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HomeMy WebLinkAbout2005-1443.Tardiel et al.09-06-30 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 Group ?A? & ?B? 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 BEFOREVice-Chair Christopher J. Albertyn FOR THE UNION David 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 Melissa Nixon Ministry of Government Services Counsel HEARING May 11, 13 and 14, 2009. Decision 1)In a decision on August 11, 2008 a list of agreed objectives was described with some suggested actions to implement those objectives. That decision was qualified and refined in a decision on April 2, 2009. 2)As a consequence of further engagement by the parties to address systemic remedies in the workplace, the objectives and action plans for restoring the workplace at the Toronto Jail have now been determined. The Objectives of Principle are those set out in the April 2, 2009 decision. The Objectives Requiring Action are those set out below. Included for each prescribed action is the assigned responsibility and the date for completion of the action. 3)As stated below, Allyson Ayers has been appointed as a Deputy Superintendent of the Toronto Jail in accordance with her secondment agreement. Her role is to act as the agent of the Board within the institution to ensure the timely implementation of the actions set out in this decision. She will have all of the authority of a Deputy Superintendent in doing so. She will liaise with the Superintendent and the coordinating committee as she or the Superintendent considers necessary. 4)Ms. Ayers should report periodically of the implementation of this decision to the superintendent, the parties and to me. The parties should arrange for a review of the implementation at a hearing in November or December 2009. 5)To the extent that the action required under an objective involves the Employer reporting back to the Union, the Union reserves the right to pursue the issue that informs the objective if, in its view, the report it receives does not address its concern and I remain seized to deal with the matter. OBJECTIVES REQUIRING ACTION IN DECISION OF 6) AUGUST 11, 2008 TORONTO JAIL The following objectives require an action plan, with assigned responsibility and a due date for completion: 1. The agreements reached by the parties in this process and the objectives 1 determined should be published within the Toronto Jail. (1) ACTIONS ADOPTED: 1.1. The Superintendent will issue a memorandum to staff informing them of the GSB Decision to follow containing these objectives. DONE 1.2. Management will issue to each staff member working at the Toronto Jail a copy of the GSB decision incorporating these objectives. DONE 1 The original Objective number is referred to in brackets after the objective. -2 - 1.3. For those not working in the Toronto Jail, the employer will send the document to the employee via registered mail and via regular mail. DONE Responsibility: Superintendent. Completion Date: completed, and ongoing. 1.4. This has been added to the Orientation Training curriculum from September 2008 for new Correctional Officers by the Institutional Training Officer. While the report is being done of the decisions arising from this process, the Union will be permitted two representatives to be present during this session at the scheduled time slot (at least one of whom will be a representative cognizant of the lived experience of racialized employees, and both of whom are employed at the Toronto Jail), subject to the one-hour time limit. DONE and ongoing 1.5. This objective will eventually become historical. The coordinating committee will agree at what point this objective will no longer be needed, and what parts of it may be otherwise incorporated into orientation. Review Date: August 2010. Responsibility: the coordinating committee 2. The agreements reached in this process and the objectives determined should be properly supervised and implemented, and adequately resourced. (2) ACTIONS: 2.1. 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. DONE 2.2. 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. DONE: meeting held but tasks not completed; determining the actions required continuing beyond October 8, 2008. 2.3. On May 13 and 14, 2009, a full review of these objectives, the action plans, and their realization will take place. DONE 2.4. 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 assigned, and the date by which the tasks are to be completed. DONE. This action was completed on May 14, 2009. -3 - 2.5. The Coordinating Committee will stipulate responsibilities for completing all of the tasks by a specified date. DONE. This action was completed on May 14, 2009. 2.6. 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. DONE. This action was completed on May 14, 2009. 2.7. Any person assigned a task under these actions plans will do so during their paid working hours with sufficient time to accomplish the task. 2.8. Allyson Ayers will be appointed as a Deputy Superintendent of the Toronto Jail in accordance with her secondment agreement. Her role is to act as the agent of the Board within the institution to ensure the timely implementation of the actions set out in this decision. She will have all of the authority of a Deputy Superintendent in doing so. She will liaise with the Superintendent and the coordinating committee as she or the Superintendent considers necessary. 