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You are hereHome > OPS > Ministry >November 9,  2001  LockTalk

Lock Talk:  A Publication of the OPSEU Corrections Campaign

November 9, 2001

MTC releases rape suspect by mistake

On October 29, Management and Training Corporation officials at New Mexico’s Santa Fe County Jail mistakenly released an inmate charged with raping a 14-year-old girl. The error was not discovered until two days later.

In a case of apparent mistaken identity, jail officials mistakenly released the wrong Javier Gonzales. Jail officials had obtained a release order for a Javier Gonzales accused of shoplifting, but the wrong inmate was identified and let go.

Santa Fe County Sheriff’s Major Ron Madrid said that jail officials did not have a photo of the Javier Gonzales accused of shoplifting at the time, and that may have contributed to the mix up. Santa Fe County Sheriff Benjie Montano said Thursday that someone at the jail should have verified they were releasing the right Javier Gonzales.

“Sometimes, suspects at the jail share a name, and, when that happens, officials must take care to ensure they have the right person when they are moving prisoners,” Montano said. “Obviously, someone didn’t do their job,”

Management and Training Corporation took over jail operations from Cornell Corrections in October. Correctional services manager Greg Parrish, who was hired in October to ensure that the privately run jail was living up to the terms of its contract with the county, said that MTC will perform an internal audit to determine how the mistake was made. The rape suspect’s release is now an active criminal investigation for the sheriff’s office, he added.

The Javier Gonzales accused of shoplifting was released after the mistake was discovered, Parrish said. Jail officials would not release any further information on him. State Police Officer Joe Schiel, who handled the investigation of Javier Gonzales the rape suspect, said a detective in Santa Fe County informed him of the mix up on Wednesday.

A grand jury indicted Javier Gonzales, 33, earlier this fall on one count each of criminal sexual penetration of a minor, criminal sexual contact of a minor and intimidation of a witness. According to the warrant for Gonzales’ arrest, Gonzales allegedly raped his fiancée’s 14-year-old half sister at her home last August. The arrest affidavit states Gonzales threatened the girl, telling her “you’d better not tell, or else.”

Demonstrators descend on Baird

Over 100 demonstrators jammed the front entrance at 80 Grosvenor Street on Thursday, Nov. 8 protesting the lockout of over 170 employees at Kennedy House in Uxbridge.

Unionized correctional staff of OPSEU Local 361 were locked out by their employer on Saturday, June 23. The employer has refused to sit down with Local 361 and bargain in good faith, leaving members on the picket line for 20 weeks.

The demonstration on Thursday was an attempt by the local to ask Community and Social Services Minister John Baird to intervene and force officials at Kennedy House to come back to the bargaining table and negotiate in good faith. Kennedy House is demanding concessions such as: elimination of top-up pay for pregnancy/parental leave; no seniority rights for laid-off workers; no wage increase for four years; the elimination of all current health and safety language; mandatory employee training without pay; no prior notice for changes to work schedules or shifts; overtime pay only after working in excess of 176 hours over four weeks; elimination of banked sick credits; reduction and elimination of workplace accommodation language for sick or injured workers; and refusal to give employees a pension plan.

“This employer doesn’t want our jobs to be a career,” said Charlie Bryans, president of Local 361. “They want you to work for them for two or three years and then send you out the door.”

OPSEU Executive Board members, staff and members from other locals were on hand to lend their encouragement. OPSEU president Leah Casselman was also there to show her support for the locked out members.

“John Baird has failed miserably as a minister,” Casselman said. “Kennedy House is only in this for the money.”

President Casselman told the members how proud she was of them.

“You have my admiration and respect for continuing to make your stand,” Casselman said. “I want to personally thank you for continuing to support Charlie and the rest of the local executive in what is surely very difficult times. We will win this fight!”

President Casselman then presented a cheque for $2,600 to Local 361, an amount that matched the money raised at the Broader Public Service Conference the previous weekend.

Ironically, the Local 361 demonstration fell on the same day that Corrections Minister Rob Sampson announced that Correctional Services is taking over the responsibility for all young offenders in the province.

“Whether this move benefits the members of Local 361 remains to be seen,” Casselman said. “At least Sampson has some idea of how institutions are run. John Baird doesn’t have a clue.”

MOL rules on Toronto West refusals

Work refusals at Toronto West Detention Centre on Tues., Nov. 6 have resulted in a Ministry of Labour (MOL) order to develop policies on violence in the workplace.

The work refusals stemmed from complaints that a supervisor at Toronto West had physically threatened staff. The union says that the manager in question has threatened at least three staff members. Attempts by the union local to resolve matters with the employer had been unsuccessful.

“We accept that part of a correctional officer’s job is to deal with threats from the inmates,” said Doug Pickett, president of Local 517. “We shouldn’t have to tolerate it from our supervisors.”

The Ministry of Labour inspector’s order states: “The employer shall develop a health and safety program which will include a policy on violence in the workplace and shall maintain a program to implement this policy.” The inspector also ordered “the employer shall ensure that all supervisors and workers are trained on the policy of violence in the workplace.”

Despite the MOL orders, the employer has filed an application to the Ontario Labour Relations Board (OLRB) asserting that actions at Toronto West on Nov. 6 constituted an unlawful strike. Hearings for this application are scheduled in mid-December.

Watch here for more information as it develops.

Go online and sign!

Probation and parole members have started an online petition for members to show their support.

Visit the site and tell Corrections Minister Rob Sampson that you support demands for more probation and parole staff, reasonable workloads, safe communities and healthy work environments for all corrections staff.

The web address is http://www.petitiononline.com/gl1963/petition.html. Also, don’t forget to visit the probation and parole website at http://www.geocities.com/gordlonghi/ENOUGH.html.

Resolution watch

After a lengthy drought, resolutions in support of publicly run corrections are coming in once again.

This week, four more municipalities have added their support to the list. They are: the Municipality of West Elgin (southwest of St. Thomas), the Township of Stirling-Rawdon (north of Belleville), the Township of Matchewan (southwest of Kirkland Lake) and the Town of Aylmer (east of St. Thomas). That brings our total to 165.

Congratulations to Len Mason of Local 737 (Thunder Bay Jail), for continuing this project, even in the midst of bargaining.

For campaign information, call Don Ford (ext. 442) at 1-800-268-7376 or (416) 443-8888.

e-mail: dford@opseu.org

Ontario Public Service Employees Union
100 Lesmill Road, Toronto, Ontario M3B 3P8
www.opseu.org

Original authorized for distribution by Leah Casselman, president.

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