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 MacLeod, The McLeod Group, Barristers and Solicitors
Jim Paul Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Lisa Compagnone, Cathy Phan & Melissa Nixon Ministry of Government Services Labour Practice Group Counsel
HEARING
June 27, July 21, July 23-25, July 28-31, August 1, September 9, 2008, January 30, March 2 & 4, March 23 & 26, May 11, 13 & 14, October 15 & 29, 2009, January 11, April 6, May 5, August 24, October 27, 2010, February 1, May 6, July 5, 2011.
Decision
1This decision is the final decision in the long line of decisions dealing with systemic remedies at the Toronto Jail.
2On July 11, 2008, I issued a decision that described the process that would be applied in order to address the various policy, group and individual grievances that arose from the circumstances in the Toronto Jail in the period from early 2005 until 2008. The decision reads (omitting unnecessary details), as follows:
This decision concerns grievances arising from circumstances at the Toronto Jail (“the Jail”).The decision sets out the orders I make for the hearing and resolution of these grievances, based on the parties’ submissions. To the extent that the list of grievances cited is not accurate, either party may raise that issue with me.
I note the previous agreement of the parties to proceed by way of mediation-arbitration (also referred to as “med-arb”), pursuant to Article 22.16 of the parties’ collective agreement, in the full knowledge that issues of human rights form a significant feature of the issues in the grievances.
The mediation-arbitration is directed to accomplishing the following objectives:
- To provide the grievors with an opportunity to tell what happened to them, and to feel, at the end of the process, that they have had a fair opportunity to be heard;
- To provide management with an opportunity to provide its response;
- To reconcile all of the different constituencies in the workplace at the Toronto Jail by agreeing upon systemic remedies;
- To provide a basis for effective ongoing reconciliation of differences between the various constituencies within the Jail;
- To ensure that the systemic remedies agreed on are properly implemented by all of the constituencies;
- To settle the grievances in a manner that is fair to each grievor, given their particular individual circumstances, and generally reasonable;
- To achieve these objectives within the relatively near future.
To accomplish the above objectives I recognize the following:
a. an individual dimension (the opportunity for the individual grievors to be heard and, if possible, ultimately to feel vindicated),
b. a collective and organizational dimension (the re-constituting of the relationships in the workplace and developing systemic remedies), and
c. a legal dimension (the resolution of the grievances).
I note that there are various interest groups in the individual and legal dimensions, and there are various constituencies in the collective and organizational dimension. The details of these groups and constituencies will be identified further as the process proceeds. The parties will start with the following:
a. Individual groups
i. Group A grievors – those claiming they have been discriminated against because they are racialized:
Recipients of the letters
Those named in the letters
Those who claim to have experienced racist incidents
The remaining grievors who believe themselves to be at risk of racist acts at work because they are racialized
ii. Group B grievors
Those who claim to be wrongfully accused of writing / sending the anonymous mail.
Those who claim to have suffered by association with or support of those who claim to be wrongfully accused.
Those who claim to have been wrongfully implied to be responsible for the anonymous mail.
Those who claim to have been wrongfully targeted by co-workers, management or any third party during the course of any investigation/process relating to the anonymous mail or any racist conduct, including those claiming to:
a. Be wrongfully identified as a suspect or person of interest.
b. Be defamed, threatened, coerced or ostracized in any fashion.
c. Have suffered property damage or other costs in association with the poisoned environment.
d. Be wrongfully disciplined.
Those who claim they have suffered a poisoned work environment as a result of wrongful accusations of racism against themselves or co-workers.
Those who claim to have experienced racist incidents in relation to the anonymous hate mail.
Those who claim to have had to attend at the poisoned workplace where they claim to be potentially targets of racist acts on any given day.
iii. Group C grievors
Those assigned by the Union to Group A or B who feel uncomfortable with that assignment.
b. Organizational constituencies:
i) Management
Senior management within the Ministry (Operations and Human Rights & Organizational Change)
The Superintendent and the senior management staff at the Jail
Operational management at the Jail, OM16s
Other influential constituencies
ii) Union
the Union provincially – MERC representatives
the Union local executive
Group A grievors
Group B grievors
Other influential constituencies.
I stipulate the following concerning the media. The media are excluded from the process. If there are media inquiries, the parties will provide a joint statement, as follows: “the parties are currently working on an agreed process to resolve individual and workplace issues, and are not in a position to give more detail”. There will be no discussion of details of the mediation-arbitration process until the process is resolved. However, if there is an unanticipated development not associated with this process at the jail, no media statement will be made that could harm the mediation-arbitration process.
There will be four broad parts to the mediation-arbitration process, intended to address the issues and achieve the above objectives. The first will involve private hearings, with small attendance, for some of the individual Grievors (“the first part”). The second will involve hearings attended by representatives of all of the relevant constituencies in the Jail at which the Grievors and the Employer will have a representative opportunity to inform all present of the grievances, and the circumstances giving rise to them, and of actions taken to remedy the situation (“the second part”). The third part will involve the organizational constituencies in an organizational initiative designed to agree upon values and to re-constitute relationships within the Jail and to address systemic remedies sought by the parties (“the third part”). The fourth part will be an expedited mediation-arbitration of the claims of each of the Grievors (“the fourth part”).
