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
Jim Paul Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Lisa Compagnone, Melissa Nixon & Cathy Phan Ministry of Government Services Counsel
HEARING
May 5, 2010.
Decision
1This decision is a follow-up on the decision issued on April 15, 2010. It follows a review held with the parties on May 5, 2010. It also contains certain other matters that require attention. I refer to the paragraphs used in the April 15, 2010 decision for ease of reference. The decision set out actions required to accomplish an objective agreed by the parties for the restoration of a workplace of mutual respect and responsibility, free from discrimination and harassment.
2Paragraphs 3, 4, and 7 are accomplished or ongoing.
3Paragraph 5 is deleted. The action contemplated will be dealt with by the SAROCC steering committee.
4Paragraph 6 is complete. The Standing Orders at the Toronto Jail will be issued by the end of July 2010.
5The OM training contemplated in Paragraph 8 is complete. The peer coaching for new OMs will be completed by June 30, 2010, and will be ongoing for new OMs.
6The Superintendent issued a memorandum on December 10, 2009, pursuant to Paragraph 9. A follow up memorandum will be issued by June 10, 2010. The appropriate dress guidelines will be included in the new Standing Orders and will be consistently enforced.
7Paragraph 10 is addressed below.
8Pursuant to Paragraph 11, the X-ray scanner became operational on February 23, 2010, for visitors to the Toronto Jail. The handheld narcotics detector will be operational for inmate searches when necessary from September 30, 2010.
9Paragraphs 12 and 13 have been accomplished.
10The staffing analysis contemplated in Paragraph 14 will be completed as stipulated, by July 31, 2010.
11Pursuant to Paragraph 15, the training of all managers at the Toronto Jail in the conduct of PDPs, although started on January 18, 2010, has not yet been completed. The PDPs were to have commenced by January 1, 2010. This has not occurred. The order in the decision of April 15, 2010 is varied as follows. The training of the managers is to be expedited and completed to ensure they are all able to carry out a PDP. The PDPs on COs are to commence immediately. Those with anniversary dates between January and May are to have their PDPs done forthwith. The PDPs of other COs are to be done on their anniversary date. The PDPs are to be done on the current template. When an updated template is produced by the Ministry, the PDPs will be done on the new template.
12The task undertaken in Paragraph 16 is complete. The coaching program is implemented as of May 12, 2010.
13Re Paragraph 17, I reported to the parties on developments within the investigation and will report again at the next scheduled hearing.
14Re Paragraph 18, the Employer has implemented the following to address financial barriers that might impede racialized persons from becoming COs, including training costs. The 7-week college training costs $750 in tuition fees and $750-$1,075 in board and lodging. The employer currently provides interest-free loans on request of up to 50% of the costs. Loans are repayable at the rate of a minimum $50 payment per pay period beginning upon graduation. The Ministry is considering further improvements to this program. In addition, the Ministry’s recruitment strategy is being re-examined by the Ministry’s Recruitment Modernization Branch to increase the diversity of qualified candidates in the CO applicant pool.
15The Recruitment Modernization Branch of the Ministry is preparing a policy document on pre-screening procedures, inter alia, to achieve the objective referred to in Paragraph 19. The Employer will provide that document to the Union by June 30, 2010. The Union may require discussion of its content with the Employer.
16Paragraph 20 is accomplished and ongoing.
17By agreement, given that the Union has ongoing training in human and union rights, Paragraph 22 is removed.
18Re Paragraphs 10, 21, 23, 24 and 25:
a) The Union is to be provided with a copy of the proposed one-day training program regarding the Statement of Ethical Principles, by June 1, 2010. The parties’ contemplation is that the training will cover, among other things, the WDHP process, discrimination, harassment and hate and examine appropriate ways for dealing with these issues.
b) The Union will provide its response to the proposed training program, by June 15, 2010.
c) The preparation of the course is to be completed by July 15, 2010 and be ready for implementation by mid-August 2010.
d) By July 31, 2010, the Superintendent will provide the Union Local President with the schedule of employee attendance at the training.
e) All employees at the Toronto Jail are to be scheduled for such training by December 31, 2010. If for a legitimate reason an employee assigned to attend is not able to attend, that employee’s training can be carried over into 2011.
19With respect to Paragraphs 23 & 24, approximately 60% of the staff have completed one-day training in conflict management arranged by the Employer, provided by Centennial College. The remaining employees are scheduled to undergo such training by the end of June 2010. The Superintendent will provide the Union Local President with the schedule of employee attendance at the training.
20As part of Paragraph 23, and as part of the ongoing training of managers, a training workshop occurred May 26 and 27, 2010. The workshop explored the concept of values, reviewed the WDHP complaints process, and built fact-finding and alternative dispute resolution skills. Further ongoing training on the new WDHP policy will be provided as required.
