The URL can be used to link to this page

Home My WebLink About2005-1443.Tardiel et al.10-11-29 Decision Commission de Crown Employees Grievance Settlement UqJOHPHQWGHVJULHIV Board GHVHPSOR\pVGHOD 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 7pO Fax (416) 326-1396 7pOpF GSB#2005-1443 *URXS³$´ ³%´ 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 & Cathy Phan Ministry of Government Services Labour Practice Group Counsel HEARINGOctober 27, 2010. - 2 - Decision [1]This decision replaces the decision issued on November 23, 2010. This decision is in the long line of decisions dealing with systemic remedies at the Toronto Jail. A series of objectives were agreed by the parties, or ordered by me where the parties were unable to reach agreement, to bring about the necessary systemic changes needed at the Toronto Jail and, pursuant to those objectives, action plans were agreed upon, or ordered where the parties were unable to reach agreement, for implementation. The decisions that preceded this have described the agreed objectives and the agreed action plans and the extent to which the actions had been carried out. There are now relatively few of these actions that remain to be fulfilled. Following a report-back by the parties on October 27, 2010, this decision records the most recent developments in the implementation of the outstanding action plans. No reference is made in this decision to those actions that have been previously recorded as accomplished or as ongoing. [2],QUHIHUULQJWRSUHYLRXVSDUDJUDSKV>?@RIHDUOLHUGHFLVLRQVWKHUHIHUHQFHZLOOEHWRWKH paragraph number in the BoarG¶VGHFLVLRQVRI-XQH [3]5H?WKH6WDQGLQJ2UGHUVZHUHFRPSOHWHGDQGissued to staff at the Toronto Jail on July 20, 2010. In addition each employee was given their own hard copy. [4]5H?7KHSHHUFRDFKLQJIRUQHZ20VLV ongoing and the completion is anticipated by December 2010, with managers being assigned as coach/mentor. [5]5H?7KH6XSHULQWHQGHQWLssued the follow-up memorandum to staff regarding the dress code on June 4, 2010. There are also constant reminders and disciplinary action has been undertaken when there has been a breach of the dress code. This objective and action plan are substantially accomplished, and need only ongoing renewal when necessary. [6]5H?7KHKDQGKHOGQDUFRWLFVGHWHFWRUKDVbeen operational for inmate searches when necessary from October 20, 2010 and training in its use is continuing. This objective and action is therefore accomplished. [7]5H?7KHVWDIILQJDQDO\VLV a) The Employer did not meet deadlines mandated in prior decisions. However, the Board had been informed that the staffing analysis had now been completed and was handed to the Regional Director, Mr. Conry, on October 22, 2010. b) The Union has asked for the date on which it was completed. The Employer will provide the information to the Union, failing which the completion date will be deemed to be October 22, 2010. c) Mr. Conry will meet with the ADM to discuss the report. The Employer will decide whether to provide a copy to the Union with a view to meeting with the Union to discuss the implications. d) By November 5, 2010, Employer counsel will advise Union counsel whether the Employer will provide a copy of the staffing report. If so, it is to be provided promptly with a view to a discussion between the parties as to its implications. If - 3 - not, the Union may approach me to set an early teleconference to address production of the report and its implications. [8]5H?7KHLPSOHPHQWDWLRQRIWKH3'3V a) The training of managers in the PDP function is complete. The initial training was in January 2010 and the follow-up training was on June 10, 2010. The training required has therefore been accomplished. b) The PDP catch-up process has begun. Managers were provided with the CO PDP list on June 2, 2010. 73 PDPs have been completed and 84 are in progress. Approximately 100 have not been commenced. The aim is to ensure that the PDPs be done annually on the anniversary RIHDFKHPSOR\HH¶VFRQWLQXRXVVHUYLFH date. c) The Employer has undertaken to complete the catch-up of the PDPs so that every employee will have a PDP done by March 31, 2011, and so that the regular annual anniversary PDPs can commence from April 1, 2011. d) This matter is therefore subject to ongoing review until April 1, 2011. [9]5H?7KHDGHTXDF\DQGFRPSOHWHQHVVRIthe investigation remains an issue between the parties. The investigation into the hate letter writing continues. On a privileged basis, a confidential review of the progress of the investigation was conducted to consider to additional steps to be taken on the outstanding investigation. The matter will be reviewed within the next 30 days and I will continue to monitor the process. [10]5H?7KH(PSOR\HUDGYLVHGWKDWRQIXUWKHUconsideration, as refeUUHGWRLQ?WKH recruitment program has been improved by increasing the interest-free loans from 50% to 100% of the cost. The objective and action plan informing this are therefore substantially