The parties will provide a will-say statement for each person selected to testify, the selection being subject to my overall direction. The will-say statement will give an account of the individual’s experiences, to be followed at the hearing by the individual telling their experience based on the will-say. This might be supplemented with other documents (e.g. copies of the letters, doctors reports, etc.). All of these documents will to be produced at least 7 days in advance.
Attendance at the first part will consist of those representatives of the parties in the coordinating group (“the coordinating group”) I have consulted on this process to date, with the affected Grievor, and with a senior representative of the Ministry’s operational management. To the extent a Grievor wishes to have an individual or individuals present in support, within reason, hat will be permitted.
If possible, the parties should produce an agreed common bundle of documents, preferably electronically.
At the close of a Grievor’s narrative of what occurred, some preliminary discussion of settlement of the Grievor’s claim will occur. For this, as with all other parts of the process, I reserve the right to exclude any person, and I will likely meet only with the parties directly affected once discussion of the parameters of settlement of individual claims occurs.
There will be no cross-examination. There may be some questioning, for the purpose of clarification, from counsel for the parties (management, group A, group B) and by me.
The timing of the first part of the process is as follows:
The October dates may be used, if necessary, for continuation of the first part. Otherwise, those dates will be used for the fourth part, the mediation-arbitration of individual grievances.
The purposes of the second part of the process will include: to enable the different constituencies in the Jail to hear each other in a respectful, tolerant manner; to allow individuals who have suffered some harm from past occurrences to speak of these occurrences and of the harm, without interference; to build understanding of the actions taken by various affected individuals; to facilitate reconciliation between the various organizational constituencies in the Jail. Management may wish to explain the efforts it made to address the problems identified in the grievances, and to address such other matters as it thinks appropriate.
Attendance in the second part will consist of those in the first part and representatives of each of the different constituencies described above. Those who will participate in the organizational initiative (the third part) will be present to hear what is said in the second part. I will issue a further decision in due course listing those entitled to attend the second and the third parts. No persons other than those so listed will be admitted to the hearing. Name tags will be issued to the participants and returned at the end of each day.
Lists of those who the Union and the Employer propose will attend the second and third parts will be submitted to me by the parties by June 27, 2008.
The sequence of the second part hearings will be as follows:
[Here is set out the timetable giving each of for Group A Grievors, Group B Grievors, members of management and representatives of the Ministry opportunities to present their statements.]
There will be no cross-examination. There may be some questioning, for the purpose of clarification, from counsel for the parties (management, group A, group B) and by me and by the facilitators engaged by the parties, Brian McLean and Dana Randall, who will be present in the second part and who will assist me in the third part of the process.
At the conclusion of the second part, I may prepare a very brief summary of my observations, to be shared with the coordinating group, and subsequently introduced into the third part.
The third part is a concentrated process, representative of the different constituencies, intended to address systemic remedies and to develop shared values. It will take place in the period July 28 to August 1, 2008 enable the following:
Each group will identify the problems it believes have led to a polarized, poisoned work environment.
Each group will be urged and engaged to suggest what each group / employee /member of management / union representative can do to ensure, on an on going basis, that the work environment is fair, respectful, efficient, and free from discrimination and harassment.
The third part will result in the development of a common set of agreed objectives from the lists proposed by the various constituencies. This will be done through a process of facilitated discussion.
The parties will jointly identify (by re-constituted sub-committees drawn from the different constituent groups) the actions needed to be taken to achieve the objectives.
Suitable structures will be established to supervise the ongoing realization of the objectives with an agreed timetable.
Procedures for review of the process will be agreed upon to review the implementation of the agreements reached.
The rules described above for the second part will apply to the third part.
The expectations of the participants should be that their attendance will be required from 9 am each day until 5pm each day from Monday, July 28, 2008 to Friday, August 1, 2008, and such later time each day as I may require.
The terms of Article 22.16 will apply to all parts of the mediation-arbitration process.
The fourth part will commence in October 2008 and continue until all of the grievances are determined. At the conclusion of the process, for those grievances not resolved by agreement, I will issue a brief decision determining each grievance.
3The majority of the individual grievances were resolved through mediation. A small number of individual grievances were arbitrated utilizing the expedited mediation-arbitration process pursuant to Article 22.16.
4The “third part” of the mediation-arbitration process (as described above) occurred from July 21, 2008 to August 1, 2008. During this period each of the constituencies that made up the Toronto Jail (as described above) worked together to develop a common set of Objectives of Principles in order to improve the work environment at the Toronto Jail. These Objectives of Principles are reflected in my decision dated April 2, 2009. These objectives then formed the basis for a series of action plans the parties agreed upon, or where failing agreement, I had ordered, so as to bring about systemic improvements at the Toronto Jail. Following these meetings I issued a decision dated June 30, 2009 in which I set out the 48 Objectives Requiring Action and related action plans to which the parties had committed themselves or which have been ordered.
