HomeMy WebLinkAbout2005-1443.Tardiel et al.08-08-11 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement Board
des employés de la
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 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB#2005-1443
UNION#2005-0530-0022
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
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREChristopher J. Albertyn Vice-Chair
FOR THE UNIONDavid Wright, Ryder Wright Blair &
Holmes LLP, Barristers & Solicitors
Eric del Junco, Barrister and Solicitor
Donald McLeod, The McLeod Group,
Barristers and Solicitors
FOR THE EMPLOYER
Lisa Compagnone
Counsel
Ministry of Government Services
HEARING
July 21, July 23, July 24, July 25, July 28,
July 29, July 30, 2008, July 31, August 1,
2008.
Decision
Pursuant to the third part of the mediation-arbitration process described in previous decisions,
pursuant to agreements reached between the parties on the following objectives or as required by
me, and in order to ensure, on an ongoing basis, that the work environment is fair, respectful,
efficient, and free from discrimination and harassment, I direct that the parties commit
themselves to the following objectives and to seriously consider the following proposed plans of
action to achieve these objectives:
NewOldObjectives and Action Plans
No.No.
1.18The agreements reached by the parties in this process and the
objectives determined should be published within the Toronto Jail
Action Plan:
The Superintendent will issue a memorandum to staff
-
informing them of the GSB decision to follow containing these
objectives.
Management will issue to each staff member working at the
-
Toronto Jail a copy of the GSB decision incorporating these
objectives.
For those not working in the Toronto Jail, the employer will
-
send the document to the employee via registered mail and via
regular mail.
2.19The agreements reached in this process and the objectives
determined should be properly supervised and implemented,and
adequately resourced
Action Plans:
1.A coordinating committee is appointed consisting of
Superintendent Small, Jeff Dvorak, and Mark Brewster (?the
Coordinating Committee?). Their task is to ensure that the
objectives and action plans arising from these objectives are
properly completed by those assigned the various tasks.
2.A further meeting will take place of 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.
3.On May 13 and 14, 2009, a full review of these objectives, the
action plans, and their realization will take place.
4.The Coordinating Committee will 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
2
assigned, and the date by which the tasks are to be completed.
5.The Coordinating Committee will stipulate responsibilities for
completing all of the tasks by a specified date.
6.The Coordinating Committee will 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.
Union Management Collaboration
3.
Management should commit itself to confer with the union at an
4.1
early stage and on an ongoing basis thereafter through to the
implementation and to seriously consider the unions views on all
import ant issues affecting the Toronto Jail, including any Ministry
or institution-specific initiatives involving racism, as well as any
response to significant issues that arise during the course of
operations
Management and the Union should provide sufficient resources to
5.3
the joint conferring as described so that the participants may engage
in it in a knowledgeable and effective manner
6.4The Employer should fully disclose to the Union all initiatives that it
has undertaken, or for which it has plans, concerning discrimination,
harassment, bullying, racism, and workplace transformation
Management and the Union should commit to supporting and
7.5
strengthening the SAROCC process in the workplace
The parties should recognize that both the union and management
8.6
have the discretion to convene joint-committee meetings of any of the
existing union-management committees at the Toronto Jail
9.7A monthly meeting should take place between the Superintendent,
the Local OPSEU President, and the OPSEU Local SAROCC Co-
Chair to discuss all unresolved issues relating to racism sexism and
sexual orientation in the workplace and to attempt reach consensus
as to how they are to be treated. Should the composition of this
committee cease to serve its purpose either party may request its
review.
-If there is no consensus as to how an issue is to be dealt
with, a meeting should take place within 14 days between
the Superintendent, the Regional Director, the Director of
Human Rights & Organizational Change, the MERC
Ministry Co-Chair, and the Provincial SAROCC Ministry
Co-Chair on the one part; and, the Local Union President,
the OPSEU Co-Chair of the local SAROCC, the local
Health and Safety Co-Chair, a representative of the
OPSEU MERC, a representative of Provincial OPSEU,
and a representative of the Provincial SAROCC to further
discuss and attempt to resolve the issues.
- Until December 31, 2008, a fourth and fifth individual,
employed and working at the Toronto Jail, one selected by
Group A, and one selected by Group B should attend these
meetings.
3
-These meetings should not serve as the basis of delay in
expeditiously dealing with issues, and shall not serve to
abridge any timelines in respect of investigative or
grievance processes.