accomplished and will be ongoing without specific review. [11]5H?3XUVXDQWWRDQHDUOier direction, the Recruitment Modernization Branch of the Ministry prepared a policy document on pre-screening procedures. This has been done to achieve the objective to ensure that racial tolerance, anti-racism and diversity experience are features of hiring and promotion with the Ministry. The Employer provided document to the Union by June 30, 2010, as required. [12]5H?D $VUHTXLUHGE\-XQHWKHEmployer provided to the Union a copy of the proposed one-day training program regarding the Statement of Ethical Principles. The training will cover, among other things, the WDHP process, discrimination, harassment and hate and examine appropriate ways for dealing with these issues. [13]5H?E 7KH8QLRQSURYLGHGQRUHVSRQVHHQabling the Employer to proceed with its proposals for training. [14]5H?F 7KH(PSOR\HU¶VSUHSDUDWLRQIRUWKHFRXUVHZDVFRPSOHWHGRQ-XO\ within the time period required. - 4 - [15]5H?G 7he Superintendent provided the Union Local President with the schedule of employees attending the training in memos on July 30 and August 4, 2010, in substantive compliance with the requirement. [16]5H?H 7KH(PSOR\HUDGYLVHGWKDWWUaining commenced on August 23, 2010. As of October 26, 2010, 11 workshops had been held and 177 staff had received the training. The Employer anticipates completion of the training by December 31, 2010, as required. This action is subject to further review in due course. [17]5H?7KHRQHGD\WUDLQLQJLQFRQIOLFW management arranged by the Employer with Centennial College was completed on August 24, 2010, with 254 employees receiving the training. Only 13 employees still require the training. They have not received it only because of their being on leave of one sort or another. Once they return to work, the training for them will be arranged. This action plan is therefore accomplished. [18]5H?7KLVREMHFWLYHDQGDFWLRQSODQLVaccomplished and will be subject to ongoing review only when necessary. [19]5H?7KHQHZ:'+3SROLF\ZDVFRPSOHted and communicated OPS-wide on June 15, 2010. It will now be part of training provided to employees. [20]5H?7KH%RDUG¶VGHFLVLRQRI-XQHat 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 reserved their entitlements to initiate a meeting to consider the original proposals. Objectives and actions (145, 148, 153 to 159, 161, 169, 170, 175, 178 and 179) require discussion between the parties in light of the new WDHP policy. A meeting is set for February 1, 2011 for this purpose. Pursuant thereto: a) at least 1 week in advance of that date the Union will tell the Employer: i) which, if any, of the items are off the list, and ii) who from the Union will participate in the discussions b) thereafter the Employer will advise who will attend for the Employer c) the parties will come to the meeting prepared for the discussions so that time is not taken up with preparation on the meeting date. [21]5H? - 5 - 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, John 2005-3923 2005-0530-0116 Jackman, Marva 2006-0128 2006-0551-0002 Walcott, Pauline 2006-0422 2005-0530-0121 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, Sylvia 2007-1468 2007 -0530-0039 Azeese, Ally 2007-1469 2007 -0530-0040 - 6 - Grievor Adair, Allan et al Cooney, Guy Perunovic, Stefanka Tanel, Luciano MacKey, Nigel Jagpal, Sam Flanagan, James Fryginberg, Elina Durdle, Philip Brown, Sidney Bazger, Hamza Parna, Elmar Montgomery, Mavis McNeely, Elizabeth Valaitis, Laura Pacheco, John Agnello, Tania Lino, Angelucci Ardito, Santa Bartosiewicz, Agnes Bolton, Karen Brooks, Tim Fitzpatrick, Carrie Hauery, Mark Haars, Catherine Kotsovolos, George Miklasz, Stanley Robbescheuten, Crystal Phillips, Stana Leppan- Triolo, Barbara Jacklyn, Denise Pacheco, John Pacheco, John Pacheco, John Christensen, Robert Pacheco, John Phillips, Stana Pacheco, John Leppan- Triolo, Barbara Miklasz, Stanley Nesovic, Zeljko et al GSB# 2005-3857 2005-3858 2005-3862 2005-3864 2005-3868 2005-3872 2005-3877 2005-3878 2005-3881 2005-3885 2005-3887 2005-3892 2005-3897 2005-3899 2005-3900 2005-3902 2005-3903 2005-3904 2005-3905 2005-3906 2005-3907 2005-3908 2005-3911 2005-3913 2005-3914 2005-3915 2005-3916 2005-3918 2005-3919 2005-3921 2005-3924 2006-0040 2006-0041 2006-0042 2006-0138 2006-0620 2006-0624 2006-2272 2006-3129 2006-3131 2008-1029 Union File # 2005-0530-0050 2005-0530-0051 2005-0530-0055 2005-0530-0057 2005-0530-0061 2005-0530-0065 2005-0530-0070 2005-0530-0071 2005-0530-0074 2005-0530-0078 2005-0530-0080 2005-0530-0085 2005-0530-0090 2005-0530-0092 2005-0530-0093 2005-0530-0095 2005-0530-0096 2005-0530-0097 2005-0530-0098 2005-0530-0099 2005-0530-0100 2005-0530-0101 2005-0530-0104 2005-0530-0106 2005-0530-0107 2005-0530-0108 2005-0530-0109 2005-0530-0111 2005-0530-0112 2005-0530-0114 2005-0530-0118 2006-0530-0005 2006-0530-0006 2006-0530-0007 2005-0530-0119 2006-0530-0016 2006-0530-0020 2006-0530-0086 2007-0530-0013 2007-0530-0015 2008-0530-0048