Violence in the Workplace

Good day readers.

Proposed amendments to the Ontario Health and Safety Act specify harassment and violence as hazards.

This would require employers to identify the hazard and carry out prevention and response. Violence would be a reason for a refusal to do unsafe work.

The employer would need policies, measures and procedures for the assessment and management of the risks.

Employers would also have to assist and report incidents or threats and provide training to workers regarding the hazard.

In solidarity, Emidio.

CUT ME A SLICE

Good day readers.

Please check out the latest from the National Union of Public and General Employees

www.peoplesresponse.ca

In solidarity, Emidio.

OLRB DECISION-0476-09-U

0476-09-U The Crown in Right of Ontario as represented by The Ministry of Community Safety and Correctional Services, Applicant v. Ontario Public Service Employees Union, Ontario Public Service Employees Union, Local 234, and Emidio Casullo, Responding Parties.

BEFORE: Kevin Whitaker, Chair.

DECISION OF THE BOARD: May 16, 2009

1. This is an application under section 100 of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended (the "Act") that was filed with the Board on May 14, 2009.

2. Having regard to the submissions of the parties and the agreement of the parties to the process used to adjudicate and dispose of this application, the Board makes the following findings of fact, declarations and orders:

i. Declares that OPSEU Local 234 encouraged and certain employees participated in an unlawful strike contrary to sections 81 and 79(1) of the Labour Relations Act, 1995;

ii. Orders and directs that Maplehurst employees represented by OPSEU Local 234 and OPSEU Local 234 and its officers, officials or agents cease and desist from encouraging an unlawful strike and/or participating in an unlawful strike;

iii. Orders and directs that the Maplehurst employees represented by OPSEU Local 234 not engage in an unlawful strike;

iv. Declares that a concerted refusal to work voluntary overtime and/or a concerted slow down relating to the movement of inmates within the institution for the purpose of facilitating their court appearance would constitute an unlawful strike;

v. Orders that the Maplehurst employees represented by Local 234 shall not engage in the concerted refusal to work voluntary overtime;

vi. Orders that Maplehurst employees represented by Local 234 shall not engage in a concerted slow down relating to the movement of inmates within the institution for the purpose of facilitating their court appearance;

vii. Orders and directs OPSEU Local 234 to communicate to the employees represented by OPSEU Local 234 that a concerted effort of refusing voluntary overtime and a concerted slow down relating to the movement of inmates within the institution for the purpose of facilitating their court appearance would constitute an unlawful strike;

viii. Orders and directs OPSEU Local 234 to provide a copy of the order of the Board to all employees represented by OPSEU Local 234;

ix. Orders and directs OPSEU Local 234 to post a notice setting out the order of the Board on the Union bulletin board at Maplehurst and provide a link on the Union Local 234 blog to the order of the Board;

x. That there are no orders and/or declarations and/or findings specifically against Emidio Casullo or any specific individual member of OPSEU Local 234;

xi. It is the position of OPSEU, OPSEU Local 234 and Emidio Casullo that neither the concerted refusal to work overtime, nor any slowdown of movement of inmates within the institution as alleged by the Employer in its Application, occurred for the purpose of delaying or interfering with the court appearance of any or all inmates;

xii. There shall be no discipline of any member of OPSEU Local 234 for any action or inaction for any matters related to the Application up to and including May 19, 2009;

xiii. That OPSEU Local 234 and Maplehurst employees represented by OPSEU Local 234 have issues regarding staffing, inmate capacity and health and safety;

xiv. That the Provincial Joint Health and Safety Committee will conduct an health and safety meeting at Maplehurst in order to deal solely with OPSEU Local 234 health and safety issues as noted in paragraph xi above, to be held within 45 days hereof. The subject matter of the health and safety meeting will include, but is not limited to, issues related to the safe and expeditious movement of inmates within the institution;

xv. That the Ministry Employee Relations Committee (MERC) will conduct a meeting at Maplehurst in order to deal solely with OPSEU Local 234 staffing, inmate capacity issues and concerns, to be held within 45 days hereof. The Employer will consider any request that OPSEU Local 234 be made a priority in terms of implementing the Letter of Understanding dealing with Roll Overs;

xvi. That there will be a meeting of the local Joint Health and Safety Committee scheduled for May 19, 2009 to discuss the issue of the process associated with releasing inmates to the day room for purposes of pick up and escort to A and D;

xvii. That the employees, Employer and Union have rights, responsibilities and obligations under the Occupational Health and Safety Act and that nothing herein restricts or prejudices those rights, responsibilities and obligations;

xviii. That the Board is seized with this order and its enforcement and either party may request that this matter be heard by the Board expeditiously.

"Kevin Whitaker"
for the Board
2

NOTICE TO MEMBERS OF LOCAL 234

Good day readers.

Further to the posting in the workplace I am posting this update.
On May 14, 2009 at the Ontario Labour Relations Board a decision was made in the matter of File number 0476-09-U.
As directed to take all reasonable steps in bringing this decision to your attention please read the email sent to you by the employer and if you require a copy please ask me at work.

NOTICE TO MEMBERS OF LOCAL 234
Thursday, May 14, 2009

An emergency meeting of the steward body occurred today and we so advise the following:
1. The Crown in Right of Ontario has served OPSEU, Local 234 and the President of the Local by name to appear before the Labour Board tomorrow.

2. The Local Executive advises that any refusal by staff, in combination or in concert or in accordance with a common understanding, to slow down processing of inmates for court and / or refusal to work overtime is, in law, an unlawful strike.

3. We also advise that staff who engage in unlawful strike activity may be disciplined by the employer up to and including dismissal, subject to the grievance process and just cause provisions.


As such, I am advising the members to sign up for overtime if you so choose. I also advise that if you are able to notify anyone who is at home of this notice to please do so.

Finally, I advise the members to work in a safe and expeditious manner in day-to-day operations.

If a health and safety issue arises that is of imminent danger please advise your manager and follow the procedures as outlined in the Ontario Health and Safety Act.

In Solidarity,
Emidio Casullo.

Meeting Tuesday, May 26, 2009.

Good day readers.

As a result of the meeting held May 12, 2009, we have set meetings to further update the members.

Date: Tuesday, May 26, 2009
Location: Best Western Milton.

Stewards meeting at 1830 hrs, and,
General Membership meeting at 2000 hrs.

The agenda is as follows:

1. Call to order.
2. Statement of respect.
3. Update on the status of the issues and labour relations.
4. New business.
5. Adjournment.

In solidarity, Emidio.