0476-09-U The Crown in Right of Ontario as represented by The Ministry of Community
Safety and Correctional Services, Applicant v. Ontario Public Service Employees Union, Ontario Public Service Employees
Union, Local 234, and Emidio Casullo, Responding Parties.
BEFORE: Kevin Whitaker, Chair.
DECISION
OF THE BOARD: May 16, 2009
1. This is an application under section 100 of the Labour Relations Act, 1995, S.O.
1995, c.1, as amended (the “Act”) that was filed with the Board on May 14, 2009.
2. Having regard
to the submissions of the parties and the agreement of the parties to the process used to adjudicate and dispose of this
application, the Board makes the following findings of fact, declarations and orders:
i. Declares that OPSEU Local
234 encouraged and certain employees participated in an unlawful strike contrary to sections 81 and 79(1) of the Labour
Relations Act, 1995;
ii. Orders and directs that Maplehurst employees represented by OPSEU Local 234 and OPSEU
Local 234 and its officers, officials or agents cease and desist from encouraging an unlawful strike and/or participating
in an unlawful strike;
iii. Orders and directs that the Maplehurst employees represented by OPSEU Local 234 not engage
in an unlawful strike;
iv. Declares that a concerted refusal to work voluntary overtime and/or a concerted slow down
relating to the movement of inmates within the institution for the purpose of facilitating their court appearance would
constitute an unlawful strike;
v. Orders that the Maplehurst employees represented by Local 234 shall not engage in
the concerted refusal to work voluntary overtime;
vi. Orders that Maplehurst employees represented by Local 234
shall not engage in a concerted slow down relating to the movement of inmates within the institution for the purpose
of facilitating their court appearance;
vii. Orders and directs OPSEU Local 234 to communicate to the employees represented
by OPSEU Local 234 that a concerted effort of refusing voluntary overtime and a concerted slow down relating to the
movement of inmates within the institution for the purpose of facilitating their court appearance would constitute an
unlawful strike;
viii. Orders and directs OPSEU Local 234 to provide a copy of the order of the Board to all employees
represented by OPSEU Local 234;
ix. Orders and directs OPSEU Local 234 to post a notice setting out the order of the
Board on the Union bulletin board at Maplehurst and provide a link on the Union Local 234 blog to the order of the
Board;
x. That there are no orders and/or declarations and/or findings specifically against Emidio Casullo or
any specific individual member of OPSEU Local 234;
xi. It is the position of OPSEU, OPSEU Local 234 and Emidio Casullo
that neither the concerted refusal to work overtime, nor any slowdown of movement of inmates within the institution
as alleged by the Employer in its Application, occurred for the purpose of delaying or interfering with the court appearance
of any or all inmates;
xii. There shall be no discipline of any member of OPSEU Local 234 for any action or inaction
for any matters related to the Application up to and including May 19, 2009;
xiii. That OPSEU Local 234 and Maplehurst
employees represented by OPSEU Local 234 have issues regarding staffing, inmate capacity and health and safety;
xiv.
That the Provincial Joint Health and Safety Committee will conduct an health and safety meeting at Maplehurst in order
to deal solely with OPSEU Local 234 health and safety issues as noted in paragraph xi above, to be held within 45 days
hereof. The subject matter of the health and safety meeting will include, but is not limited to, issues related to the
safe and expeditious movement of inmates within the institution;
xv. That the Ministry Employee Relations Committee
(MERC) will conduct a meeting at Maplehurst in order to deal solely with OPSEU Local 234 staffing, inmate capacity issues
and concerns, to be held within 45 days hereof. The Employer will consider any request that OPSEU Local 234 be made
a priority in terms of implementing the Letter of Understanding dealing with Roll Overs;
xvi. That there will
be a meeting of the local Joint Health and Safety Committee scheduled for May 19, 2009 to discuss the issue of the process
associated with releasing inmates to the day room for purposes of pick up and escort to A and D;
xvii. That the
employees, Employer and Union have rights, responsibilities and obligations under the Occupational Health and Safety Act
and that nothing herein restricts or prejudices those rights, responsibilities and obligations;
xviii. That the
Board is seized with this order and its enforcement and either party may request that this matter be heard by the Board
expeditiously.
“Kevin Whitaker” for the Board
Local presidents to meet in Ottawa Local presidents will come to Ottawa on May 21 to discuss the ongoing labour relations
problems in the Corrections Division. The meeting begins at 9 a.m. at the OPSEU Ottawa Resource Centre at 1793B Kilborn Ave.
The purpose of the meeting is to bring local presidents up to date on what has been happening across the division with respect
to CTO and other issues, reports from the MERCs and legal counsel, as well as a strategy session on next steps. For more information,
please contact your respective Corrections or Children and Youth Services MERC Teams. CT-NO? Or CT-Depends? Since the
Ministry decided to unilaterally back out of long-standing mutual agreement in the OPS contract, CTO has become “CT-NO”
for Corrections Division members. However, rumour has it that managers in our adult and youth facilities are still able to
earn and use compensating time off for working overtime. Next time you see a manager, ask if he or she can still earn CTO.
If yes, we’re sure the Minister will have a good reason for this elitist inequity.
Judge blasts jail guards and
government after work-to-rule campaign at Maplehurst Detention Centre slows pace of court cases
May 15,
2009
Brian Caldwell and Liz Monteiro RECORD STAFF
KITCHENER
A judge warned yesterday that he'll free prisoners on bail if
they don't start getting to Kitchener on time for their court appearances.
"People who should be in jail are going to be on the street because
the government can't get them to court," Justice James Ramsay said.
"That's going to happen and it's going to happen soon."
For the last two weeks, prisoners have arrived several hours late
from the Maplehurst Detention Centre in Milton each day because of a work-to-rule campaign by jail guards.
Ramsay ordered the superintendent of the jail, Doug Dalgleish,
to appear before him yesterday to explain the delays.
He also blasted jail guards -- members of Local 234 of the Ontario
Public Service Employees Union -- and the provincial government for letting the situation drag on this long.
Ramsay said it is unfair, illegal and "every other thing in the
book" to deny prisoners their right to appear for scheduled court proceedings.
"You can't just lock someone up and leave them there," he said.
"That's not English justice."
Ramsay threatened to throw guards in jail for "deliberately interfering
with the administration of justice" and warned some criminal cases might be tossed out because of delays.
Dennis Brown, a lawyer for the Ministry of the Attorney General,
also appeared in court.
He said the province applied yesterday to the Ontario Labour Relations
Board to have job actions by jail guards declared an "illegal strike" and get an order forcing them to stop.
"Hopefully, it will be dealt with expeditiously," he said.
Dalgleish said the dispute stems from an agreement between guards
and the government on overtime.
During negotiations that led to ratification of a new contract
in March, he said, the province said it was planning to withdraw its consent for guards to bank overtime and use it for days
off.
When the government followed through after the contract was settled,
Dalgleish said, it led to a "groundswell of anger."
Guards have since been refusing overtime and meticulously following
procedures for the transportation of prisoners.
Dalgleish said the union characterizes it as "working safe," while
administrators consider it "working slow."
"I would say it's a sham," Ramsay shot back.
At least four local judges have voiced concerns about delays gumming
up the court system, meaning cases start late or aren't reached at all.
While Ramsay was trying to get answers in Superior Court, Justice
Gary Hearn ruled in Ontario Court down the street that the delays amount to contempt.
Deciding on a motion brought before him last week, he found the
delays were "deliberate" and showed a "wilful refusal to comply with court orders."
Hearn didn't actually cite anyone for contempt, however, and is
expected to deal with the issue again next week.