3. A 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 attempt to 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. (9) - 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. - 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. ONGOING, and as needed -4 - Employer Responsibility: The Superintendent Union Responsibility: Local President and Local SAROCC Co-Chair 4. Those individual grievors, who have not yet returned to the workplace, should meet, during the period agreed between the parties, with both the Employer and Union representatives, to address any outstanding return to work issues. (11) ACTION ADOPTED: This is ongoing. Counsel for the parties are scheduling the mediation of individual grievances by giving priority to those individual grievors who have not yet returned to the workplace, with a view to concluding Return to Work Protocols for them. Completion Date: Ongoing 5. The division in the Local should be examined. (13) ACTION PROPOSED: A two-day retreat (of 8 people from each of Group A and Group B) will take place, to be arranged by Mr. Brewster and Mr. Dvorak, in consultation with the Superintendent, at which divisions within the Local will be addressed. The second day of the retreat will be facilitated by individuals to be appointed by the Union, in consultation with the Employer. The retreat will be at the Employer?s expense, with those attending being paid, subject to approval by the Superintendent. This will apply to persons employed by the Toronto Jail. Responsibility: Allyson Ayers Completion Date: September 2009. 6. There 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. (14) A forum or advisory group should be created where OMs can meet to ensure consistency among their peers so that OMs can take concerns directly to the senior administration group. (109) ACTION ADOPTED: An OM has been included in the ERC. ERC meetings will resume in the second week of April 2009. Also Superintendent Jones will send an OM on a developmental opportunity. Report: OM was in attendance at the April 16, 2009 ERC meeting, and the plan is to continue to rotate the OMs to allow the developmental opportunity to attend ERC meetings. The Deputy Superintendent of Operations commenced daily 10:00 a.m. meetings with the OM group effective April 27, 2009. Assigned Responsibility: Superintendent Completion Date: Ongoing 7. Subject to entitlements under CECBA, the parties should implement agreements reached under this process, despite any collective bargaining disputes. (15) COMPLETED: This objective has been accomplished, in that the parties continued their work on this process during the period leading to the conclusion of a collective agreement in February 2009. -5 - 8. The SAROCC Steering Committee should consider ways in which 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. (16) ACTION ADOPTED: In accordance with the SAROCC Terms of Reference, minutes will be signed off and posted on a Board for public review in the ?mousetrap?. Assigned Responsibility: Management and Union Co-chair representatives. Completion Date: July 1, 2009 9. There should be an active, vibrant, and fully resourced Local SAROCC at the Toronto Jail operating in accordance with the provincial Terms of Reference. (17) Report: A fully functioning SAROCC committee exists at the Toronto Jail, Ministry provides annualized funding to LSAROCC to carry out its activities. Assigned Responsibility: The Co-Chair of Local SAROCC 10. The Local President, or nominee, should participate in the local SAROCC. (18) COMPLETED. Local President has drafted a letter to Local SAROCC identifying himself as a member (by May 31, 2009), and the necessary training will be completed (when next available) Completion Date: Letter - May 31, 2009 Training to be once available: Tara Jackson & Doug Evetts: October 31, 2009 11. 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. (20) ACTION: 11.1. A Statement of Respect has been prepared by the Coordinating Committee for distribution. Responsibility: Superintendent Date for distribution and posting: May 25, 2009 Superintendent and Union to co-sign the Statement - May 19, 2009 11.2. The Statement will be read at muster for 10 days after it has been signed off on, and, then every 90 days by a member of management. Responsibility: Superintendent & Union President Date for Completion: Commencing May 25, 2009 and ongoing 11.3. The Statement should be read at all department meetings and on each agenda for all departments. Responsibility: Superintendent & Union President Date for Completion: Commencing May 25, 2009 and ongoing -6 - 11.4. A laminated copy of 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. Responsibility: Superintendent & Union President Date for Completion: May 25, 2009 11.5. A copy of Statement should be issued to each staff member, and signed for by them, and included in the local standards of operation. It will be a small laminated version for each individual to have. All other documents to be issued to individual employees under this decision will be signed for individually by them to confirm they have each received the document concerned. Responsibility: Superintendent Date For Completion: May 25, 2009. 12. All parties should foster and contribute to a workplace that is welcoming to a diverse workforce at the Toronto Jail. (32) ACTION ADOPTED: 12.1. A volunteer member of the Social committee and SAROCC to meet quarterly to organize culturally diverse topics and information sessions to be held quarterly in a ?lunch and learn? format. Assigned Responsibility: Mark Brewster will draft a letter to the members of each of the two committees by May 31, 2009. 12.2. A diversity Map will be located at the front of the jail and employees will identify their place of birth by placing a pushpin on the map. Responsibility: The Superintendent approved in principle purchase of the map. Colleen La Rose to purchase the map and the pins to be posted June 30, 2009. 