-There should be a written record of both kinds of
meetings recording the issues involved, any decisions
reached, and any issues remaining unresolved, and copies
of the minutes should be provided by the Superintendent
to Vice-Chair Albertyn within 7 days of the meeting being
held.
10.8The determination and implementation of these objectives should
constitute resolution of all systemic issues at the Toronto Jail raised
by any of the grievances encompassed by this process
Those individual grievors who have not yet returned to the
11.9
workplace should during the period agreed between the parties, with
both the Employer and Union representatives, to address any
outstanding return to work issues
The parties should agree that they have canvassed and considered
12.10
human rights issues in this process
13.11The division in the Local should be examined
14.12There should be a process of communication between senior
management, OMs and the bargaining agents regarding day-to-day
issues, subject to equal union/management representation
Subject to entitlements under CECBA, the parties should implement
15.13
agreements reached under this process, despite any collective
bargaining disputes
The SAROCC Steering Committee should consider ways in which
16.14
the local SAROCC at the Toronto Jail can be made more
accountable and more accessible to the bargaining unit, while
maintaining its character as reflective of the diversity in the
workplace
17.15There should be an active, vibrant, and fully resourced Local
SAROCC at the Toronto Jail operating in accordance with the
provincial Terms of Reference
The Local President, or nominee, should participate in the local
18.16
SAROCC
The objectives agreed and determined in this process should be
19.17
periodically reviewed
Hospitable Workplace
20.20Management, in conjunction with the Union, should issue a
Statement of Respect, with 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
Staff should act honestly, professionally, and within the law at all
21.23
times and should report all serious, unprofessional, and illegal acts
they witness, and management and union should provide full
4
protections against reprisals for any persons who comply with this
obligation
It should be understood that reporting someone who has done
22.24
something wrong does not make them ?a rat?
Discriminatory or racist conduct should be treated as a serious
23.25
offence and should be subject to discipline up to and including
discharge. Racist conduct should be considered a significant
aggravating factor in assessing the degree of discipline
All parties should be respectful to one another ? acknowledge and
24.27
appreciate human rights issues, and hold one another accountable,
especially in the area of human rights
25.28All staff should acknowledge that all races have been victims of
racism or discrimination based on race
26.29All Staff should not use terms which are derogatory, stereotypical,
insulting or racist, such as ?redneck,? ?cracker?, ?bitch,? ?nigger?,
etc.
27.30All parties should build shared workplace values recognizing the
diverse workforce at Toronto Jail
28.31All parties should commit to an understanding of shared and
acceptable workplace behaviours
All workplace constituencies at the Toronto Jail should cooperate
29.32
and take responsibility for restoring the workplace
30.33All employees of Correctional Services should not:
a.Engage in generating propaganda and/or other forms of
behaviour motivated by hate or bias which can/may be
construed as having the effect of marginalizing individuals
based on race, gender and/or sexual orientation;
b.Commit any act of vandalism that causes damage to
individual property or to property located on the premises of
the institution;
c.Engage in harassment as it is defined under the OHRC
inclusive of race, gender and/or sexual orientation;
d.Engage, participate, and/or encourage others (staff or
inmates) to inflict harm and/or poison the workplace;
e.Engage in discreditable conduct and/or insubordination at
any level;
f.Be an active or visible member or affiliate with any
organization that promotes hate;
g.Use insulting terms in the Toronto Jail
h.Display on their lockers, or any area of the workplace, any
recognized hate propaganda (e.g., confederate flag, swastika,
5
KKK, etc.)
All parties should commit to the implementation of a plan for a safe
31.34
and secure work environment at the Toronto Jail
All parties should foster and contribute to a workplace that is
32.35
welcoming to a diverse workforce at the Toronto Jail
The Employer should focus on bringing professionalism to the
33.36
correctional officer profession
Staff should not presume guilt and should presume innocence
34.37
35.38The accomplishments of employees should be more frequently
recognized on paper
Subject to the authority of the OPS, management should take steps
36.39
to reform the PDP
37.40Efforts should be made for retention of newly appointed OMs and
COs
38.41Scheduling should be done in accordance with the scheduling rules
39.42There should be recreational events paid for by the Employer
40.43All Union local members should try to attend events sponsored by
the local SAROCC
Hospitable Workplace Committee Proposed Action Plan
Objective 20: Management, in conjunction with the Union, should
issue a Statement of Respect with 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.
