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 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
February 1, 2011.
Decision
1This decision follows those dealing with systemic remedies at the Toronto Jail. The process of systemic restoration has been founded on joint objectives and agreed actions to accomplish those objectives. In further consultation with the parties, at the hearing on February 1, 2011, further objectives and actions were agreed or directed by me after hearing the parties’ submissions. This decision records the progress on the outstanding actions previously required of the Employer and the Union, and the additional requirements.
2Paragraph references are made to the paragraphs in the decision of November 29, 2010.
3Re ¶7, the staffing analysis. The Employer handed the Union a copy of the staffing analysis, which is complete. The Regional Director accepted the staffing analysis recommendation. The result will be increased staffing of 18 FTEs. However, under the Ministry’s current hiring moratorium, hiring will not be the method of realizing the staffing recommendations. Instead, until the moratorium is lifted, the Superintendent will make other staffing arrangements to meet the staffing shortfall.
4Re ¶8, the implementation of the PDPs. 104 of 231 PDPs have been completed. The Superintendent undertakes that all of the PDPs will be completed by the end of March 2011. As of April 1, 2011, regular annual PDPs will commence on the Continuous Service Date (CSD) anniversary. Employer counsel will inform Union counsel by April 15, 2011 of the completion of the PDPs intended for completion by March 31, 2011.
5Re ¶16, the training delivered by OED on human rights. The training started on August 23, 2010 and was completed by December 6, 2010. In that period 17 workshops were delivered, and 259 staff were trained. The remaining staff, who were not available, will be trained by OED during 2011.
6Re ¶20, the new WDHP policy. Among the original objectives and actions adopted by, or required of, the parties, were certain Union proposed objectives (145, 148, 153-159, 161, 169, 170, 175, 178 and 179) that required further consideration. The Union had the opportunity to review these proposed objectives. It advised the Employer on January 26, 2011, as follows:
Further to the decision of November 29, 2010, the Union has reviewed paragraph 45 of the decision of June 30, 2009 and has determined that it is prepared to withdraw the following proposals for the following reasons:
Proposals 148, 155, 157, 161, 162, 163, 164, 166, 167, 170, 176 are withdrawn as the substance of these proposals has been addressed by the terms of the new WDHP Policy implemented in June 2010.
Proposal 168 is withdrawn as the substance of this proposal is addressed by the terms of the new WDHP Policy implemented in June 2010 and the provisions of Bill 168;
Proposals 158 and 178 are withdrawn as these matters are determined by the provisions of section 22 of the Ministry of Corrections Act;
Proposal 175 is withdrawn as it offends the Charter rights of individuals;
Proposal 145 is withdrawn as it is not required as the Union has always fulfilled this requirement.
This leaves only proposals 153, 154, 156, 165, 169 and 179 to be discussed on February 1.
7As a consequence, the following proposed objectives remained for consideration: 153, 154, 156, 169 and 179.
8The parties agreed, or I ruled, as follows with respect to these remaining proposed objectives.
9As regards proposed objectives 153 and 156, the following will apply. In the event of a WDHP complaint being filed, the manager will immediately notify the Superintendent, or her designate, in writing of the complaint. Status reports of the investigation will be provided to the Superintendent. If the complaint concerns the Superintendent or above, the notification and reports will be provided to the next designated level of management.
10Proposed objective 154 is subject to further consideration. The Employer will investigate and report back on appropriate efforts to ensure that physical evidence is secured.
11As regards proposed objectives 165 and 169, the following will apply. To assure a WDHP complainant that the Employer has treated a race-based WDHP complaint as a matter of concern, at the conclusion of a substantiated WDHP complaint, the complainant will be entitled, on written request personally or through the Union, to know, in confidence, whether any action was taken against the respondent to the complaint and, if so, whether the respondent was terminated, severely disciplined (being, discipline more severe than a written warning), disciplined, or made subject to corrective action.
12As regards to proposed objective 179, this issue may be raised by the Union in collective bargaining, but it will not be the subject of a direction from the Board.
13Regarding ¶46 of the decision issued on June 30, 2009, the requirement of health and safety orientation and training for OMs (objective 128), the Employer advised that all OMs have completed the health and safety orientation and training, which has also been satisfied by the Workplace Violence Prevention Policy (WVPP) training.
14Re ¶26 of the decision issued on June 11, 2010, Ms. Allyson Ayers’ role as a Deputy-Superintendent at the Toronto Jail is now complete, she having fulfilled the function for which she was appointed.
15Given the progress in the implementation of the objectives and actions required of the parties, the Coordinating Committee is no longer required, having fulfilled its purpose. Further issues between the parties arising from the process they undertook to restore the workplace will be addressed by them through