13. The Employer should focus on bringing professionalism to the correctional officer profession. (33) ACTION ADOPTED: 13.1. Management will encourage and provide professional training to employees where appropriate. 13.1.1. Toronto Jail has signed an annual contract with Centennial College (Justice Program) to provide training in professionalism. It will be offered to all staff with an 8-module format which, if completed, would offer a ?Professionalism Certificate?. 13.1.2. Any CO who wishes to attend can attend. Depending on the needs it will be rotated as required. Report: Thus far, approximately 60 staff members have signed up to take some or all 8 modules. It will commence end of May 2009. 13.1.3. The Superintendent to consult with the Union on the ERC to determine how to advertise the Centre for Leadership (CFL) -7 - opportunities on a more wide-reaching level. - Responsibility: Superintendent - Completion Date: An agenda item for May 28, 2009 ERC meeting 13.2. There will be a proper set of standing orders established. Responsibility: Ms. Volpe, the Compliance Manager Completion Date: The first three sections are complete and a draft copy has been gone to Managers for review. Ms. Volpe will complete this task by January 31, 2010 and the standing orders will be issued by that date. 13.3. Management will encourage and recognize proper managerial training where appropriate (PDP Review; Learning Plan; Highlight and direct Managers to attend Management training courses on HR Ontario Learning and Development and Ontario Correctional Services College). Responsibility: Deputy Superintendent of Operations, Jim Aspiotis, and Institutional Training Manager, David Ruttle. Completion Date: ongoing; review every 4 months 13.4. There will be close supervision and consistent enforcement of all employment and inmate rules by staff. 13.4.1. The Deputy of Operations has been briefed about the Superintendent?s concerns regarding consistent enforcement of rules, for Correctional Officers and Inmates. 13.4.2. The Superintendent will include this as a Standing Item on all Staff meeting agendas. It is minuted in the OM Meeting February 24 and 26, 2009 13.4.3. Deputy Superintendent of Operations will determine methods to consistently enforce inmate rules amongst Correctional Officers. - Completion Date: Ongoing 13.5. Formalized training will be provided to OMs when they are first promoted. This training will include peer coaching. Responsibility: Institutional Training Manager, Dave Ruttle Completion Date: Ongoing Action: To update and review current training practices: to be completed by Mr. Ruttle by December 31, 2009. 13.6. Employees will work at their assigned posts unless there is a valid and documented reason for a change in that post. Personal conflicts will not constitute a valid reason for transfer. Any changes in post will be documented and justified directly to the Deputy Superintendent of Operations. This will be communicated to staff. Responsibility: Deputy Superintendent of Operations. Action: Changes in post will need to be justified to Deputy Superintendent of Operations ? a memorandum by the Superintendent to the managers of this requirement by May 31, 2009 -8 - The Superintendent will issue a memorandum to staff by May 31, 2009 Completion Date: ongoing, review August 31, 2009 13.7. Officers will dress in a professional manner as constituted by the standing orders, and such dress and deportment will be strictly enforced by management. 13.7.1. Specific guidelines will be prepared on what is considered ?appropriate? dress. Responsibility: Ms. Volpe will address this in the standing orders to detail appropriate dress Completion Date: January 31, 2010 13.7.2. The General Duty Manager will discuss the importance of dress and deportment. Responsibility: General Duty Manager COMPLETION DATE: Ongoing 14. Staff should not presume guilt and should presume innocence. (34) Employees should be educated about the Statement of Ethical Principles. (93) 14.1. Reporting wrongdoings and assuming innocence will be addressed in human rights and diversity training and education sessions through a special component. During this training it will be emphasized to employees that reporting rule breaking enhances the safety of co- workers. Responsibility: Tara Jackson of OED Completion Date: July 31, 2009 14.2. Management will review the Statement of Ethics to make sure that it reflects these issues. In addition, the Statement will be posted throughout the Jail. Responsibility: Superintendent Action: Upon consultation with OED, the Statement of Ethical Principles will be disseminated May 25, 2009, in conjunction with the release of the Statement of Respect. Completion Date: Ongoing 14.3. Once prepared, the Statement of Ethical Principles will be read at muster for 7 days, posted in all departments and copies provided to each staff member. Responsibility: Superintendent Completion Date: May 25, 2009 14.4. The Statement of Ethics will include the following issues: that proper judgment will be exercised by an employee when reporting rule breaking, and by management when considering a report of rule breaking; and that there will be no reprisal against an employee for reporting rule breaking. 14.5. Management will continue to implement the action plan that was established following earlier security audits. The action plan includes, among other things, the addition of metal detectors, security cameras, -9 - handheld narcotic detectors, as well as a review of security threat group management. Report: May 8, 2009 ? Additional security cameras added to stores, laundry and kitchen this past week Responsibility: Superintendent Ongoing: The outstanding issue relates to the X-Ray and the handheld narcotic detectors, will be completed by June 30, 2009. 