Action Plan
The content of the Statement should be developed and written in
collaboration by the Local President and the Superintendent.
The completed Statement should be presented to the committee
for approval by August 21, 2008.
The Minister, Smoky Thomas, the Superintendent and the Local
President should sign off on the Statement at a gathering at the
Toronto Jail at a date to be coordinated. The gathering will be
facilitated by the Local SAROCC.
The content of the Statement will include an assertion regarding
general respect issues, harassment, bullying, racism and other
forms of discrimination, as well as the expectation that staff will
conduct themselves in accordance with what is written in the
statement.
The Statement should be read at muster for 10 days after it has
been signed off on, and then every 90 days by a member of
management.
The Statement 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.
A copy of Statement should be put in mailbox of each staff
member and included in the local standards of operation.
The Statement should be read at all department meetings and on
6
each agenda for all departments.
Objectives 40 & 38: Efforts should be made for retention of newly
appointed OMs and COs.
Action Plan
Explicit disincentives for working at the Toronto Jail should be
removed:
Paid parking
o
Lack of handcuffs.
o
Outstanding contributions to and accomplishments in the Toronto
Jail should be frequently recognized by management.
The work environment in the jail should be improved:
Staffing should be increased.
o
There should be a focus on increasing professionalism at
o
the Toronto Jail.
There should be the development of meaningful staff run
committees in the Toronto Jail.
There should be improvements to amenities for COs:
Access to more telephones and computers
o
Free coffee and/or water
o
There should be a report to the union with regard to the newly
improved training facilities.
Mentoring and coaching programs for or all new employees
should be formalized. Mentors should go through an appropriate
screening and matching process in order to ensure experienced
and well-qualified mentors. Mentoring should also be tied to
hands-on supervision. Mentors should provide confidential
performance feedback to their mentees.
The mentoring program will be used as an incentive for new COs
to remain in the Toronto Jail.
A committee will be constituted that will continually look at
different avenues for coming up with ways to better the work
environment for all staff.
Objective 36: The Employer should focus on bringing professionalism
to the profession.
Action Plan
There should be a proper set of standing orders established.
Management should encourage and provide professional training
to employees where appropriate.
Management should encourage and recognized proper
managerial training where appropriate.
There should be close supervision and consistent enforcement of
all employment and inmate rules by staff.
Formalized training should be provided to OMs when they are
first promoted. This training should include mentoring and
coaching.
Employees should work at their assigned posts unless there is a
valid and documented reason for a change in that post. Personal
7
conflicts should not constitute a valid reason for transfer.
Officers should dress in a professional manner as constituted by
the standing orders, and such dress and deportment should be
strictly enforced by management.
Objectives 24, 27 & 37:
Action Plan
Reporting wrongdoings and assuming innocence should be
addressed in human rights and diversity training and education
sessions through a special component which addresses these
issues. During this training it should be emphasized to employees
that reporting rule breaking enhances the safety of co-workers.
Proper direct supervision and management would help identify
problem areas before they actually become problems. Thus,
management should review the staffing model with a view to
enhancing onsite supervision.
Management should review the Statement of Ethics to make sure
that it reflects these issues. In addition, the Statement should be
posted throughout the Jail.
Proper judgement should be exercised by an employee when
reporting rule breaking, and by management when considering a
report of rule breaking.
There should be a ?no reprisal statement? emphasizing that when
there is bona fide information regarding an incident reported
there will be no reprisal from any employee against the individual
who has done the reporting.
Management should ensure that all incidents of wrongdoing
should be investigated and resolved as expeditiously as possible.
Issue 34:
Action Plan
Management will continue to implement the action plan that was
established following the review of earlier security audits. The
action plan includes among other things the addition of metal
detectors, security cameras, handheld narcotic detectors, as well
as a review of security threat group management.
Overcapacity problems should be addressed by increasing
staffing levels in the Toronto Jail. The committee would like a
report back from management with regard to projected staffing
milestones and start dates for COs and OMs before December 1,
2008.
There is a commitment by management to ensure that the
Superintendent and his deputies are present at, and tour, the
Toronto Jail on a regular basis.
Issue 30:
Action Plan
The committee for workplace restoration will organize events at dates to
8
be determined which will allow employees to celebrate common interests
while simultaneously recognizing and learn about different cultures and
ethnicities.
