HomeMy WebLinkAbout1996-2065.Farrell.97-12-05 Decision
OfoffARlO EMPLOYES DE LA COURONNE
CROWN EMPlOYEES DE L'ONTARIO
1111 GRIEVANCE COMMISSION DE
SEITLEMENT REGLEMENT
BOARD DES GRIEFS
,aD DUNDAS STREET WEST, SUITE 600, TORONTO ON M5G ,Za TELEPHONEITELEPHONE (418) 328-1388
180, RUE DUNDAS OUEST, BUREAU 800, TORONTO (ON) M5G ,Z8 FACSIMILEITELECOPIE (418) 32tJ-13~
GSB 11 2065/96
OPSEU # 96A623
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Farrell)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General &
Correctional Services)
Employer
BEFORE: S. Kaufman Vice-Chair
FOR THE L. Harmer
UNION Counsel
Gowling, strathy & Henderson
Barristers & Solicitors
FOR THE A Gulbinski
EMPLOYER Staff Relations Officer
Ministry of the Solicitor General &
Correctional Services
HEARING December 4, 5, 1997
~
BOARD ORDER
Attached is a Memorandum of settlement that the parties
agreed would be made an Order of the Board.
DATED at Toronto, this 5th day of December, 1997
"- ;L'~' c_~ ~ --"-.. ------
s. Kaufman, Vice-Chair
L
~ Ministry pI
( 'if? Correctional Memorandum of Settlement
Services
Ontano
IN THE MA ITER OF THE GRIEVANCE OF
wna I d FQ r rei (_
Name
Co v-r .ecJ1 OVl etA 0 Hi cc\" 2 /~uH-~tc tVk:,ulC SQt I
Class"icationIWork Location
G.S.B. FILE ].Oo5/~ tnate and Subject of Grievance TIt ~ t)<\ l 6 S;~ - ~ I b J qq b
BETWEE~ ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(The Union)
-AND-
THt= CROWN IN RIGHT OF ONTARIO
(Ministry of Correctional Services) (The Ministry)
The parties agree to the full and final settlement of the above-noted grievance
without precedent and without prejudice to any future and/or similar matter on the following terms.
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W Mif'tiSlrY ot
W CorrectIOnal
ServICes Adult Institutions
)'\liIllO Suble.:t Numoer
Policy and Procedures ADI 02 03 01
SeCllon i Oate
Employees IApril 1992
Subletl Pag_
,
Institutional Employees 70t10
-- ~
Regional directors may authorize reimbursement for claims up to $300.00 'provlded the
circumstances are well-documented and satisfactory receipts are submitted as proof of
payment by the employee involved.
; ~;/..-"
Claims for damages in excess of $300.00 shall be forwarded to the assistant deputy
minister, Operations Division, with full details and the recommendation of the regional
director ~
~~ -
-,....
It should be noted that the Workers' Compensation Board will usually pay for repairs
or replacements of Martific;iaJ-appttanees. like spectacles, dentures or hearIng aids
which are damaged or---destroyed in the course of an employee's duties.
/'" /
To minimize ~eed to reimburse employees for damage or replacement of persona'
property, perintendents shall ensure that, wherever possible, equipment used in the
ope~~n of the institution Is ministry property and not the personal property of
emp oyees.
Pa)'ment of le9al Fees
The ministry may reimburse employees for legal costs paid to private counsel where
the conduct, which is the subject of a criminal or civil proceeding, occurred while the
employee was on duty. Payment shall be subject to the following conditions:
a) the emplo~ee shall obtain the written approval of the appropriate executive
manager see .Oelegatlons of Authority", ADI 020301) and the director, Legal
Services, prior to retaining private sector counsel,
b) approval will be limited to an hourly fee which shall be determined from time-to-
time by the deputy minister in consultation with the director, Legal Services, and
c) payment will only be authorized where the legal account is presented to the
ministry in the form and manner prescribed in the OntariO Legal Aid Plan.
Reimbursement is not an employee right but is subject to the review of the deputy
minister or deSIgnate After the review has been completed and in the deputy
minister's sole discretion, payment may be authorized in total or in part or may be
denied.
Inmate-Assault--on--EmplOyee
.-
When an employee is assaulted by an inmate, the ,iOfor=naij1fereported
immediately to the shift supervisor v(boshatr, in t.urnrno the superintendent. A
"Misconduct Report" (fOrmJlO,-=)-shatf15e completed and also "Occurrence
Reports" ~II-e oyee witnesses to the incident.
@ Ministry of ~muJ.-z l.~
W CorrlCtlonal
o Servlc,s Adult Institutions Subject Number
"larlO
~~ PoliCY and Procedures ADI 02 04 01
,. ! SeCtion Datv
Employees April 1992
Subject I Page
l
Staff Training and Development \1 of 5
'pOUCV
Employees shall be provided with training opportunities which are consistent with the
requirements of their respective job Classifications. The training shall be of sufficient
duration. frequency and scope to enable employees to perform their assigned tasks
knowledgeably and effectively.
AUTHORITY
Re~ulatjOn 649 under the Ministry of Correctional Services Act. section 2, ref. "Duties
of uperintendent"
Regulation 881 under the Public Service Act, sections 22 .. 30, ref. .Staff Development"
PROCEDURES
Because of the highly specialized nature of correctional work. the Ministry of
Correctional Services offers, through both intema! and external staff training and
development activities, core curricula which are vital to the provision of well-trained
personnel.
Correctional officer training. for example. is designed to ensure a fundamental
understanding of the ministry's operations, the dynamics of the institutional
environment and essential offender management strategies. Other initiatives based on
the ministry's long term corporate directions have resulted in training activities relating
to human rights. freedom of information and protection of privacy, workplace health
and safety, and multicultural services.