14.6. Overcapacity problems will be addressed by increasing staffing levels in the Toronto Jail. Responsibility: Superintendent Report: the vacancies have been filled Action: Agenda item at ERC, and a business case for staffing analysis Report On The Business Case: the Ministry will undertake a staffing analysis ? by June 30, 2009; management will inform the Union as to when it will commence. Responsibility: Mike Conry 14.7. The Superintendent and the deputies will be present at, and tour, the Toronto Jail on a regular basis. Responsibility: Superintendent & Allyson Ayers Completion Date: Ongoing, Superintendent will monitor and review this on a regular basis. Review by the Superintendent and the coordinating committee every 3 months 15. The accomplishments of employees should be more frequently recognized in writing. (35) Report: The managers have been given template letters to write reports of staff whose actions have gone above and beyond. The letters sent will be kept on the employee?s file. Assigned Responsibility: Superintendent Completion Date: Ongoing 16. Subject to the authority of the OPS, management should take steps to reform the PDP. Management should develop a transparent (36) succession planning model & evaluate who in the workplace would be good candidates for promotion. Succession planning should include (65) the coach officer program to keep experience in the institution. There (66) should be regular formal evaluations for all staff. Management (76) should ensure that its managers further develop and enhance competencies in managing a multi-racial and diverse workforce at the Toronto Jail. (80) ACTION: 16.1. The managers will be trained in conducting the PDPs. Responsibility: Coordinator of Staff Relations and Deputy of Administration Completion: Training to start in May 2009 and completed March 31, 2010 16.2. Managers have been required by the Superintendent to perform PDPs for all COs, from May 2009, for completion by March 2010, on the -10 - CO?s anniversary date. Responsibility: Coordinator of Staff Relations and Deputy of Administration 16.3. PDPs will be conducted annually for each CO by their immediate supervisor on their anniversary date. Responsibility: Coordinator of Staff Relations and Deputy of Administration 16.4. The Superintendent will consult OMs on persons they feel would be good for promotion. Assigned Responsibility: Superintendent Completion Date: ongoing 16.5. During the PDP meeting neither participant (manager & employer) will be responsible to another area. (In other words, they will be relieved from duties while the PDP takes place). Responsibility: Ms. Faith Crocker (Staff Relations Coordinator) Completion Date: May 2009 to March 2010. 16.6. There will be a semi-annual review for persons requiring further guidance. The determination of the need for further guidance will be made by the Superintendent on the basis of the PDP and such other information as the Superintendent considers relevant. Responsibility: Ms. Faith Crocker (Staff Relations Coordinator) Completion Date: May 2009 to March 2010. 17. Efforts should be made for retention of newly appointed OMs and COs. (37) ACTION: 17.1. Explicit disincentives for working at the Toronto Jail will be removed, e.g. paid parking, the lack of handcuffs. 17.1.1. Paid parking - Paid parking is still under discussion at the Corporate level. Report Back Date to Vice-Chair: May 31, 2009 17.2. Security Manager did an audit re handcuffs. Inventory complete. Old handcuffs replaced by new. Action Complete. 17.3. Outstanding contributions to and accomplishments in the Toronto Jail will be frequently recognized by management. 17.3.1. There will be a plaque on the front lobby for those that displayed unity, solidarity and professionalism. Responsibility: Union President will coordinate entries on the plaque Completed and ongoing 17.4. The work environment in the jail will be improved by increases in staffing. Actions Adopted: 17.4.1. Report obtained: There are currently 144 Classified COs. 20 -11 - Unclassified. The Jail is only 2 COs short of full complement. Report Update: May 2009 - Staff is at full complement. This item will be tied to the staffing analysis above. 17.4.2. The issue of the change from the 9-9 shift schedule to the 7-7 shift schedule will be addressed by the coordinating committee. Completion Date: June 30, 2009 Responsibility: Coordinating committee 17.4.3. As regards General Duty Officers: a staffing analysis is necessary, and, if required, additional General Duty officers will be appointed. This will be addressed under the staffing analysis referred to above. 17.5. There will be meaningful staff-run committees in the Toronto Jail through the existing Social and Wellness Committees. Responsibility: Mr. Dvorak & Mr. Brewster Completion Date: June 15, 2009 17.6. There will be improvements to amenities for COs: 17.6.1. Access to more telephones. The aim is to have two lines for COs. Responsibility: the Superintendent / Dr. Agard Completion Date: June 15, 2009 17.6.2. Access to more computers. The aim is that two computers be installed in the guard room (so there are a total of 4 working computers for the COs) Responsibility: Superintendent Action: The computer lines are ready. Approval has been received. Completion Date: June 15, 2009 for the additional 2 computers. 17.6.3. Free coffee and/or water - Bottled water is available in the kitchen. Action completed. 17.7. There should be a report to the union with regard to the newly improved training facilities. 17.7.1. The Superintendent (with the assistance of Mr. Ruttle) will communicate to the staff and give orientation regarding the new training facility and its accessibility. Completion Date: August 31, 2009 17.7.2. An open house will be held as determined by Coordinating committee. Completion Date: Once Programs unit co-locates with Training, Open House will be held for all staff, August 2009. 