grievors assisted the young offender to get back into the room, and when he was in' t~e room p~aced handcuffs on him after observing that he did not appear 'to have suffered ~ny significant injury. They did observe he was in a very 8 intoxicated state, and it was necessary for the Grievors to carry him to the van for removal to secure custody. 15. The Grievors secured the young offender in the back of the van, all the while being subjected to verbal abuse and threats from him. 16. According to Mr. Sullivan, there were approximately ten persons, assumed by him to be neighbours, who observed the incident from the street.. 17. Because the other young offender, above referred to, appeared to be in a very intoxicated condition and continued to direct verbal abuse at the Grievors, they decided that he should also be returned to secure custody. The Grievors requested the police to'escort this young offender to secure custody, and they did so. 18. The two young offenders were in such an intoxicated condition that they had to be carried to the segregation area of the jail. 19. After the above incident, Mr. Sullivan filed Appendix 5. In apparent response to Appendix~ 5, management gave him a copy of the policies relating to transfers from' open to secure custody, and advised him that, in the future, more information 9 would be given to correctional officers when they were ordered to return inmates from open to secure custody. The Grievor was also told that procedures with respect to returning inmates from open to secure custody would be discussed with the operators of facilities so that the police would be summoned at the outset in eases as above described. Mr. Bishop description of the incident supported that of Mr. Sullivan, and he added that furniture was also turned over by inmates during the disturbance. Counsel for the Employer did not take issue with the evidence given by the Grievors 'relating~to what had taken place during the incident. Mr. Bishop noted that some of the other young offenders involved in the disturbance were over six feet tall and weighed over two hundred pounds. Mr. Bishop also noted that the police had some difficulty in restraining .the second young offender. The only evidence called on behalf of the Employer was that of Mr. Lake who testified that: 1. Gord Saunders House is funded by the Ministry of Correctional Services as a phase two open custody facility for young offenders between 16 and 18 year of age. I0 2. Prior to the incident testified to by the Grievors, the policy with respect to the transfer of residents from open to secure custody at the jail was based on the provisions of s.24.2(9). of the Young Offenders Act. This policy is set out at Appendix 2, which is dated May 1991. 4. Mr. Lake also referred to the policy of the Sault Ste. Marie jail relating to transfers from Open to secure custody, which is found in ApPendix 3. 5. Mr. Lake learned about the incident of June 28, 1991 the next day from the shift supervisor, and he also received Mr. Sullivan's reports: Appendix 5 and Exhibit 9. The evidence of Mr. Sullivan reflected the contents of Exhibit 9. 6. Mr. Lake stated that he was quite upset upo~ learning about the events of June 28, and a~ranged to meet the Director, Open Custody Facilities, after first communicating with the Area Manager of Probation and Parole Services. He said that this was t'he protocol to be followed, as the Area Manager was an employee of the funding Ministry for Gord Saunders House, 7. A meeting was held with the Director, Open Custody Facilities and the Area Manager, approximately a week after the incident, 11 for the purpose of reviewing what 'had taken place and to ensure that omissions by the staff at the Home in following policies and systems for returning inmates to secure custody would not be repeated. 8. In reviewing Appendix 2 at the meeting, special attention was placed on the last paragraph: If a serious criminal offense is being committed, and/or a serious disturbance is occurring, the police are to be notified immediately to intervene. 9. Mr. Lake stated that he relied on Mr. Sullivan's reports as an example of how the actions of the staff at Gord Saunders House did not comply with the above directive, and emphasized that the police should have been contacted in this case. Mr. Lake emphasized that the Grievors were in no way at fault in the way in which they carried' out their duties at the relevant times.. 10. A new procedure was established after the incident of June 28 so that full information would be provided to the shift supervisor, who would, in turn, furnish it to eorectional officers ordered to attend to remove persons from open to secure custody, to enable them to have sufficient information to enable them to make a judgement whether police assistance was required. 12 11. Mr. Lake also referred to the incident in August 1991, mentioned in paragraph 12 of the Agreed Statement of Facts. The contents of Exhibit 8, referred to in paragraph 12 of the Agreed Statement of Facts (Appendix 8 to this Decision), were rendered illegible by the photocopying process, and a typed version is contained in Appendix 8. 