Please see the latest Lock Talk media release for February 10, 2010.
To view the document: Click Here!
Please see the latest Lock Talk media release for February 10, 2010.
To view the document: Click Here!
IN THE MATTER OF AN ARBITRATION
Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Benko et al) -and- The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) (Ministry of Children and Youth Services) BEFORE Brian M. Keller Vice-Chair FOR THE UNION Brian Gould Ontario Public Service Employees Union OPS Supervisor FOR THE EMPLOYER Lori Aselstine Ministry of Government Services Director Employee Relations HEARING January 28, 2010. DECISION [1] The Union filed a number of grievances, on behalf of its members, dealing with the Attendance Support and Management Pilot Program. Given the number of grievances, and the importance of resolving this matter as expeditiously as possible, the parties agreed on an expedited process to deal with the grievances. Essentially, it was agreed that the parties would provide me with whatever materials they considered relevant, and would then make submissions on the matter. I was asked to, after considering the materials, as well as the submissions. issue a bottom line decision, without reasons. I was requested, as well, to issue the decision in point form, for ease of understanding based on the parties submissions. After considering the submissions of the parties, as well as the documents submitted, I hereby make the following Orders: 1. The Attendance and Support Management Office of the Ministry of Government Services shall exercise reasonable discretion to deal with non-culpable absenteeism on a case-by-case basis at progression through levels of the program. 2. The Employer shall give proper consideration of implications arising under the Ontario Human Rights Code and preclude the consideration of absences that flow from a Disability as defined by the Code. 3. The Employer shall preclude the consideration of WSIB absences in making any determination at Level 4 of the ASMPP. 4. In the event of a declared pandemic by the World Health Organization or the Ontario Chief Medical Officer of Health, the Employer will consider wether to suspend the ASMPP, and notify OPSEU of their decision. 5. The Parties shall meet to negotiate a dispute resolution process to deal with grievances arising out of the ASMPP. 6. All of the grievances identified in Appendix A are hereby dismissed. Original Signed By _________________________ Brian M. Keller, Vice-Chair
Lock Talk
A publication of the OPSEU Corrections Division
January 29, 2010
JASIC targets met!
Your MERC Teams have learned that the attendance targets set out under the Joint Attendance Strategy and Implementation Committee (JASIC) have been met. Our congratulations to all Youth Services Officers and Correctional Officers in the Corrections Division.
As a result, outstanding overtime payments for all members should be processed imminently. As well, the employer will shortly provide the agreed additional lump sum payment of 2 per cent of your straight-time hourly rate as of December 31, 2009 for all hours worked in the period from the date of ratification to December 31, 2009.
To achieve the 2010 absenteeism target incentives, the attendance average for Youth Services Officers and Correctional Officers must be 176 hours or less as indicated in Article COR15.1 and COR 18.1.
Your MERC Teams thanks you for your continued support.
Employer waives probation for rollovers
The Ministry of Community Safety and Correctional Services (MCSCS) has agreed to waive the probationary period of all Fixed Term (Unclassified) Correctional Officers who were rolled over on December 28, 2009 under COR 9 – Letter of Understanding (Rollover of Fixed Term Correctional Officers).
Please note that the waiving of the probationary period is separate and distinct from the waiving period for vacation and benefits.
As per Article 44.2 of the OPS Collective Agreement, employees must work twenty (20) consecutive working days to qualify for short term sickness benefits. As well, insured benefits become effective the first of the month immediately following the two (2) months’ continuous service as per Articles 36.1 and 40.4
When starting employment, an employee is credited with pro rated vacation for the balance of the calendar year, but is not permitted to take until vacation she or he has completed six (6) months of continuous service.
The majority of the employees rolled over on Dec. 28 will have the six months continuous service needed to qualify to use vacation credits. Please check with management locally to confirm your continuous service date. For those who do not have the six months service, the employer does have the ability locally to grant vacation.
This applies only to MCSCS members.
The Ministry of Children and Youth Services (MCYS) MERC team continues to meet to discuss rollover entitlements for Fixed Term Youth Services Officers.
Original authorized for distribution by Warren (Smokey) Thomas, president, Eduardo (Eddy) Almeida, MCSCS MERC Chair and Glenna Caldwell, MCYS MERC Chair.
Ontario Public Service Employees Union, 100 Lesmill Road, Toronto, Ontario M3B 3P8
Dear OPSEU Members,
Ten (10) OPSEU members who are Medics have headed to Haiti to give a helping hand, doing not only Canadians proud, but our proud union of OPSEU.
Brother Seamus O’Connor and president of one of our OPSEU locals has stated that he would be keeping us informed of what was going on in Haiti with our members and we look forward to regular updates from him we hope to have it posted on our region #2 web site www.opseuregion2.com and maybe even the main OPSEU web site.
Here is Brother Seamus’ request;
I am Seamus O’Connor President Local 207 Halton Paramedic. I am e-mailing asking if OPSEU and/or OPSEU Locals can donate to assist some of our members who have left for Haiti.