17.8. The Coordinating committee will continually look at different avenues for coming up with ways to better the work environment for all staff. Ongoing 18. The Union should be permitted to address employees new to the workplace. (75) Completed -12 - 2 19. A formal coaching program should be implemented. The Employer (73) should ensure that there is a formal selection process for coach officers. (74) There should be additional training specific to the Toronto Jail. (71) ACTION: 19.1. Subject to the OED recruitment strategy, what is currently present in Bell Cairn orientation and the Toronto Jail training package will be reviewed to determine what can be kept and utilized and what needs to be amended and added. Responsibility: Mr. Ruddle, the Training Manager, and the Deputy Superintendent of Administration will prepare a formal coaching program. Completion Date: September 30, 2009 Follow-up action: the document referred to will be considered by the coordinating committee, and upon their approval of the draft program, it will be implemented. Implementation Date: November 1, 2009 19.2. The following standards will apply for coaches: 19.2.1. A Minimum of 5 years service. 19.2.2. A demonstrated ability to work in a diverse workplace. 19.2.3. A file review of the coach candidate, including reference to WDHP violations. If substantiated violations are found, the candidate can reapply once their name is removed from the 3 WDHP tracking registry. 19.2.4. An interview will be conducted by the ITM or a committee appointed by the Superintendent. 19.2.5. The appointment of a coach will be by management. 19.2.6. Coaches should be actively recruited by management. 19.2.7. As coaching opportunities arise, a posting will be done seeking expressions of interest. 19.3. An officer who seeks to be appointed as a coach, who is not accepted, will be entitled to know the reasons. 19.4. Coaching will include direct supervision by the coach of the new employee. Coaches will provide confidential performance feedback to the new employee. The coaching program will be used as an incentive for new COs to remain in the Toronto Jail. Responsibility: The Institutional Training Manager and Deputy Superintendent of Administration are in process of completing this. Completion Date: September 30, 2009 19.4.1. Workbooks will be issued at orientation to the new employee to be completed and signed by the coach, the employee and the manager. 2 This was formerly known as the mentoring / coaching program. The mentoring program will fall under the SAROCC initiative. The coaching program is what is covered by this objective. 3 Currently the minimum period a person remains on the list is 3 years. -13 - 19.4.2. The details of all work and duties of Toronto Jail employees will be outlined. 19.4.3. There will be 4 weeks of site-specific training, along the following guidelines: 19.4.3.1. 1st week: Orientation - Speakers: Union LEC/President - Health & Safety Representative - Mentor(s) - Institutional Training Manager - Finance Human Resources 19.4.3.2. 2nd week: Mentor & Shadow Together (not assignment) - Physical layout of jail - Introduce shadow to all areas of the jail, i.e. finance personnel, healthcare, records, maintenance, kitchen, all musters. 19.4.3.3. 3rd & 4th weeks: - Shadow observes mentor on line - To the extent possible, 75% of time will be spent on what are solely general population inmate floors. - Observe: 4A; 5A; 5C; programs; 1C; A&D; video court ? but most time on 2 & 3. - Mentor will review and evaluate shadow performance 19.4.3.4. During Orientation - The ITM delivers the Statement of Ethical Principles; and it will be read every day for the week of orientation. - The 1st page of each module will be the Statement of Ethical Principles. Responsibility: Institutional Training Manager Completion Date: September 30, 2009 20. There should be recreational events paid for by the Employer. (39) ACTION: 20.1. This will be done on a case by case basis. In addition, for events that are socially diverse in nature as to attract all staff regardless of age, family status or cultural background, the Employer?s OED will contribute $5,000 per annual to the Social Committee, this commitment to be reviewed in April 2010. 20.2. The scheduling of such events will be done in consultation with the Superintendent. Responsibility: The Social Committee & Deputy Superintendent: Administration & the Union President 21. The union-management hate letter protocol should be reviewed and supplemented by a local protocol between union and management. The (42) parties should explore ways to personally support those who receive hate letters and to reduce the impact of such letters in the Toronto Jail. (46) -14 - I will prepare a protocol, taking account of the parties? submissions, and I will issue a separate decision that describes the protocol. 22. The Superintendent should confer with the Coordinating Committee to explore the appropriate further investigation of the hate crime letters. (45) DONE: ADDITIONAL ACTION: 22.1. The Union will respond in writing to the Employer?s written proposal concerning the investigation. Completion date: May 22, 2009 22.2. The parties request the Vice-Chair to convene an appropriate meeting to advance this objective. Completion date: June 30, 2009 22.3. In the event the parties do not reach agreement on how to address the Union?s request for further investigation of the hate crime letters, I remain seized. 