5After the original organizational decision was released the parties set upon achieving the objectives set out. Over the course of the next 3 years the parties met every few months in order to a status update as to the progress that had been made towards achieving each of the 48 Objectives Requiring Action. Following each status update meeting I issued a decision setting out which action plans had been achieved and identified which remained outstanding. With respect to the actions that continued to remain outstanding I ordered the responsible party to implement the action within a specific timeframe. These decisions are: August 11, 2008 - 2008 CanLII 70513 (ON G.S.B.); November 17, 2008 (unreported); March 27, 2009 (unreported); March 23, 2009 (unreported); June 30, 2009 (unreported); July 15, 2009 (unreported); August 11, 2009 - 2009 CanLII 59134 (ON G.S.B.); October 20, 2009 - 2009 CanLII 66563 (ON G.S.B.); April 15, 2010 - 2010 CanLII 28606 (ON G.S.B.); June 11, 2010 - 2010 CanLII 42113 (ON G.S.B.); November 29, 2010 - 2010 CanLII 72679 (ON G.S.B.); December 15, 2010 (unreported); March 8, 2011 - 2011 CanLII 23166 (ON GSB); and May 10, 2011 - 2011 CanLII 36565 (ON GSB).
6Subject to the ongoing challenge by the Union to the adequacy of the investigation into the hate letters, which is the subject matter of decisions dated December 15, 2010 and May 6, 2011, I am now satisfied that each of the agreed actions to accomplish as set out in the June 30, 2009 decision has been carried out and that each agreed action has been or is being implemented.
7In reaching this conclusion I have considered the process as described above and the regular meetings I have conducted with the parties over the last three years. I have also relied on information and evidence provided to me in the other portions of the mediation/arbitration process. My findings and conclusions as to the changes in the workplace since 2008 are set out in my decisions dated December 16, 2010 respecting the Cox case and my decision dated May 24, 2011 respecting the “poisoned work environment” cases and those findings and conclusions form part of this decision.
8In this final decision I set out each objective and its corresponding action plan as well as the date I determined the action to have been accomplished.
No.
Objective
Action Plan
Completion Date
The agreement reached by the parties in this process and the objectives determined should be published within the Toronto Jail.
The Superintendent will issue a memorandum to staff informing them of the GSB decision to follow containing these objectives. (1.1)
March 23, 2009
Management will issue to each staff member working at the Toronto Jail a copy of the GSB decision incorporating these objectives. (1.2)
March 23, 2009
For those not working in the Toronto Jail, the employer will send the document to the employee via registered mail and via regular mail. (1.3)
March 23, 2009
This has been added to the Orientation Training curriculum from September 2008 for new Correctional Officers by the Institutional Training Officer. While the report is being done of the decisions arising from this process, the Union will be permitted two representatives to be present during this session at the scheduled time slot (at least one of whom will be a representative cognizant of the lived experience of racialized employees, and both of whom are employed at the Toronto Jail), subject to the one-hour time limit. (1.4)
June 30, 2009
The agreements reached in this process and the objectives determined should be properly supervised and implemented, and adequately resourced.
A coordinating committee is appointed consisting of Superintendent Small, Jeff Dvorak, and Mark Brewster (“the Coordinating Committee”). Their task is to ensure that the objectives and action plans arising from these objectives are properly completed by those assigned the various tasks. (2.1)
March 23, 2009
A further meeting will take place of such persons as the Coordinating Committee may require on October 8, 2008 for the purpose of ensuring that the tasks to achieve these objectives are completed. (2.2)
March 23, 2009
On May 13 and 14, 2009, a full review of these objectives, the action plans, and their realization will take place. (2.3)
June 30, 2009
The Coordinating Committee will review the proposed tasks listed below under the various headings, in consultation with those who have been assigned to the specialist sub-committees, in order to decide what further tasks need to be determined, the persons to whom those tasks are to be assigned, and the date by which the tasks are to be completed. (2.4)
May 14, 2009
The Coordinating Committee will stipulate responsibilities for completing all of the tasks by a specified date. (2.5)
May 14, 2009
The Coordinating Committee will provide written details to counsel for the parties, and to the Vice Chair, of the complete list of tasks, those responsible for their completion, and the date by which each task is to be completed. (2.6)
May 14, 2009
As needed, meetings of the Coordinating Committee will take place to discuss unresolved issues relating to racism, sexism or sexual orientation in the workplace and attempt to reach consensus as to how they will be addressed. Should the Coordinating Committee fail to resolve the issue by consensus, either the Union or the Employer may refer the matter to the Board. This does not preclude the Union or any individual from pursuing a grievance.
Ongoing
Those individual grievors, who have not yet returned to the workplace, should meet, during the period agreed between the parties, with both the Employer and Union representatives, to address any outstanding return to work issues
Ongoing
The division in the Local should be examined.
Mr. Dvorak and Mr. Brewster will consider how best to achieve this objective.
There should be a process of communication between senior management, OMs and the bargaining agents regarding day-to-day issues, subject to equal union/management representation
A forum or advisory group should be created where OMs can meet to ensure consistency among their peers so that OMs can take concerns directly to the senior administration group.