12. Mr. Lake was not aware' of any appeal having been brought against the findings of the Inspector for the Ministry of Labour (Operations Division, Occupational Health and Safety). 13. The Inspector had copies of the po]icy of the Employer with respect to the return of persons from open. to secure custody. 14. Appendix 6, dated September 12, 1991, was prepared after the meeting of the Inspector for the Ministry of LabouP, and was intended to clarify the procedure to be followed in transporting offenders from open to secure custody. He emphasized that correctional officers could use their discretion as to whether police should be involved in returning a person from open to secure custody. Shift supervisors were requi~ed to call in the police upon being requested to do so by by the correctional officer(s) assigned to return an inmate to secure custody where the officer(s) had concluded tb~t this was necessary, based on the information furnished. 13 Mr. Lake noted that usually two (never one) correctional officers are assigned to return offenders to secure custody. It is finally up to the correctional officers assigned to return an offender to the institution to make the decision as to whether police are to be called, if this has already not been done by someone else. 15. Mr. Lake noted that there are portable radios in the vehicles used to transport offenders that allow for instant communication with the shift supervisor. 16. Mr. Lake.also stated that new forms had been prepared for completion by the staff of Gord Saunders.House, which require a clear statement of the facts leading up to the request to return the offender to secure custody. This information would · assist shift supervisors and correctional officers in assessing whether police assistance was necessary. ARGUMENT OF THE UNION Reference was made to statements made by the Board, at pp. 19- 20 of Watts/King 1367/90 etc. (Rap]an). In the latter case two grievances were brought by CO2's at the Niagara Detention Centre alleging violations of art.18.1 of the collective agreement: Counsel referred the Board to Stockwell 1764/87 (Wilson), one of the leading cases on point. In Stockwell, the ]4 grievor alleged that the employer was not making reasonable provisions for her health and safety under Article 18.1 of the Collective Agreement. Very simply, the facts in this case were that the grievor, a Correctional Officer, was locked in a van in the secure portion with one or more inmates as the inmates were being transferred from point A to point B. In these circumstances, the union argued that if there were an accident and the driver of the van was incapacitated, the. grievor and the inmates she was escorting would be locked in with no way of escape. This, she argued, was contrary to the employer's Collective Agreement responsibility. Counsel in the Stockwell case, (as in the instant one), submitted that there were two issues to be determined: first, whether there was a risk, and second, whether the employer had acted in accordance with .the Collective Agreement. The Board in Stockwe~l reviewed the jurisprudence, including OPSEU (Union Grievance) 69, 70/84 (Samuels) where the Board held that: Article 18.1 'speaks of reasonable provisions for the safety and health of the employees. And this is echoed in section 14(2)(g) of the Occupational Health and Safety Act, which imposes a duty on an employer to "take every precaution reasonable in the circumstances for. the protection of a worker...There is no obligation to guarantee an employee's safety against every possible risk, no matter how remote the possibility that it will occur. The collective agreement and the legislation contemplate "reasonable" precaution...It is necessary to balance the safety of the employees against the need for care and custody of the inmates and the purposes of the institution. Proper planning can reduce the potential or likelihood Of incidents, but it is not possible to eliminate all conceivable risks (at 6- 8). (emphasis as in the original) Reference was also made to the statements of the Board at pp.26-27 of Watts/King: The employer has an 'obligation to take reasonable precautions for the safety and health of its employees. Like other panels of this Board, we are of the view that "reasonable" does not mean "every." And we are also of the view that what is reasonable wi]] depend greatly on the facts of each case, and must involve a ba]ancing of 15 interests of the employees and the employer. In the instaat case, the fact that no employee has been attacked or injured while conducting a patrol is neither here nor there in the same way that the concerns raised in the Stockwell case had not taken place. It is obvious that the potential for injury exists. In our view, it is not unreasonable in a case where the union has demonstrated some degree of risk to