Hate Mail
Management and the Union should ensure commitment to return to
41.45
work for any staff who want to return to work
The union-management hate letter protocol should be reviewed and
42.47
supplemented by a local protocol between union and management
The Ministry should continue to follow the various aspects of the
43.48
protocol currently in place with respect to the receipt of hate mail
and the support of victims with the following amendments: better
tracking the letter with the police, including the time it takes the
recipient to see the letter, and ensure that people named and
implicated by reference are advised in a timely way subject formal
police investigatory requirements
44.50The following procedure should apply upon the receipt of any future
hate mail:
The existing protocol for handling the suspicious letter
is maintained;
The Superintendent should meet with Union and the
OED representatives, the addressee(s) (and those
referred to) and such union representation as they
require present for the purposes of attending to their
personal needs and of arranging a workplace protocol
to try to ensure the continued employment of the
employee at the Toronto Jail.
45.51The Superintendent should confer with the Coordinating Committee
to explore the appropriate further investigation of the hate crime
letters
The parties should explore ways to personally support those who
46.52
receive hate letters and to reduce the impact of such letters in the
Toronto Jail
Where appropriate, management should suspend the placement on,
47.53
or progression through the attendance support program of any staff
member who is a letter recipient and/or victim of racism or
discrimination at the Toronto Jail
-Proposed Action Plan- 47
-OED will convene a committee comprising representatives from
each party (MERC, Local Union Executive, the Superintendent,
Deputy Superintendent Operations, Security Manager, two letter
recipient representatives, and the police.
-This committee will review and establish a local hate-letter
protocol.
-This should be done within thirty days of the order being issued
Vice Chair.
Proposed Action Plan- 45
-Management and union commits to engaging in a plan to
maintain a harmonious and inclusive workplace through team
9
building exercises, and workplace promotion, reinforcement of
policies and procedures (WDHP and the Ontario Human Rights
Code) and this is to be an ongoing initiative.
Proposed Action Plan - 52
Each person at risk is to have a specific protocol to fit individual needs.
Both parties should ensure that the local protocol includes an initial
response with support for any recipient, preservation of evidence, and
competent investigation that contains a communication plan.
Recruitment and Promotion
All parties should support equitable and fair developmental growth
48.54
opportunities
All staff should promote the Toronto Jail as a positive work
49.55
environment
50.56COs should be prepared to speak at Ontario Correctional Services
College to promote working at the Toronto Jail
The parties should explore ways of promoting the image of its
51.57
officers
OMs should have input into the promotion process
52.59
53.60Correctional Services should keep the parties informed of steps it is
taking, and progress being achieved, regarding the recruitment of
aboriginal and racialized employees
Correctional Services should make every effort to ensure that all
54.61
levels of the employee body are reflective of the community
population
55.62The parties should explore removing financial barriers, particularly
training costs, to individuals working in Correctional Services
56.63The parties should explore methods of attracting and retaining staff
at the Toronto Jail
57.64Management should provide unsuccessful promotion applicants with
feedback on request
58.65The recruitment process should include proper background checks
and reference checks, as well as psychological checks
59.66The parties should discuss the following pre-screening proposal:
The Pre-screening process should include:
a.A requirement for candidates to complete a background
questionnaire including questions about affiliation with
hate related organizations;
b.Questions designed to test tolerance on racial and other
prohibited grounds of discrimination;
c.A requirement that candidates provide references to
verify the accuracy of the answers provided in response to
the above questions;
10
d.A complete and thorough electronic search to determine if
there is information available on the internet disclosing
involvement of the candidate in hate related activities,
including a requirement that the candidate disclose
whether they belong to social networking sites and a
search of any such sites;
e.A requirement that candidates disclose whether or not
they have any hate related body art;
f.A hiring panel should be comprised of anthropologists,
sociologists, and non-Ministry representatives, and
racialized persons, reflective of gender and racial
diversity, and of the community they?re trying to hire in;
g.Pre screening of questions and preferred responses to
ensure they?re representative of diversity.