Despite talking tough, Ramsay also took no direct action. Instead,
he put the union and the government on notice that he is running out of patience.
"That sound likes the Ontario government I know," he said after
being told how the province is handling the situation. "In other words, they aren't doing anything about people trampling
on the rights of people who have already had their liberty taken away."
Ramsay said nobody seems concerned about the prisoners, whom he
described as "mostly drug addicts," but he vowed to do what is necessary to protect their rights.
"I'm proposing to bide my time -- but not for long," he said.
Union officials have not returned repeated calls.
Don't mess with the
judges
May 14, 2009
THE
RECORD
The union and management at Maplehurst Detention Centre can bicker and battle as much as they like -- so long as their
squabbling hurts only themselves.
But the second they start derailing the course of justice in this province, the second they start denying the rights of
prisoners to due process and treating judges and courts with disdain, they have to stop for the good of the public they are
employed to serve.
That second has arrived and good for two judges in Kitchener for saying so.
Thanks to a no-nonsense order by Justice James Ramsay, the superintendent of the detention centre is supposed to haul himself
into a Kitchener courtroom today to explain why prisoners have been arriving up to four hours late to courts in this city
and other communities for nearly two weeks. Justice Ramsay's order may not solve the problem. It sure should crank up the
heat.
Adding weight to this action, Justice Pat Flynn has denounced the chronic court delays as "an atrocious situation'' that
may be illegal and amount to contempt of court. Meanwhile, a third Kitchener judge, Justice Gary Hearn, will rule today on
a motion to have jail officials cited for contempt of court for not getting prisoners to court on time.
Kudos to all of these judges. This is much ado about something.
The problem is rooted in a labour dispute between the guards and jail management. It's hard to say who's right and who's
wrong, but the upshot of it all is that prisoners from Maplehurst are being delivered hours late to courts in Kitchener and
elsewhere. And this puts court schedules in tatters. The fallout is huge.
The delays are grossly unfair to prisoners, who might spend many more weeks in custody because their court appearance had
to be cancelled and rescheduled. For someone who is innocent, this amounts to unwarranted punishment. That in itself is intolerable.
Beyond this, the delays are unfair to victims who deserve prompt justice. They are a slap in the face to the judges, lawyers
and court staff who waste their valuable time. And the delays are costly to taxpayers who wind up paying extra for court staff
and the police who transport prisoners. There is however, an even larger matter at stake: And this is the rule of law.
The union may be powerful; The Ministry of Community Safety and Correctional Services, which runs Ontario's jails, is a
mighty branch of government. But both are as weak as newborn babes when confronted by those who dispense justice. Both must
bow to the law. It is the bedrock of our society. It is also, not coincidentally, the foundation for the work the jail guards
and management do.
It is unfortunate that some people at Maplehurst have allowed a labour dispute to blind them to this fact. The community
should be grateful to a group of judges in Kitchener for trying to make both parties open their eyes. And the provincial government
should be watching and prepared to ensure this visionary moment happens.
Judges
fume over court delays
Detention
centre superintendent ordered to explain jail guards' behaviour
May 13, 2009
Dianne Wood and Brian Caldwell
RECORD
STAFF
KITCHENER
A Superior Court judge in Kitchener has ordered the superintendent of the Maplehurst Detention Centre
to come down here and explain why prisoners aren't getting to court on time.
Justice James Ramsay issued the order yesterday after a prisoner scheduled to be sentenced at 10 a.m.
was not brought to the Weber Street courthouse on time. Leando Rose didn't arrive until almost 2 p.m.
"I'm going to order the superintendent to appear before me Thursday,'' Ramsay said. "It's fundamental
that when someone is incarcerated, they have to be brought to court.''
While Ramsay was making his comments, another Superior Court judge two floors down was expressing similar
frustration after a prisoner scheduled for a morning sentencing arrived from the Milton detention centre almost four hours
late.
"Someone, somewhere outside this courtroom, determined that my court order ought to be totally ignored,''
said Justice Pat Flynn. "Maybe there's some logical explanation that amounts to a reasonable excuse, but I somehow doubt that.''
Prisoners have been arriving late to courts in Kitchener and other cities for almost two weeks.
Unionized jail guards and the ministry of Community Safety and Correctional Services are trying to
resolve a dispute related to a recently ratified contract which has left guards unhappy.
Earlier this week, a provincial court judge in Kitchener called the situation "unconscionable'' and
urged lawyers to call corrections minister Rick Bartolucci.
Another provincial court judge, Justice Gary Hearn, is scheduled to rule tomorrow on a motion by criminal
lawyer Harold Cox to have jail officials cited for contempt for not getting prisoners to court on time.
Ramsay apologized to Leando Rose, the man who arrived late for sentencing on a drug matter. He told
Rose that he'd ordered the Maplehurst superintendent, Doug Dalgleish, to explain the delays tomorrow.
"I'll ask a few questions,'' the judge said.
"I'll see if there's anything that can be done about it.''
Ramsay said he doubted the delays were the fault of the superintendent, but since his name was on the
prisoner remand, he was the one being summoned.
Justice Flynn said the delay of the prisoner in his court may constitute contempt. It was unfair to
the prisoner, lawyers on the case, court staff and the victim, he said.
"It's an atrocious situation -- not the worst atrocity in the world, but atrocious,'' he said. The
delays mean some people may spend extra time in custody, he said.
Flynn said he hasn't been given any reason for the delays and needs some explanation to decide what
to do about them.
Superintendent Dalgleish declined to comment when reached yesterday. He referred all questions to a
spokesperson for the corrections ministry who repeated remarks he made last week that the ministry and guards are discussing
"labour issues.''
"Obviously, we're concerned about the number of delays we've been having in terms of getting inmates
to court, and we're working closely with the union to try and get these issues resolved and get back to normal operations,''
said Stuart McGetrick.
May 12, 2009
'Call
the minister,' frustrated judge says
Dianne Wood
RECORD STAFF
KITCHENER
As prisoners from the Maplehurst Detention Centre continued to arrive late in court for a second week,
a judge in Kitchener wondered what the Ontario corrections minister was doing.
"The minister of government responsible for corrections is painfully silent on the issue," Justice
Bruce Frazer said yesterday in Ontario Court in Kitchener.
He called the delays in transporting prisoners from the Milton jail "unconscionable.''
"Call the minister,'' the judge urged criminal lawyer Sean Safa, who was angry one client had to return
to court four times, partly because of the delays.
Prisoners normally get to court before 10 a.m. But for the past week, they've been arriving around
1:30 p.m. Some matters can't be resolved in the short time left, and inmates are returned to the jail.
Prisoners have been arriving late because of a labour action by unionized guards at Maplehurst.
"It's apparent the government is not doing anything about it,'' Frazer said.
Last week, criminal lawyer Harold Cox brought a motion in Kitchener to have jail officials cited for
contempt for not getting prisoners to court on time. He said officials should be required to come to court and explain what's
going on.
Justice Gary Hearn will rule on the motion Thursday. Cox is being supported by the local criminal lawyers
association and by Bill Wilson, the Crown attorney for Waterloo Region, who agreed the delays might constitute contempt.
Frazer said the issue is important.
"This court has serious concerns some people at Maplehurst have ignored the orders of the court,''
he said. " This is unconscionable. I've not been told of any health and safety issues.''
A spokesperson for the Ministry of Community Safety and Correctional Services said yesterday that the
minister, Rick Bartolucci, agrees with the concerns raised in Kitchener.
