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
BEFORE
Christopher J. Albertyn
Vice-Chair
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
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:
New No.
Old No.
Objectives and Action Plans
18
The 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.
19
The agreements reached in this process and the objectives determined should be properly supervised and implemented, and adequately resourced
Action Plans:
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.
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.
On May 13 and 14, 2009, a full review of these objectives, the action plans, and their realization will take place.
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.
The Coordinating Committee will stipulate responsibilities for completing all of the tasks by a specified date.
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
1
Management should commit itself to confer with the union at an 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
3
Management and the Union should provide sufficient resources to the joint conferring as described so that the participants may engage in it in a knowledgeable and effective manner
4
The 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
5
Management and the Union should commit to supporting and strengthening the SAROCC process in the workplace
6
The parties should recognize that both the union and management have the discretion to convene joint-committee meetings of any of the existing union-management committees at the Toronto Jail
7
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 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.
-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.
8
The 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
9
Those individual grievors who have not yet returned to the workplace should during the period agreed between the parties, with both the Employer and Union representatives, to address any outstanding return to work issues
10
The parties should agree that they have canvassed and considered human rights issues in this process
11
The division in the Local should be examined
12
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
13
Subject to entitlements under CECBA, the parties should implement agreements reached under this process, despite any collective bargaining disputes
14
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
15
There should be an active, vibrant, and fully resourced Local SAROCC at the Toronto Jail operating in accordance with the provincial Terms of Reference
16
The Local President, or nominee, should participate in the local SAROCC
17
The objectives agreed and determined in this process should be periodically reviewed
Hospitable Workplace
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
23
Staff should act honestly, professionally, and within the law at all times and should report all serious, unprofessional, and illegal acts they witness, and management and union should provide full protections against reprisals for any persons who comply with this obligation
24
It should be understood that reporting someone who has done something wrong does not make them “a rat”
25
Discriminatory or racist conduct should be treated as a serious 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
27
All parties should be respectful to one another – acknowledge and appreciate human rights issues, and hold one another accountable, especially in the area of human rights
28
All staff should acknowledge that all races have been victims of racism or discrimination based on race
29
All Staff should not use terms which are derogatory, stereotypical, insulting or racist, such as “redneck,” “cracker”, “bitch,” “nigger”, etc.
30
All parties should build shared workplace values recognizing the diverse workforce at Toronto Jail
31
All parties should commit to an understanding of shared and acceptable workplace behaviours
32
All workplace constituencies at the Toronto Jail should cooperate and take responsibility for restoring the workplace
33
All 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, KKK, etc.)
34
All parties should commit to the implementation of a plan for a safe and secure work environment at the Toronto Jail
35
All parties should foster and contribute to a workplace that is welcoming to a diverse workforce at the Toronto Jail
36
The Employer should focus on bringing professionalism to the correctional officer profession
37
Staff should not presume guilt and should presume innocence
38
The accomplishments of employees should be more frequently recognized on paper
39
Subject to the authority of the OPS, management should take steps to reform the PDP
40
Efforts should be made for retention of newly appointed OMs and COs
41
Scheduling should be done in accordance with the scheduling rules
42
There should be recreational events paid for by the Employer
43
All 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 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
- Lack of handcuffs.
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.
- There should be a focus on increasing professionalism at 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
- Free coffee and/or water
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 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 be determined which will allow employees to celebrate common interests while simultaneously recognizing and learn about different cultures and ethnicities.
Hate Mail
45
Management and the Union should ensure commitment to return to work for any staff who want to return to work
47
The union-management hate letter protocol should be reviewed and supplemented by a local protocol between union and management
48
The Ministry should continue to follow the various aspects of the 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
50
The 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.
51
The Superintendent should confer with the Coordinating Committee to explore the appropriate further investigation of the hate crime letters
52
The parties should explore ways to personally support those who receive hate letters and to reduce the impact of such letters in the Toronto Jail
53
Where appropriate, management should suspend the placement on, 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 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
54
All parties should support equitable and fair developmental growth opportunities
55
All staff should promote the Toronto Jail as a positive work environment
56
COs should be prepared to speak at Ontario Correctional Services College to promote working at the Toronto Jail
57
The parties should explore ways of promoting the image of its officers
59
OMs should have input into the promotion process
60
Correctional Services should keep the parties informed of steps it is taking, and progress being achieved, regarding the recruitment of aboriginal and racialized employees
61
Correctional Services should make every effort to ensure that all levels of the employee body are reflective of the community population
62
The parties should explore removing financial barriers, particularly training costs, to individuals working in Correctional Services
63
The parties should explore methods of attracting and retaining staff at the Toronto Jail
64
Management should provide unsuccessful promotion applicants with feedback on request
65
The recruitment process should include proper background checks and reference checks, as well as psychological checks
66
The 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;
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.
68
There should be clear guidelines regarding who gets promoted
69
All hiring and promotion should be based on criteria relevant to the performance of that function
71
Doing an acting assignment for long periods of time should be presumptive proof of the ability to do the job when posted
72
Management should recruit mature officers with work and life experience
73
The Employer should implement more stringent qualifications for supervisors, including a minimum level of experience before a managerial role can be taken on
75
Management should develop a transparent succession planning model & evaluate who in the workplace would be good candidates for promotion
76
Succession planning should include the coach officer program to keep experience in the institution
77
Persons going into Management should demonstrate an ability to work in a diverse environment
78
There should be a learning plan and assessment for management and staff to see whether they can do the job, including whether they can act in a diverse environment
79
Recognizing 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.