21Re Paragraphs 26 and 29, the new WDHP policy is to be provided by the Employer to the Union by June 15, 2010.
22Re Paragraph 27, this task was completed on March 4, 2010. The link is to be found in the Corporate Services Division portion of the Ministry website.
23Re Paragraph 28, the information sought was provided in writing by the Employer on March 31, 2010.
24This completes the review of the orders issued in the Board’s decision of April 15, 2010. What follows are rulings on certain other matters that pertain to the renewal of the Toronto Jail workplace.
25The Board’s decision of June 30, 2009, at 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 reserve their entitlements to initiate a meeting to consider the original proposals.
26Ms. Allyson Ayers’ role as a Deputy-Superintendent at the Toronto Jail requires some clarification. She has been seconded to the Toronto Jail by the Employer at the instance of the Board. Her role is important. She is assigned by the Board to ensure the implementation of the decisions issued in these matters and to supervise the restoration process. Her role is multi-faceted. She is responsible in the first instance to the Board, to ensuring that the obligations the Employer and the Union have undertaken – to restore a workplace free from harassment and discrimination – are accomplished. Her role is to require that all systemic remedies agreed by the parties are properly implemented by all responsible for their implementation, pursuant to orders of the Board. She is the coordinator of the Coordinating Committee. She is the Board’s direct liaison between the local Union and the Superintendent. Ms. Ayers is also a support person to those who have been hurt by the events at the jail, giving rise to the grievances, over the past five years. She is expected to liaise closely with the Superintendent of the Toronto Jail to ensure that the above functions are fulfilled as expeditiously and smoothly as possible.
27Pursuant to agreed objective #47 in the Board’s decision of August 11, 2008, those within the Employer responsible for managing the Attendance Management Program will, when exercising their discretion, take account of: the Return to Work Protocol, if any, of the individual concerned; the individual circumstances of the employee, particularly their experience of the events that gave rise to these proceedings; and the genuineness, or lack thereof, of the employee’s absences.
28A further hearing date will be scheduled for reviewing the orders and directions issued above.
Dated at Toronto this 11th day of June 2010.
Group A
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
Group B
Grievor
GSB#
Union File #
Adair, Allan et al
2005-3857
2005-0530-0050
Cooney, Guy
2005-3858
2005-0530-0051
Perunovic, Stefanka
2005-3862
2005-0530-0055
Tanel, Luciano
2005-3864
2005-0530-0057
MacKey, Nigel
2005-3868
2005-0530-0061
Jagpal, Sam
2005-3872
2005-0530-0065
Flanagan, James
2005-3877
2005-0530-0070
Fryginberg, Elina
2005-3878
2005-0530-0071
Durdle, Philip
2005-3881
2005-0530-0074
Brown, Sidney
2005-3885
2005-0530-0078
Bazger, Hamza
2005-3887
2005-0530-0080
Parna, Elmar
2005-3892
2005-0530-0085
Montgomery, Mavis
2005-3897
2005-0530-0090
McNeely, Elizabeth
2005-3899
2005-0530-0092
Valaitis, Laura
2005-3900
2005-0530-0093
Pacheco, John
2005-3902
2005-0530-0095
Agnello, Tania
2005-3903
2005-0530-0096
Lino, Angelucci
2005-3904
2005-0530-0097
Ardito, Santa
2005-3905
2005-0530-0098
Bartosiewicz, Agnes
2005-3906
2005-0530-0099
Bolton, Karen
2005-3907
2005-0530-0100
Brooks, Tim
2005-3908
2005-0530-0101
Fitzpatrick, Carrie
2005-3911
2005-0530-0104
Hauery, Mark
2005-3913
2005-0530-0106
Haars, Catherine
2005-3914
2005-0530-0107
Kotsovolos, George
2005-3915
2005-0530-0108
Miklasz, Stanley
2005-3916
2005-0530-0109
Robbescheuten, Crystal
2005-3918
2005-0530-0111
Phillips, Stana
2005-3919
2005-0530-0112
Leppan-Triolo, Barbara
2005-3921
2005-0530-0114
Jacklyn, Denise
2005-3924
2005-0530-0118
Pacheco, John
2006-0040
2006-0530-0005
Pacheco, John
2006-0041
2006-0530-0006
Pacheco, John
2006-0042
2006-0530-0007
Christensen, Robert
2006-0138
2005-0530-0119
Pacheco, John
2006-0620
2006-0530-0016
Phillips, Stana
2006-0624
2006-0530-0020
Pacheco, John
2006-2272
2006-0530-0086
Leppan-Triolo, Barbara
2006-3129
2007-0530-0013
Miklasz, Stanley
2006-3131
2007-0530-0015
Nesovic, Zeljko et al
2008-1029
2008-0530-0048