"The minister is very much aware of the current situation and feels it is not acceptable,'' said Laura
Blondeau. "He hasn't been silent on the issue, but feels it is not appropriate to share details of discussions with the union
through the media.
"There's work being done. He's taking it very seriously.''
Cox believes guards at the jail are on a work-to-rule campaign over a contract issue. Last week, Stuart
McGetrick, a spokesperson for the Ministry of Correctional Services, would only say there are "labour issues."
Yesterday, Greg Dennis, a spokesperson for the Ministry of Government Services, which signed the latest
contract agreement with the correctional bargaining unit, said the government is concerned about curtailing overtime costs.
"Part of the agreement we reached was to curtail the amount of overtime,'' he said. "In the contract,
both sides agreed we would work to bring the overtime costs in line.''
He said the daily operation of the jail is a matter between management and the union.
Yesterday, prosecutor David Russell told Frazer that he had to get a judge's order to ensure a prisoner
would be brought from Maplehurst by 10 a.m. Friday for motions in Superior Court on a homicide case.
Justice Robert Reilly issued the order and the prisoner arrived on time.
Safa wanted Frazer to hear a contempt motion yesterday because he wasn't aware that Cox has already
made such an application. He called the treatment of prisoners "inhumane.''
But Frazer didn't seem to think he had the jurisdiction and suggested lawyers file a motion at the
Superior Court level.
May 09, 2009
Brian Caldwell
RECORD
STAFF
KITCHENER
After
six straight days of delays, a local lawyer wants jail officials cited for contempt for not getting prisoners to court on
time.
People
in custody normally arrive from the Maplehurst Detention Centre in Milton for trials, sentencings and guilty pleas in Kitchener
court before 10 a.m.
Since
last Friday, because of labour action by unionized guards at the facility, they've been getting here between 1 p.m. and 2
p.m.
"It's
an intentional matter to disrupt the courts to achieve their ends," said Harold Cox, who brought a motion yesterday on behalf
of the Local Criminal Lawyers Association.
Cox
argued that the superintendent of the jail is under court order to get prisoners with scheduled appearances to court on time.
Failing
to do so, he said, is therefore a breach of a court order.
Cox
said jail officials should be required by a judge to come to court to explain the delays.
And
if their explanation isn't satisfactory, he said, they should be punished for contempt.
The
late arrivals have delayed trials and other proceedings, and some cases haven't been reached at all.
"It
is also putting clients in custody under so much strain that there are going to be real problems (at Maplehurst)," Cox said.
"Whether it's a riot or not, I don't know."
His
motion was supported by Bill Wilson, the Crown attorney for Waterloo Region, who agreed the delays might constitute contempt.
Cox
said it's his understanding that guards at the jail are on a work-to-rule campaign over a contract issue.
Stuart
McGetrick, a spokesperson for the Ministry of Correctional Services, would only say there are "labour issues," which he said
ministry and union officials are now discussing. He couldn't say how much longer the delays will last.
"We're
working to get it resolved as quickly as possible, obviously, so we can get back to normal operations," McGetrick said.
Guards
at Maplehurst are represented by the Ontario Public Service Employees Union, Local 234. Emidio Casullo, president of Local
234, would not comment when contacted yesterday.
He
referred calls to Don Ford, communications officer of the union, but Ford said he did not know what was going on at the jail.
Prisoner
transfers could be delayed "for all kinds of reasons," he said, including security problems, labour issues and other problems.
Justice
Gary Hearn is scheduled to rule on the motion Thursday.
Maplehurst
also hold prisoners making court appearances in Peel Region, Brampton and London.
Other
provincial facilities are also affected by the labour problems, but McGetrick wouldn't say how many or where they are.
MAYDAY PAYDAY …. Government Saving Money ???It seems the Ontario Government
was concerned about some MAYDAY activity that MAY have taken place this week/end. ALL Corrections Managers are earning “standby
pay” from 1800 hrs Thursday until 0700 Monday morning - effectively earning half their hourly rate AROUND THE CLOCK.
They were also put on emergency deployment lists meaning they could be sent anywhere in the Province in the event of a Mayday
emergency! No doubt this cost the Ontario taxpayers (including ourselves) a LOT of money …. for WHAT??? Your local news
papers and politicians may be interested in this misspending of tax dollars.
May 2nd 2009
Officer Down..
It is with a great
deal of sadness that we must inform the division of the passing of Correctional
Officer Tom Millard last night while on duty at H.W.D.C., circumstance of death will be determined by autopsy. Our condolences
to all of Local 248 sisters and brothers and especially to Tom’s family during this time of tragedy. It would be nice
if all work places showed there solidarity of this loss with lowering their flags to half mast. The viewing for Officer Tom Millard will be at the H.L.Cudney Funeral Home on 241 Main St, Welland,
Ontario--May 6th, 2009 at 1900 to 2100 hours, and May 7th, 2009 at 1400 to 1600 hours and 1900 to 2100 hours. The funeral
will be on May 8th, 2009 at 1100 hours located at the Welland Brethren In Christ Church on 50 Lincoln St Welland Ontario.
Good day readers. Many people are
asking about different responsibilities.
If you are asked to do a job you aren't trained to do, demand
training from a qualified person before you consider doing a job. Be careful about the risk of crossing classifications. We
need to back each other up.
If you see something that isn't making sense, get it fixed and make sure you get
it in writing. If you are asked to cut corners or break rules by the employer then ask them who is going to put
it in writing to break the rules.
A package of health and safety issues is being drafted for the
stewards meeting on April 30, 2009 and more information will be posted as the days progress.
As for
the questions about being forced to stay past your shift, I offer these words:
If you are too ill to work past the shift, say so! Let your manager know and if you are asked for
a report write that you are compelled to write it and wish to have a steward present as you are being harassed for being sick.
Also inform the manager that it is a health and safety issue for you to work in this manner. Also inform your fellow staff
that they should be aware you are sick and the imminent danger to your health and their safety. All members are affected at
this point and should assist the sick member.
If you are too tired to continue working past your shift, say so! Let your manager know you are too
tired to continue. If you are asked to write a report do so stating you are being compelled to do so. Also ask for a steward
and inform your fellow staff that your fatigue is a health and safety concern that could be dangerous. All members are affected
at this point and should assist the tired member.
What do I do if I have childcare issues, a dependent family member or legal requirements such as custody arrangements?
Speak up clearly!! Voice your requirements and issues. You have legal issues and the employer has the duty to accommodate!
Ask for a steward and contact the police for clarity if you are being withheld from providing the legal needs of a child,
dependent or court ordered custody arrangements.
What do I do if I am at home and work calls? Good question? Are you sick? Are you having alcohol?
Are you tired? Do you have babysitting needs? Do you have to answer the call...if you do just be polite and don't say anything
you will regret!!
Good day readers. The last week flew by and was full of information
to be shared. Convention
was very interesting right off the hop.
The Presidents of the institutions from Adult
and Youth facilities met to debrief and come up with strategies regarding comp time and the assault on our members from an
employer who seems to be disconnected from the day to day needs of staff.
OPSEU's
President for a second term is Warren Thomas. He stopped by the previously mentioned meeting and pledged support for whatever
we are about to undergo. He is also offering resources for future strategies within the month and we have accepted the offer.
Our division sent a clear message to our MERC members of what we need to move past the issues of the last month
and build an alliance to keep working in the same direction and in solidarity.
Many words of solidarity were expressed by guests
such as Mayor David Miller, NDP leader Andrea Horwath and an assortment of labour leaders.
It is good to see that we are able to hold debates
and decorum at the same time!
Our Mayday issues were shared with the Corrections
division members abroad.