the safety and health of employees to require the employer to explain, if not justify, the necessity and reasonableness of that employer-imposed risk. In a safety and health matter it is simply not sufficient for the employer to state that it believes a certain amount of increased risk is necessary without taking the next step and convincingly explaining why. A failure to take this next step leads to the conclusion in the instant case that while the employer considers increased patrols desirable (and some reasons were given in support of this position), it has not fully turned its attention to the potential safety and health consequences of the increase in patrols for its employees, nor has it carefully assessed whether such an increase conforms to the requirements of Article 18.1. EMPLOYER'S ARGUMENT 1. Counsel for the Employer did not dispute the test as enunciated in the cases above referred to. 2. It was submitted that the Employer had met the obligation placed on it to take reasonable precautions for the health and safety of its employees. Reference was made to the po]icy and its refinement for the necessary balance .to be achieved between the interests of employees and the Employer, as is referred to in the final paragraph at p.26 of the Watts/King ease. Counsel for the Employer acknowledged that either because of a lack of know]edge of the Employer's policy, or 16 because of a failure to fo]iow it, the incident of June 28, 1991 "went awry." However, counsel noted that the Union did not ask for a remedy that would require a declaration that the Employer's actions with respect to the June 28 incident represented a violation of art.18.1 of the collective agreement, but asked for a declaration that the Employer's policies and the systems it has in place with respect to the movement of inmates from open to secure custody do not represent a "reasonable provision for the safety and health of its employees." In addition, the Union sought a remedy that would address the alleged failure on the part of the Employer to meet its art. 18.1 obligations in the circumstances described. 3. Counsel for the Employer submitted that the Employer has to transport offenders from open to secure custody in certain circumstances and that when it is called upon to do so it has an obligation to evaluate and address the risks to its employees in carrying out the transportation obligations. 4. It was the submission made on behalf of the Employer that it had, by its policies and procedures, recognized the risk to correctional officers ordered to return inmates to secure custody by introducing a graduated level of responses. 17 DECISION We were not asked to concern ourselves with any errors that might have been made in carrying out the emergency transfer from open to secure custody in a single instance, We are required to examine the policies and systems established by the Employer in order to assess whether management has taken reasonable steps and has effected a proper balancing of its interests and those of correctional officers employed by it in its policies and systems. The evidence disclosed that steps have been taken to ensure that proper information is 'obtained by persons responsible for dispatching correctional officers to return inmates to secure custody so that the Officers will not have to carry out their responsibilities without adequate knowledge of what they might encounter. Exhibit 6 makes it clear that m correctional officer is entitled, using his or her discretion, to take the necessary steps to see that the police are called in. Unless there is insufficient information, or where the information indicates that police assistance may be necessary, i~ is not a reasonable requirement that police be called in where an inmate is to be transferred from open to secure custody. As long as a correctional officer is 18 entitled to obtain a reasonable summary of the situation that exists at the place where the offender is located, and,. failing receipt of this.information, can ask for police assistance, or can do so where the information reasonably indicates the necessity of having police summoned, the reasonable balance between the interests of the employees and Employer referred to will have been achieved. It is not reasonable to require that the police be called in in every case. Such cases are reserved for situations when the facts disclose a significant risk to the officer(s) assigned to return an inmate to secure custody, or when the _facts are insufficient to permit a reasonable assessment of risk. Accordingly, the grievances are denied. We emphasize that we are not dealing with a case where we have been asked to find a breach of art 18.1 based on a departure from a policy or syst'em, but to find whether the policies and systems of the Employer now in place with respect to the return of inmates to secure custody place the Grievors at risk in breach of the requirements of ~ha~ article. Dated at Toronto this 14th day of April, 1993. · M. R. Gorsky - Vice Chairperson E. Seymour - Member D. Montrose - Member ' -" %.