24. The parties should explore ways of promoting the image of its officers. (51) ACTION: This matter will be addressed at the MERC table. The Union would like dress uniforms to be provided to the officers in the Toronto Jail. The Employer is considering the issue. Report back date: June 15, 2009 25. OMs should have input into the promotion process. (52) ACTION: 25.1. Subject to review of the PDP process and clear guidelines on how to assess performance, the Superintendent will arrange HR representative to ensure OMs have the appropriate training regarding the PDP/LDP process. RESPONSIBILITY: Coordinator of Staff Relations, Faith Crocker COMPLETION DATE: November 30, 2009 25.2. In addition to the use of PDPs, requests by Correctional Officers to act as Operational Managers, Deputy Superintendent of Operations may seek input from OMs of persons who are suitable for acting assignments. Responsibility: Deputy Superintendent of Operations Completion Date: ongoing 26. Correctional Services should make every effort to ensure that all levels of the employee body are reflective of the community population (54) Recognizing that certain employees have not applied for promotions due to what they have experienced as systemic racism, qualified employees should be encouraged to make themselves available for promotional opportunities and Management should ensure a fair and equitable -15 - process. (69) ACTION: 26.1. All internal development opportunities will be read on line-up for 10 days prior to closing. 26.2. The information of internal development opportunities will be available for staff on bulletin boards, emails, P-drive, etc. 26.3. The wording of the posting will reflect the spirit of equal opportunity, with racialized and aboriginal people encouraged to apply. 26.4. Management will ensure that all Department Heads are given the postings and that they are made available to all the staff. 26.5. OED has a responsibility to inform, encourage and support members of racialized groups and aboriginal peoples to apply for positions at all levels in Correctional Services. To that end OED will liaise with racialized and aboriginal employee organizations (including, but not limited to, the Ministry?s affinity groups, Workers of Colour Caucus and Association of Black Law Enforcers) in an effort to encourage potential applicants. Implementation Date: May 15, 2009 Responsibility: Superintendent 27. The parties should explore removing financial barriers, particularly training costs, to individuals working in Correctional Services. (55) ACTIONS: 27.1. The Union will make suggestions to Dr. Agard to achieve this objective. Responsibility: Mr. Brewster Completion Date: June 15, 2009 27.2. Dr. Agard will report of the Ministry?s exploration. Responsibility: Dr. Agard Completion Date: June 30, 2009 28. The parties should explore methods of attracting and retaining staff at the Toronto Jail. (56) ACTION: 28.1. Dress and deportment will be maintained to a high standard. To this end the standards need to be established, who they apply to, how the staff will be advised of them, and what enforcement will take place. Responsibility: The Coordinating Committee Completion Date: June 30, 2009 28.2. Clothing requirements at a Provincial level will be made more easily available for staff. Clothing will be available at the Institution or readily available. Responsibility: Superintendent to deal with Lori Potter, Director of the -16 - Management and Operational Support branch of the Ministry and the Clothing Committee. Completion Date: July 31, 2009 29. The parties should discuss the following pre-screening proposal: The Pre-screening process should include: A requirement for candidates to complete a background - questionnaire including questions about affiliation with hate related organizations; Questions designed to test tolerance on racial and other - prohibited grounds of discrimination; A requirement that candidates provide references to verify the - accuracy of the answers provided in response to the above questions; 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; A requirement that candidates disclose whether or not they have - any hate related body art 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; Pre screening of questions and preferred responses to ensure - they?re representative of diversity. (59) The Ministry will implement a pre-screening process that includes checks for racial intolerance, having regard to the above recommendations. Responsibility: Dr. Agard Completed Date: July 31, 2009 30. There should be clear guidelines regarding who gets promoted. (60) ACTION: 30.1. The Employer will ensure that the PDP process is firmly in place as it addresses staff performance. Responsibility: Faith Crocker Completion Date: March 2010 30.2. The Training Manager will provide guidance and make available on request the prerequisites / guidelines currently being used to promote/hire for positions within the institution. Responsibility: Training Manager Completion date: ongoing 31. There should be a learning plan and assessment for management and staff to see whether those entering management can do the job, including whether they can act in a diverse environment. All managers up to (68) -17 - and including Superintendants should receive specific hate incident training. Management should ensure that all managers at the (81) Toronto Jail receive human rights training on a regular basis. (82) Managers should receive specific diversity training that is updated regularly. (89) ACTION: 31.1. Diversity awareness will be included as part of the selection process for appointments to management to ensure a basic understanding of diversity. Responsibility: OED Completion Date: going 31.2. In the event a manager is found in violation in a race-based WDHP complaint, they will be sent for mandatory diversity training and their behaviour will be monitored on the tracking