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Home My WebLink About2005-1443.Tardiel et al.10-04-15 Decision Commission de Crown Employees Grievance Settlement règlement des griefs 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 Group ?A? & ?B? UNION#2005-0530-0022 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Tardiel et al) Union - and - The Crown in Right of Ontario Employer (Ministry of Community Safety and Correctional Services) BEFOREChristopher J. Albertyn Vice-Chair FOR THE 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 EMPLOYERMelissa Nixon Ministry of Government Services Counsel HEARINGJanuary 11, 2010. - 2 - Decision [1]This decision concerns the parties? organizational objectives and the implementation of their agreed action plans with respect to the Toronto Jail. [2]There have been previous decisions on these topics. This decision is an update of the outstanding actions required of the parties to implement the objectives they have undertaken. Many agreed actions that were recorded in previous decisions have been completed, and they are not mentioned again in this decision. This decision records arrangements reached between the parties at the organizational review meeting on November 23, 2009 and it describes the outstanding actions that require completion. [3]The Union?s Local President will continue to be a member of the Coordinating Committee. [4]The Employer will advise at the next scheduled meeting to review the objectives (the May 5, 2010 meeting) of progress regarding the implementation of all of the training initiatives described previously. [5]The Union and the Employer will jointly advise at the May 5, 2010 meeting of the training to be provided to the Local SAROCC. [Marg Smoke of the Union and Nils Riis of the Ministry are responsible for this]. [6]A review of the Standing Orders at the Toronto Jail has been undertaken. The Employer will advise in writing by April 30, 2010 of progress in completion of this task. [7]The Institutional Training Manager, David Ruttle, will report to the Coordinating Committee every 4 months, on dates to be determined by the Coordinating Committee, of the training being provided to members of the management and to other staff of the Toronto Jail. [8]The Institutional Training Manager will ensure that formalized training is proved to OMs when first promoted, which training will include peer coaching. The training program to be used will be completed by March 31, 2010. The Employer will confirm in writing once this has been done. [9]The guidelines of what is considered appropriate dress by officers will be issued by the Superintendent by February 28, 2010. [10]The Employer will advise in writing by March 31, 2010 of the training arrangements to educate employees regarding the Statement of Ethical Principles. [Mr. Riis is responsible for arranging this training]. [11]The Employer undertook that the X-ray machine and the handheld narcotic detector would be operational by January 31, 2010 for use on outside visitors to the Toronto Jail. - 3 - [12]The Employer undertook that, by the end of February 2010, a permanent Superintendent and a Deputy of Administration would be appointed to bring stability to the management of the Toronto Jail. [13]The Employer advised that it would issue a memorandum recording that, during 2010, onsite parking will not be charged; and that this policy will be reviewed before the end of 2010. [14]The Employer advised that the Ministry has undertaken a staffing analysis at the Toronto Jail, to be completed by July 31, 2010. [15]The Employer undertook to train all managers at the Toronto Jail in the conduct of PDPs. This training