Strike news from your Corrections Bargaining Team
April 9, 2002
Talks continue under blackout
The media blackout remains in place, and talks with the employer are continuing. Keep those lines strong!
Big win for nurses at OLRB
The Ontario Labour Relations Board (OLRB) has ruled that nurses at the Toronto West Detention Centre were justified in refusing work due to untrained managers.
OLRB vice-chair Harry Freedman stated that there is an obligation under the Act for the employer to provide competent and adequately trained supervisors. This came after the employer testified that some 20 managers at the facility were only given a half day orientation session on working in a correctional
facility.
Freedman also stated in his decision that, “depending on the circumstances, a worker need not actually be in the workplace before engaging in a work refusal contemplated by the Act.”
You can obtain a full copy of the decision at http://www.opseu.org/ops/bargaining/torontowest_apr08.pdf.
Board to expedite return to work protocols
The OLRB has directed that all Correctional institutions being operated without correctional essential services employees engage in discussions to negotiate return to work protocols. If no protocol is reached by 10 p.m. on Thurs., April 11, the Board will hold expedited hearings with respect to each institution
and order a return to work protocol.
Vice-Chair Brian McLean has directed that these discussions take place between the superintendent, the local union president and local union health and safety officer.
McLean also directed that each return to work protocol will include a dispute resolution committee and the provision of a “safe and healthy work environment for all workers”. McLean stated that as part of this process, the Board may identify individuals by name.
McLean further reminded the parties that it is inappropriate to discipline staff who refuse to do non-essential work, and that it is inappropriate to refuse to work unless the worker has reason to believe an endangering situation exists or a violation of an ESA would create a situation which is likely to
endanger.
You can obtain a full copy of the decision at http://www.opseu.org/ops/bargaining/rtwprotocol_apr09.pdf.
IMPORTANT! Send us the information!
Please send all pertinent information regarding significant local incidents, reprisal complaints, work refusals, illegal lockouts, and health and safety appeals, as well as discipline and/or suspensions, to both:
Sue Philpott
Koskie/Minsky - Barristers & Solicitors
Phone: (416) 977-8353 ext. 2104
Fax: (416) 204-2882
and:
The Corrections Bargaining Team
Fax: (416) 815-1412
ESA Questions & Answers
Attention members:
Please call the OPSEU Central Mob Room at 1-877-561-8692 with your questions around Essential Services Agreements and arbitrated awards. Your bargaining team is very busy strategizing and mobilizing the locals and are not always available at the bargaining centre.
Inquiries may be referred to other areas that can deal with specific issues around your questions.
Corrections team members
Region 1: Jack Hopkins, L. 122
Region 2: Barry Scanlon, L. 230 (chair)
Region 3: Larry Cripps, L. 309
Region 4: Jim Bothwell, L. 467
Region 5: Dave Graves, L. 521 (vice-chair)
Region 6: Rick Dagenais, L. 642
Region 7: Len Mason, L. 737
You can reach the bargaining team at (416) 815-0284 or by e-mail at correctionsteam@opseu.org.
The Burn Barrel will be available by fax, by e-mail, and on the OPSEU web site at www.opseu.org . To receive it directly, send your secure fax number to Lesley Williams at (416) 443-1762 or send your e-mail address to
lwilliams@opseu.org.
The Burn Barrel is authorized for distribution by Barry Scanlon, chair, Corrections Bargaining Team, and Leah Casselman, president.
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