For anyone who is unsure of what Mayday is please keep checking here as each
day passes as more info will be put up here.
The main thing to remember is that the members voted to withdraw good will
and any voluntary assistance as a result of what we perceive is the beginning of takeaways by the employer.
Namely, the members wish to cease signing up for overtime after May 1st, 2009,
have all members who are acting as managers step down, have members who volunteer to train cease doing so, have members who
are filling lines outside of staffing agreements return to their lines and have ICIT
and CET display their displeasure as well.
We also voted for all members to work safely and highlight all safety issues
in the workplace.
Things to include are:
make sure you have all equipment you need to work, such as radios and uniform
make sure all doors are closed and working
make sure safe numbers are being moved at all times and cleared by central
make sure you have backup and immediate staff presence at all times
make sure managers are present when they need to be around
make sure you have enough managers on duty to work
ask for relief for breaks and report writing
fill out WSIB
forms for traumatic events such as violence even if you don't leave work
make sure air quality is at a premium to avoid getting sick
make sure TB tests are up to date and inmates at risk are properly supervised
special handling needs are to be of the utmost safety
fire safety is at a premium
above all else watch each others' backs, raise your concerns and get them
addressed in writing.
To some this may be a new experience but I am confident that most members
want to see the employer respect that we are good employees and deserve our collective agreement rights.
We are not sick time abusers and it is the members' sheer force of will that
has kept this ministry from having riots and disturbances day after day.
Compensating time off and our benefits are what we need to do this job day
after day.
They weren't just handed to us. We bargained for them!!
I have not written anything for fourteen days, that being on April 04, 2009. In that entry I gave my opinion of what
I saw developing and where I thought we should be going. I wrote: “From the information I have,
each local is setting up General Membership meetings. I believe these meetings can be used to empower all of us as a united
group to discussed strategies for change. I prefer to see us move forward united and with strength. We should turn this situation
into a positive one. You may have a fresh start any moment you choose, for this thing that we call 'failure' is not the falling
down, but the staying down. ~ Mary Pickford “If we choose to rescind our notification of withdrawing from the CWW
agreement at this time we should all do it as one collective. We have shown our resolve. We have forced the employer back
to the table to negotiate. We have shown we will fight hard for our CWW agreement. We wanted an action for CTO and are still
on high alert. We have a lot more fight left in us.We can use this as an opportunity to move forward. We can all hold our
heads up knowing how difficult this is and that we need to remain united”
Since that time the employer has met with OPSEU and after what sounds like posturing on both sides, the employer
decided to walk away from the meeting with no desire to discuss and resolve the CTO issue. CTO is a negotiated benefit and
this dispute will need a negotiated settlement.We have not achieved our gaol of impacting the employer on how important this
issue is to us collectively. Waiting for something to happen at the GSB will take too long. We must show the employer that
we continue to have the resolve to influence a positive outcome for both sides.I do understand the employer’s need to
save money during this economic time. The various layers of bureaucracy have all been given their mandate to cut costs. We
understand.The number of Correctional Officers has remained stagnate for decades, with our workplaces falling into disrepair.
When the too few facilities were built by the Ministry they cut corners to save costs on design, security and the number of
Correctional Officers. (Maybe that’s why the pods are not square?) During this same time the numbers of police officers,
judges, and crown attorneys have all increased, which resulted in an increased number of remanded inmates in the system. The
irony being additional beds were never added to the system despite the new buildings.The added workload has never been addressed
with additional resources or modified procedures, so that we may continue work in healthy and safe workplaces. As we know
there are many problems within Corrections. As Smokey has stated:“We remain willing and ready to work with the employer
to solve these problems. In the meantime, our members are refusing to take any more chances with their jobs…and their
lives. I will always support my members who are following the rules – even if the system breaks down because of it."
There is a reason Corrections in Ontario is one of the few provinces that hasn’t had a major disturbance in the last
five years. The members have gone above and beyond the call of duty on a daily basis. In the past we have taken the short
cuts, strived to make things work when we know if we did things by the book, the resulting impact would have negative outcomes.
Whether that be getting inmates out to court on time, working in over crowded ranges without proper staffing levels, or getting
the bare essential duties completed just to be able to placate the inmate population.This coming week OPSEU will be having
its annual convention. This opportunity for the Corrections Division to Caucus together again is very timely and does not
happen very often. The employer knows we will be taking full advantage of this. We will be organized, we will move forward
together, and we will remain determined to resolve this issue.Like the trains that run past the windows at my post like clock
work, the time now has come that we can no longer ensure that the “trains run on time” in Corrections. Knowing
that the sacrifices we make are at our expense. The time has past where we can turn a blind eye to all the short cuts we take
on a daily basis. Our job is to make sure that we all get home to our families safely. It is the employer’s job to make
sure all the resources are available for the system to operate and run on time.Smokey hit the nail right on the head…without
the memberships buy-in, the system will break down.Stay safe,
From: Eddie Almeida To: MargWelch Sent:
April 20, 2009 5:54 AM Subject: CWWA Greetings Marg The institutional Presidents and MERC
had a conference call last week. During this conference call one of the things we decided was to rescind the notice to withdraw
from the local CWWA, as some locals have already done so. That
said, some locals may still choice to keep their notice in. We were hoping that the actions of the division would bring
you to the table before the payout of CTO and it did get you there....twice,
once at Coopers and once at OPSEU head office, however that’s
all it did, as management chose not to rescind their decision to pay out all CTO
as well as to continue to no longer honour local CTO agreements. As
I said to you on the phone the other day; there is no incentive for my members to do anymore than what is required of them
per the CA. As well I am sure that there are plans for more negative incentives coming from management. I fear that this
will be a long few years for all of us Marg if we can't negotiate
some solid agreements for both sides on CTO as well as other issues
and the "noise", as Mr. Logan calls it, may be deafening in the near future. Truly, Eduardo Almeida Corrections Adult MERC
Corrections Youth MERC Chair Glenna, Brothers Ron Lavigne,
Bob Eaton, Adult MERC Vice Chair Gord and myself, met with the employer this date to conduct further discussion on the CTO
issue.
Management arrived shortly after 1000 hours at Head Office and it was quite noticeable that their side consisted
mostly of the same managers who were at the bargaining table, Dave Logan (MGS), Mark Dittenhoffer, Barry Thomas, Rose Buhaghiar,
Lisa Nowak (MCYS), JoAnne Miller Reid(MCYS) and Steve Small. You may or may not have known that David Logan was involved with
bargaining in his capacity as ADM of Management Government Services (MGS).
David Logan was clearly the lead and
he commenced by reiterating their position that the union was given notice during bargaining of the withdrawal of all CTO
agreements and that it was within their right to give notice during bargaining. With that said, management stated that they
hoped we could move forward on this issue.
We countered that we were not conceding that notice was properly given
and in fact that it was not within any proper time limits. We also indicated that we wanted to move forward and we tabled
our initial proposal in the spirit of negotiating a resolution to the issue.
We offered the employer time to caucus
and they borrowed one of our computers to work on the draft. After approximately an hour they called us, informing us that
they were now ready to reconvene.
David Logan reported that they could not offer a counter because they could not
reach either Ron McKerlie or Jay Hope, the Deputy Ministers for MGS and MCSCS. When we pressed Mr. Logan about the general
thoughts on the proposal, he stated that they actually had “no appetite” to deal with any CTO accumulation and
that they were not going to counter offer at this time.