~u~/(... >~_ ~t-'~'~uJ_Z~ .L ZFlete~-to,' ~. ~ form 'cells 'and other trill is,~ired~ keeping log ~ecord, of cour't and e~t activities; idvis/aq l~atas o~ their rtgh~, and ob~Lge~oasj. '~j~/counsell~ · or other ictLun, conduct~ ~ndustr~, or hahav~ou~ of t~ltal'F efcortln~ ~atel; issuing o~/ade~ata c~=euento only] contrLbu~nq to ~nmato adj~e~ont by pe~lo~a~ exile o~ e~ch., dress, conduct, pfocoao~'fl~ loaatea ~1, ~orward~ng inu~ re.eats to appropriate ~aonnel or h~dl~ng personally, oupe~Laing l~a~es during re~atton, · vis~ts, etc. processing ~ates on a~tss~on/disc~rgo ~ncludtng ~or~fying c~tal .~l~o~iag o~. ~lated duties ~o l~atl safety, security etc. maintaining =eeoZd. o~ the [Isue ~d ~tu~ of keys, kee~n~ ~ar[oue log~, la~r~ l~g~ t~ate location, receiving ~d dl~acting' visitors, con~roll~ng ~ate/etl~/vist~r'mov~ on the basso a~ authorilation, issuing 9reFer receipt, ' control ~d tssoO o~ ~atl"w ~flay, personal property; .... ove~ .ece~tF ta~n~qual an~' ~ui~a~t and ~st a~d ..... over . ...: ,. :"~"~ '",,.:,. ,:~, ~' ~' ' : , ' :. . ', · ~ · · .. ',, "L' ;' ::; " ,' I:" '' · ~[ . . . ~,..~,~- :, .,., ..,.. ' ' ' ~ · ' ' ' 'l ~,1 ~ : . ~ . ., ..., . ~ ~ ....... - 'Ins~ons for ood~ P~l~flon Id~nu~; Ins;uotlon~ for oodiflg Siii~ r~ ;, ~ ~t~ . .o~ ., M~,. ~'.~. ~[, . F~ ' ' ~ , ~., ' ~,,' ,., ';,'~.,. ~) gl~ ~ WM ~ ~"~ , ",,-',,. ' '",' ~.~~~ .... ~.,, . .,~ . . ,. . ~'~',~;, ~:~. Oi~ 7' " "' --.~ ," " ., ' ,. f.f~lM~fl'- ; '' '.,, ,'... -' ' ~TE: TM ~ M the tcm~ ~m ~.d ~# ~mm) ovw 4 ~q~l mnN~NO .. . ~ p~ :~ ~~ T~ i',1 ',:.... ;. '"' ": ""' ":' :"' ''''~'' ' - ~mlaulatl~g ~ne., ~d .eu~enoBSt resolving ~%no mone~l m~k~ng ~d~"o~ Lns~t~tOn '~nd ,,'" grounds to check fo: ~rregul~rtt~es~ ~rtvlng lnotttutton vehtcla ~bil~t¥ ~o recogn~a~'al~d react to abnormal litu&~ons, hehaviour, .etc, Ab~!~ty t~ ~o~k rotating ah~ts l~ an ~nst~tutio~al. ~nv~ro~ent, ~b~l~t~ to ~se Jude~nC a~ tact. ~n ~ ~ . :. · ' ' ' ·.," ~i - ~ ' '.'~' .~.'. ' ..... " .... ' .  .. ',1.~.' ,':. ' , ........ ) ~ ...~,~' ~ , ~'1 . ' ' '~ e · · · Ministry of ( ~ APPI~IDIX ' m~ F~ ' m * '~ (-: .... DIRECTIVE " ' '~V C~rrectJonal ~... ~ ~ ~ .' Se~ic~ ~07~ ..... ~~: --~ .... . ......, .......... - .~ ~.~ ~:.. ..~ ~'-~ ~~~:,.:. ... ..... ,.,~.'m.~L~ ~.~__. ~..~~ r~.,~.~. ~ ~ . :. :.~ .~ :,,.~-- ~~~~ ~ .~ ~..-.. . . .,,,. Suo[~ ........ .,~., ~~ ~O~ ........ .. . . , .. · ...... 7~~.~, 7~.~Z.'rC ~~&~..:.:~..?---: .- .. . . - ' ~OO~O~ ~~ A ~rovincial Director may authorize transfer of a younq person from - ~ custody to secure custody for a period not to exceed 15 days under s.24.2(9) of the Younc 0ffander~ Act This t'~e., of tr~ns=__~=- ~s used ~c ensur~ tke safer-! and security of residence and =ka wel!-beinq cf eack ycunq Derscn in cus==dy. Aqancy open ,, : cus~cdy staff communicate tke de~ai!s of the incide~ ~o the Provincial Director for aut~criza=ion durinq off,ca hcurs and ca!! ~he nearest . secure custody f~ci!!~v d!rec~!v after hours.- ~n response, the Superintendent. 'responsible for ~ediately arranqinq t~e' mcs~ expedien~ ramov~l and trans~cr=ation of ~e v~un~ Der~cn open to secure cusp=dy. A ~r=nsfer from c~en t= secure cust~d,f  is a iasc r~scrn measur~ undern~ken  qnly after all c~.er cpuicns have been '{',~.~' exhausn~d. It is no. ~ to be used f fo~ of .discipline' by open ~as~ody s~aff. / If a serSous cr~inai offenc~ is being cu~in~d, and/or _a serious dis~ancs mo~ifie~ /~ediata!v Uo ~n~e~ene. :~.?....~:~ :?.'!:~.~7 residen=s and s=aff will be primary ~.. -. _ . _: ~-~,~- fac=ors in t-he decision to conduct t~hi~ ~'4 '..~.' . '~.~.... i~.'b?.~c'~, se~re ~usCcdV s=aff, Full ' '' ~--~---..~ ~=..-.Co,unica=ion between all p~ies is %~ ~.~';."?" essential to ensue the safety cf the ~J:-%-~'~:7: =->. young person and the remaining · residen=s. '~._u.:-. - .... I= is also essen~ia! ~a= con, unica=ion ~.-~R :~:;:~ -... between Provincial Direc=crs or '" delega=as =aka place as soon as ~$~(~ possible and preferably ~he next '.-. ~ working day =o review the removal '~)~ decision, to deta~ine the length cf ~D~ sUay, and to e~edita the return of the · - young person =o open cus=cdy. Facility and 99en Cusn.ody Liaison Officers and =he O~en Custody Direc=or should be .~ involved in ~his assessment. In some cases, yo~q persons may nc= ~e suitable for p!acemen= back in the c._g_na_ residence and a new plan mush be developed for p!acemen=. Onqcing eva!uaticn cf emergency effacnivezess cf local arrangements essanuiai. For the Dur?csa cf ~h!s prccadure, the Pray!ncaa! Dirsc~ur may de!agaue under s.24.2(9) YOA t~ cuber positions ac ..... c .... f. )Den Staff. i. Repcrn incident to the Open Cusncdv Oirac~cr invc!ving any ycunq cerscn esc~in? cr au%am~c%ng escape cr :~here z~e sa=at'f cf ~he ycunq person cr c=ker vcung cer~cns ~= ~ecTardized. Lcca! safeu'; and sacurit'f urocsdur~s ar~ cbsar';e~ ~ ensure the .... -':~-~. ~ :-~ ~~-:.~'=.".t~:r-,',..~--:: ~'- ' Superin~nd~ ' .-...::,,~r~9-~ ........ . ...... .. , .,. · .