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

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

Melissa Nixon Ministry of Government Services Counsel

HEARING

July 9, 2009.

Decision

1The decisions issued previously to address the systemic issues at the Toronto Jail need to be supplemented or varied periodically to address changing circumstances appropriately.

2This decision updates the Board's decisions of April 2, 2009 and June 30, 2009.

3The June 30, 2009 decision addressed the action plans the parties had agreed to, or were directed to, accomplish. Pursuant to that decision:

a) The action plan for Objective No.5 is amended as follows:

Action: Mr. Dvorak and Mr. Brewster will consider how best to achieve this objective.

Review date: October 15, 2009.

b) The Superintendent will arrange for a meeting of the Coordinating Committee every two weeks. The members of the Coordinating Committee shall attend each scheduled meeting. The schedule of the meetings during 2009 will be coordinated with the members of the Coordinating Committee by July 31, 2009.

c) The parties will report back of progress with implementation of the Actions in the June 30, 2009 decision at a hearing on October 15, 2009.

4The April 2, 2009 decision contained a schedule setting out the Objectives of Principle from the August 11, 2008 decision. That portion of the April 2, 2009 decision is hereby amplified and supplemented as follows:

a) re. Objective No.10:

Action: Staff are entitled to report wrongdoing in accordance with Part VI of the Public Service of Ontario Act, 2006, S.O. 2006, c. 35, Sched. A. (Disclosing and Investigating Wrongdoing).

b) re. Objectives No.'s 20, 41, 42: Action: These will be reviewed by the Coordinating Committee.

c) re. Objective 22:

Action: The Vice-Chair will continue to pursue this issue, convening appropriate meetings to advance this objective.

d) Objective No. 25 will have the words "as defined under the Ontario Human Rights Code" added at the end thereof. Objective No. 25 will therefore read:

25. 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 as defined under the Ontario Human Rights Code. (47)

e) Objective No. 28 is deleted.

f) re Objective No. 29:

Action: This will be done periodically at the provincial MERC and provincial SAROCC.

g) Objective No. 34 will have the words, "that reflects diversity" added. Objective No. 24 will therefore read:

Management should recruit mature officers with work and life experience that reflects diversity. (63)

h) Re Objectives No.'s 47 and 48:

Action: Recognizing that permanence in managerial appointments adds stability to the institution, Dr. Agard and Mr. Conry will prepare a plan to accomplish these objectives by September 30, 2009. This will enable the parties to respond to the plan to be presented at the October 15, 2009 report back hearing.

i) Re. Objective No. 50:

Action: Ms. Jones, (the Superintendent) or Mr. Aspiotis (the Acting Deputy-Superintendent: Operations) will tour the jail every day, unless this proves impossible.

j) Re. Objective No. 53:

Action: The report to an employee and to the Union regarding a complaint against a member of management or another employee by an employee or the Union will be one of the following: no action taken; corrective action taken (meaning: counselling and/or training); or disciplinary action taken (meaning: formal reprimand, suspension or dismissal).

k) Re. Objective No. 55: Action: This should include review by the Coordinating Committee of inter-personal conflicts, and refusals by officers to work with particular officers.

l) Re. Objectives No.'s 57 & 58:

Action: All managers will be provided with fact-finding training by OED.

Responsibility: Dr. Agard

Implementation Date: November 1, 2009

5I remain seized with respect to the interpretation or implementation of this decision.