60.68There should be clear guidelines regarding who gets promoted
All hiring and promotion should be based on criteria relevant to the
61.69
performance of that function
Doing an acting assignment for long periods of time should be
62.71
presumptive proof of the ability to do the job when posted
Management should recruit mature officers with work and life
63.72
experience
The Employer should implement more stringent qualifications for
64.73
supervisors, including a minimum level of experience before a
managerial role can be taken on
65.75Management should develop a transparent succession planning
model & evaluate who in the workplace would be good candidates
for promotion
Succession planning should include the coach officer program to
66.76
keep experience in the institution
Persons going into Management should demonstrate an ability to
67.77
work in a diverse environment
There should be a learning plan and assessment for management and
68.78
staff to see whether they can do the job, including whether they can
act in a diverse environment
69.79Recognizing that certain employees have not applied for promotions
due to systemic racism, qualified employees should be encouraged to
make themselves available for promotional opportunities and
Management should ensure a fair and equitable process.
Management should actively recruit good candidates for all
70.80
management positions.
Recruitment and Promotion Proposed Action Plans
54 ? Parties ensure equitable and fair developmental growth
opportunities
All internal development opportunities should be read on line-up for
11
7 days prior to closing.
info should be available for staff on bulletin boards, emails, P-drive,
etc.
wording of the posting should reflect the spirit of equal opportunity
and encourage racialized persons to apply
ensure that all Department Heads are given the postings and are
made available to all the staff (i.e.: have them sign for receipt of posting)
Person Responsible: Superintendent
Time Frame: Within 15 days from Albertyn?s decision
55/56/57 ? Promoting the Image of Correctional Services
Initiate a poster drive to reflect diversity and all departments within
the Ministry (e.g.: representatives from health care, food services,
etc.)
Have public relations officers speak to people in the public eye (e.g.,
college/universities, law enforcement job fairs,
Candidates should have a high standard (e.g.: dress and deportment,
public speaking)
Staff who are appointed or elected should be provided ceremonial
dress
PR people should be able to speak at Bell Cairn to new recruits
Dress and deportment should be maintained to a high standard
Clothing requirements at a Provincial level should be more easily
available for staff (e.g.: have a minimum amount of clothing available at
the Institution)
Persons Responsible:
OED Department
MERC or Local LERC
Compliance Manager
Time Frame: 3 months
59 ? OMs should have input into the promotion process
Action plan subject to review of the PDP process and clear cut
guidelines on how to assess performance.
Superintendent should consult OMs on persons they feel would be
good for promotion
Persons Responsible:
PDP Process (Senior Mgmt)
Superintendent
Time Frame: 6 months
65 ? The Recruitment process
Pending the outcome of employment systems review, 3 points should
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be included:
1)Background checks, including a mandatory CPIC done a
credible police organization
2)Reference checks to be done in a formal account of the
reference check psychological checks to be done by an
accredited organization
72- Management should recruit mature officers with work and life
experience
Post recruitment posters in areas where unemployment or
unemployed workers are expected (e.g.: GM plant closings, etc.) to
make work and life experience a high percentage on entrance testing
marking scheme
Subject to OPS guidelines and collective bargaining agreements
Persons Responsible:
OED
Discussions at CBA
Time Frame:
12 months
75 ? Management should develop a transparent succession planning
model & evaluate who in the workplace would be good candidates for
promotion
CO3 should be the first level of promotion
There should be a method of blind-testing ? where a number would
be issued instead of a name to prevent favouritism, racism, sexism,
etc.
Persons Responsible:
Senior Union Mgmt
Superintendent
Time Frame:
6 months
2 months
79 ? Encourage racialized, qualified employees for promotional
opportunities / Mgmt should ensure a fair and equitable process
Job postings should include statement of encouragement for
racialized and aboriginal employees to apply for a position
Persons Responsible:
Superintendent
Time Frame:
2 weeks
80 ? Management should actively recruit good candidates for all
management positions
Conduct review of staff files and performance and made a concerted
effort to speak to individuals to encourage them to apply
13
Persons Responsible:
Superintendent / Deputy Superintendent of Operations
Time Frame: 1 month
Orientation and Training
There should be additional training specific to the Toronto Jail
71.85
72.86The parties should discuss the proposal that at the Toronto Jail for
newly confirmed OM16s should go outside of the Jail for 6 months to
ensure they have a balanced perspective
A formal mentorship program should be implemented
73.87
74.88The Employer should ensure that there is a formal selection process
for coach officers
75.89The Union should be permitted to address employees new to the
workplace
76.90There should be regular formal evaluations for all staff
Management level training should be given to OMs as soon as they
77.91
are promoted
There should be an ongoing assessment of the strengths and
78.92
weaknesses of new OMs
There should be a specific section in orientation addressing
79.93
harassment, bullying and discrimination
Management should ensure that its managers further develop and
80.94
enhance competencies in managing a multi-racial and diverse
workforce at the Toronto Jail
81.95All managers up to and including Superintendants should receive
specific hate incident training
Management should ensure that all managers at the Toronto Jail
82.96
receive human rights training on a regular basis
83.97Management should ensure that all employees at the Toronto Jail
receive human rights training on a regular basis
84.98All staff should receive appropriate anti-hate and Human Rights
training
The Union should make available to its stewards at the Toronto Jail
85.99
human rights education on a regular basis
There should be mandatory training for all staff in the WDHP
86.100
process
WDHP Training should deal consistently with all racist language
87.101
88.102All 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
89.103Managers should receive specific diversity training that is updated
regularly
90.104There should diversity training at the outset of training to become a
CO
91.105All parties should ensure joint union-management conflict resolution
? ADR training at Toronto Jail.