~ ~.~:.~,~:...~-. -: ._r.. ~,.. . . ' . ..... -- .... ~.--~.~ ........... · · Follow. l~ca! procad~es for recording behav~ou= '(.~,~;~'; -'~' ~.'",~i , .'.-..~. v.= ,-..~ ~ /- e ........ " ~s~y scarf fi. De~cri~e ~e situation fully t~ ~. - esc:r~ officers u~on their arrival · - at ~he residence. To prevent escor~ officers from entering an unknown situation, open cusnody s~aff must inform ~hem if the young person transfer and the anticipated reach!on.' NOT~ In scme cases, due t: fear cf reprisal , " or escape risk, staff may defer informing the young person of the transfer until the arr~v2! of ~he esccr~ cff!cer~, in 'these situanlcns open cus=.ody staff wiTM advise the escurn officers cf this fact. IF A YOUNG P~SON IS UND~ CONTROL Agency Open- Custody Staff 6. identify the young ~er~cn named cn ~he warran~ ns the esccrn Offlcsr~. Provide all ra!aUad documenna=icn inc!udinc nne oricina! Warranc of C~mminma! =u =he=~r__-_ ~ officers . ~ .-.:~..~-~-~,.~..~:.'-.~,~:~ ............ F..::-. residents and $~af~ will ...~ .~.. *.~ ~.' ~ ~~.~. ~.. .... · · ~,. ~=~~~~-~_ .-.,. ., , must ~e involved in cocrdinatin= · ~'~-.--,-= .~u~, ....... ~~ -~- ~ r~ova! of ~e voun= pe=~D Ail . .. ...... ,~R.~,~-,~.~=~.~.-~.- ..... ' ...... ~ se~re c~scodv s=a~f. FUll - ' ......... ' '"'~' ...... ~---'='~P~ .... '-' ...... co--unica=ion be=ween all par~ies ~..~~.~:~:=:~,'.~'~=-~-~-, .~ ..~c.,-'-.r=- - essen=ia! to ensur~ =he safety of the :~i~~~,.:~r~~:~%~".:~T~' :Wr,:: '--~' young person and the rmmaining ..... ~.r~=.=:~ .......................... residents. ..~~~?~T~ ~.. g.%.f?y:--p~'.. ~". It is also essential =ha~ co=unication ... ?~..~...u= possible and praferably ~e next .-:..-.-.- '~.~,..~-. ' ": .--. ,~. working day =o review the removal " '~ '." [~)~ decision, Uo deta~ine the leng~h~ cf :_ - ~ stay, and to .e~edita the return of the ~ ~ .- young person to open cusncdy. Faci!i~y ' and Open .Cusncdy Liaison Officers and ~' the Open Custody Direcnor ~hould ~ ~ involved in this assessment. In some cases, yo~q perscn~ may not ~e su_~ab__ for p!acemen~ back in the cr_q,na_ residence and a new plan must ~ ~e deve!cped for p!acmmenn. 0ngcing eva!uaticn cf emeruency tr~nafar pr=csdura-s tc determine the effacUlveness cf !cca! arrangements " " essen~iai. For the purpose cf this DrccedurR, the Pr~vincia! Di~-=~-cr may deleca=a undem s.24.2(9} YOA =c ocher 9csi=icns in ~he s~"-= PRO~~ Agency Open ~d~r $~f~. i. Re.ucrt incident To the Open Cus=cdv Oirac=_~r invc!vinq any young person esc.-Tin? cr aunam_uning to escaue cr whe-= ~= safany cf the ycung person cr ocher ycung persons is jecpar/izeC. Lcca! safauv an~ security procedures ar2 otser';ed ts ensura t~e care and ' ".':'...:~~~=~~~~:sSe=e isolation ~de= ~is se~ion of :'~ .r":~ ~~r~.~~-~?,,~e You~= 0~eu~ers A~. The ~~i=~... ~. ~-~-~ ~r-.. ...... a~ission. If ~ yo~g person is .. ~:~ ~i~..:.' .-v · · ,:;T;~:~[~,:.~".'""..:,"' .'. ' " ~sola~on ~! ~e c=~s~s ~s over [*'.~.~~-.:.~S~??.'.7.:~.r.. ~.%-""~"..-:=-~r.: =.'.'..-:-'. :: ~he need for sec,=a isolation has · :..~:.;.k~z~,~ ,;; ;?,... _. , ...... ,.,..._,. :~ ~.. ........ ,'~:?~'.$~ ::.- .... '-:" '. - ',-tz- .'- ...... passed. (See also YOA "~:;:~??:~}~=z~'. :--:.' - '-~ .... ;.;:'-:':T': '-[~-. Po!icy a~d Procedures Manual .... .. ....... 04 ~ ~g~[ Il. Com,!eta and send a Transfer of ~ional ~~ Responsibility (fo~ ~71-9953 ) (~O) Provincial Director wiuh a copy ~' ~o~cial Uhe Reqiona! Office .~D: P._ua__ and faxcom an incident Re~cru (fu~ ~71-99!0) =o Regicna! Office. .. Fo!iow Main 0ffic~ requirements for , " su~mit=inq Inciden= Re~crn~. Briefly record the nanur~ of incidenn, a description of the younq per~on~s behaviour and ~he ra~iona!e for ~e transfer. 12.Review the incidenn ~he next wcrkinq day. In consultation wi~h The Open Custody Liaison Officer and da~a of r~=urn cc open cusnudy and . .~_ -h_n ~ arrange for urunsDcr~azicn ~ ~ ~ _5 days. DELEGATION OF DUTIES ~D PoWF_RS OF PRO~NC~ D~CTOR FOR ~R~S pursuant =o para,apb 45(1) (a) of ~e Minist~ of ~he Min!sZer cf Correc=iona! Se~ices may appcin~ any person as a provincial dirmc=or; · ~ AND WH~R~_AS by a designation dated ~he 1st day of. April, 1985, I have '~een designa=a~ as a provincial director Uo · perform the duties and functions of a provincial director for ~/%e purposas of sec'-ion 24.2(9) of the Youn= Offender~ Act (Canada) S.C. I980-8!-82, c.!!0; THiR~!OR!, I heraby de!egaUa to. ~ke position of the aunhority Uo perform all ~he duties' and funcnions of a provincial director for the purDose of section 24.2(9) of the Ycunc Offenders Acc (Canada} subjecn =o ~he .following conditions: .... , auuhcr uy may nc~ de!eqat-=-d !ewer ~han the position of Shift Supervisor or be further delagatad. DATED'.~he dav.. of , 19 ~ f ~PENO~X "2" ~-'.