April 16, 2009 and Ongoing
Subject to entitlements under CECBA, the parties should implement agreements reached under this process, despite any collective bargaining disputes.
March 23, 2009
The SAROCC Steering Committee should consider ways in which the local SAROCC at the Toronto Jail can be made more accountable and more accessible to the bargaining unit, while maintaining its character as reflective of the diversity in the workplace.
In accordance with the SAROCC Terms of Reference, minutes will be signed off and posted on a Board for public review in the “mousetrap”. Assigned Responsibility: Management and Union Co-chair representatives.
July 1, 2009
There should be an active, vibrant, and fully resourced Local SAROCC at the Toronto Jail operating in accordance with the provincial Terms of Reference.
June 30, 2009
The Local President, or nominee, should participate in the local SAROCC.
May 31, 2009
Management, in conjunction with the Union, should issue a Statement of Respect, with an identification and condemnation of specific kinds of conduct in the workplace by all staff (management and employees), including harassment, bullying, racism and other forms of discrimination
A Statement of Respect has been prepared by the Coordinating Committee for distribution. (11.1)
May 25, 2009
The Statement will be read at muster for 10 days after it has been signed off on, and, then every 90 days by a member of management. (11.2)
May 25, 2009 and Ongoing
The Statement should be read at all department meetings and on each agenda for all departments. (11.3)
May 25, 2009 and Ongoing
A laminated copy of the Statement will be posted on permanent basis on every bulletin board in every department, as well as posted permanently on the union board behind the glass. (11.4)
May 25, 2009
A copy of Statement should be issued to each staff member, and signed for by them, and included in the local standards of operation. It will be a small laminated version for each individual to have. All other documents to be issued to individual employees under this decision will be signed for individually by them to confirm they have each received the document concerned. (11.5)
May 25, 2009
All parties should foster and contribute to a workplace that is welcoming to a diverse workforce at the Toronto Jail.
A volunteer member of the Social committee and SAROCC to meet quarterly to organize culturally diverse topics and information sessions to be held quarterly in a “lunch and learn” format.
Ongoing
A diversity Map will be located at the front of the jail and employees will identify their place of birth by placing a pushpin on the map. Responsibility: The Superintendent approved in principle purchase of the map.
June 30, 2009
The Employer should focus on bringing professionalism to the correctional officer profession.
Management will encourage and provide professional training to employees where appropriate. (13.1)
March 23, 2009
Toronto Jail has signed an annual contract with Centennial College (Justice Program) to provide training in professionalism. It will be offered to all staff with an 8-module format which, if completed, would offer a “Professionalism Certificate”. (13.1.1)
March 23, 2009
Any CO who wishes to attend can attend. Depending on the needs it will be rotated as required. (13.1.2)
March 23, 2009
The Superintendent to consult with the Union on the ERC to determine how to advertise the Centre for Leadership (CFL) opportunities on a more wide-reaching level. (13.1.3)
May 28, 2009
There will be a proper set of standing orders established (13.2)
July 20, 2010
Management will encourage and recognize proper managerial training where appropriate (PDP Review; Learning Plan; Highlight and direct Managers to attend Management training courses on HR Ontario Learning and Development and Ontario Correctional Services College). (13.3)
June 10, 2010
There will be close supervision and consistent enforcement of all employment and inmate rules by staff. (13.4)
Ongoing
The Deputy of Operations has been briefed about the Superintendent’s concerns regarding consistent enforcement of rules, for Correctional Officers and Inmates. (13.4.1)
June 30, 2009
The Superintendent will include this as a Standing Item on all Staff meeting agendas. It is minuted in the OM Meeting February 24 and 26, 2009. (13.4.2)
June 30, 2009
Deputy Superintendent of Operations will determine methods to consistently enforce inmate rules amongst Correctional Officers. (13.4.3)
Ongoing
Formalized training will be provided to OMs when they are first promoted. This training will include peer coaching. (13.5)
November 29, 2010
Employees will work at their assigned posts unless there is a valid and documented reason for a change in that post. Personal conflicts will not constitute a valid reason for transfer. Any changes in post will be documented and justified directly to the Deputy Superintendent of Operations. This will be communicated to staff. (13.6)
May 31, 2009
Officers will dress in a professional manner as constituted by the standing orders, and such dress and deportment will be strictly enforced by management. (13.7)
July 20, 2010 and Ongoing
Specific guidelines will be prepared on what is considered “appropriate” dress. (13.7.1)
December 10, 2009
The General Duty Manager will discuss the importance of dress and deportment. (13.7.2)
Ongoing
Staff should not presume guilt and should presume innocence. Employees should be educated about the Statement of Ethical Principles.
