Canadian Labour Reporter

January 25, 2016

Canadian Labour Reporter is the trusted source of information for labour relations professionals. Published weekly, it features news, details on collective agreements and arbitration summaries to help you stay on top of the changing landscape.

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7 Canadian HR Reporter, a Thomson Reuters business 2016 CANADIAN LABOUR REPORTER NEWS < Ontario pg. 1 have its own separate agreement. Any disputes would also be set- tled by a third-party arbitrator, re- voking employees' right to strike, which was something of a victory for the union. "It's been a huge issue for our folks, it's been a tough fight and we're finally there. This deal satis- fies the strong desire of our mem- bers to have their wages set at ar- bitration," said Tom O'Neill, chair of OPSEU's correctional bargain- ing unit. The collective agreement mim- ics that of police or emergency workers and effectively gives On- tario's prison staff an essential ser- vice designation. "Front-line correctional staff are the first responders who deal with violence, trauma and trag- edy in the normal course of our work, and we intend to be recog- nized for the vital service we pro- vide in keeping Ontarians safe," O'Neill said. He added the union won im- provements around the ability to earn and take time off. Yasir Naqvi, minister of com- munity safety and correctional services, echoed the sentiment, saying the front-line workers should have an essential services designation based on the type of work they do. He added that after a deal was reached, the ministry is now able to move forward with key changes with the help of the union and a positive labour relationship. "One of the key things I learned during the entire year we were negotiating with our partners is that the status quo really could not continue," Naqvi said. "We need to ensure we are putting more focus on rehabilitation and reintegra- tion services so that we deal with capacity issues and ensure more for the public's safety." Those changes could include rehab and transitional programs, such as halfway houses, but Naqvi said the project is a significant un- dertaking that will also address mental health concerns. "We're looking at better men- tal health supports for inmates, better assessments of what their mental health needs may be and then providing that support, such as hiring mental health nurses and training correctional officers on mental health issues," he said. "In the long run, what we really need to focus on is how do we re- duce the number of people com- ing into our institutions," he said, adding that he intends to work with the province's attorney gen- eral and approach the federal gov- ernment with potential amend- ments to the Criminal Code. Staffing levels Staffing levels in Ontario's prison system have long been a point of contention for OPSEU, which said shortages have put both inmate and employee safety in jeopardy. According to the union, about 800 more officers would be need- ed to adequately fill the void. "We're short throughout the province and we're not able to run service at full steam because of staffing shortages," O'Neill said. "Our probation and parole offi- cers have the highest caseloads in the country." Since 2013, Naqvi said the Ministry of Community Safety and Correctional Services has ramped up its hiring efforts and about 570 officers have joined the ranks. That includes a class of 144 correctional officers who were recruited in the days following ratification of the collective agree- ment — the largest class the prov- ince has trained thus far. Naqvi said the ministry will continue with similar numbers over the next few years to ensure there are enough staff members to implement his vision for the sys- tem's transformation. The union is optimistic. "It didn't happen overnight and it's not going to be cured overnight, but we're definitely moving in the right direction," O'Neill added. Changes welcomed in court Criminal lawyers also welcomed the agreement. Anthony Moustacalis, presi- dent of the Criminal Lawyers' As- sociation, said some lawyers had reported difficulty when attempt- ing to access clients at the Toron- to South Detention Centre (the country's second-largest prison), which may have had something to do with a lack of staff. With an essential services des- ignation and an agreement in place, better enforcement is the likely outcome. "There are several essential services in modern societies, one of which is the prison system, and that makes sense because it's an adjunct to the court system, and any sort of functioning democ- racy requires an effective court administration — which includes getting to and from the court- house in a timely manner, and making sure prisoners are acces- sible," he said. He added that Naqvi's pro- posed reforms bring to light many concerns in the prison popula- tion, about 80 per cent of which deal with some combination of mental health, addiction, drug or substance abuse problems, and about 30 per cent of which deal strictly with mental health issues. "Modern humane society rec- ognizes that people who have medical problems — you offer treatment, you don't just put them in jail," Moustacalis said. "The model of how we even construct prisons is to ensure safety but also isolation, and that's not conducive to proper treat- ment. You can't just remove peo- ple and expect that not to have a lasting impact." Staffing levels remain safety concern for union Photo: Fred Thornhill (Reuters) The Toronto South Detention Centre, the second-largest prison in the country, has repeatedly been a concern for workers and lawyers who say staff shortages have affected operations and safety.

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