80
Management should actively recruit good candidates for all 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 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 be included:
Background checks, including a mandatory CPIC done a credible police organization
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
Persons Responsible:
Superintendent / Deputy Superintendent of Operations
Time Frame: 1 month
Orientation and Training
85
There should be additional training specific to the Toronto Jail
86
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
87
A formal mentorship program should be implemented
88
The Employer should ensure that there is a formal selection process for coach officers
89
The Union should be permitted to address employees new to the workplace
90
There should be regular formal evaluations for all staff
91
Management level training should be given to OMs as soon as they are promoted
92
There should be an ongoing assessment of the strengths and weaknesses of new OMs
93
There should be a specific section in orientation addressing harassment, bullying and discrimination
94
Management should ensure that its managers further develop and enhance competencies in managing a multi-racial and diverse workforce at the Toronto Jail
95
All managers up to and including Superintendants should receive specific hate incident training
96
Management should ensure that all managers at the Toronto Jail receive human rights training on a regular basis
97
Management should ensure that all employees at the Toronto Jail receive human rights training on a regular basis
98
All staff should receive appropriate anti-hate and Human Rights training
99
The Union should make available to its stewards at the Toronto Jail human rights education on a regular basis
100
There should be mandatory training for all staff in the WDHP process
101
WDHP Training should deal consistently with all racist language
102
All 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
103
Managers should receive specific diversity training that is updated regularly
104
There should diversity training at the outset of training to become a CO
105
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
106
There should be better leadership, conflict resolution and collective agreement training for all management
107
Employees should be educated about the Statement of Ethical 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
1st week: Orientation.
Speakers: union LEC/president
Health & Safety Representative
Mentor(s)
Institutional Training Manager
Finance Human Resources
(etc)
2nd 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.
3rd & 4th weeks:
→ Shadow observes mentor on line
→ 75% of time to be spent on 2nd &3rd 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.
→ The 1st 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
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
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
108
Management should increase its accountability- workload issues, heightened presence, direct supervision, and clearly articulated roles and responsibilities
109
There should be reviews of all outstanding accommodations on a regular basis
110
Management should ensure that there are adequate COs on each shift to do the necessary work
111
Scheduling should be done so that the requirements of the work are properly taken into account
113
Management should manage effectively and enforce all rules fairly and consistently
116
The Employer should reinforce the reporting structure in that 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
119
Upper management should provide appropriate respect and support to the decisions that OMs make
120
All parties should take steps to improve communication at the Toronto Jail so everyone has up-to-date information about the workplace
122
All parties should ensure that Toronto Jail staff receive recognition for contributions to promote diversity and respect for human rights
123
The Employer and OPSEU provincially should discuss the revival of the CO3 position and keep the local parties informed
124
Management should keep the parties informed of its review of the supervisory structure
125
There should be general duty officers as back up
128
There should be permanent hiring for all senior management
129
Subject to management’s rights, there should be fair rotation of acting positions drawn from a roster of qualified candidates
130
Subject to operational requirements and management’s rights, management should endeavour to restrict acting management assignments to 6 months
134
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
135
The 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.
136
The Deputy Super of Operations should play a more proactive role 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.
137
Management should follow through and follow up with their proposed actions
138
All parties should ensure consistency by enforcing institution rules at all levels at all times (e.g. smoking rules)
140
The parties should clarify their respective rights, and 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
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:
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
143
All parties should strive for more transparency in discipline with due regard to privacy rights and privilege
144
The disciplinary powers of OMs should be clarified
146
All staff should recognize that if any reasonable and properly promulgated rules, particularly related to human rights violations, are broken at the Toronto Jail, the employee(s) concerned should be appropriately disciplined
147
All staff should be advised of the disclosure of wrongdoings provisions in the Public Service of Ontario Act (PSOA).
149
All parties should take steps to expedite internal conflict resolution
150
Management should clear up the backlog of WDHP complaints at Toronto Jail as soon as possible
151
All 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
152
When 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
159
All 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.
172
There should be penalties for knowingly false, malicious, frivolous or vexatious WDHP allegations to effectively deter such allegations
179 (A)
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.
Action Plan:
Management will provide a written document by August 31, 2008 in response to the proposals concerning the WDHP.
The parties will meet by September 30, 2008 to consider the 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
Management should stop soliciting anonymous tips
The complainant and the manager should send an email to the deputy superintendent and superintendent at the facility
The investigation should take place immediately, and should secure all physical evidence
There should be a duty to cooperate with the investigation
The details of the investigation should be provided to the superintendent
The Superintendent should levy the penalty, with notice to the complainant as soon as it’s levied
There should be union input into the parameters of CISU investigations
All WDHP investigations and the decisions in respect of discipline, if any, should be completed within 60 days after they are filed
There should be short deadline for filing WDHP complaints, e.g., 24 hours
The steps above should completed within 48 hours of the incident
There should be quick decision on WDHP complaints within 30 days of complaint
Management should post the finding and disciplinary response in the jail without identifying the victim or the perpetrator
There should be immediate disclosure in WDHP complaints to the accused of the name of complainant
There should be full written disclosure of allegations in WDHP complaints with necessary details
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
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
There should be consequences for the Superintendent and other management for failure to follow the above protocol
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
Management should take steps to ensure that the anonymity of employees who report wrongdoings are protected
All COs should cooperate fully with CISU if the investigation is fair and unbiased
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
180
The 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
181
Management should ensure that safety, including the right to work in a workplace free from discrimination and harassment, is a priority in the institution by enforcing the procedures and policies of the institution
184
Health and Safety orientation and training should be provided to OMs
I remain seized of the implementation of these objectives.
The mediation-arbitration process continues, as previously scheduled.
Dated at Toronto on August 11, 2008.