GSB 2009-0188
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
M. Brian Keller
Vice-Chair
FOR THE UNION
Scott Andrews Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Gary Wylie and Greg Gledhill Ministry of Community Safety and Correctional Services Staff Relations Officers
HEARING
September 10, 2009.
DECISION
1On May 27th, 2008, the Ministry of Community Safety and Correctional Services (MCSCS) requested that the I.T. Forensics Team initiate an I.T. forensics investigation on four computers at Ottawa-Carleton Detention Centre (OCDC) for evidence of misuse of Government of Ontario IT resources, based on a web filtering report provided by the Information Protection Centre (IPC) on May 19th 2008. The Ontario Public Service utilizes over 45,000 computers that are constantly monitored in regards to their activity. This automatic monitoring includes identifying each occurrence where either an improper site has been accessed, or where an attempt has been made to enter a blocked site. A preliminary report on the findings based on a cursory examination on the acquired data was provided to the Ministry of Community Safety and Correctional Services on June 13th 2008.
2The forensics investigation found significant improper use of OCDC computers. The investigation also revealed inappropriate images, sexually suggestive poses, people engaged in sexual acts as well as videos with scenes of violence and sexuality.
3The end result of the investigation was that approximately 140 employees at OCDC were disciplined in the spring of 2009. Subsequently, 121 grievances were filed, each alleging improper discipline.
4On agreement of the parties, the grievances were consolidated and dealt with on September 10, 2009, in an expedited manner. The parties put before the Board the investigation reports and results, applicable Government and Ministry Policies as well as, where necessary, specific rationale dealing with certain individual grievances.
5It is to be noted that not every grievor contested whether discipline was warranted. In most cases, the issue was whether the level of discipline (ranging from written reprimands to twenty days suspensions) was appropriate. The parties agreed to be bound by the decision of the Board.
6The policies, rules and regulations of the employer, including the Ministry, are clear. They are available to all employees. Correctional Officers, going through training, are in-serviced on these policies. Additionally, both the union and employer, in various publications and communications with its employees/members, have emphasized that the policies, rules and regulations must be adhered to and any failure to abide by them can lead to discipline.
7Applicable, relevant, policies and rules include the following:
Information & Information Technology (IT) Security
Protecting government information and IT resources is important for many reasons. Ontario government computers have applications that are used for a variety of purposes. MCSCS has its own specific systems and databases that are used to track offenders and calculate offenders’ sentences as well as to conduct ministry-wide payroll procedures and other communication functions. Other ministries have their own systems. It is vital that all systems work at full capacity at all times.
8All the users of OPS I&IT – including employees, staff, managers, contractors, vendors and consultants – are accountable for their own actions when using these resources. Government IT resources belong to the government and are intended for government business. There may be brief, occasional uses for personal reasons, but confidentiality cannot be guaranteed.
9The Ontario Public Service and the MCSCS have policies, procedures and legislation in place concerning discrimination, harassment and the use of government resources. These include:
- Ontario Human Rights Code
- Workplace Discrimination and Harassment Prevention Policy (WDHP)
- I&IT Directive
- Operating Procedure on Usage of IT Resources
- Operating Procedure on Internet, Intranets and Extranets
10These policies must be followed; they apply wherever and whenever government IT resources are being used – including the office, the correctional setting, at home, during lunch, during work hours or after work.
11OVERVIEW:
Ontario Government Policy on Use of IT Resources
- Information and information technology resources are to be used for government business purposes that support the operations and service delivery of ministries and agencies.
- Computerized devices used for remote access to integrated networks are a de facto extension of that network, and are subject to the same policies and standards as the computerized devices in government offices.
- Users are individually accountable for their use of Ontario government I&IT resources.
- Misrepresentation of the provincial government identity and misuse of the government business practices are unacceptable.
- Sensitive information can only be exchanged, in a secure manner, with those having authorized access.
- Use of government computers, networks, systems and software may be subject to monitoring.
- Unacceptable uses of the Internet, Intranets and Extranets may result in disciplinary action and an investigation as needed.
12Unacceptable Uses
- Any use of IT resources which results in discrimination, harassment or is conducive to the creation of a ‘poisoned’ work environment.
- Visiting web sites that contain offensive material and/or displaying, storing, creating, accessing or printing offensive material.
- Any activity related to operating a private business.
- Sending emails on behalf of a religious volunteer organization.
- Sending emails that misrepresent the government’s views or discredit the government or other staff.
- Sending anonymous messages or impersonating others.
- Sending ‘Chain letters’.
- Sending, sorting, or encouraging the sending of e-mails which violate the WDHP policy.
- Downloading games, music, movies or video files.
- Playing games, watching movies or listening to Internet Radio.