OPSEU in the past has donated $5000 dollars to help ship an Ambulance to Haiti were one of our Medics, with his family have gone to live and help for the next year, prior to the devastation. As many of you are aware the area has just been devastated by an earthquake. Brother Grant (the brother who went with the ambulance) and his family are fine but the clinic they are staying at is being overwhelmed by the sick and injured.
We are hoping that through OPSEU, the Regions, the Locals and our own Local 207, to organize some financial assistance for a number of our medics that have left to go to the clinic in Haiti to help. There has been a personal cost in airfare and the use of their own time. If there is a way that OPSEU members can assist to help offset some of the costs to the Medics it would be greatly appreciated. Any funds that are donated will go towards these requirements, if there is anything left over, and the local will donate to a relief fund to assist the people of Haiti in the name of OPSEU.
Thank you and In Solidarity, Seamus
Please make cheques payable to;
Local 207
C/O OPSEU
55 Frid St.
Suite #1
Hamilton, ON
L8P 4M3
We have asked that the finial provincial sick time numbers be given to the union for review, as it is past the January 18th, 2010 date. We have also called for meeting dates, as we are sure there will need to be discussions around the numbers that are provided to the Union.
In the mean time the employer has indicated that they are holding overtime payments, following collective agreement language time lines of two months. The Union recommended that management continue paying overtime owed, at the very least at straight time, keeping the timetable for such payments as routine to prevent minimal disruption to those who work overtime.
The overtime numbers are going to have to be calculated regardless, keeping the straight time and half time separate should be a fairly easy exercise, at the very least easier than having to go back and calculating all the numbers at a later date, as we are sure that will create more issues.
We will keep the division informed as we progress.
In Solidarity, Corrections Division Executive
Greetings Division,
We hope you all had a good holiday season, as we all recognize that 2009 was a challenging year.
We want to provide a few updates:
As we have discussed at our 2009 all-president’s meetings, we are striving to enhance the professional image of our Correctional Services members with the public. These efforts are important in raising our profile as peace officers and correctional workers at large in this province. It will lead to better public support when we face everyday challenges and when we negotiate our contract.
We hope that the locals will look within their communities for programs and/or individuals that need our help. Some locals already donate time and money to charities and sporting organizations.
ASMPP
Although we have stated this clearly in previous communications, it is important to reiterate that OPSEU never agreed to the Attendance Support and Management Pilot Program. It was fully imposed by the employer. The Union has filed a policy grievance about ASMPP and that complaint is following typical processes.
There appears to be some confusion between ASMPP and The Joint Attendance Strategy and Implementation Committee (JASIC). JASIC is the committee that monitors the sick time numbers as indicated in the C.A. . See the December 23, 2009, Lock Talk for the JASIC Terms of Reference.
The union has already brought concerns forward regarding some of the numbers and the sites that are attached to them, as we do not see all things being equal when it comes to absenteeism. Some of our concern revolves around the H1N1 issue/period and how that would have affected our numbers in some cases.
Through this committee we are also looking for resources from management to assist our members in getting better, not penalize them for being ill, many times through no fault of their own but merely because of the working conditions they are subjected to.
CTO
The removal of CTO was a unilateral decision made by the employer and we are still actively pursuing a policy grievance on this matter as well.
SOME POSITIVE NEWS:
Our Regional ERCs are meeting in all four regions and we hope to see continued success at resolving issues with those forums.
We are working to have stage two hearings held every month at the local sites and have more grievances resolved there…rather than going to full arbitrations.
Management has agreed to waive the probationary period for all Fixed Term Employees who were recently classified under the Appendix COR9 – Letter of Understanding.
We will continue to pressure management to see that many of the recommendations that came out of the Security and Inmate Management Committee be moved on this year, such as the search dogs.
We have been making slow but steady progress with improving the labour relations at MERC and corporately. We will continue to do our best to improve the working conditions and safety for all our membership.
In Solidarity, Corrections Division
Lock Talk
A publication of the OPSEU Corrections Division
December 23, 2009
Terms of reference for JASIC now signed off
The parties met today and signed off on the Terms of Reference for the Joint Attendance Strategy and Implementation Committee (JASIC). It has been agreed that there will be one Committee composed of representatives from the Ministry of Community Safety and Correctional Services, the Ministry of Children and Youth Services, and the Ministry of Government Services. See the Terms of Reference attached.
The employer provided the third-quarter report on attendance statistics. As it stands, the target is in reach for 2009.
2009 average annual absences should be known by the end of January 2010.
Please be aware that should the target not be met, the employer will be invoking COR 15.1 which states that COR8.2.3 and COR16.1.1 shall be null and void and replaced with COR8.2.3A and COR16.1.1A, which affects overtime payments.
We would like to ask all members to verify using either the WIN system or via their payroll clerk their short term attendance data no later than January 2, 2010. Discrepancies should be disputed immediately at the local level.
We would like to take this opportunity to extend to all a happy and healthy holiday season. Best wishes for 2010.
Glenna and Eddy
Original authorized for distribution by Warren (Smokey) Thomas, president, Eduardo (Eddy) Almeida, MCSCS MERC Chair and Glenna Caldwell, MCYS MERC Chair.
