BETWEEN:

Ontario Public Service Employees’ Union (OPSEU)

(the "Union")

- and -

(MINISTRY OF CORRECTIONAL SERVICES)

THE CROWN IN RIGHT OF ONTARIO

(the "Employer")

WHEREAS on August 28, 1999 the Parties agreed to address any complaint and/or grievance arising as a result of measures the Employer has taken or not taken to comply with Decision 98-05 by a mediation/arbitration process in accordance with Article 22.17 of the Collective Agreement;

NOW THEREFORE the Parties have agreed the following terms as settlement of some of the matters submitted to arbitration in accordance with the Parties Agreement, namely:

1. The Parties agree to request the arbitrator issue the terms of this Agreement as an order of the Grievance Settlement Board.
2. The Employer agrees to implement the following in respect of the items of uniform issued to correctional officers conducting community escorts by issuing these items to those officers:

1. winter hats will have a crest comparable to the crest on the Ministry issued baseball caps;
2. a bomber-style jacket with zip-out lining as issued to provincial bailiffs, complete with identifier "Corrections" on concealable flap on back and shoulder flashes;
3. raincoat (blue) with identifier "Corrections" stencilled on back;
4. A new winter parka with shoulder flashes and the identifier "Corrections" on a concealable flap on the back;
5. The Employer agrees to add a zipper on each side of the winter parka to allow easy access to the duty belt while wearing the parka;
6. The Employer agrees to provide sufficient nylon duty belts for use by correctional officers conducting community escorts;
7. The Employer agrees that the specification for pants shall include a fourth pocket for orders by the Employer placed after the date of this agreement.

3. The Employer agrees to implement the following in respect of the vehicle specifications for community escort vehicles:

1. The Employer agrees that decontamination equipment for pepper spray/mace will be added to the required equipment;
2. The Employer agrees to add gas masks for each vehicle in which mace is carried until the mace is removed from the vehicle;
3. The Employer agrees to add additional coveralls - blue for staff and orange for inmates to the required equipment;
4. The Employer agrees that tinted glass shall be required in all areas of new vehicles except for the front window by its vehicle specifications for community escorts;
5. The Employer agrees that its vehicle specifications for community escorts require a white full-size one ton, fifteen-passenger van be used for community escorts.

4. The Employer agrees that the following shall be implemented in respect of the training of correctional officers chosen to receive community escort training:

1. The Employer agrees to provide written directions, specific to the "black box" used at each institution, on the proper use of the device to each correctional officer and bailiff required to use the device within one month of this agreement;
2. The Employer agrees to provide training in mechanical restraints equal or better to that contained in the package of lesson plans provided to the Ministry Joint Health and Safety Committee under cover of a memo from Carole Cleave, dated June 24, 1999. The training will be given to the correctional officers given community escort training within one year of the date of this agreement.
3. The Employer agrees to provide the Chair of the Joint Health and Safety Committee a copy of the syllabus for the proposed training within two weeks of the date of this agreement.

5. The Employer agrees that for new orders after the date of the agreement, it will provide correctional officers and bailiffs with OC pepper foam in the Mark-4 Aerosol Projector once the current stock of OC Pepper Foam in the Mark-3 Aerosol Projector has been used or the shelf life of the Mark-3 cannisters have expired and the Employer agrees it will be replacing and not re-using each canister after it has been discharged and that replacement will occur at the end of the manufacturer’s recommended shelf life of 4 years.

6. The Employer has provided the Committee with a letter dated December 1, 1999 from Mr. Lewis, Superintendent of the OPP, expressing his confidence that the Employer is now providing the proper training and equipment for community escorts.

7. The Employer agrees to implement the provisions of this agreement as soon as possible and no later than 60 days for paragraph 2 a, c and f; on or before December 31, 2000 for 2 b, d, e; no later than 7 days for paragraph 3, and as specified in paragraphs 4 and 5.

8. As settlement to the complaint/grievances concerning the training in Sudbury on October 19, 1999, the parties agree the three correctional officers who were not permitted to continue the training after the first day will be offered an opportunity to take the community escort training by April 1, 2000 without precedent or prejudice.

9. The Employer agrees to convene a meeting of the Committee within 2 weeks of the date of this agreement and shall, if possible, provide a copy of the OPP linking map before the meeting to the members of the Committee. If said map is not available by the date of the meeting, the Employer will provide an explanation in writing to the Committee of why it is not available, in lieu of the meeting.

10. The Parties agree that the Liability Forms complaint and the complaint of Aldo DiRuzza concerning the London Armoury training will be dealt with without objection as to jurisdiction, at the next scheduled mediation/arbitration at Maplehurst Detention or at the Wellington Detention Centre should it close prior to the date of the Maplehurst Detention Centre mediation/arbitration.

11. The issue of the expenses of Nick Tefoglou and Barry Scanlon in respect of the terms of reference of the Committee will be dealt with as follows:

1. Messrs. Tefoglou and Scanlon will provide details of their claim to Mr. Gary Commeford within 2 weeks of the date of this agreement;
2. Mr. Commeford will provide a response to this claim within 2 weeks of the date of receipt of the details;
3. If Mr. Commeford’s response is not satisfactory, the issue will be referred to Mr. Gerry Lee, Arbitrator, for final determination.

12. The Committee agrees to provide its comments to the Employer concerning the Escort Policy draft provided to the Committee on November 23, 1999 within one month of the date of this agreement

13. The Parties agree that Arbitrator, Mr. Gerry Lee, will remain seized with the implementation of this agreement and of the remaining outstanding issues of direct communication with the police and the Employer’s escort policy.

DATED at Toronto this 19th day of January 2000. 

"Ronald Davis" "G. Commeford"

for OPSEU For the Employer

of Counsel, Koskie Minsky

"B. Scanlon" "N. Tefoglou" "D. Pitfield"

Barry Scanlon Nick Tefoglou Daryl Pitfield