Joint training for union-management reps at Toronto Jail
14
Management training for management at Toronto Jail
All Toronto Jail employees receive conflict resolution training
by external consultant-trainer determined by joint union-
management
There should be better leadership, conflict resolution and collective
92.106
agreement training for all management
Employees should be educated about the Statement of Ethical
93.107
Principles.
Orientation and Training- Proposed Action Plans
C.O. ORIENTATION 85/87/88/92/107
Review what is currently present in Bell Cairn orientation and Toronto
Jail training package
What can be kept and utilized?
What needs to be amended and added?
Further Ideas of Action:
Workbooks issued at orientation to be completed and signed by
mentor and manager
? outlined details of all work and duties of Toronto Jail employees.
4 weeks of site-specific training
st
1 week: Orientation.
Speakers: union LEC/president
Health & Safety Representative
Mentor(s)
Institutional Training Manager
Finance Human Resources
(etc)
nd
2 week: Mentor & Shadow Together (not assignment)
- Physical layout of jail
- Introduce shadow to all areas of the jail (ie) finance personal,
healthcare, records, maintenance, kitchen, all musters.
This will lessen the apprehension of shadow.
rdth
3 & 4 weeks:
Shadow observes mentor on line
ndrd
75% of time to be spent on 2 &3 floor as much as possible.
Observe: 4A; 5A; 5C; programs; 1C; A&D; video court ? but
most time on 2&3.
Mentor to review and evaluate shadow performance
During Orientation
The ITM delivers the Statement of Ethical Principles; and it should
be read every day for the week of orientation.
st
The 1 page of each module should be the Statement of Ethical
principles.
Have the General Duty Manager discuss the importance of dress and
deportment.
Each speaker during orientation should lead by example for dress
and deportment.
Standards for Mentors
15
Minimum of 5 years service
File review
Interview (conducted by local LEC member & ITM)
Should be actively recruited by management
Persons Responsible:
Ms. P. Jones
Mr. D. Ruttle
Ms. R. Samuels
Time Frame: End of September.
MANAGEMENT TRAINING 90/93/95/96/97/03/106
Review what is available through Bell Cairn and SSB (Shared
Services Bureau)
What courses are available?
Frequency of availability?
Review Acting Managers Training at the Toronto Jail
Following Acting Managers Training Acceptance:
Orientation of Toronto Jail responsibilities
Goal setting and booklet
This is information-based not testing
Include Information on: (not exclusive)
- WDHP
- Human rights training
- Conflict resolution
- Oath of confidentiality
- Leadership training
- Standing orders
- Collective agreement
Persons Responsible:
Ms. M. Briscoe
Ms. N. Nash
Confer with
Mr. Ruttle and
Ms. Jones
Time Frame: End of September 2008.
WDHP TRAINING & CONFLICT RESOLUTION 100/101/102
Review the PDP parameters and standardize the process
Ms. Faith Crocker (Staff Relations Coordinator) to work with
Senior Management Representative to create a more concrete system
of review.
Want the PDPs to be conducted by immediate Supervisor; someone
who oversees your performance
16
Have it as a structured annual system. Have a formal and
professional meeting where neither participant (manager &
employer) is responsible to another area. (i.e.) relief from duties.
Suggest semi-annual review for persons requiring further guidance.
Persons Responsible:
Ms. Faith Crocker
Time Frame: End of December 2008.