David Logan stated that he would try and speak to their
“principles” and would get back to us by tonight. The door was not closed on negotiating this issue further although
it appears that the sticking issue will be the banking of CTO time as it exists. Mr. Logan did make the comment that there
was other “ways to slice the pie” seemingly suggesting that there may be some other compromise available.
David
Logan did call back later and claims that he has not been able to reach the deputies for further comment and that he would
call back tomorrow.
Where do we go from here?
The CTO agreement withdrawal is really just an extension
of the sick time issue from bargaining. The employer blames sick time for creating overtime cost expenditures. They then blame
the banking and use of CTO for creating further OT accumulation and staffing shortages. They also insist that the increased
availability of OT is an incentive to use sick time illegitimately.
One of the initial opening remarks was the
“noise in the system” had brought them to the table today. That means that the pressure we have been applying
has provided an impetus for them to meet. It is clear that they will not concede the return of CTO accumulation easily, as
we anticipated.
The fact that they worked on the draft and that we have not been given a definitive negative response
suggests there is room for movement. Furthermore it is peculiar that an ADM could not get hold of their Deputies within a
few hours, particularly when they know the issue would have serious repercussions. They are delaying for some reason.
The
issue boils down to being a continuation of bargaining. Our response to the issue and the actions we take in our local worksites
is our leverage to save this benefit and others that may soon be on the chopping block. As always, our strength is in the
solidarity and sacrifices we take together to protect our collective agreement.
For the many locals who have given
notice on the CWWA, I encourage you to stay strong and hold the line. It is our strongest bargaining chip and it will cause
the deepest cut for the Ministry, that is why they are at the table at all. For those locals who are going to employ other
methods of pressure we need a concerted effort on as many fronts as you can muster to push the employer.
Movements
afoot within the division to encourage locals to withdraw their notice and back down is damaging to our ability to negotiate.
The employer clearly has their sources just as we do and they are aware of the strains that this issue has placed on the Division.
The employer is watching and waiting for Corrections to break. That in my opinion is the reason for the delay at this table.
It has been suggested that they are waiting for our caucus at convention, which they believe will demonstrate our strength
or weakness as a Division.
As the leaders and elected representatives, we have taken a strong stand with the employer
on a serious issue, all that were on the conference call agreed. We all need to understand that this is the ultimate test
of the division and for the most part I believe that the local leaders understand this. If we back down or demonstrate that
we are vulnerable by withdrawing we will have shown the employer that the division is no longer able to protect its interests.
Once that break is evident, the employer will force it’s will on each and every local. There will be little
sense in sitting with the employer at any table, we will have no leverage. Your bargaining team can tell you how difficult
this round of bargaining was and you can draw your own conclusions as to what the future will hold if we do not hold together
now.
The employer has admitted that they came to the table in response to the “noise” in the system.
It is time to crank up the volume and get them to start moving on resolving this problem as well as others.
Another
conference call of the presidents will be scheduled and will be sent on a separate email to discuss strategies on how to move
forward and give the employer the "appetite" to negotiate in good faith.
I have been following what
has been transpiring and here is an update on what we have accomplished so far. 1.We have gotten the attention of MGS who
made this decision. 2.Our policy grievance will have a stage two hearing this coming Tuesday. 3.The heads of Corporate
OPSEU and the Ministry are meeting this coming Week. 4.The MERC will soon table CTO at the first meeting scheduled.
From the information I have, each local is setting up General Membership
meetings. I believe these meetings can be used to empower all of us as a united group to discussed strategies for change.
I prefer to see us move forward united and with strength. We
should turn this situation into a positive one. You may have a fresh start any moment you choose, for this thing that
we call 'failure' is not the falling down, but the staying down. ~ Mary Pickford
If we choose to rescind our notification of withdrawing from the CWW
agreement at this time we should all do it as one collective. We have shown our resolve. We have forced the employer back
to the table to negotiate. We have shown we will fight hard for our CWW agreement. We wanted an action for CTO and are still
on high alert. We have a lot more fight left in us.We can use this as an opportunity to move forward. We can all hold our
heads up knowing how difficult this is and that we need to remain united.
The employer has notified the Union it will be proceeding with the payment of retroactive salary revisions
and adjustments pursuant to the ratification of the 2009 – 2012 OPSUE Collective Agreement.
The implementation schedule for these revisions is as follows:
May 14, 2009(Unified Bargaining Unit and Correctional Bargaining Unit)· Across-the-board salary revisions and
retroactive adjustments· Retroactive payments of special adjustments
June 25, 2009 (Unified Bargaining Unit)· Retroactive payment of general notes and allowances
We need
to understand right from the start that this is a war the Ministry declared on our division. They have attacked our
members time and time again.....as we look down the road, if we allow the Ministry to do this and show no support to
our Local Executives and the Division Leaders, then we better understand this is just the start.
The employer
is now testing our Division and checking to see what kind of support our leaders have. Many of you
are well versed in management’s tactics and how they manipulate our members, especially around bargaining.
They send their management types out to the shop floors and start negative talk about the union, the local leadership, seed
rumours. These members are no better than scabs and all they want is to go running to the suits so they have something
to report....if anyone has an issue with that statement...ask them why? Is it a lie that we have people like that in our buildings.....and
make no mistake...they are OUR buildings.
The
CTO
Members
have to ask themselves; what forces the union to take strong action against the employer but when the employer shows such
disregard and contempt for our Division the question should be, how can our leaders not take strong action. We need to look
to the good of the Division not just a few individuals who want to look out for themselves. Members may question the leadership
and the actions but we need to understand what motivates those questions- is it self interest or is it what is best for all
members. The Local Leaders and the Divisional Leadership MUST not look to self interest but to the interest of the whole Division. Management has other attacks planned for our members and this division….if
the membership believes that the CTO is the end….they are sadly mistaken. If Management had wanted to negotiate a common
and formatted CTO across the board, they know the respectful way of doing it. Give the Locals and the Division notice and
sit down to bargain. Note, they haven't tried to take CTO's from managers, have they? It is also interesting to note that
Managers are telling some members that CET, ISIT, training assignments and some "special' members that they will still be
able to collect CTO under another name. Training Credits, maybe?
The next
big attack on the horizon is management bringing in a policy of direct supervision….what that means is that they
want our members in directly with the inmates….all day…..but want our staffing compliments cut back…..they
say it works in the United States- what an example that is. We don't need to take any direction from George Bush's private
prison system. I just got off the phone with the president at Niagara...one of his unclassified officers was hauled into the
office and told that his contract was not being renewed....no reason...no justification.....is that’s what's next...back
to the days when management can just terminate an unclassified contract or just fire anyone full time or not?
Management
has been trying to chip away at our strength over the years. The last round of bargaining they took our sick time away
and made us fight back to get it. Our Bargaining Team led that fight with our member mobilizers. When we finally
won that battle and got it off the table, we were glad toget it back. They made us feel like we had won
a victory just to win back what we had. Now they are doing the same thing with CTO…they are seeing how much
resolve we have. Until we stand up and take on this employer, they will continue to use this tactic against us.
We need to take on not only this issue but all the other outstanding issues we have. We need to get back not only
the CTO but win the other outstanding issues that have been sitting at the Corrections MERC, Provincial Health and Safety
and Local ERC tables.
The
CWWA
Do any
of us want to lose our compressed work week agreements…of course not….but make no mistake….8 hour shifts
are worse for management for a number of reasons. 8 hours for one creates more jobs for unclassifeds and people
who have lost their jobs in Ontario. At a time when the Ontario government has already announced a 5% cut in the OPS, do you
think they want to hire a significant number of new FTE's in our Division. Some of your friends, family and neighbours would
appreciate if we create new employment and isn't that what the trade union movement is about? We believe it would be
anywhere from a 16 to 18 percent increase in staffing. Managements structure and system is based on 12’s…we all
know it. The Liberal Government said they would make our work places better, well we're still waiting.