will be completed by March 31, 2010. All COs will have their PDPs initiated by December 31, 2010, to be signed off by March 31, 2011. The PDPs will begin after January 31, 2010. [16]By January 31, 2010 the Institutional Training Manager will provide to the Coordinating Committee the material for a formal coaching program for new COs. The Coordinating Committee will review the material and thereafter, upon approval of the material with such amendments as the Committee considers necessary, the program will be implemented. [17]I will update the parties at the May 5, 2010 meeting of the further investigation of the hate crime letters. [18]At the May 5, 2010 meeting the Employer will report of steps it will take to remove financial barriers that impede racialized persons from becoming COs, particularly training costs. [19]By February 28, 2010, the Employer will produce a written description of the pre- screening procedure it will implement to ensure that racial tolerance, anti-racism and diversity experience are features of hiring and promotion within the Ministry. [20]The Superintendent will encourage newly appointed OM16s to work outside the Toronto Jail for a period of 6 months in order for them to gain broader experience. [21]In order to provide greater diversity training to Toronto Jail staff, the Employer will ensure that the current Toronto East training course on anti-racism / anti-sexism will be adapted for use at the Toronto Jail. The course adaptation was to be completed by January 31, 2010. The course delivery was to commence on February 1, 2010 and be completed by December 31, 2010. [Responsibility: Mr. Riis]. [22]The Union will report at the May 5, 2010 meeting of providing a one-day human rights training course for all stewards at the Toronto Jail. [23]The Employer will provide conflict resolution training to staff at the Toronto Jail. The Employer will provide written details of this training by February 28, 2010. [Responsibility: Mr. Riis]. [24]All staff at the Toronto Jail are required to take two modules provided by Centennial College: ?Professional Development : Conflict Management? and ?Professional Development : - 4 - Developing Positive Peer Relationships?. By February 28, 2010, the Employer will provide the written schedules for such staff attendance. [Responsibility: Mr. Ruttle]. [25]The parties will advise at the May 5, 2010 meeting of preparation for joint union- management training. [Responsibility: Mr. Riis and Janet Holowka]. [26]The Employer will ensure that managers at the Toronto Jail are issued a booklet with training on WDHP and Human Rights. The Employer will confirm by March 31, 2010 that this has been done. [27]The delegated authority of OMs will be put in writing on a link within WIN. The Employer will confirm in writing by February 28, 2010 that this has been done. [28]The Employer will advise in writing by March 31, 2010 of the following regarding the existing WDHP complaints at the Toronto Jail: a) those that concern a claim of a poisoned work environment at the Toronto Jail and are suspended under a previous order of the Board; b) those that concern a claim other than a poisoned work environment at the Toronto Jail and are suspended under a previous order of the Board; c) those that are not suspended, having been filed after the previous order of the Board; d) any others. [29]The Employer will advise, by March 31, 2010 of the state of development of the OPS- wide WDHP policy and complaint procedure. [30]Ms. Holowka is requested to attend the May 5, 2010 meeting. th Dated at Toronto this 15 day of April 2010. Christopher J. Albertyn, Vice-Chair - 5 - Group A Grievor GSB# Union