Reporting wrongdoings and assuming innocence will be addressed in human rights and diversity training and education sessions through a special component. During this training it will be emphasized to employees that reporting rule breaking enhances the safety of coworkers. (14.1)
December 31, 2010
Management will review the Statement of Ethics to make sure that it reflects these issues. In addition, the Statement will be posted throughout the Jail. (14.2)
May 25, 2009
Once prepared, the Statement of Ethical Principles will be read at muster for 7 days, posted in all departments and copies provided to each staff member. (14.3)
May 25, 2009
The Statement of Ethics will include the following issues: that proper judgment will be exercised by an employee when reporting rule breaking, and by management when considering a report of rule breaking; and that there will be no reprisal against an employee for reporting rule breaking. (14.4)
May 25, 2009
Management will continue to implement the action plan that was established following earlier security audits. The action plan includes, among other things, the addition of metal detectors, security cameras, handheld narcotic detectors, as well as a review of security threat group management. (14.5)
May 8, 2009, February 23, 2010 and October 20, 2010
Overcapacity problems will be addressed by increasing staffing levels in the Toronto Jail. The Ministry will undertake a staffing analysis. (14.6)
October 22, 2010
The Superintendent and the deputies will be present at, and tour, the Toronto Jail on a regular basis. (14.7)
Ongoing
The accomplishments of employees should be more frequently recognized in writing.
The managers have been given template letters to write reports of staff whose actions have gone above and beyond. The letters sent will be kept on the employee’s file.
Ongoing
Subject to the authority of the OPS, management should take steps to reform the PDP. Management should develop a transparent succession planning model & evaluate who in the workplace would be good candidates for promotion. Succession planning should include the coach officer program to keep experience in the institution. There should be regular formal evaluations for all staff. Management should ensure that its managers further develop and enhance competencies in managing a multi-racial and diverse workforce at the Toronto Jail.
The managers will be trained in conducting the PDPs. (16.1)
January 2010
Managers have been required by the Superintendent to perform PDPs for all COs, from May 2009, for completion by March 2010, on the CO’s anniversary date. (16.2)
November 29, 2010 and Ongoing
PDPs will be conducted annually for each CO by their immediate supervisor on their anniversary date. (16.3)
Ongoing
The Superintendent will consult OMs on persons they feel would be good for promotion. (16.4)
Ongoing
During the PDP meeting neither participant (manager & employer) will be responsible to another area. (In other words, they will be relieved from duties while the PDP takes place). (16.5)
November 29, 2010 and Ongoing
There will be a semi-annual review for persons requiring further guidance. The determination of the need for further guidance will be made by the Superintendent on the basis of the PDP and such other information as the Superintendent considers relevant. (16.6)
November 29, 2010 and Ongoing
Efforts should be made for retention of newly appointed OMs and COs.
Explicit disincentives for working at the Toronto Jail will be removed, e.g. paid parking, the lack of handcuffs. (17.1)
The Ministry will report in writing to the Board (copy to the Union) by November 13, 2009 of its proposal to address the Union request for paid parking at the Toronto Jail, given the special circumstances that apply here. (17.1.1)
January 11, 2010
Security Manager did an audit regarding handcuffs. Inventory complete. Old handcuffs replaced by new. (17.2)
June 30, 2009
Outstanding contributions to and accomplishments in the Toronto Jail will be frequently recognized by management. (17.3)
Ongoing
There will be a plaque on the front lobby for those that displayed unity, solidarity and professionalism. (17.3.1)
June 30, 2009 and Ongoing
The work environment in the jail will be improved by increases in staffing. (17.4)
Ongoing
Report obtained: There are currently 144 Classified COs and 20 Unclassified. The Jail is only 2 COs short of full complement. This item will be tied to the staffing analysis above. (17.4.1)
May 2009
The issue of the change from the 9-9 shift schedule to the 7-7 shift schedule will be addressed by the coordinating committee. (17.4.2)
June 30, 2009
As regards to General Duty Officers: a staffing analysis is necessary, and, if required, additional General Duty officers will be appointed. This will be addressed under the staffing analysis referred to above. (17.4.3)
October 22, 2010
There will be meaningful staff-run committees in the Toronto Jail through the existing Social and Wellness Committees. (17.4.4)
Ongoing
There will be improvements to amenities for COs. (17.6)
Access to more telephones. The aim is to have two lines for COs. (17.6.1)
June 15, 2009
Access to more computers. The aim is that two computers be installed in the guard room (so there are a total of 4 working computers for the COs) (17.6.2)
June 15, 2009
Free coffee and/or water. (17.6.3)
June 30, 2009
There should be a report to the union with regard to the newly improved training facilities. (17.7)
The Superintendent (with the assistance of Mr. Ruttle) will communicate to the staff and give orientation regarding the new training facility and its accessibility. (17.7.1)
August 31, 2009
An open house will be held as determined by Coordinating committee.(17.7.2)
September 2009
The Union should be permitted to address employees new to the workplace.
June 30, 2009
A formal coaching program should be implemented. The Employer should ensure that there is a formal selection process for coach officers. There should be additional training specific to the Toronto Jail.