The HPRO;
we all know, some us more than others looking at the sunshine list, that our work places can’t survive without mass
amounts of overtime. How many jobs would be created if they actually hired more people to do the work? Unions should
be about protecting and creating work for workers….especially those already in our workplaces called unclassifieds not
guaranteeing massive amounts of overtime.
Acting
Managers
This is
a long outstanding issue. Our members take acting positions, which we don’t have an issue with, except when management
has these members acting for a year, two years…five years. This practice allows a member to hold two positions,
one with management and one with the bargaining unit. If they have done the job for a year…make them full time
management and fill the positions so we can have full time permanent members.
Rock
Solid or not?
In the
end here is where we are at…..we as a division will be known as being ROCK SOLID….or we will be from this point
on called, as some managers are calling us, Soup Sandwich Strong! Ultimately it will be left up to the membership. We
can defend our local leaders and our division so we can move as one into the future or as a fragmented group without
any strength to negotiate over the years leading up to the next Collective Agreement.
Thanks
you for your time,
In
Solidarity
Eddy
A publication
of the OPSEU Corrections Division
March 27, 2009
Corrections fights
back
In the wake of the
government’s repugnant and idiotic move to stop allowing employees to take compensating leave in lieu of overtime payments,
Corrections Bargaining Unit members are fighting back.
Correctional leaders
met via conference call this week, and after much discussion have decided on a plan of action, a plan endorsed by both the
MCSCS and MCYS MERCs.
Effective immediately,
locals are asked to do the following:
1.Serve their local employer 30 days notice on their intent to stop participating
in the HPRO (overtime protocol) agreement.
2.Serve their local employer notice to withdraw from their local Compressed
Work Week (CWW) agreement. The length of that notice is specific to that local’s agreement.
3.Demand that all acting managers who are members of the Corrections Bargaining
Unit immediately step down from their positions.
These actions, while
extreme, are an appropriate response to the employer’s complete lack of respect for the elected MERC teams, and the
employer’s attempt to subvert a newly-signed collective agreement.
“Both ministries
knew the protocol on withdrawing from any agreement means they notify the MERC chairs in advance,” said Eddy Almeida,
MCSCS MERC chair. “Up until now, we have always operated on the basis of mutual respect. This move, which the employer
has still not provided any reason for, is a slap in the face to the MERC teams, and an even bigger slap to our local presidents,
as it cancels all of the local agreements. It is completely disgusting.”
MCYS MERC chair Glenna
Caldwell says she is both shocked and angry at the complete disregard shown by the employer.
“This goes to
the very foundation of labour relations,” Caldwell said. “The employer has now blown any goodwill and trust they
may have generated over years of meetings. To completely ignore the elected MERCs is unprecedented, and indicative that there
are bureaucrats in the Ministries that are accountable to no one.”
Beyond the lack of
respect is a larger issue of the employer immediately trying to sabotage a new contract before the ink has even dried.
A significant component
of the new Corrections Bargaining Unit agreement is incentives for improving sick time. By removing the compensating time
off (CTO) option from the contract, the employer has eliminated one of the methods in which sick time could be reduced.
“Our members
could have had the option to take CTO instead of a sick day to keep the average down,” Almeida said. “By taking
that option away, the employer has just confirmed they will do everything in their power to make sure our members never meet
the targets set out in the collective agreement. It also removes an option our members have to get away from the horrifying
working conditions in our facilities, even for a day or two. This is not just underhanded; it also shows the distaste the
ivory tower bureaucrats have for our front-line staff.”
The actions, agreed
to by almost all the local leaders across the province, are to send a strong message to the employer: If you aren’t
agreeable, neither are we.
“The employer
depends on our members to work overtime in order to keep facilities running,” Almeida said. “HPRO makes the employer’s
lives easier. That is a two-way street. And it looks like the employer only wants to make our lives worse.”
Withdrawing from CWW
agreements is also a serious move, one that will hopefully give the employer pause, considering all of the facilities are
set up to run on 12-hour shifts. But Caldwell assures the employer this is not an empty threat.
“If the employer
wants to play hardball with us, we are ready to come right back at them,” she said. “They are playing games with
our lives. Well, this isn’t a game. We promise to make the employer’s lives just as hard as they’re making
ours.”
Lastly, the Division
hopes that ALL actors will step down from their positions. Both Almeida and Caldwell agree that as long as members continue
to act as managers, the employer will never hire permanent managers. And that prevents unclassified members from getting full
time jobs.
Both MERC chairs said
they are proud of their members for coming out loud and strong on this issue.
“We don’t
know why they want to go to war with us, but Corrections never backs away from a fight,” said Caldwell. Almeida agrees.
“We will see who is still standing at the end,” he said. “I’m putting my money on our members, men
and women who actually protect this province. Not mindless bureaucrats who push pencils and look down their noses at those
of us on the front line.”
Ministry axes compensating
leave
Just weeks after ratifying
the new Corrections collective agreement, the employer has unilaterally decided to stop allowing employees to take compensating
leave in lieu of overtime payments.
In a memo dated March
18, Lori Potter, Director of the Management and Operational Support Branch, intimates that formal notice of this move was
provided to the bargaining team during contract negotiations. The Corrections Bargaining Team disagrees.
“The employer
came to us and said they were planning on withdrawing from the agreement on compensating leave,” says Dave Kerr, team
chair. “Since they were not proposing a change to the collective agreement language, we told them that this was not
a bargaining issue.”
Under Article COR8.5
of the Collective Agreement, compensating leave can be accumulated if there is mutual agreement between the parties to do
so. Normally, the employer will provide advance notice in writing to the OPSEU President at least 60-90 days before if they
intend to withdraw from such an agreement.
“The Corrections
Bargaining Team in no way negotiated an end to compensating leave,” Kerr
says. “We told the employer two things. First, that if they decided to unilaterally withdraw from the agreement in COR8.5,
it wasn’t a bargaining issue…it was a MERC issue. Second, we told them, in no uncertain terms, that if they did
this it would cause extreme labour relations problems in Corrections. Obviously,
they couldn’t care less about labour peace.”
Kerr said that the
Corrections and Children and Youth Services MERC teams will now deal with the issue at their respective tables.
Eddy Almeida, chair
of the Corrections MERC, says this is a totally unnecessary attack on his members.
“This move by
the Ministry does nothing but destabilize labour relations across the province,” Almeida says. “We have now raised
the issue with the employer, and OPSEU is filing a policy grievance.”
The Corrections MERC
will discuss with local presidents strategies on dealing with the Ministry’s latest tactic.
“In the meantime,
we ask that every local demand an immediate local ERC and put this issue as the number one item on the agenda,” Almeida
says. “This is just another blow to the well-being of our members, and shows the complete and utter disrespect and contempt
the Ministry has for the people who keep this province safe. These ham-fisted decisions will backfire…and badly.”
The Children and Youth
Services MERC is currently scheduling to meet with their employer on the same issue.