registry to ensure adherence to Ministry policy on diversity. Responsibility: OED Completion Date: ongoing 31.3. Managers will undergo training that includes diversity bi-annually. Responsibility: OED Completion Date: ongoing 31.4. Management Pay for Performance will have a diversity component in the PDP. DONE Responsibility: Ministry Corporate Completion Date: ongoing 31.5. Senior management will continue to clearly state, post and circulate expectations of Managers in regards to diversity and racism. Responsibility: OED Complete Date: ongoing Managers that experience or are targets of racism will be provided with the resources necessary to assist them. Responsibility: Superintendent Completion Date: ongoing 32. The 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. (72) ACTION: Management will discuss this at Regional Management Meetings as a standing item. Report: At the RMC of May 21, 2009 this was discussed and accepted by all Superintendents as an acceptable practice. The Superintendents will forward willing candidates to the Director. Responsibility: Mr. Conry Further Report Back Dates: quarterly, the first report to be September 2009 33. Management level training should be given to OMs as soon as they are -18 - promoted. (77) ACTION: 33.1. New managers will be assigned mentors that have a good understanding of diversity. Responsibility: The Training Manager Completion Date: ongoing 33.2. New managers will be provided with assistance and training as needed Responsibility: Training management Completion Date: ongoing New managers will receive diversity training as soon possible upon their appointment. Responsibility: The Training Manager Completion Date: ongoing 34. Management should ensure that all employees at the Toronto Jail receive human rights training on a regular basis. All staff should receive (83) appropriate anti-hate and Human Rights training. There should be (84) mandatory training for all staff in the WDHP process. WDHP (86) Training should deal consistently with all racist language. All new (87) and existing staff should also be provided with training that includes a contemporary perspective on hate, racism, sexism and other prohibited grounds. Part of this process is that staff should receive orientation to the Ontario Human Rights Code. There should be diversity training at (88) the outset of training to become a CO. (90) ACTION: 34.1. The current Toronto East training course ? Anti-Racism / Anti-Sexism ? will be adapted for all employees (other than managers) at the Toronto Jail, taking account of the objectives above. 34.2. Attendance at the course (8 hours) will be mandatory. Responsibility: OED Course completion date: August 31, 2009 Course delivery date start: January 1, 2010 Course delivery date completion: December 2010 35. The Union should make available to its stewards at the Toronto Jail human rights education on a regular basis. (85) ACTION: 35.1. The Union is providing a course, Human Rights ? Union Rights, every 3-6 months. This will continue. 35.2. The Union will explore providing a one-day human rights training course for all stewards at the Toronto Jail. Responsibility: Mr. Dvorak Report back date: June 30, 2009 -19 - 36. All parties should ensure joint union-management conflict resolution ? ADR training at Toronto Jail - Joint training for union-management reps at Toronto Jail - Management training for management at Toronto Jail - All Toronto Jail employees receive conflict resolution training by external consultant-trainer determined by joint union-management. (91) ACTION ADOPTED: 36.1. OED is preparing a system-wide fact-finding ADR training for managers for Fall 2009, and the Toronto Jail is deemed a priority. Responsibility: OED Training date: Fall 2009 36.2. All Staff will be required to take the following two modules to be delivered by Centennial College: ?Professional Development Conflict Management? and ?Professional Development Developing Positive Peer Relationships? Completion Date: April 2010 Responsibility: Dave Ruttle is organizing the scheduling of these courses. This was announced by the Superintendent on March 13, 2009. It was read at muster commencing March 16, 2009. 36.3. The joint training of union and management representatives will be discussed by the parties. Responsibility: Tara Jackson Report Back: June 15, 2009 37. There should be better leadership, conflict resolution and collective agreement training for all management. (92) ACTION: 37.1. Mary Lynn Ingratta will highlight courses available from the HR Ontario Learning and Development and Ontario Correctional Services College, and send a package to all Managers, this will be included as Part of the PDP Learning Plan. Completion Date: May 31, 2009 37.2. Mary Lynn Ingratta will review what is available through Bell Cairn, SSB (Shared Services Bureau), Centre for Leadership (CFL) and send a package to all Managers. Completion Date: May 31, 2009 37.3. For all managers there will be a booklet with training on: WDHP & Human Rights. Responsibility: OED Complete Date: July 31, 2009 38. Upper management should provide appropriate respect and support to the decisions that OMs make. (100) The disciplinary powers of OMs should be clarified. (116) ACTION: -20 - 38.1. The Superintendent will develop a formal meeting process for OMs. The OMs will be given time to meet, discuss their issues. Responsibility: The Deputy Superintendent of Operations will initiate regular bi-monthly OM meeting opportunities. Start Date: May 2009 Ongoing 38.2. To ensure consistent application of the rules, the OMs will get together in their meeting and discuss, as a group, how they will consistently administer and enforce the rules. Responsibility: Deputy Superintendent of Operations