CONFLICT RESOLUTION TRAINING 105
This training is in the process of being implemented. Review the
pending training.
Local union and Superintendent to agree to training facilitators and
content
Persons Agreed:
Superintendent and the Local Union
Time Frame:
To be initiated by the end of 2008.
Operations
94.108Management should increase its accountability- workload issues,
heightened presence, direct supervision, and clearly articulated roles
and responsibilities
There should be reviews of all outstanding accommodations on a
95.109
regular basis
Management should ensure that there are adequate COs on each
96.110
shift to do the necessary work
Scheduling should be done so that the requirements of the work are
97.111
properly taken into account
Management should manage effectively and enforce all rules fairly
98.113
and consistently
The Employer should reinforce the reporting structure in that
99.116
employees should first go to their immediate supervisor if there is an
issue instead of jumping the chain of command, unless the issue
involves the immediate supervisor, or is a human rights issue
Upper management should provide appropriate respect and support
100.119
to the decisions that OMs make
All parties should take steps to improve communication at the
101.120
Toronto Jail so everyone has up-to-date information about the
workplace
All parties should ensure that Toronto Jail staff receive recognition
102.122
for contributions to promote diversity and respect for human rights
The Employer and OPSEU provincially should discuss the revival of
103.123
the CO3 position and keep the local parties informed
104.124Management should keep the parties informed of its review of the
supervisory structure
There should be general duty officers as back up
105.125
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There should be permanent hiring for all senior management
106.128
107.129Subject to management?s rights, there should be fair rotation of
acting positions drawn from a roster of qualified candidates
108.130Subject to operational requirements and management?s rights,
management should endeavour to restrict acting management
assignments to 6 months
A forum or advisory group should be created where OMs can meet
109.134
to ensure consistency among their peers so that OMs can take
concerns directly to the senior administration group
110.135The Ministry should continue to have a Superintendent at the
Toronto Jail who has not only decision-making ability, but also
decision-making authority under the same mandate.
The Deputy Super of Operations should play a more proactive role
111.136
in the jail and the competencies used to recruit for the position
should have an operational background. He or she should be
someone from the uniformed ranks who has a physical presence in
the jail.
Management should follow through and follow up with their
112.137
proposed actions
All parties should ensure consistency by enforcing institution rules at
113.138
all levels at all times (e.g. smoking rules)
The parties should clarify their respective rights, and
114.140
responsibilities, in relation to allegations made in the media
concerning the workplace
Proposed Action Plans- Operations
108/116
Increase accountability ? the Super will create or revise his
organizational plan ? roles and responsibility for each of the boxes. --
The OR Chart?will show the lines of authority.
Persons Responsible:
Superintendent ? will create for the Toronto Jail strict guidelines, roles
and responsibilities for each Dept and Dept Head, with the
organizational chart starting at the top with the Superintendent down to
the COs.
Time Frame: 90 days
119/134
Appropriate respect and support
Form an advisory group; The Superintendent will develop a formal
meeting process for OMs. The OMs be given time to meet, discuss
their issues
Persons Responsible: Superintendent and OMs
Time Frame: On-going
Bi-monthly
137
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Follow through and follow up
Action Items: OMs group is relatively small ? give them their monthly
time to address their issues
Persons Responsible:
Superintendent
Time Frame:
Ongoing
113
Effectively manage ? which rules are causing the greatest difficulty in the
inconsistency of following the rules. The OMs get together in their
meeting and decide as a group how they administer the rules
consistently. Also the ERs don?t follow the rules consistently. We want
the Super to review the standing orders from the OMs up to the Mgrs to
make themselves knowledgeable about the orders.
Persons Responsible: The Superintendent gives direction to all staff to
ensure the consistent application. They must lead by example.
Time Frame: Bring attention to it in 30 days ? they will have a concept of
how long it will take.
109
Superintendent will meet with local union to review accommodations and
their impact on staffing levels in the institution
Persons Responsible: Superintendent and the Local Union
Time Frame: Monthly
120
Need a concrete way to know ? provide a memo to each individual to
sign
Read it at muster for 10 days have it printed out and sign it.
The Superintendent will develop a communication strategy
Onus is on the manager to document that the CO received the
communication.