- Copying, sending or receiving unlicensed software.
- Installing unlicensed software.
13REPERCUSSIONS
There are serious consequences to misusing government IT resources; these range from minor disciplinary actions to dismissal from one’s position.
14The Ontario government is committed to:
- ensuring that its IT resources are used for official purposes only and,
- providing a positive and respectful workplace free from discrimination and harassment.
15The Ontario government has zero-tolerance for abuse of its resources.
16In the instant case, there can be absolutely no doubt of the breach of the policies, rules and regulations. Some were more egregious than others and that accounted for the differential treatment as it relates to discipline. I have reviewed the cases put before me by the parties and have determined that some modifications to the level of discipline is warranted, in some cases. I have not, in any case, annulled the discipline completely. I have, at the request of the parties, communicated the disposition of individual cases to the parties confidentially. I will not speak to individual cases in this Order, but will deal with the broad principles of the type of behaviours exhibited by the grievors, as well as the potential consequences of such behaviours. In addition, I will deal with, and make, specific Orders to further address this issue.
17It is apparent that the employer has made its position on this issue abundantly clear. It is equally clear that employees have been made aware of the employer’s policies in this area. Behaviour of the type exhibited by the grievors was wrong and that behaviour should not and cannot be tolerated. Employees who engage in this type of behaviour must expect to be disciplined. That is, and should be, the norm. It should further be understood that the behaviour can result in significant discipline, up to and including discharge. It is not difficult to avoid this improper behaviour and no employee should be surprised at the consequences that flow if they engage in it.
18Employees must understand that the employer has a clear, unambiguous policy, as expressed above and they are obligated to follow those policies or expect to be disciplined. If employees are in anyway unclear as to the meaning of any of those policies, they should discuss it and clarify it with management. Breaches should not be tolerated or excused.
19In addition to the rulings on the individual cases, as communicated to the parties, I make these further Orders:
- Effective immediately, Correctional Officers at OCDC are ordered to abide by all relevant IT policies.
- The employer is to have in place, no later than January 1, 2010, an electronic means to restrict access by Correctional Officers at OCDC to the internet. To effect this prohibition, the employer can take whatever steps are required to disable internet access at computer terminals where CO’s have access.
- Effective January 1, 2011 internet access at OCDC will be restored to CO’s to the then prevailing Ministry standard, it being understood that the Ministry has the right to limit the number of access points, computers and sites employees may access at the workplace using Ministry property. It is to be understood that while this decision deals specifically with OCDC, nothing in the decision should be construed as limiting the rights of the employer regarding computer usage at any other facility.
- This decision shall be disseminated by the employer and the union to its employees / members. In addition, copies of this Award shall be posted by the employer, for a period of 30 days, in each Ministry Adult Institution workplace, in one or more locations, as required, so that it will come to the attention of all employees.
- Where suspensions have been reduced, monies owing will be paid no later than 60 days following release of this decision. In addition, the disciplinary letters will be amended and re-issued as required, to reflect the changes, as soon as possible.