~----~ Ministry'of Minist{~re des ~,.o. Corre~iona[ Se~ices s~t ,', 'Se~ices ca~e~ionneis Psa 'Ontado ' ~t S~. ~ P~ de Telephone; (708) ~al T T~l~e: (~) ~17 ~o~~ ~-./' TO: Shif~ Suge~isors ,./ · ~M: R. F~T~ - DE~ SU~E~ENDENT DA~; J~e 27, 1991 8~CT: Tr~sfers - Open to Secure Please note ~e attached Directive on =rans~ers o~ Young Offenders ~rom open custody to =he jail. ~ough the directive is e~licit In con=ant, we had a meeting las~ week in order =o agply ~e policy to local Drocedures. The following ~oints were clarified: 1. Co~s~lor a= Gord Sanders House will call ~e jail ~d ask =or ~e Shif~ su~e~isor ~ order to e~lain ~e si=ua=ion. The Counsellor will ask for ~e jail staff to =ransfa= an o~fender from open =o secure custody. ~. The Shift SuDe~isor will decide on two or more Correctional Officer~ to complete the transfer. Restraints will be taken in one of our secure vehicles. 3. The Correctional Officers will go to ~he back door of the Gord Saunders Housm and meet an on-duty 'Counsellor. Restraints will be used in order to tran~po~ ~e offender. The Counsellor will tell the Correctional Officers if the Young Offender ~nows about the trans f er. 4. At no time are staff from the Gord Saunders House to transport ~e offender to the jail ~emselves.' A Transfer of Responsibility fo~ will be completed and accompanied by Open Custody Warrant of C.om~i=tal when the Yo~g Offender is ratu~ed to the jail. An Incident or Occurrence Repo~ may ~e appropriated at this time, however, due to ~e urgent nature of ~e Young Offender's removal, ~is may no= ~e practical ~d ~us may follow a= a later time (ia: next day). 5. The counsellor will dateline whether or not the mol!ce are to be s~oned. If so, t~e Dolice may arres= the offender and take him to th~ police station for processing. The Counsellor will call the Dolice if necessa~I. If the police press c~arges, but do not remove ~e offender, the Counsellor may scill wanu Cmrractiona! Officers to trmnspo~ the offender. $. It is =he responsibility of =he counsellor =o consult wit~ the Director of t_he Gord Saunders House. In ~, ~e Dir~or will con=a~ ~e Prov~cial Direc=or (~ea M~ager). A= ~e ~e Shif~ Supe~isor will r~pond ~o ~e re~e~ of ~e Co~selio~ ~d conta~ ~e on call pe~on ~ o~er =o advise h~/her of 7. The Shirr Supe~tsor will colle~ ~e repo~s from staff, complete his/her repo~ ~d leave ~e do~ts for ~e Offender Unit ~ager who will f~ ~e s~e to ~e ~ea M~ager · '~:- .prior to .0845 ho~s ~e ne~ working day. ~e ~ea Manager will include ~ese docents wi~ repo~s received from ~e Gord · ~-]'~' '+ Sa~der~ House and respond to Regional O~fice (N). "~% '~' .'8. The ne~ day, ~e Director (desi~ee) of ~e Gord Saunders · . ' Housa will review ~e cir~=~ces, liaise wi~ ~e ~ea Manager ~d Superintendent, inte~iew the Yo~g Offender, and 'decide on re=u~ing h~ =o ~e Gord Sanders House or remaining in secure custody. If ~e Yo~g Offender is ~o retu~, ~e Gord Sanders '~ouse staff will a~ange ~e transpo~ation. 9. The decision.to house ~e Yo~q Offender in crisis management or on the Young Offender Uni~ is wi~ ~e Shift Supe~iscr. The Young Offender Unit Manager will inta~iew ~e Young Offender daily and liaise wi~ ~e Director of ~he Go~d Saunders rHouse On his retu~ to open ~stody. Per: R. ~ FLETCHE~ - DEPUTY SUPERINTENDENT RF/am cc J. Lake G. Bertolo g. Tighe L. Honsberger - Area Manager P/P L. Kinghorn - Director, Gord Saunders House File Correctional ~'.,..a'nunity Resource Centre (. Services On~ano Pblicy and Procedures Manual su~i~ ~m~ CRC 08 02 01 Section Da~e Major Behaviour In_fl-_actiom March 1990 TA Pei'mit Condition Infracfio~ 4 PROCEDI. FRE CRC/CRA Staff 1, After becoming aware of a possible TA Permit breach, attempt to verify incident by a preliminary investigation. 2. When breach is verified, notify the house Director immediately of the incident, ff Director is _not available, not/gy the appropriate minisu'y official. 3. Irt the case of a TA resident who is ualawSally-a.t-Iarge, and the CRC/CRA Director or on-call person rs not available, mediately inform the appropriate ministry official allowing a period of grace of30. minutes at the very latest. 4, Make the appropriate notation irt the residence log and follow up wt~ an Occurrence Repor~ to the Director of the residence. . 5. If situation is hostile or violent, contact the local olice immediately, then contact the Superintendent or esignate of the affiliated imfimtion. 6. When a violation of the terms and conditions of the~TA Permit is suspected, contact the o. ffiliated institution immediately. 7. ff the situation is not hostile or violent, but return to ' the imtitation is deemed necessary by the Director, a verbal request to the Superintendent or designate will be i_rdtiated. 8, When a resident is removed fa'om CRC/CRA, submit an in/t/al Occurrence Report to the Residential Director. 'Agency Director 9, Submit a formal Occurrence Report to the Superintendent of the affiliated imtimtiort. Correctional Commllni~ R.esOl/l'Ce Centre Oma~o Services POliCy and ?