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

January 11, 2010.

Decision

1This decision concerns the parties’ organizational objectives and the implementation of their agreed action plans with respect to the Toronto Jail.

2There have been previous decisions on these topics. This decision is an update of the outstanding actions required of the parties to implement the objectives they have undertaken. Many agreed actions that were recorded in previous decisions have been completed, and they are not mentioned again in this decision. This decision records arrangements reached between the parties at the organizational review meeting on November 23, 2009 and it describes the outstanding actions that require completion.

3The Union’s Local President will continue to be a member of the Coordinating Committee.

4The Employer will advise at the next scheduled meeting to review the objectives (the May 5, 2010 meeting) of progress regarding the implementation of all of the training initiatives described previously.

5The Union and the Employer will jointly advise at the May 5, 2010 meeting of the training to be provided to the Local SAROCC. [Marg Smoke of the Union and Nils Riis of the Ministry are responsible for this].

6A review of the Standing Orders at the Toronto Jail has been undertaken. The Employer will advise in writing by April 30, 2010 of progress in completion of this task.

7The Institutional Training Manager, David Ruttle, will report to the Coordinating Committee every 4 months, on dates to be determined by the Coordinating Committee, of the training being provided to members of the management and to other staff of the Toronto Jail.

8The Institutional Training Manager will ensure that formalized training is proved to OMs when first promoted, which training will include peer coaching. The training program to be used will be completed by March 31, 2010. The Employer will confirm in writing once this has been done.

9The guidelines of what is considered appropriate dress by officers will be issued by the Superintendent by February 28, 2010.

10The Employer will advise in writing by March 31, 2010 of the training arrangements to educate employees regarding the Statement of Ethical Principles. [Mr. Riis is responsible for arranging this training].

11The Employer undertook that the X-ray machine and the handheld narcotic detector would be operational by January 31, 2010 for use on outside visitors to the Toronto Jail.

12The Employer undertook that, by the end of February 2010, a permanent Superintendent and a Deputy of Administration would be appointed to bring stability to the management of the Toronto Jail.

13The Employer advised that it would issue a memorandum recording that, during 2010, onsite parking will not be charged; and that this policy will be reviewed before the end of 2010.

14The Employer advised that the Ministry has undertaken a staffing analysis at the Toronto Jail, to be completed by July 31, 2010.

15The Employer undertook to train all managers at the Toronto Jail in the conduct of PDPs. This training will be completed by March 31, 2010. All COs will have their PDPs initiated by December 31, 2010, to be signed off by March 31, 2011. The PDPs will begin after January 31, 2010.

16By January 31, 2010 the Institutional Training Manager will provide to the Coordinating Committee the material for a formal coaching program for new COs. The Coordinating Committee will review the material and thereafter, upon approval of the material with such amendments as the Committee considers necessary, the program will be implemented.

17I will update the parties at the May 5, 2010 meeting of the further investigation of the hate crime letters.

18At the May 5, 2010 meeting the Employer will report of steps it will take to remove financial barriers that impede racialized persons from becoming COs, particularly training costs.

19By February 28, 2010, the Employer will produce a written description of the pre-screening procedure it will implement to ensure that racial tolerance, anti-racism and diversity experience are features of hiring and promotion within the Ministry.

20The Superintendent will encourage newly appointed OM16s to work outside the Toronto Jail for a period of 6 months in order for them to gain broader experience.

21In order to provide greater diversity training to Toronto Jail staff, the Employer will ensure that the current Toronto East training course on anti-racism / anti-sexism will be adapted for use at the Toronto Jail. The course adaptation was to be completed by January 31, 2010. The course delivery was to commence on February 1, 2010 and be completed by December 31, 2010. [Responsibility: Mr. Riis].

22The Union will report at the May 5, 2010 meeting of providing a one-day human rights training course for all stewards at the Toronto Jail.

23The Employer will provide conflict resolution training to staff at the Toronto Jail. The Employer will provide written details of this training by February 28, 2010. [Responsibility: Mr. Riis].

24All staff at the Toronto Jail are required to take two modules provided by Centennial College: “Professional Development : Conflict Management” and “Professional Development : Developing Positive Peer Relationships”. By February 28, 2010, the Employer will provide the written schedules for such staff attendance. [Responsibility: Mr. Ruttle].

25The parties will advise at the May 5, 2010 meeting of preparation for joint union-management training. [Responsibility: Mr. Riis and Janet Holowka].

26The Employer will ensure that managers at the Toronto Jail are issued a booklet with training on WDHP and Human Rights. The Employer will confirm by March 31, 2010 that this has been done.

27The delegated authority of OMs will be put in writing on a link within WIN. The Employer will confirm in writing by February 28, 2010 that this has been done.

28The Employer will advise in writing by March 31, 2010 of the following regarding the existing WDHP complaints at the Toronto Jail:

a) those that concern a claim of a poisoned work environment at the Toronto Jail and are suspended under a previous order of the Board;

b) those that concern a claim other than a poisoned work environment at the Toronto Jail and are suspended under a previous order of the Board;

c) those that are not suspended, having been filed after the previous order of the Board;

d) any others.

29The Employer will advise, by March 31, 2010 of the state of development of the OPS-wide WDHP policy and complaint procedure.

30Ms. Holowka is requested to attend the May 5, 2010 meeting.