Subject to the OED Recruitment Strategy, what is currently present in Bell Cairn orientation and the Toronto Jail training package will be reviewed to determine what can be kept and utilized and what needs to be amended and added. (19.1)
May 12, 2010
The following standards will apply for coaches (19.2):
Ongoing
A minimum of 5 years service. (19.2.1)
Ongoing
A demonstrated ability to work in a diverse workplace. (19.2.2)
Ongoing
A file review of the coach candidate, including reference to WDHP violations. If substantiated violations are found, the candidate can reapply once their name is removed from the WDHP tracking registry. (19.2.3)
Ongoing
An interview will be conducted by the ITM or a committee appointed by the Superintendent. (19.2.4)
Ongoing
The appointment of a coach will be by management. (19.2.5)
Ongoing
Coaches should be actively recruited by management. (19.2.6)
Ongoing
As coaching opportunities arise, a posting will be done seeking expressions of interest. (19.2.7)
Ongoing
An office who seeks to be appointed as a coach, who is not accepted, will be entitled to know the reasons. (19.3)
Ongoing
Coaching will include direct supervision by the coach of the new employee. Coaches will provide confidential performance feedback to the new employee. The coaching program will be used as an incentive for new COs to remain in the Toronto Jail. (19.4)
Ongoing
Workbooks will be issued at orientation to the new employee to be completed and signed by the coach, the employee and the manager. (19.4.1)
Ongoing
The details of all work and duties of Toronto Jail employees will be outlined. (19.4.2)
There will be 4 weeks of site-specific training, along the following guidelines (19.4.3):
1st week: Orientation
- Speakers: Union LEC/President
- Health & Safety Representative
- Mentor(s)
- Institutional Training Manager
- Finance Human Resources (19.4.3.1)
2nd week: Mentor & Shadow Together (not assignment)
- Physical layout of jail
- Introduce shadow to all areas of the jail, i.e. finance, personnel, healthcare, records, maintenance, kitchen, all musters. (19.4.3.2)
3rd & 4th weeks:
- Shadow observes mentor on line
- To the extent possible, 75% of time will be spent on what are solely general population inmate floors.
- Observe: 4A; 5A; 5C; programs; 1C; A&D; video court – but most time on 2 & 3.
- Mentor will review and evaluate shadow performance (19.4.3.3)
During Orientation
- The ITM delivers the Statement of Ethical Principles; and it will be read every day for the week of orientation.
- The 1st page of each module will be the Statement of Ethical Principles. (19.4.3.4)
There should be recreational events paid for by the Employer.
This will be done on a case by case basis. In addition, for events that are socially diverse in nature as to attract all staff regardless of age, family status or cultural background, the Employer’s OED will contribute $5,000 per annual to the Social Committee, this commitment to be reviewed in April 2010. (20.1)
April 2010
The scheduling of such events will be done in consultation with the Superintendent. (20.2)
April 2010
The union-management hate letter protocol should be reviewed and supplemented by a local protocol between union and management. The parties should explore ways to personally support those who receive hate letters and to reduce the impact of such letters in the Toronto Jail.
July 15, 2009
The Superintendent should confer with the Coordinating Committee to explore the appropriate further investigation of the hate crime letters.
The Union will respond in writing to the Employer’s written proposal concerning the investigation. (22.1)
January 20, 2011
The parties request the Vice-Chair to convene an appropriate meeting to advance this objective. (22.2)
May 6, 2011
In the event the parties do not reach agreement on how to address the Union’s request for further investigation of the hate crime letters, I remain seized.
A review of the investigation is ongoing. See my decisions dated December 15, 2010 and May 6, 2011
The parties should explore ways of promoting the image of its officers.
This matter will be addressed at the MERC table. The Union would like dress uniforms to be provided to the officers in the Toronto Jail. The Employer is considering the issue.
Ongoing
OMs should have input into the promotion process.
Subject to review of the PDP process and clear guidelines on how to assess performance, the Superintendent will arrange HR representative to ensure OMs have the appropriate training regarding the PDP/LDP process. (25.1)
November 29, 2010
In addition to the use of PDPs, requests by Correctional Officers to act as Operational Managers, Deputy Superintendent of Operations may seek input from OMs of persons who are suitable for acting assignments. (25.2)
Ongoing
Correctional Services should make every effort to ensure that all levels of the employee body are reflective of the community population Recognizing that certain employees have not applied for promotions due to what they have experienced as systemic racism, qualified employees should be encouraged to make themselves available for promotional opportunities and Management should ensure a fair and equitable process.
All internal development opportunities will be read on line-up for 10 days prior to closing. (26.1)
Ongoing
The information of internal development opportunities will be available for staff on bulletin boards, emails, P-drive, etc. (26.2)
Ongoing
The wording of the posting will reflect the spirit of equal opportunity, with racialized and aboriginal people encouraged to apply. (26.3)
Ongoing
Management will ensure that all Department Heads are given the postings and that they are made available to all the staff. (26.4)
Ongoing
OED has a responsibility to inform, encourage and support members of racialized groups and aboriginal peoples to apply for positions at all levels in Correctional Services. To that end OED will liaise with racialized and aboriginal employee organizations (including, but not limited to, the Ministry’s affinity groups, Workers of Colour Caucus and Association of Black Law Enforcers) in an effort to encourage potential applicants. (26.5)
Ongoing
The parties should explore removing financial barriers, particularly training costs, to individuals working in Correctional Services.
The Union will make suggestions to ADM Steve Small to achieve this objective. (27.1)
December 4, 2009
ADM Small will report of the Ministry’s exploration. (27.2)
June 10, 2010
The parties should explore methods of attracting and retaining staff at the Toronto Jail.