=oceduzes Manual su=i~ Numt~er CRC 08 02 01 Se~ion Date Major Bchaviour Infi.actioas March 1990 Subject Page TA Permit Coadition Tn~a.c~ions Superintendent . When the removal of TAP inmate is deemed necessary, dispatch a vehicle to the residence with 2 correctional officers and return the imnate to the institution, as soon as possible. . In any return to_ ins.titution, initiate investigation of inddent immediately. . In order to return an inmate to the institution fi.om a CRC/CRA; the TA Permit is'to be suspended or withdrawn. Superintendent . Submit au incident report to the Regional Director on the occun'ence with a copy to the CRC/CRA Director. Regional Director/ . Investigate any dispute between a CRC/CRA Director and Designate a Superintendent with regard to the return of an irtmate to an imtitution, and rule on the issue. Regional Director Possible outcomes of Regional Director's ruling: inmate would remain at the affiliated institution with the TA Permit revoked, or inmate would be returned to the residential program. . "_ .......... :; ...... Institution Use Only ....... · .., J,'~ ,'.'.~,2.,~.. ' ... ... . Oc~u~ncm .Date an~ T~e c~ Oc~mnca Da~e ~d T~e Rep~ ~ C Officer Detailed S~a~ of Oc=u~mnce S~a~z Continued (Over) Repo~ R~viewed By:-' Investigation Si~a~ur~ cf (Na=e and ~-~ e)._ ~_ Re=c~inq. Officer: To Sup_~rin=enden= In$=i~J~=ion ,' .-~Z,--.~.~'---~- ......................... ' ' ~-~ ~ '.<'~,.: z- T~}_ ='' '"" T!rpe of Oc_-n~L-rence .................. · Date and T{~e of'Occurrence Date and Time Repcr~ Submitted ~ca~ion of Oc~ence "- N~e ~d Title of Re~o~ing C~ ~ o~ficer (~rint) S~a~r C===inued (Over) Reviewed By:" Investigation ~ Si~at'ar~ of and Title) , ~~Repc~ing. Officer:  Ministryof Mk .'~bre des ~,.o. 145 MCN~=~b S~'eet 1451 rue Md;abb Correctio Sewices Saul( ste. ie, on io Se ices correction nels Ontario SauJ~ S~e. ~de P~is~ Oe T~eph~e: (705) 2~8 Jail Saull S[e, M~rie F~imile: (705) 942-9773 T~t~pieur: (705) ~42.9773 MEMORANDUM TO: Shift Supervisors FROM: R. Fletcher Deputy Superintendent DATE: September 12, 1991 Meeting with Ministry of Labour in regards to Right for Refusal to Work. Last week, Mr. Lake and I met with local 608, O.P.S.E.U. Regional Representative and Mr. M. Gignac, of 'the Ministry of Labour Occupational Health and Safety Section. The discussion with. the party's was mutually agreeable in order .to clarify issues related to transporting offenders from community residence back to the institution. The local had submitted a grievance, under Article 18.1 of the collective agreement after an incident had occurred at the Gord Saunders · House. Since this occurrence, You have received direction from Mr. Ed Tighe-Y.O. Manager and me. Although the procedure remains the same, please note the following interior agreement while we await a policy decision from a joint committee on the same topic. 1. Send up to three Correctional officers to the C..R.C. or Gord Saunders House if you receive a request from them to return an offender. 2. The Correctional officer will use their discretion in whether or not the POlice should be involved. 3. If the Correctional officers call you by radio for police '~" backup, you are to contact the police and let the counsellor at the house know. 4. Let the on call person informed. I am enclosing the brief from Mr. Gignac. He has explained to us that the Right for Refusal to Work does not apply in these circumstances. However, you are to follow through as per my previous memo on the Right for Refusal to Work. · ~'--"" Ministry of Mit;.,,~re des ~.o. s~' J 145 Mc...Nabb Street 145, rue McNabb  Corre~ional Se~ices SauitSte. ~rie, On~io Sa~ftSm. ~ie ' Se~ices corre~ionnels P~ 5~ P6A 5L8 Ontario $ault S~. ~tie P~i~n de TeleDhone: (705) 254~817 T~lephone ' (705) 254-6817 Jait $~lt Sm. ~e Fa~imi~e: (705) 942-9773 TO~p~eur: [705) 942-9773 Page 2 In the meantime, the grievance on Article 18.1 stands for processing through the grievance procedure. As soon as we are informed of any change in policy on this topic we will let you know. I ask that you confront me if you have any questions. Thank you. MR. /R.. FLETCHER DEPUTY SUPERINTENDENT ~ Sault Ste. Marie Jail RF/ma cc: J. Lake G. Bertolo E. Tighe C. Bishop file _ SAULT STE. ~IE JAIL i ~IAN. 0~/ (24.2{9}) The Provincial Dirmctor (in this case, the Area Manager of Probation and Parole Se~ices) or his desi~ate'(including Open Custody staff) can au~orize ~e transfer of a Y.O. from open custody to secure custody for a period not to exceed 15 days under Section 24.2(9) Y.O.A. This t~e of transfer is not to be used as a disciplina~ measure. It may be used. if: '(a) a young person escapes or attempts to escape lawful custody-; or (b) the transfer is necessa~ for the safety .of the young person or the safety of others in the place of .open custody. Should such a call come in to our jail on afternoon or niqht shift or on ~e weekend, the shift supe~isor should proceed as follows: 1. He should confi~ ~at the pemson calling has the authority au~orize such a trmnsfer (the person calling should be the Area Manager or his designate or Open Custody staff. 