To - Superintendents Brian O'Rourke, Offender Transportation Operations From - Lori Potter Director Management
and Operational Support Branch Date - March 18th, 2009 Subject - Update: ACCRUAL OF COMPENSATING LEAVE BY EMPLOYEES IN THE CORRECTIONAL
BARGAINING UNIT During the recent OPSEU
collective agreement negotiations with the Correctional Bargaining Unit, the employer provided notice that employees will
no longer be able to receive compensating leave in lieu of pay for overtime. As a result, you are now advised that all
hours of compensating leave banked by employees in the correctional bargaining unit, during the 2008 calendar year and all
compensating leave banked from January 1, 2009 up to March 31, 2009 will be paid out concurrently at the rate it was earned. Approvals
for the use of compensating leave that there given prior to the date of this memo will be honoured as the only exception. Your
assistance in the implementation of this direction is appreciated and should you have any questions about this change, please
contact your Human Resources Advisor.
Yours truly, Lori Potter.
Please feel free to contact Lori Potter and tell her how you really feel. Contact
info: lori.potter@ontario.ca or (416) 327-9918
Correctional officers break off talks in Nfld. Province demanding long list of unacceptable concessions,
including the issue of sick leave which nearly led to a province-wide strike by Ontario correctional workers. St. John's (13
March 2009) - Contract talks between the Newfoundland and Labrador government and the province's correctional officers have
broken down over the province's demands for concessions. The correctional officers, represented by the Newfoundland and Labrador
Association of Public and Private Employees (NAPE/NUPGE), had been in talks for the past several weeks. Concessions involve
issues such as protection for casual or temporary workers, seniority, scheduling and time off in lieu of overtime, which correctional
officers cannot access or get paid for despite the fact that it is on the books. The officers have also been asked to accept
concessions on sick leave, an issue they took to arbitration and won after being cut from 24 days to 12 in 2004 when the province
legislated public employees back to work following a province-wide strike. Ontario correctional
workers recently settled a dispute with the Ontario government in which
sick leave was also a major issue. The province ultimately backed down in the face of a united front by officers in all parts
of the province. The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations
with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring
our common wealth is used for the common good. NUPGE
OPSEU calls on Corrections Minister to initiate task force The Hon. Rick BartolucciMinister of Community
Safety and Correctional ServicesQueen’s Park Dear Minister, As you are aware, on March 3 OPSEU called for a task force
to examine many of the problems that are plaguing Ontario’s Correctional system. Specifically, we want the probe to
examine overcrowding and its effects on inmates and correctional staff; the physical conditions of provincial facilities;
reinstituting programs for inmates, many of which were cut by the Mike Harris regime; and training for staff on communicable
disease control and identification of gang activity. For well over 20 years, OPSEU has been calling on successive governments
to address the problems in Correctional Services. During that same time, we have watched problems grow worse instead of get
better. The time for action is now. Now that the Corrections Bargaining Unit has ratified their collective agreement, we look
for your firm commitment to initiate this task force. We believe this independent review is vital and necessary to ensure
that we do not spend another 20 years waiting for change. Our members deserve nothing less. Original signed
by: Warren (Smokey) ThomasPresident Ontario Public Service Employees Union and Eduardo AlmeidaChairOPSEU Corrections MERC
Government should take notice that problems in corrections
run deeply
Posted By DOUG MILLROY
By the time you read this, a strike by corrections officers and
youth workers may have been averted as they were in the process during the week of voting on a tentative collective agreement
reached with the Ontario government.
But if the bargaining committee does get the approval it is recommending to its
members in the Ontario Public Service Employees Union, it probably won't be because the members are happy with the end result.
It will just be that they have grudgingly accepted, in line with their negotiating
committee's assessment, that this is probably the best offer they are going to get from the employer through negotiations
and there is no certainty that a strike would bring a better one.
After all, they didn't get the 12 per cent over four years some teachers got.
Instead they will get 9.75 per cent over four years, 1.75 per cent plus a special adjustment of two per cent in year one and
two per cent in each of the following three years.
They did get the government to back off on its sick-time proposal that would have
punished all for the abuses by some, but in the process they saw a 50-30 proposal that was on the table, which would have
allowed anyone over 50 with 30 years of service to retire, once again slip away.
I could understand the government wanting to address the sick time in corrections
as the auditor-general had pinned it at an average of 32.5 eight-hour days a year, which translates into 21.6 days in terms
of the 12-hour days most correctional officers work or, put another way, 260 hours.
But I believed it was out of touch with reality in attempting to pull corrections
officers and youth workers from the Ontario Public Service sick plan and impose drastically different conditions.
As I said in my Feb. 21 column, I thought the government itself was part of the
problem in that it hadn't been taking advantage of a mechanism that was in place to call employees to account if their sick
time exceeded the ministry target of 11 days, something it had to know was happening as far back as 2001 when the absentee
average had crept up to 20 eight-hour days.
It appears the government is now moving to address this failure, telling the union,
which had complained the current attendance program wasn't being managed, that it intends to change the program. It has also
allowed for a joint attendance strategy and implementation committee to be established between the two parties that will monitor
the changes.
Under the tentative agreement, sick time targets covering 12-hour days have been
set up for the four years of the contract
and correctional officers and youth workers will receive lump-sum payments for
meeting them.
The base targets from year one through four are 192 hours (16 days),
176 hours (14.66 days), 160 hours (13.33 days) and 144 hours (12 days).
Correctional officers will receive two per cent for meeting the target for each
year, but can receive an extra one per cent for each of the other targets they meet. For example, if they met the target of
144 hours in the first year of the contract they would receive a lump sum payment of five per cent. They could receive four
per cent in year two and three per cent in year three.
However, not all correctional officers believe the tentative agreement will accomplish
its aims in regard to bringing down the sick-time average.
Vern Silver is one of them.
He doesn't believe it will be possible for corrections officers to meet the targets,
considering the wear and tear they receive on the job and the fact their average age is 48.
And if they don't, a penalty provision kicks in whereby any correctional officer
who books off sick within a two-block pay period (28 days) will receive only straight-time pay for an equal amount of overtime
worked during that period.
This will occur even if the overtime is worked before the sick time is taken.
All this, of course, concerns voluntary overtime. What if a person is off sick
and upon his or her return is ordered to work overtime, as is the employer's right?
"The agreement is silent on this," the union said in a question-and-answer document
it submitted to members in response to concerns they had expressed after reading the tentative agreement. "It is the union's
position that any member who is ordered to work would receive premium pay, regardless of any sick time used."
It is the union's position? Surely it would make more sense to spell it out in
the contract.
However, unlike Silver, this punitive provision doesn't seem to worry the negotiators,
who effectively shrugged it off with the following comment in the question-and-answer document:
"Besides, if the sick-time targets are met, overtime will never be affected. If
the targets are not met, you will only see a reduction of overtime pay from 1.5 to straight time if you work overtime in the
same two-pay period block as the time you were off sick."
That, of course, is take-away language that would send members of most unions
up a wall.
In any event, Silver worries that in the event the targets aren't met that the
corrections officers who will be affected most will be those who take little sick time.
He says when overtime is offered under what amounts to a penalty provision, it
will be offered first to those who have booked off sick because they will be paid at straight time rather than the overtime
rate. And those who have booked off sick will take it because although it isn't at the overtime rate, it is still a full-day's
extra pay on top of the sick days for which they will also be paid.
Silver admits some corrections officers abuse sick time by working overtime on
all the regular days off they can and then booking sick on a regular work day in order to have some time off. He says some
have bumped their annual $60,000 salary to $100,000 by doing this and "everyone, including management, is aware of this practice."
He suggests getting rid of goals and bonuses as they accomplish nothing and are
embarrassing, allowing no overtime for anyone who books off sick unless a doctor's slip is provided, and enforcement of the
attendance program.
As I said at the outset, by the time you are reading this a strike may have been
averted. I hope so. But I would suggest that rather than waiting for the next round of negotiations, that both sides get together
to better their working relationship.