Dress and deportment will be maintained to a high standard. To this end the standards need to be established, who they apply to, how the staff will be advised of them, and what enforcement will take place. (28.1)
June 4, 2010
Clothing requirements at a Provincial level will be made more easily available for staff. Clothing will be available at the Institution or readily available. (28.2)
Ongoing
The Ministry will implement a pre-screening process that includes checks for racial intolerance.
June 30,2010
There should be clear guidelines regarding who gets promoted.
The Employer will ensure that the PDP process is firmly in place as it addresses staff performance. (30.1)
April 6, 2011
The Training Manager will provide guidance and make available on request the prerequisites / guidelines currently being used to promote/hire for positions within the institution. (30.2)
Ongoing
There should be a learning plan and assessment for management and staff to see whether those entering management can do the job, including whether they can act in a diverse environment. All managers up to and including Superintendents should receive specific hate incident training. Management should ensure that all managers at the Toronto Jail receive human rights training on a regular basis. Managers should receive specific diversity training that is updated regularly.
Diversity awareness will be included as part of the selection process for appointments to management to ensure a basic understanding of diversity. (31.1)
Ongoing
In the event a manager is found in violation in a race-based WDHP complaint, they will be sent for mandatory diversity training and their behaviour will be monitored on the tracking registry to ensure adherence to Ministry policy on diversity. (31.2)
Ongoing
Managers will undergo training that includes diversity bi-annually. (31.3)
Ongoing
Management Pay for Performance will have a diversity component in the PDP. (31.4)
June 30, 2009
Senior management will continue to clearly state, post and circulate expectations of Managers in regards to diversity and racism. (31.5)
Ongoing
Managers that experience or are targets of racism will be provided with the resources necessary to assist them. (31.6)
Ongoing
The parties should discuss the proposal that at the Toronto Jail for newly confirmed OM16s should go outside of the Jail for 6 months to ensure they have a balanced perspective.
Management will discuss this at Regional Management Meetings as a standing item.
May 21, 2009
Management level training should be given to OMs as soon as they are Promoted.
New managers will be assigned mentors that have a good understanding of diversity. (33.1)
Ongoing
New managers will be provided with assistance and training as needed. (33.2)
Ongoing
New managers will receive diversity training as soon possible upon their appointment. (33.3)
Ongoing
Management should ensure that all employees at the Toronto Jail receive human rights training on a regular basis. All staff should receive appropriate anti-hate and Human Rights training. There should be mandatory training for all staff in the WDHP process. WDHP Training should deal consistently with all racist language. All new and existing staff should also be provided with training that includes a contemporary perspective on hate, racism, sexism and other prohibited grounds. Part of this process is that staff should receive orientation to the Ontario Human Rights Code. There should be diversity training at the outset of training to become a CO.
The current Toronto East training course – Anti-Racism / Anti-Sexism – will be adapted for all employees (other than managers) at the Toronto Jail, taking account of the objectives above. (34.1)
January 31, 2010
Attendance at the course (8 hours) will be mandatory. (34.2)
January 31, 2010
The Union should make available to its stewards at the Toronto Jail human rights education on a regular basis.
The Union is providing a course, Human Rights – Union Rights, every 3-6 months. This will continue. (35.1)
Ongoing
All parties should ensure joint union-management conflict resolution –ADR training at Toronto Jail
OED is preparing a system-wide fact-finding ADR training for managers for Fall 2009, and the Toronto Jail is deemed a priority. (36.1)
May 26 & 27, 2010
All Staff will be required to take the following two modules to be delivered by Centennial College: “Professional Development Conflict Management” and “Professional Development Developing Positive Peer Relationships”. (36.2)
June 11,2010
The joint training of union and management representatives will be discussed by the parties. (36.3)
Ongoing
There should be better leadership, conflict resolution and collective agreement training for all management.
Mary Lynn Ingratta will highlight courses available from the HR Ontario Learning and Development and Ontario Correctional Services College, and send a package to all Managers, this will be included as Part of the PDP Learning Plan. (37.1)
May 31, 2009
Mary Lynn Ingratta will review what is available through Bell Cairn, SSB (Shared Services Bureau), Centre for Leadership (CFL) and send a package to all Managers. (37.2)
May 31, 2009
For all managers there will be a booklet with training on: WDHP & Human Rights.(37.3)
May 26 & 27, 2010
Upper management should provide appropriate respect and support to the decisions that OMs make. The disciplinary powers of OMs should be clarified.
The Superintendent will develop a formal meeting process for OMs. The OMs will be given time to meet, discuss their issues. (38.1)
Ongoing
To ensure consistent application of the rules, the OMs will get together in their meeting and discuss, as a group, how they will consistently administer and enforce the rules. (38.2)
Ongoing
Once the standing orders are revised, the Superintendent will ensure that all managers are knowledgeable of the orders so they can be consistently applied. (38.3)
June 11, 2010
The Training Manager will arrange for the training of OMs on the standing orders. (38.4)
June 11, 2010
All parties should take steps to improve communication at the Toronto Jail so everyone has up-to-date information about the workplace.