20I remain seized regarding any issues arising out of the implementation of the above noted Orders.
Dated at Toronto this 15th day of October 2009.
Appendix "A"
| GSB Number | Union File Number | GSB Number | Union File Number |
|---|---|---|---|
| 2009-0188 | 2009-0411-0012 | 2009-0243 | 2009-0411-0040 |
| 2009-0189 | 2009-0411-0013 | 2009-0244 | 2009-0411-0041 |
| 2009-0190 | 2009-0411-0011 | 2009-0245 | 2009-0411-0022 |
| 2009-0191 | 2009-0411-0045 | 2009-0246 | 2009-0411-0038 |
| 2009-0196 | 2009-0411-0026 | 2009-0247 | 2009-0411-0039 |
| 2009-0197 | 2009-0411-0119 | 2009-0248 | 2009-0411-0037 |
| 2009-0212 | 2009-0411-0067 | 2009-0249 | 2009-0411-0036 |
| 2009-0213 | 2009-0411-0068 | 2009-0250 | 2009-0411-0035 |
| 2009-0214 | 2009-0411-0069 | 2009-0251 | 2009-0411-0034 |
| 2009-0215 | 2009-0411-0070 | 2009-0252 | 2009-0411-0081 |
| 2009-0216 | 2009-0411-0071 | 2009-0253 | 2009-0411-0082 |
| 2009-0217 | 2009-0411-0072 | 2009-0254 | 2009-0411-0083 |
| 2009-0218 | 2009-0411-0073 | 2009-0255 | 2009-0411-0085 |
| 2009-0219 | 2009-0411-0074 | 2009-0256 | 2009-0411-0086 |
| 2009-0220 | 2009-0411-0075 | 2009-0257 | 2009-0411-0087 |
| 2009-0221 | 2009-0411-0077 | 2009-0258 | 2009-0411-0088 |
| 2009-0222 | 2009-0411-0078 | 2009-0259 | 2009-0411-0090 |
| 2009-0223 | 2009-0411-0079 | 2009-0260 | 2009-0411-0091 |
| 2009-0224 | 2009-0411-0080 | 2009-0261 | 2009-0411-0092 |
| 2009-0225 | 2009-0411-0028 | 2009-0262 | 2009-0411-0094 |
| 2009-0226 | 2009-0411-0031 | 2009-0263 | 2009-0411-0095 |
| 2009-0227 | 2009-0411-0030 | 2009-0264 | 2009-0411-0098 |
| 2009-0228 | 2009-0411-0029 | 2009-0265 | 2009-0411-0096 |
| 2009-0229 | 2009-0411-0027 | 2009-0266 | 2009-0411-0099 |
| 2009-0230 | 2009-0411-0025 | 2009-0267 | 2009-0411-0101 |
| 2009-0231 | 2009-0411-0024 | 2009-0268 | 2009-0411-0102 |
| 2009-0232 | 2009-0411-0023 | 2009-0269 | 2009-0411-0108 |
| 2009-0233 | 2009-0411-0032 | 2009-0270 | 2009-0411-0104 |
| 2009-0234 | 2009-0411-0015 | 2009-0271 | 2009-0411-0105 |
| 2009-0235 | 2009-0411-0014 | 2009-0272 | 2009-0411-0106 |
| 2009-0236 | 2009-0411-0033 | 2009-0273 | 2009-0411-0109 |
| 2009-0237 | 2009-0411-0017 | 2009-0274 | 2009-0411-0110 |
| 2009-0238 | 2009-0411-0016 | 2009-0275 | 2009-0411-0111 |
| 2009-0239 | 2009-0411-0018 | 2009-0276 | 2009-0411-0112 |
| 2009-0240 | 2009-0411-0019 | 2009-0277 | 2009-0411-0113 |
| 2009-0241 | 2009-0411-0021 | 2009-0278 | 2009-0411-0114 |
| 2009-0242 | 2009-0411-0020 | 2009-0279 | 2009-0411-0115 |
Appendix "A" (Continued)
| GSB Number | Union File Number | GSB Number | Union File Number |
|---|---|---|---|
| 2009-0280 | 2009-0411-0116 | 2009-0328 | 2009-0411-0054 |
| 2009-0281 | 2009-0411-0117 | 2009-0329 | 2009-0411-0055 |
| 2009-0282 | 2009-0411-0118 | 2009-0330 | 2009-0411-0056 |
| 2009-0306 | 2009-0411-0057 | 2009-0331 | 2009-0411-0042 |
| 2009-0307 | 2009-0411-0058 | 2009-0332 | 2009-0411-0043 |
| 2009-0308 | 2009-0411-0059 | 2009-0333 | 2009-0411-0046 |
| 2009-0309 | 2009-0411-0060 | 2009-0334 | 2009-0411-0047 |
| 2009-0310 | 2009-0411-0061 | 2009-0335 | 2009-0411-0048 |
| 2009-0311 | 2009-0411-0062 | 2009-0336 | 2009-0411-0049 |
| 2009-0312 | 2009-0411-0063 | 2009-0337 | 2009-0411-0051 |
| 2009-0313 | 2009-0411-0064 | 2009-0338 | 2009-0411-0050 |
| 2009-0314 | 2009-0411-0065 | 2009-0357 | 2009-0411-0134 |
| 2009-0315 | 2009-0411-0066 | 2009-0469 | 2009-0411-0141 |
| 2009-0316 | 2009-0411-0044 | 2009-0470 | 2009-0411-0140 |
| 2009-0317 | 2009-0411-0076 | 2009-0471 | 2009-0411-0142 |
| 2009-0318 | 2009-0411-0084 | 2009-0480 | 2009-0411-0139 |
| 2009-0319 | 2009-0411-0089 | 2009-0484 | 2009-0411-0143 |
| 2009-0320 | 2009-0411-0093 | 2009-0485 | 2009-0411-0144 |
| 2009-0321 | 2009-0411-0097 | 2009-0486 | 2009-0411-0145 |
| 2009-0322 | 2009-0411-0100 | 2009-1012 | 2009-0411-0171 |
| 2009-0323 | 2009-0411-0103 | 2009-1016 | 2009-0411-0161 |
| 2009-0324 | 2009-0411-0107 | 2009-1018 | 2009-0411-0162 |
| 2009-0326 | 2009-0411-0052 | 2009-1094 | 2009-0411-0173 |
| 2009-0327 | 2009-0411-0053 |