Ontario Public Service Employees Union, 100 Lesmill Road, Toronto, Ontario M3B 3P8
Terms Of Reference: Click Here!
Greetings Presidents and Division,
Greetings Presidents and Division
Please see attached Communiqué and agreement regarding rollovers.
In Sol., Corrections
| Ministry of Community Safety and Correctional Services
Correctional Services Division Office of the Assistant Deputy Minister 16th Floor25 Grosvenor Street Toronto ON M7A 1Y6 Telephone: (416) 327-9911
OPSEU 100 Lesmill Road North York ON M3B 3P8 Tel: (416) 443-8888
|
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MEMORANDUM TO: Superintendents
Correctional Managers
Correctional Officers
FROM: Marg Welch
Ministry MERC Co-Chair
Eduardo Almeida
OPSEU MERC Co-Chair
DATE: November 27, 2009
SUBJECT: Rollovers of Fixed Term Correctional Officers
As you may be aware, a joint Employer/Union Rollovers Committee, a subcommittee of Ministry Employee Relations Committee (MERC) recently reached an agreement for Rollovers in accordance with COR 9 of the Collective Agreement. A copy of the agreement is attached.
Members of this Committee met on several occasions to discuss various ideas, options, and recommendations concerning the Rollovers in order to the change the status of long-term fixed- term Correctional Officers to regular status and to fill existing vacancies
As a result of the agreement, by late December, Superintendents will provide notification to the Correctional Officers who will be rolled over into the regular service at each of the 31 institutions.
We would like to thank all of the members of the Rollover Committee for successfully reaching an agreement on the Rollovers. Our thanks are also extended to the fixed-term employees for their patience during this process.
Originals signed by: Marg Welch & Eduardo Almeida
ROLLOVER MOA: Click Here!
We are asking the Corrections division to write the Minister either by snail mail or personal email (not work email) on your thoughts on inmate escorts, CCing Smokey, Brian Chauvin or Eddy Almeida, as well as your local MPP.
Ask Mr. Bartolucci to give the workers proper protection and training, not only for the workers themselves, but also to ensure that public safety is preserved.
In sol., Corrections
Premier Dalton McGuinty,
I am writing you this letter due to the situation that occurred on November 24, 2009 at Hamilton General Hospital. I will also be sending this to Mr. Bartolucci. As you may be aware two Correctional Officer’s that work for Hamilton Wentworth Detention Centre were held at gunpoint and assaulted while escorting an inmate to the hospital. This inmate had previous escape attempts and was in custody for pointing a loaded shotgun at a Toronto Police Officer. This resulted in a very dangerous inmate escaping custody and the general public being put in danger. The inmate still remains at large as I write this letter. Also the two Correctional Officer’s involved were not able to protect them self and are lucky to be alive.
I was looking online today at www.cp24.com and noticed Mr. Rick Bartolucci made the following comment to the media regarding the escape:
Province not ready to arm jail guards who escort inmates
“Community Safety Minister Rick Bartolucci says he doesn’t want more guns in situations like that. He says that could create other problems.”
“At this point in time, I would not be in favour of having jail guards carry guns,” Community Safety Minister Rick Bartolucci said outside the legislature Wednesday.
“They are in very, very close proximity to prisoners (and) carrying a gun brings about a whole other set of circumstances that may have to be dealt with.”
I have serious concerns and am very insulted in the Province of Ontario especially Mr. Bartolucci for not taking the lives of Correctional Officer’s serious. Also I would like to inform our Minister that we are Correctional Officers, NOT jail guards! Goes to show the amount of respect he has for us. I would also like to ask what experience does Mr. Bartolucci have in a jail? None that I know of, so how would he know about the dynamics when escorting an inmate? The Province has an obligation to protect its employees and the community. Correctional Officer’s are put in danger everyday and not given the proper equipment to do our jobs. Officers to this date are still not even issued handcuffs as part of the uniform equipment. One question I would like to ask is, why are armoured car drivers armed, yet us as Peace Officers in Ontario transporting dangerous offenders are not? We escort inmates who are murders, terrorists, gang members and escape risks everyday. Recently Border Guards were armed for their protection, yet we remain unarmed. Correctional Service Canada’s Officer’s are armed, but the Province of Ontario does not arm its Correctional Officer’s for community escorts such as hospital visits. Every inmate that is in a Federal Penitentiary came from a Provincial Institution, we have the exact same inmates as they house, yet we are left to stand alone when it comes to our safety. We also hold Federal inmates who are sent to our custody for court purposes. I know at the Toronto West Detention Centre, we have had escapes that could have been prevented and also have had Officer’s held at gunpoint. I am asking you to please consider this request to arm Correctional Officer’s in the Province of Ontario for the purpose of out of the institution escorts. It is for the safety of the Officer and the community. How can the Ministry be called “Ministry of Community Safety and Correctional Services” when they are obviously not concerned with safety at all? I hope to hear back from you in the near future.
Kyle Davis
Correctional Officer
Toronto West Detention Centre.
See Mr. Bartolucci’s Comments To The Media: Click Here!