The problems in corrections runs far deeper than sick time and it is time someone
in government took notice.
And I can recommend a place for government to start: Begin treating corrections
like the essential service it is and replace the right to strike with arbitration, as is the case with police and fire services.
Doug Millroy, editor emeritus of The Sault Star
Jail overcrowding and light sentencing are putting public safety at risk: OPSEU calls for probe into correctional system
March 3, 2009
The union representing Ontario correctional workers has called for an immediate and thorough examination
of what’s happening in the overcrowded provincial correctional system and its effects on the health and safety of correctional
service workers.
Warren (Smokey) Thomas, president of the Ontario Public Service Employees Union, called on the McGuinty government
to strike a task force to recommend ways to improve the jail system.
“Workers in the justice system are risking their lives and health every day,” said Thomas, who toured
the Toronto Don Jail last week with NDP Leader Howard Hampton. “The living conditions are appalling, with hundreds of
inmates crowded into small unventilated spaces rife with communicable diseases.
“Our jails have also become hotbeds of gang activity,” said Thomas.
Ontario’s overcrowded jails have become so notorious that judges regularly apply a “three-for-one”
credit, shortening sentences in proportion to the amount of time offenders have spent awaiting trial, particularly in the
three large detention centres in Toronto.
Probation and Parole Officers are then forced to supervise hundreds of dangerous offenders released early into
the community, a huge public safety issue as gang warfare escalates.
Thomas said the task force should examine living conditions for inmates and working conditions for Correctional
Officers and Probation and Parole Officers, and propose ways to alleviate the problems.
The task force should examine:
Overcrowding and its effects on inmates and correctional staff;
The physical conditions of provincial facilities;
Reinstituting programs for inmates, many of which were cut by the Mike Harris regime;
Training for staff on communicable disease control and identification of gang activity.
“We’ve been working with this system for years and the problems just seem to get bigger,”
Thomas said. “It’s time we had an independent review of what can be done.”
McGuinty’s stance on absenteeism in correctional officers smacks of desperation. If the provincial
government treated jail prisoners the way it is treating its correctional officers, some sharp lawyer would have the government
in court for inflicting cruel and unusual punishment. Premier McGuinty says absenteeism in provincial jails is unacceptable
when pitted against the rest of the public service (11.5 days), an average of 22 days a year based on 12-hour shifts or 32
based on eight-hour shifts and he wants something done about it. The government once tried to publicly embarrass the correctional
officers into going to work by publishing the average number of sick days for each jail, rationalized by Norm Sterling as
an opportunity for the public to see how their local jails are performing. The only people who were embarrassed by this transparent
ploy were the government and the dunkerhead policy advisors who suggested it to them. It is easy to see why corrections officers
might have more sick time than, say, a stenographer in a high-rise office building. Even McGuinty acknowledges that correctional
officers work in old buildings, do shift work 24/7 and have to deal with prisoners who are, to put it delicately, not always
the cream of the crop, if not some of our most notorious. Even the newest and best-run jails are stressful places to work,
and an over-stressed employee is more prone to falling victim to flu bugs, colds and whatever else is being passed around
in a community that holds not the healthiest of our society. Correctional officers agree and advocate management has every
right to take action against malingerers and those who take advantage of sick days. So if they have the evidence that employees
are abusing the sick time (and they know who they are) they should gather the evidence, suspend them and/or fire them. Evidently
the government is incapable of doing just that, so they have resorted once again to blanket attacks and innuendo to get the
job done. Simply put, managers and corporate corrections will not and/or cannot do the job. Well, before McGuinty and his
cabinet colleagues ride off on their high horses, perhaps they should also publish publicly to the taxpayers of Ontario the
number of days the legislature sat these last years and the number of days each cabinet minister, especially Premier McGuinty,
don’t bother to show up. It would be my guess it exceeds 22 days a year on average. If there exists an attendance issue
in the province’s jails that needs addressing, then McGuinty should do what good managers do and sit down with the employees
and their union and try to find an answer all can live with instead of dictating with collective bargaining the way it is
going to be, which once again smacks of desperation and looks like an attempt to get public opinion to do a job McGuinty and
all his cabinet members cannot handle themselves. Tom Cook Correctional Officer
We've ignored jails for too long
By WARREN (SMOKEY) THOMAS
While Premier Dalton McGuinty is "knocking heads" at York University, he is conveniently ignoring a potential powder keg
in his own back yard: Correctional workers who are about to take a strike vote on the province's latest contract offer.
A strategically-timed auditor general's report a few months ago highlighted that sick time for correctional officers and
youth workers was high.
At the same time, corrections ministry negotiators were at the bargaining table trying to hammer through a new sick time
plan for these two groups of employees. This plan, in a nutshell, monetarily punishes these employees if they take any more
than five sick days a year.
For at least 20 years, there have been huge problems with overcrowding in our provincial correctional facilities. Even
the auditor general acknowledges many facilities are running at 135% capacity. The result? High stress. Continual exposure
to diseases. Daily assaults on staff. Combined with the deteriorating conditions in many of our provincial jails, the results
are working conditions unimaginable to most Ontario workers.
The current solution, contained in the offer to corrections workers, is to punish those who have to deal with this horrible
work environment. Is sick time high in correctional services? Yes it is.
Has the government done anything to deal with the root causes? No it hasn't.
FEIGNING SURPRISE
For 20 years, successive governments have ignored the overcrowding, the exposure to diseases, the assaults and the mental
stress endured by corrections workers. Yet the premier feigns surprise that sick time is high.
The premier now has the opportunity to tackle these problems. This is the time for positive action, not threats of punishment.
Corrections workers are voting to reject the government's punitive approach. And the bargaining team has already made plans
to meet with the government once the results are in.
This should be a no-brainer for McGuinty. In an unprecedented show of good-faith bargaining, the province has already reached
a tentative agreement with the rest of the public service. Now, he just has to direct his staff to do the same with corrections
workers. There is no need for "knocking heads" in this case. There only needs to be a meeting of the minds.
Ontario's correctional, probation, recreation, rehabilitation and industrial officers, bailiffs, youth workers, and all
members of the corrections bargaining unit, have the experience, the knowledge and the solutions ... if the government will
listen.
Cooperation is the key to improving the working lives for the thousands of men and women who safeguard our facilities,
our communities and the public, day in and day out. Correctional workers, whether in the institutions or in the communities,
deserve better treatment.
■ 63.9% have some college experience,25% have a college degree, 19% Bachelors, 4.5% Masters, 1.5% Ph.D.
■ Correctional Officers (CO’s) have the second highest mortality rate of any occupation.
■ 33.5% of all assaults in prisons and jails are committed by inmates against staff.
■ A CO’s 58th birthday, on average, is their last.
■ A CO will be seriously assaulted at least twice in a 20 year career.
■ On average a CO will live only 18 months after retirement.
■ CO’s have a 39% higher suicide rate than any other occupation,
■ And have a higher divorce and substance abuse rates then the general population.
Sources: “Stress Management for the Professional Correctional Officer”, Donald Steele, Ph.D., Steele
Publishing 2001 “Corrections Yearbook 2000, 2002”, Criminal Justice Institute, Middletown, CT “Sourcebook
of Criminal Justice Statistics 2003”, Bureau of Justice Statistics, 31st edition, NCJ 208756 “Suicide Risk Among Correctional
Officers”, Archives of Suicide Research, Stack, S.J., & Tsoudis, O. 1997 Metropolitan Life Actuarial Statistics,
1998 Society of Actuaries, 1994