Completion Date: May 2009 and ongoing 38.3. Once the standing orders are revised, the Superintendent will ensure that all managers are knowledgeable of the orders so they can be consistently applied. Responsibility: Superintendent Complete Date: May 2010 38.4. The Training Manager will arrange for the training of OMs on the standing orders. Responsibility: The Training Manager Completion Date: May 2010 39. All parties should take steps to improve communication at the Toronto Jail so everyone has up-to-date information about the workplace. (101) ACTION: 39.1. To increase accountability the Superintendent will arrange for a revised organizational plan, with roles and responsibility for each of the boxes, starting at the top with the Superintendent down to the COs. The organizational chart will show the lines of authority, roles and responsibilities for each Dept and Dept Head. Responsibility: Faith Crocket Completion Date: June 30, 2009 39.2. The delegated authority of OMs will be clarified in written form by a direction to the appropriate link. Responsibility: Faith Crocket Completion Date: June 30, 2009 40. All parties should ensure that Toronto Jail staff receive recognition for contributions to promote diversity and respect for human rights. (102) ACTION: Local SAROCC is coming up with criteria for selection. Responsibility: Mark Brewster to update Coordinating Committee. Completion Date: July 15, 2009 41. Subject to management?s rights, there should be fair rotation of acting -21 - positions drawn from a roster of qualified candidates. (107) 41.1. This is being done for COs and will continue. Responsibility: Superintendent Ongoing 41.2. For non-CO positions, the Superintendent will investigate this. Report Back: June 30, 2009. 42. The parties should clarify their respective rights, and responsibilities, in relation to allegations made in the media concerning the workplace. (114) The Ministry will provide in writing the rule that applies to the issue of employees speaking to the media, including any written policies that may exist. Responsibility: Employer counsel Completion Date: May 31, 2009 43. All staff should be advised of the disclosure of wrongdoings provisions in the Public Service of Ontario Act, 2006 (PSOA). (118) The Superintendent will do a memorandum to staff advising of the access link to the Disclosure of Wrongdoing Directive and have written copies in the office of each senior manager and of the GDM. Complete Date: May 31, 2009 43. Management should clear up the backlog of WDHP complaints at Toronto Jail as soon as possible. (120) COMPLETED Where there are WDHP files consistent with the issues in this case, they are suspended and subsumed in this process. There are other WDHP processes at the Toronto Jail that follow the regular procedure. The backlog with respect to those cases has been cleared. 45. Subject to developments within the OPS regarding the WDHP, the 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. (125) ACTION PLAN: 45.1. Management will provide a written document by August 31, 2008 in response to the proposals concerning the WDHP. THIS HAS BEEN DONE. 45.2. The parties will meet to consider the following outstanding proposals: 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. (145) Management should stop soliciting anonymous tips. (148) -22 - The complainant and the manager should send an email to the deputy superintendent and superintendent at the facility. (153) The investigation should take place immediately, and should secure all physical evidence. (154) There should be a duty to cooperate with the investigation. (155) The details of the investigation should be provided to the superintendent. (156) The Superintendent should levy the penalty, with notice to the complainant as soon as it?s levied. (157) There should be union input into the parameters of CISU investigations. (158) All WDHP investigations and the decisions in respect of discipline, if any, should be completed within 60 days after they are filed. (161) There should be short deadline for filing WDHP complaints, e.g., 24 hours. (162) The steps above should be completed within 48 hours of the incident. (163) There should be quick decision on WDHP complaints within 30 days of complaint. (164) Management should post the finding and disciplinary response in the jail without identifying the victim or the perpetrator. (165) There should be immediate disclosure in WDHP complaints to the accused of the name of complainant. (166) There should be full written disclosure of allegations in WDHP complaints with necessary details. (167) 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. (168) 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. (169) There should be consequences for the Superintendent and other management for failure to follow the above protocol. (170) 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. (175) Management should take steps to ensure that the anonymity of employees who report wrongdoings are protected. (176) All COs should cooperate fully with CISU if the investigation is fair and unbiased. (178) 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. (179) 45.3. This matter will await the production of the new WDHP policy, anticipated in December 2009, subject to the entitlement of either party to raise this matter earlier. 46. Health and Safety orientation and training should be provided to OMs. (128) ACTION: -23 - All Managers will have a health and safety orientation training provided by an MGS health and safety officer before March 2010. It will be a part of their agenda, as a learning module. Responsibility: Deputy Superintendent of Operations. th Dated at Toronto this 30 day of June 2009. Christopher J. Albertyn, Vice-Chair -24 -