Staff training services are provided through various mechanisms. Staff Training and
Development provides direct training to staff, training to trainers. and coordination of
training adiVities offered elsewhere, whether in the ministry. the government or the
private sedor Training is aJso available to staff at their focal workplaces and is
coordinated by institutional training officers in consultation with Staff Training and
Development and regional personnel.
Staff !Jbrary Services
A central staff library is available at head office in North Bay and employees are
encouraged to use its resources and services as much as possible. Employees may
contact the library directly or via the staff of their institutional library
More detailed information relating to staff library services is contained in the Ubrary
Services Policy and Procedures manual, which is currently being updated.
@ Ministry 01
W Correctional
o I Services Adult Institution. $uo,.ct Number
n arlo
Policy and ProcQdures ADI 02 04 01 e'\
~tction IOate ~T: J
Employees I April 1992
;
Subjecl Page
Staff Training and Development 2 of 5
Institu11onalI!:lln!OO Oftlc~r
In consultation with the superintendent or designate, Staff Training and Development
and the regional program co-ordinator. the institutionaJ training officer or the employee
designated to perform this function shall be responsible for ensuring that training
programs for institutional staff conform to this policy
New Employees
All new employees. including unclassified employees, shall receive orientation training
or an orientation package prior to independent assignment to a position. The
information shall include:
a) an overview of the ministry's mandate, organization, objectives and programs;
b) notification of the ministry's policies on human rights, workplace discrimination ..
and harassment :>revention, freedom of information and protection of privacy ;,
and occupationa health and safety;
c) familiarization with the institution, including its physical plant, organization,
polJcies, procedures, programs and security requirements.
d) employee rights, responsibilities and prohibitions,
e) all policies and procedures applicable to the employee's job description,
Induding procedures relatlng to communicable diseases and the Workplace
Hazardous Materials Information System (WHMIS), and
f) the authority, accountability and responsibilities associated with the employee's
position.
Ongoing Training
Correctional Officers shall receive ongoing training which shall include"
a) security procedures;
b) supervision of inmates, including those with special needs,
c) use of force, including self-defence. mechanical restraints and chemical agents,
communication, report writing and interpersona! relations, ;
d} ...........,
e) correctional theories, philosophy and legal framework;
@ MinIstry of
~ Correctional
On SeMces Adult Institutions ' SubiK1 Number
larlQ
r~~"", Policy and Procedures I ADI 02 04 01
1 Section Oate
Employees Aprfl1gg2
Subletl I
I Page
Staff Training and Development 3 of 5
f) inmate rules, regulations, rights and responsibilities;
g) fire, emergency and health and safety procedures, including respiratory
protection; and
h} first aid and cardiopulmonary resuscitation (CPA).
Depending on the exact nature of their duties, employees receiving Custodial
Responsibility Allowance shall also receive relevant portions of the training provided to
correctional officers.
Administrative and mana$lerial personnel shall receive ongoing training drawn from
relevant training elements hsted above and also.
a) administration, budget analysis and management strategies.
b) ministry personnel and financial policy;
c) labour law and legislation;
d) labour relations and relevant agreements,
e) the criminal justice system; and
f) public relations.
professional, clerical and support personnel with daily inmate contact shall
receive ongoing training drawn from the relevant training elements listed above and
also
a) security procedures and inmate discipline,
b) emergency procedures, including fire, escapes and the taking of hostages, and
c) orQanizationaJ relatIonships and their relation to ministry and institutional
objectives.
Clerical and support personnel with minimal or no inmate contact shall receive
ongoing training drawn from the relevant training elements listed above and also:
i a) organization of the ministry and institution,
'0_1
b) institutional programs;
~ Ministry of
~ Correctlon81
o Services Adult Institutions I $ubltd Number
nlano
pOlicy and Procedures I ADI 02 04 01
'Cate ~
Section .,' I
.:.
Employ... April 1992
Sub/tct Page
Staff Training and Development 4 of 5
c) local and ministry regulations:
d) task-oriented training relating to the employee's position; and
e) basic security and fire evacuation procedures.
Part-time employees shall receive ongoing training that is appro ,riate to the needs of
the institution and necessary for the employee to maintain a satJs adory Jeve! of work
performance. The amount and type of training shall be decided by the institutional
training officer in consultation with the eJ:Tlployee's supervisor and the re~ional
program co.ordinator and shall take into consideration the frequency of Inmate
contact, program responsibility and prior experience.
,Becords
Institutional staff training records shall be maintained by the institutional training officer
or designated employee. A separate record shall be established for each employee
and shall contain:
a) employee1s name;
b) employment category and position,
c) date of employment:
d) annual training required; and
e) a chronological list of training received to date.
ReView
Employee training records shall be reviewed semi-annuaily by the Institutional training
officer with the superintendent or designate for the purpose of establishing a proposed
training plan for each employee. Proposed training plans shall then be discussed with
employees during the regular performance, planning and review process, resulting in a
formaliZed plan of training to be accomplished, if possible, by each employee during
the following calendar year
Note:
Information relating to performance, planning and review and training courses for -
W Ministry of
W Correctional
o ServiCes Adult Institutions .......
I"ttar,o Sublet1 Number
...:', Policy and Procedures : ADI 02 04 01
I
,- Section ,OalO
Employees I April 1992
I
S"Oleet : Page
Staff Training and Development 5 of 5
institutional staff is included in the nnef P Ii n ur manual (PER 09
01 and 02). Information relating to educational leave and or assistance is included in
the ..Manual o~ Policy and Procedures for Edueational Leave and/or Assistance.
While the above text outlines general training directions and some procedures, the
reader ShQuld refer to the various training manuals prepared by Staff Training and
Development for more detailed and specific information about training curricula.
-,
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