File# Tardiel, Charlene et al 2005-1443 2005-0530-0022 Henry, Herman 2005-3859 2005-0530-0052 Jauha, Kulwinder 2005-3860 2005-0530-0053 Miller, Frank 2005-3861 2005-0530-0054 Joseph, Manoj 2005-3867 2005-0530-0060 Lindo, Karen 2005-3869 2005-0530-0062 Cataline, Johnson 2005-3870 2005-0530-0063 LaRose, Colleen 2005-3871 2005-0530-0064 Harries-Jones, Sarah 2005-3874 2005-0530-0067 Gray, Veronica 2005-3875 2005-0530-0068 Grant, Caroline 2005-3876 2005-0530-0069 Ellis, Donovan 2005-3879 2005-0530-0072 Dawjee, Khalid 2005-3883 2005-0530-0076 Cox, Leroy2005-3884 2005-0530-0077 Stewart-May, Patricia 2005-3889 2005-0530-0082 Persaud, Bibi 2005-3891 2005-0530-0084 Ortiz, Florencio 2005-3893 2005-0530-0086 Olivierre, John 2005-3894 2005-0530-0087 Mohamed, Mohamed 2005-3898 2005-0530-0091 Thompson, Denise 2005-3901 2005-0530-0094 Tuan-Kiet, Doan 2005-3910 2005-0530-0103 Glover, Jason 2005-3912 2005-0530-0105 Montague, Roderick 2005-3917 2005-0530-0110 Tan, Joey 2005-3920 2005-0530-0113 Majid, Mohammad 2005-3922 2005-0530-0115 Skeffington, John2005-3923 2005-0530-0116 Jackman, Marva 2006-0128 2006-0551-0002 Walcott, Pauline 2006-04222005-0530-0121 Marshall-Wilkinson, Joan 2006-0423 2005-0530-0129 Walji, Nasim 2006-0424 2005-0530-0123 Joson, Nelson 2006-0425 2005-0530-0124 Manrique, Lolet 2006-0482 2005-0530-0125 Union 2006-1079 2006-0530-0022 Williams, Simone 2006-1130 2005-0530-0127 Tardiel, Charlene 2006-1816 2006-0521-0022 Thompson, Denise 2006-2892 2007-0530-0003 Rusteau, Harriet 2007-0328 2007-0530-0020 Wilson, Debby et al 2007-1459 2007-0530-0030 Singleton, Samantha 2007-1460 2007-0530-0031 Gray, Stewart 2007-1461 2007-0530-0032 Adesua, Olusola 2007-1462 2007-0530-0033 Garisto, Joe 2007-1463 2007-0530-0034 Mitchell, Ewen 2007-1464 2007-0530-0035 Ward, Vaughn 2007-1465 2007-0530-0036 Morgan, Gracelyn 2007-1466 2007-0530-0037 Etienne, Cavelle 2007-1467 2007-0530-0038 Ramlal, Sylvia2007-1468 2007-0530-0039 Azeese, Ally 2007-1469 2007-0530-0040 - 6 - Group B Grievor GSB#Union File # Adair, Allan et al 2005-3857 2005-0530-0050 Cooney, Guy 2005-3858 2005-0530-0051 Perunovic, Stefanka 2005-3862 2005-0530-0055 Tanel, Luciano 2005-3864 2005-0530-0057 MacKey, Nigel 2005-3868 2005-0530-0061 Jagpal, Sam 2005-3872 2005-0530-0065 Flanagan, James 2005-3877 2005-0530-0070 Fryginberg, Elina 2005-3878 2005-0530-0071 Durdle, Philip 2005-3881 2005-0530-0074 Brown, Sidney 2005-3885 2005-0530-0078 Bazger, Hamza 2005-3887 2005-0530-0080 Parna, Elmar 2005-3892 2005-0530-0085 Montgomery, Mavis 2005-3897 2005-0530-0090 McNeely, Elizabeth2005-3899 2005-0530-0092 Valaitis, Laura 2005-3900 2005-0530-0093 Pacheco, John 2005-3902 2005-0530-0095 Agnello, Tania 2005-3903 2005-0530-0096 Lino, Angelucci 2005-3904 2005-0530-0097 Ardito, Santa2005-3905 2005-0530-0098 Bartosiewicz, Agnes 2005-3906 2005-0530-0099 Bolton, Karen 2005-3907 2005-0530-0100 Brooks, Tim 2005-3908 2005-0530-0101 Fitzpatrick, Carrie 2005-3911 2005-0530-0104 Hauery, Mark 2005-3913 2005-0530-0106 Haars, Catherine 2005-3914 2005-0530-0107 Kotsovolos, George 2005-3915 2005-0530-0108 Miklasz, Stanley 2005-3916 2005-0530-0109 Robbescheuten, Crystal 2005-3918 2005-0530-0111 Phillips, Stana 2005-3919 2005-0530-0112 Leppan-Triolo, Barbara 2005-3921 2005-0530-0114 Jacklyn, Denise 2005-3924 2005-0530-0118 Pacheco, John 2006-0040 2006-0530-0005 Pacheco, John 2006-0041 2006-0530-0006 Pacheco, John 2006-0042 2006-0530-0007 Christensen, Robert 2006-0138 2005-0530-0119 Pacheco, John 2006-0620 2006-0530-0016 Phillips, Stana 2006-0624 2006-0530-0020 Pacheco, John 2006-2272 2006-0530-0086 Leppan-Triolo, Barbara 2006-3129 2007-0530-0013 Miklasz, Stanley 2006-3131 2007-0530-0015 Nesovic, Zeljko et al 2008-1029 2008-0530-0048