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The Factual Report on Corrections Negotiations

Issue 13 - December 6, 2001

“The secret to creativity is knowing how to hide your sources.” - Albert Einstein

Essential services agreement completed

Your bargaining team is pleased to announce that we have completed the Essential Services Agreement (ESA) for correctional services. The union and the employer finally signed off the Institutional Level of Service Agreement, Master Agreement and Site Agreements late last Thursday night.

The Corrections Team worked hard to strike a balance between the health and safety of our members and making the ESA work best for us if there is a labour dispute. The Level of Services Agreement now includes the number of hours that inmates are unlocked, and the number of hours where there is no inmate movement in correctional centers.

“The hours of unlock agreement was an important gain for us,” said Rick Dagenais, Corrections Bargaining Team member. “Our members’ health and safety was always our primary concern when negotiating the ESA.”

Your bargaining team will now focus their attention over the next few weeks on our members’ list of demands. The team will also decide the issues that will be removed from the central table to negotiate at the corrections table.

Copies of the agreements will be sent out as soon as possible. Watch here for further news as to when the agreements will be sent out. Members with inquiries should contact their bargaining team representative.

Local protocols must be consistent

Local protocols on the implementation of essential services must be negotiated at each worksite. The Corrections Bargaining Team requests that local presidents and local executive committees do not enter into any local protocol negotiations with managers until directed to do so by your bargaining team.

We want to ensure that all locals are provided with the pertinent information and the proper direction before local negotiations commence.

When given the go-ahead to negotiate local protocols, presidents should contact their bargaining team representative for assistance. This will ensure consistency across worksites in the province.

Actors, it’s time to help your team!

Recently, we suggested that acting managers return to the bargaining unit to support us in getting the best possible contract. We are aware that some acting managers will return to the bargaining unit to support their bargaining team. We, and all correctional bargaining unit members, thank you for your solidarity.

For those acting managers who decide to remain, you can still help your bargaining team get a good contract. At each work location the employer has developed a site specific Legal Strike Response Plan. Your bargaining team needs those plans and any other information that the employer has developed or will develop regarding preparation for a strike.

Over the next few weeks, the union will approach all acting managers to discuss these issues. Please help your team get a good contract by providing us with this information.

Autonomous Corrections - it’s not going away

Pensions and wages rank high in priorities for negotiations. Another issue on the top of the list is “Autonomous Corrections.” Although autonomy for the corrections category is a new demand in our collective bargaining, the concept has been around for years.

Thirteen years ago the late Ron Barber, a correctional officer from Guelph Correctional Centre, first introduced “expanded category bargaining” at a corrections divisional meeting. The following year, former MERC member Bill Gillies and Larry Cripps gave a presentation to the OPSEU executive board rationalizing what Brother Barber had conceptualized.

Expanded category bargaining would allow all wage categories to bargain working conditions that related to their group at each respective wage table. Priority issues for corrections such as shift and weekend premiums, overtime, pensions and shift schedules did not hold the same importance to other working groups. Invariably, these issues were usually dropped off at the central bargaining table.

Corrections contended that we were seeking the ability to bargain certain issues independently, similar to those groups in the broader public sector and the college system.

In 1993, the NDP made major changes to the Crown Employee’s Collective Bargaining Act (CECBA). Along with having the right to strike, the six wage categories in the OPS had the ability to independently negotiate certain working conditions such as overtime, shift premiums, shift schedules and hours of work. Although expanded category bargaining had been achieved to some degree, Section 25 of CECBA placed a limitation on what issues could be bargained at a category wage table. Pensions, job security and unclassified issues such as seniority were still subjects for negotiation at the central table.

As history has shown, this is an issue that is not just going to fade away without finding a satisfactory resolve.

Management directs staff to remove armbands

On Tues., Dec. 3, members at the Monteith Complex and the Sault Ste Marie Jail wore black armbands in support of the Corrections Bargaining Team. It only took 30 minutes for the employer to react by ordering the members to remove the armbands or face discipline. When staff questioned management as to why, all management could say is that the direction came from the Ministry Regional Office.

The bargaining team attempted to contact the Regional Director’s office to find out the reason for the order to remove the armbands. It came as no surprise that our calls were not returned.

“The employer is reacting because they do not want to see the members standing together in a show of solidarity,” said Len Mason, Corrections Bargaining Team member.

The team applauds these members and hopes other institutions will soon follow suit.

P & P decree
By Pat McCoy, Local 302, Oshawa Probation and Parole Office

I’m not a lawyer, police officer or judge, but they need me to do their jobs.

I don’t carry a gun, but I have told people to stay where they were and waited until the gun arrived and took them away.

I routinely decide if individuals in my supervision will remain free or face incarceration.

I’ve been sworn at, threatened, assaulted and cried on. I have been invited to the weddings and attended the funerals of the people in my care.

I have proudly carried out my duties for a province that has rewarded all of the professionals named above with pay increases of 30, 40 and 50 per cent over the past decade, but I’ve had to get by on less than 5 per cent.

I’ve done so much, for so long, for so little that I have almost forgot that public safety begins or ends with me.

I’m dedicated, I’m valuable and I’m smart, but most of all, I’m tired of waiting.

I am a Probation Officer.

Spotlight on your team

Dave Graves, Region 5

Dave Graves started in the Ministry of Correctional Services at the Mimico Correctional Centre in 1978. He has worked at Metropolitan Toronto West Detention Centre, Monteith Correctional Complex and currently works at the Toronto Youth Assessment Centre.

Dave brings to the table a wealth of knowledge. He has been the vice-chair of the Ministry Employee Relations Committee (MERC) since 1996 and was the vice-chair of the Corrections Bargaining Team in 1996. Dave’s experience led to his election as vice-chair of the current Corrections Bargaining Team.

“I want to get a contract that recognizes the dedication of the members in the Corrections Bargaining Unit,” said Dave. “I want to get a contract that reflects the professionalism of our members. Strong health and safety language that speaks to staffing levels, the inmate escort policy and the competency of managers must be included in this collective agreement.”

Dave enjoys traveling the world, and has visited Australia, France, Norway, England and New Zealand. He is also a fan of stock car racing and hockey. Dave is a connoisseur of fine foods, and is an avid critic of Toronto’s restaurants and cuisine.

“I am committed to getting a strong collective agreement,” said Dave. “I hope that my experience in bargaining and on the MERC team can help deliver a strong contract.”

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 Correct View is your only accurate source of Corrections Team information during this round of bargaining. If you don’t read it here, you can't be sure it's true. Don’t rely on gossip and rumours. We will provide the facts.

The Correct View 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 Correct View is authorized for distribution by Barry Scanlon, chair, Corrections team, and Leah Casselman, president.

Corrections Bargaining Update

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Ontario Public Service Employees Union, 100 Lesmill Rd. Toronto, ON M3B 3P8  (416) 443-8888  www.opseu.org