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Home My WebLink About2005-1443.Tardiel et al.10-06-11 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 (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 Jim Paul Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Lisa Compagnone, Melissa Nixon & Cathy Phan Ministry of Government Services Counsel HEARINGMay 5, 2010. - 2 - Decision [1]This decision is a follow-up on the decision issued on April 15, 2010. It follows a review held with the parties on May 5, 2010. It also contains certain other matters that require attention. I refer to the paragraphs used in the April 15, 2010 decision for ease of reference. The decision set out actions required to accomplish an objective agreed by the parties for the restoration of a workplace of mutual respect and responsibility, free from discrimination and harassment. [2]Paragraphs 3, 4, and 7 are accomplished or ongoing. [3]Paragraph 5 is deleted. The action contemplated will be dealt with by the SAROCC steering committee. [4]Paragraph 6 is complete. The Standing Orders at the Toronto Jail will be issued by the end of July 2010. [5]The OM training contemplated in Paragraph 8 is complete. The peer coaching for new OMs will be completed by June 30, 2010, and will be ongoing for new OMs. [6]The Superintendent issued a memorandum on December 10, 2009, pursuant to Paragraph 9. A follow up memorandum will be issued by June 10, 2010. The appropriate dress guidelines will be included in the new Standing Orders and will be consistently enforced. [7]Paragraph 10 is addressed below. [8]Pursuant to Paragraph 11, the X-ray scanner became operational on February 23, 2010, for visitors to the Toronto Jail. The handheld narcotics detector will be operational for inmate searches when necessary from September 30, 2010. [9]Paragraphs 12 and 13 have been accomplished. [10]The staffing analysis contemplated in Paragraph 14 will be completed as stipulated, by July 31, 2010. [11]Pursuant to Paragraph 15, the training of all managers at the Toronto Jail in the conduct of PDPs, although started on January 18, 2010, has not yet been completed. The PDPs were to have commenced by January 1, 2010. This has not occurred. The order in the decision of April 15, 2010 is varied as follows. The training of the managers is to be expedited and completed to ensure they are all able to carry out a PDP. The PDPs on COs are to commence immediately. Those with anniversary dates between January and May are to have their PDPs done forthwith. The PDPs of other COs are to be done on their anniversary date. The PDPs are to be done on the current template. When an updated template is produced by the Ministry, the PDPs will be done on the new template. [12]The task undertaken in Paragraph 16 is complete. The coaching program is implemented as of May 12, 2010. - 3 - [13]Re Paragraph 17, I reported to the parties on developments within the investigation and will report again at the next scheduled hearing. [14]Re Paragraph 18, the Employer has implemented the following to address financial barriers that might impede racialized persons from becoming COs, including training costs. The 7-week college training costs $750 in tuition fees and $750-$1,075 in board and lodging. The employer currently provides interest-free loans on request of up to 50% of the costs. Loans are repayable at the rate of a minimum $50 payment per pay period beginning upon graduation. The Ministry is considering further improvements to this program. In addition, the Ministry?s recruitment strategy is being re-examined by the Ministry?s Recruitment Modernization Branch to increase the diversity of qualified candidates in the CO applicant pool. [15]The Recruitment Modernization Branch of the Ministry is preparing a policy document on pre-screening procedures, inter alia, to achieve the objective referred to in Paragraph 19. The Employer will provide that document to the Union by June 30, 2010. The Union may require discussion of its content with the Employer. [16]Paragraph 20 is accomplished and ongoing. [17]By agreement, given that the Union has ongoing training in human and union rights, Paragraph 22 is removed. [18]Re Paragraphs 10, 21, 23, 24 and 25: a) The Union is to be provided with a copy of the proposed one-day training program regarding the Statement of Ethical Principles, by June 1, 2010. The parties? contemplation is that the training will cover, among other things, the WDHP process, discrimination, harassment and hate and examine appropriate ways for dealing with these issues. b) The Union will provide its response to the proposed training program, by June 15, 2010. c) The preparation of the course is to be completed by July 15, 2010 and be ready for implementation by mid-August 2010. d) By July 31, 2010, the Superintendent will provide the Union Local President with the schedule of employee attendance at the training. e) All employees at the Toronto Jail are to be scheduled for such training by December 31, 2010. If for a legitimate reason an employee assigned to attend is not able to attend, that employee?s training can be carried over into 2011. [19]With respect to Paragraphs 23 & 24, approximately 60% of the staff have completed one- day training in conflict management arranged by the Employer, provided by Centennial College. The remaining employees are scheduled to undergo such training by the end of June 2010. The Superintendent will provide the Union Local President with the schedule of employee attendance at the training. - 4 - [20]As part of Paragraph 23, and as part of the ongoing training of managers, a training workshop occurred May 26 and 27, 2010. The workshop explored the concept of values, reviewed the WDHP complaints process, and built fact-finding and alternative dispute resolution skills. Further ongoing training on the new WDHP policy will be provided as required. [21]Re Paragraphs 26 and 29, the new WDHP policy is to be provided by the Employer to the Union by June 15, 2010. [22]Re Paragraph 27, this task was completed on March 4, 2010. The link is to be found in the Corporate Services Division portion of the Ministry website. [23]Re Paragraph 28, the information sought was provided in writing by the Employer on March 31, 2010. [24]This completes the review of the orders issued in the Board?s decision of April 15, 2010. What follows are rulings on certain other matters that pertain to the renewal of the Toronto Jail workplace. [25]The Board?s decision of June 30, 2009, at Paragraph 45, records that the parties resolved as follows: Subject to developments within the OPS regarding the WDHP, the parties should meet to consider the following proposed objectives and actions (145, 148, 153 to 159, 161, 169, 170, 175, 177, 178 and 179). Further under Paragraph 45.2, the parties undertook to meet to consider a list of proposals set out therein. The parties reserve their entitlements to initiate a meeting to consider the original proposals. [26]Ms. Allyson Ayers? role as a Deputy-Superintendent at the Toronto Jail requires some clarification. She has been seconded to the Toronto Jail by the Employer at the instance of the Board. Her role is important. She is assigned by the Board to ensure the implementation of the decisions issued in these matters and to supervise the restoration process. Her role is multi- faceted. She is responsible in the first instance to the Board, to ensuring that the obligations the Employer and the Union have undertaken ? to restore a workplace free from harassment and discrimination ? are accomplished. Her role is to require that all systemic remedies agreed by the parties are properly implemented by all responsible for their implementation, pursuant to orders of the Board. She is the coordinator of the Coordinating Committee. She is the Board?s direct liaison between the local Union and the Superintendent. Ms. Ayers is also a support person to those who have been hurt by the events at the jail, giving rise to the grievances, over the past five years. She is expected to liaise closely with the Superintendent of the Toronto Jail to ensure that the above functions are fulfilled as expeditiously and smoothly as possible. [27]Pursuant to agreed objective #47 in the Board?s decision of August 11, 2008, those within the Employer responsible for managing the Attendance Management Program will, when exercising their discretion, take account of: the Return to Work Protocol, if any, of the individual concerned; the individual circumstances of the employee, particularly their experience of the events that gave rise to these proceedings; and the genuineness, or lack thereof, of the employee?s absences. - 5 - [28]A further hearing date will be scheduled for reviewing the orders and directions issued above. th Dated at Toronto this 11 day of June 2010. Christopher J. Albertyn, Vice-Chair - 6 - 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 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 - 7 - 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