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 & Cathy Phan Ministry of Government Services Labour Practice Group Counsel
HEARING
October 27, 2010.
Decision
1This decision replaces the decision issued on November 23, 2010. This decision is in the long line of decisions dealing with systemic remedies at the Toronto Jail. A series of objectives were agreed by the parties, or ordered by me where the parties were unable to reach agreement, to bring about the necessary systemic changes needed at the Toronto Jail and, pursuant to those objectives, action plans were agreed upon, or ordered where the parties were unable to reach agreement, for implementation. The decisions that preceded this have described the agreed objectives and the agreed action plans and the extent to which the actions had been carried out. There are now relatively few of these actions that remain to be fulfilled. Following a report-back by the parties on October 27, 2010, this decision records the most recent developments in the implementation of the outstanding action plans. No reference is made in this decision to those actions that have been previously recorded as accomplished or as ongoing.
2In referring to previous paragraphs [¶] of earlier decisions, the reference will be to the paragraph number in the Board’s decisions of June 11, 2010.
3Re ¶4: the Standing Orders were completed and issued to staff at the Toronto Jail on July 20, 2010. In addition each employee was given their own hard copy.
4Re ¶5: The peer coaching for new OMs is ongoing and the completion is anticipated by December 2010, with managers being assigned as coach/mentor.
5Re ¶6: The Superintendent issued the follow-up memorandum to staff regarding the dress code on June 4, 2010. There are also constant reminders and disciplinary action has been undertaken when there has been a breach of the dress code. This objective and action plan are substantially accomplished, and need only ongoing renewal when necessary.
6Re ¶8: The handheld narcotics detector has been operational for inmate searches when necessary from October 20, 2010 and training in its use is continuing. This objective and action is therefore accomplished.
7Re ¶10: The staffing analysis:
a) The Employer did not meet deadlines mandated in prior decisions. However, the Board had been informed that the staffing analysis had now been completed and was handed to the Regional Director, Mr. Conry, on October 22, 2010.
b) The Union has asked for the date on which it was completed. The Employer will provide the information to the Union, failing which the completion date will be deemed to be October 22, 2010.
c) Mr. Conry will meet with the ADM to discuss the report. The Employer will decide whether to provide a copy to the Union with a view to meeting with the Union to discuss the implications.
d) By November 5, 2010, Employer counsel will advise Union counsel whether the Employer will provide a copy of the staffing report. If so, it is to be provided promptly with a view to a discussion between the parties as to its implications. If not, the Union may approach me to set an early teleconference to address production of the report and its implications.
8Re ¶11: The implementation of the PDPs:
a) The training of managers in the PDP function is complete. The initial training was in January 2010 and the follow-up training was on June 10, 2010. The training required has therefore been accomplished.
b) The PDP catch-up process has begun. Managers were provided with the CO PDP list on June 2, 2010. 73 PDPs have been completed and 84 are in progress. Approximately 100 have not been commenced. The aim is to ensure that the PDPs be done annually on the anniversary of each employee’s continuous service date.
c) The Employer has undertaken to complete the catch-up of the PDPs so that every employee will have a PDP done by March 31, 2011, and so that the regular annual anniversary PDPs can commence from April 1, 2011.
d) This matter is therefore subject to ongoing review until April 1, 2011.
9Re ¶13: The adequacy and completeness of the investigation remains an issue between the parties. The investigation into the hate letter writing continues. On a privileged basis, a confidential review of the progress of the investigation was conducted to consider to additional steps to be taken on the outstanding investigation. The matter will be reviewed within the next 30 days and I will continue to monitor the process.
10Re ¶14: The Employer advised that, on further consideration, as referred to in ¶14, the recruitment program has been improved by increasing the interest-free loans from 50% to 100% of the cost. The objective and action plan informing this are therefore substantially accomplished and will be ongoing without specific review.
11Re ¶15: Pursuant to an earlier direction, the Recruitment Modernization Branch of the Ministry prepared a policy document on pre-screening procedures. This has been done to achieve the objective to ensure that racial tolerance, anti-racism and diversity experience are features of hiring and promotion with the Ministry. The Employer provided document to the Union by June 30, 2010, as required.
12Re ¶18a): As required, by June 1, 2010, the Employer provided to the Union a copy of the proposed one-day training program regarding the Statement of Ethical Principles. The training will cover, among other things, the WDHP process, discrimination, harassment and hate and examine appropriate ways for dealing with these issues.
13Re ¶18b): The Union provided no response, enabling the Employer to proceed with its proposals for training.
14Re ¶18c): The Employer’s preparation for the course was completed on July 14, 2010, within the time period required.
15Re ¶18d): The Superintendent provided the Union Local President with the schedule of employees attending the training in memos on July 30 and August 4, 2010, in substantive compliance with the requirement.
16Re ¶18e): The Employer advised that training commenced on August 23, 2010. As of October 26, 2010, 11 workshops had been held and 177 staff had received the training. The Employer anticipates completion of the training by December 31, 2010, as required. This action is subject to further review in due course.
17Re ¶19: The one-day training in conflict management arranged by the Employer with Centennial College was completed on August 24, 2010, with 254 employees receiving the training. Only 13 employees still require the training. They have not received it only because of their being on leave of one sort or another. Once they return to work, the training for them will be arranged. This action plan is therefore accomplished.
18Re ¶20: This objective and action plan is accomplished and will be subject to ongoing review only when necessary.
19Re ¶21: The new WDHP policy was completed and communicated OPS-wide on June 15, 2010. It will now be part of training provided to employees.
20Re ¶25: The 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 reserved their entitlements to initiate a meeting to consider the original proposals. Objectives and actions (145, 148, 153 to 159, 161, 169, 170, 175, 178 and 179) require discussion between the parties in light of the new WDHP policy. A meeting is set for February 1, 2011 for this purpose. Pursuant thereto:
a) at least 1 week in advance of that date the Union will tell the Employer:
i) which, if any, of the items are off the list, and
ii) who from the Union will participate in the discussions
b) thereafter the Employer will advise who will attend for the Employer
c) the parties will come to the meeting prepared for the discussions so that time is not taken up with preparation on the meeting date.
21Re ¶27: The Superintendent has reiterated the importance of this order to managers conducting Attendance Management Program reviews. The parties are satisfied that this objective is being accomplished and requires ongoing review only when necessary.
Dated at Toronto this 29th day of November 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