2. He should get the pa~iculars of the situation and keeping in mind that this is an emergency transfer, should brief and dispatch two co~ectional officers to the open custody residence at 136 Pilgrim Street as soon as possible. The officers, one of whom should be a youth officer if it feasible, are to ensure that they have all the necessa~ restraints with them that they might re~ire. ~at restraints are re~ired if any, will be a decision made on the .site. The area manager has re~ested that we use the parking lot in back of the residence and that we use the back entrance for these transfers. 3. The young offender will be returned to our Y.O. unit and a~itted. Placement will be established when he ~eturns to the unit. ~ ainistry~... ~' Standing Orders SAULT STE. ~IE JAiL 4. A~itting youth officers will treat the Y.O. as if ~e were a new ~a~it, however no new n~er is issued and they will not finge~rint, al~ough t~ey will photogra~h ~e ,young offender. 5. The doc~ents necessa~ to an a~ission under 24.2(9) Y.O.A. are: ~. ~ original warrant 2. Transfer of Responsibility 3. ~ occurrence repo~ At the time of the emergency trmnsfer the open custody residence may ,not be ~le to readily produce ~e original warrant or the transfer Or responsi~ility. They are allowed ~e n~ working ~at they must provide at the time of transfer is an occurrence repo~ detailing th~ precipitating incident and/or reasons for t~ansfer, any reco~ended sacurity precautions and ~o~ behavioral and medical problems. 6. The ne~ working day, it is our responsibility to notify Offender Classification and Transfer of all movement to and. from our unit ~der Section 24.2 (9). Sec~ion 52 (3) ~.C.S. Under Section' 52 (3) M.C.S. Act a young offender being held in open custody under P.O.A. cmn be transferred to secure custody. This would occur in cases where ~e director of ~e Open Custody residence had conce~s about the Young Offender's security and safety. PROCED~E The' director the open custody facility would call the Provincial Director or Superintendent - Sault Ste. Marie Jail to make arrangements for the transfer and the Superintendent would then notify Doc~entation re~ired would be: (1) Original P.O.A. warrant (2) Occurrence repo~ (3) A statement indicating what section of the act is being invoked (e.g. 52(3) MCS.). This is a sentence under P.O.A., full earned remission and pro rata fine calculations are implicit. 1  ,.__~ ("' APPEb'DiX '8' (' Ministry of Legal Services Branch Room 228 Telephone: (416) 325-9393 Frost Building South Fax: (416) 325-9404 the Attorney Management Board O.~e,~s Park General Secretariat Toronto, Ontario M7A 1Z5 Ministbre Direction des services juridiques Bureau 228 T~i~phene: (416) 32519393 Edifice Frosl sud Tblt~copieur: (416) 325-9404 du Procureur Secretariat du Queen's Park gbnpral Conseil de gestion Toronto (Ontario) M7A 1Z5 Sanuary 12, 1993 Direct Line: 325-9396 Joan Shirlow Registrar RECEIVED Grievance Settlement Board Suite 2100 180 Dundas Street West Toronto, Ontario M5G 17.8 CROWN EMPLOYEES GRIEVANCE SETTLEMENT Dear Ms. Shklow BOARD Subject: OPSEU (Sullivan) and Ministry of Correctional Services GSB file no. 2889/91 · Further to the hearing into the above matter, held on January 12, 1991 I am forwarding this letter to your anention to provide the Vice-Chairperson, Mr. Gorsky with certain information which he requested. By copy of this letter I am also providing the same information to Mr, Yearwood of the OPSEU who acted for the grievor in this matter. I would appreciate your cooperation in forwarding this letter to Mr. Gorsky as well as providing copies to the other members of the panel Mr. Montrose and Mr. Seymour. The contents of exhibit 8, which were rendered illegible by the photocopying process are as follows: "A concern was raised with regards to Correctional Officers having to restrain young offenders outside the City Jail Facility and the application for potential violence. An incident occured which may have put a correctional officer in danger while attempting to remove a young offender from a residential group home. Since the incident occured some policy and procedures have changed eg, approach house from from door and and it is also the correctional officers option to call the local Police Department for appropriate back up if the situation warrants. Management encourages the use of the local Police Department at the Correctional Officers discretion. Sect, '23. Right to Refuse Work Correctional Officer do not have the right to refuse work as dictated in sect. 23 (1) (a) and Co). However management must take reasonable precautions to protect workers. As (I cannot decipher this word) it's reasonable for the correctional officer to have the police department as back up ff needed. Reminder to post a copy of the report in .the workplace." The above is the most accurate rendering I am capable of given the state of the photocopies. I am also not able to find a better copy from which to make a transcription. Please contact me if you have any problems with this request or il the panel has any problems. Thank you for your cooperation. Yours truly, ~... Counsel cC. Lester Yearwood Jude Lake