Persons Responsible:
Superintendent
Time Frame: 90 days
124
The Superintendent will report back every 60 days as to the status of the
review of the supervision model
Person Responsible:
Superintendent
Time Frame:
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60 days
122
Recognition
The Superintendent will establish a committee that will:
- Determine how staff will be nominated
- Promote the program
- Review submissions
- Select suitable recipients
- Organize an annual recognition event to be held off-site
Persons Responsible:
Superintendent
Time Frame: Annually
138
The Toronto Jail OM16s are to be encouraged by direction from the
Superintendent to use the opportunity of ?caucus time? provided in the
action plan for item 134 to endeavour to ensure consistency by enforcing
institution rules at all levels.
Persons Responsible: Superintendent
Time Frame: Monthly
Conflicts, Complaints, Investigations and Discipline
115.143All parties should strive for more transparency in discipline with due
regard to privacy rights and privilege
116.144The disciplinary powers of OMs should be clarified
All staff should recognize that if any reasonable and properly
117.146
promulgated rules, particularly related to human rights violations,
are broken at the Toronto Jail, the employee(s) concerned should be
appropriately disciplined
All staff should be advised of the disclosure of wrongdoings
118.147
provisions in the Public Service of Ontario Act (PSOA).
119.149All parties should take steps to expedite internal conflict resolution
120.150Management should clear up the backlog of WDHP complaints at
Toronto Jail as soon as possible
121.151All decisions as to whether a complaint raises a reasonable basis
under the WDHP Policy should be made by Senior Management in
consultation with the OED
122.152When a racist incident is alleged the manager to whose attention it is
brought should immediately file an incident report and the on call
manager should immediately initiate a preliminary internal fact-
finding
123.159All investigations concerning allegations of racism pursuant to the
WDHP Policy should currently be conducted by external
investigators who are properly trained and experienced in
investigations in the subject matter they are investigating.
124.172There should be penalties for knowingly false, malicious, frivolous or
vexatious WDHP allegations to effectively deter such allegations
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Subject to developments within the OPS regarding the WDHP, the
125.179
(A)parties should meet to consider the 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.
Action Plan:
1.Management will provide a written document by
August 31, 2008 in response to the proposals
concerning the WDHP.
2.The parties will meet by September 30, 2008 to
consider the outstanding proposals.
145.During the initial stages of a human rights conflict at the Toronto
Jail between bargaining unit members the union should review both sides
of the story, and provide representation in a way that advances restoration
of a harmonious workplace
148. Management should stop soliciting anonymous tips
153. The complainant and the manager should send an email to the
deputy superintendent and superintendent at the facility
154. The investigation should take place immediately, and should secure
all physical evidence
155. There should be a duty to cooperate with the investigation
156. The details of the investigation should be provided to the
superintendent
157. The Superintendent should levy the penalty, with notice to the
complainant as soon as it?s levied
158. There should be union input into the parameters of CISU
investigations
161. All WDHP investigations and the decisions in respect of discipline,
if any, should be completed within 60 days after they are filed
162. There should be short deadline for filing WDHP complaints, e.g., 24
hours
163. The steps above should completed within 48 hours of the incident
164. There should be quick decision on WDHP complaints within 30
days of complaint
165. Management should post the finding and disciplinary response in
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the jail without identifying the victim or the perpetrator
166. There should be immediate disclosure in WDHP complaints to the
accused of the name of complainant
167. There should be full written disclosure of allegations in WDHP
complaints with necessary details
168. Employees should be permitted to file complaints of bullying and
personal 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
169. The penalty for discipline based on racist conduct should be
announced at muster for 10 days and the information posted in every
department including the staff sign in area
170. There should be consequences for the Superintendent and other
management for failure to follow the above protocol
175. 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
177. Management should take steps to ensure that the anonymity of
employees who report wrongdoings are protected
178. All COs should cooperate fully with CISU if the investigation is fair
and unbiased
179.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
Safety
126.180The parties? should adhere to their respective rights and obligations
under the Occupational Health and Safety Act (OHSA), in particular
there should be no improper use of the work refusal entitlement, nor
any improper reprisal
Management should ensure that safety, including the right to work
127.181
in a workplace free from discrimination and harassment, is a
priority in the institution by enforcing the procedures and policies of
the institution
128.184Health and Safety orientation and training should be provided to
OMs
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I remain seized of the implementation of these objectives.
The mediation-arbitration process continues, as previously scheduled.
Dated at Toronto on August 11, 2008.
Christopher J. Albertyn
Vice-Chair
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