To increase accountability the Superintendent will arrange for a revised organizational plan, with roles and responsibility for each of the boxes, starting at the top with the Superintendent down to the COs. The organizational chart will show the lines of authority, roles and responsibilities for each Dept and Dept Head. (39.1)
May 2009
The delegated authority of OMs will be clarified in written form by a direction to the appropriate link. (39.2)
March 4, 2010
All parties should ensure that Toronto Jail staff receive recognition for contributions to promote diversity and respect for human rights.
Local SAROCC is coming up with criteria for selection. (40.1)
October 13, 2009
Subject to management’s rights, there should be fair rotation of acting positions drawn from a roster of qualified candidates.
This is being done for COs and will continue (41.1)
Ongoing
For non-CO positions, the Superintendent will investigate this. (41.2)
Ongoing
The parties should clarify their respective rights, and responsibilities, in relation to allegations made in the media concerning the workplace.
The Ministry will provide in writing the rule that applies to the issue of employees speaking to the media, including any written policies that may exist.
June 1, 2009
All staff should be advised of the disclosure of wrongdoings provisions in the Public Service of Ontario Act, 2006 (PSOA).
The Superintendent will do a memorandum to staff advising of the access link to the Disclosure of Wrongdoing Directive and have written copies in the office of each senior manager and of the GDM. (42.1)
June 12, 2009
Management should clear up the backlog of WDHP complaints at Toronto Jail as soon as possible.
Where there are WDHP files consistent with the issues in this case, they are suspended and subsumed in this process. There are other WDHP processes at the Toronto Jail that follow the regular procedure. The backlog with respect to those cases has been cleared. (43.1)
June 30, 2009
Subject to developments within the OPS regarding the WDHP, the parties should meet to consider the following proposed objectives and actions (145, 148, 153, 154, 155, 156, 157, 158, 159, 161, 169, 170, 175, 177, 178, and 179), which proposals were made by one or other party.
Management will provide a written document by August 31, 2008 in response to the proposals concerning the WDHP. (45.1)
June 30, 2009
The parties will meet to consider the following outstanding proposals:
During the initial stages of a human rights conflict at the Toronto Jail between bargaining unit members the union should review both sides of the story, and provide representation in a way that advances restoration of a harmonious workplace. Management should stop soliciting anonymous tips. There should be a duty to cooperate with the investigation. The Superintendent should levy the penalty, with notice to the complainant as soon as it’s levied. There should be union input into the parameters of CISU investigations. All WDHP investigations and the decisions in respect of discipline, if any, should be completed within 60 days after they are filed. There should be short deadline for filing WDHP complaints, e.g., 24 hours. The steps above should be completed within 48 hours of the incident. There should be quick decision on WDHP complaints within 30 days of complaint. There should be immediate disclosure in WDHP complaints to the accused of the name of complainant. There should be full written disclosure of allegations in WDHP complaints with necessary details. Employees should be permitted to file complaints of bullying and personal harassment and to have them properly investigated by management irrespective of whether they raise issues of conduct prohibited by the WDHP policy, and management should be required to hold managers and other employees who conduct themselves in this manner to account. There should be consequences for the Superintendent and other management for failure to follow the above protocol. Management should transfer individuals who do not comply with a police request to be questioned as part of a hate crime, or they should be removed from the workplace until the investigation is completed. Management should take steps to ensure that the anonymity of employees who report wrongdoings are protected. All COs should cooperate fully with CISU if the investigation is fair and unbiased. There should be full legal protection for a CO if charged with a criminal offence in the course of his/her duty, including full and prompt payment by the employer for legal defence with a lawyer of choice with no cap.
Upon review of the new WHDP Policy it was accepted that these matters had been appropriately dealt with by the changes contained in that Policy and were therefore not dealt with in this process.
The complainant and the manager should send an email to the deputy superintendent and superintendent at the facility.
March 8, 2011
The investigation should take place immediately, and should secure all physical evidence.
Ongoing
The details of the investigation should be provided to the superintendent.
March 8, 2011
Management should post the finding and disciplinary response in the jail without identifying the victim or the perpetrator.
March 8, 2011
The penalty for discipline based on racist conduct should be announced at muster for 10 days and the information posted in every department including the staff sign in area.
March 8, 2011
Health and Safety orientation and training should be provided to OMs.
All Managers will have a health and safety orientation training provided by an MGS health and safety officer before March 2010. It will be a part of their agenda, as a learning module. (46.1)
March 8, 2011
9The Parties are encouraged to continue their joint efforts to rebuild relationships within the Toronto Jail that are free from harassment and discrimination.
10I remain seized of disputes arising from the implementation of the systemic remedies described above, but in other respects, subject to the ongoing challenge by the Union to the adequacy of the investigation into the hate letters, which is the subject of decisions dated December 15, 2010 and May 6, 2011, this decision concludes the process of identifying and implementing the systemic remedies arising from the poison work environment in the period 2005 to 2008.
Dated at Toronto this 8th day of July 2011.
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
Cox, Leroy
2005-3884
2005-0530-0077
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