Leadership Training on Ministry Initiated Investigations

Local Union Leadership and Stewards will be attending training this coming August to assist our members in the event of any type of Investigation including such under Article 22.

Members are encouraged to make use of email addresses provided to contact your local executives for non urgent situations.

Thanks, Randy

Grievances

Members are encouraged to continue with their responsibilities for their own respective grievances(collection of evidence, adhering to time lines etc..). Please provide a copy of Stage 1 to Slinger. If/when you choose to proceed to stage 2 (In the event the grievance is not satisfactorily settled by the supervisor) please ensure proper forms are forwarded to Slinger within time frames governed by Article 22 of the Collective Agreement. Should you have any questions regarding the filing of grievances, please refer to new Collective Agreement Hard copies will be available by the fall. I can be contacted at my home email or on my cell should you require an help.

Upcoming Educational in London, Sept 26/27 if anyone is interested. Info can be found here. Thanks, Randy

News Update From The MERC Team - July 1/09

We met with the employer on June 29th regarding Security Issues and Inmate Management.
We tabled numerous agenda items for discussion at this table, as well as requesting information pertinent to topics, much of what has/is presently on provincial tables. Items we felt needed to be included in any recommendations report that is forwarded to higher ups. This report is to be completed by the end of September.
It is a work in progress and there are more items to add, as well as more research required. Once the finial document is completed, we will ensure it is posted on our web site and sent to the local executives the same time it is released.

Meeting with the employer on June 30th regarding the Rollovers.

The Employer advised that they will be requesting that all adult institutions start to calculate the straight time hours of all fixed-term Correctional Officers from the beginning of their first contract up to and including June 28, 2009.The parties agreed in principle thus far to the following:

1. All fixed-term Correctional Officers will be provided the opportunity to receive and dispute the hours which will be used in this roll-over exercise.
2. This will be the last time fixed-term Correctional Officers will be provided the opportunity to dispute their hours (beginning from their first contract up to and including June 30, 2009). These hours may be used in future roll over exercises without a dispute process.
3. Upon receipt of their hours, fixed-term Correctional Officers will be provided five business days to dispute these hours. It is the responsibility of the fixed-term Correctional Officer to provide documentation to support their dispute (i.e. Pay stubs, etc.).
4. Should the parties not agree on the disputed hours, the dispute will be referred to the MERC Implementation Committee.
5. An Expression of Interest will be drafted and forwarded to all adult institutions asking all fixed-term Correctional Officers to "express their interest" in becoming classified, if the opportunity is available.
6. These "Expressions of Interest" will be posted for ten business days.
7. To be eligible to apply for this process, fixed term Correctional Officers must have been employed at their current institution for a period of at least one year.
8. Should the fixed-term Correctional Officer NOT have been employed at the institution for a period of one year, they may be considered for roll over at the last institution they have worked (as long as there was no break in service longer than 13 weeks) if they were employed at that institution for a period of one year.
We are also encouraging locals executives to make their own lists of vacancies and other pertinent numbers with rational. Suggestions have been sent to local presidents
Local 135 has presented our MERC team with our vacancy list.

Dear Brothers and Sisters

The following document was “leaked” by management recently.

This is a management document and was not negotiated by the union. It falls under managements rights to come up with such a program and in so much, it is no different than the previous program, in that we have the right to grieve this management program.

The ASP committee has yet to meet, MERC has sent dates to management and we are waiting to hear back. I am sure that is where management first intended to present this document to us.


click anywhere on this line to view the document.

Rezoning OK'd for 'urgently needed' jail

WINDSOR, Ont. -- Council has approved rezoning for construction of a new jail site at the south end of Walker Road.

The decision was made at the end of a marathon six-hour special meeting at City Hall on Thursday night.

The motion passed by a vote of 8-2.

Councillors Ron Jones, Drew Dilkens, Fulvio Valentinis, Percy Hatfield, Alan Halberstadt, Caroline Postma, Bill Marra, and Jo-Anne Gignac voted in favour.

Councillors. Ken Lewenza Jr. and Dave Brister were the opposition votes.

"We talk about NIMBY," said Jones before the votes were taken. "Some people say it means 'Not in my back yard.' Others say 'NOW in my back yard.'"

Rezoning was the last obstacle to the controversial project, which will be located west of 8th Concession Road just north of Highway 401.

Although Jones said he was "astonished" by the lack of involvement by local MPPs, he said rezoning for the jail is the right choice.

"We do require a new facility. We have to put people to work. We have to do what is right for the City of Windsor, not just one community."

More than 40 delegations — from concerned residents to provincial representatives to a correctional officer — signed up to speak on the issue.

Residents who crammed council chambers reacted with dismay to the decision. One irate attendee clapped loudly to interrupt Halberstadt's speech.

Ward 4 resident Antun Peakovic said he was shocked by council's decisions, and called the public input process "a sham, a joke."

Peakovic said the jail will always have an "inherently negative" image, and many of his questions about the facility remain unanswered — such as whether it will serve only Windsor, or all of southwestern Ontario.

"We are the taxpayers, and yet you don't seem to care," he told the mayor and council.

Ana Peakovic, Antun's mother, called the jail a "monster."

"There are too many hidden agendas," she said. "Dwight Duncan and Sandra Pupatello have no excuse. They have turned against us."

Rob Pattison, vice-president of Infrastructure Ontario, construction is hoped to begin in the fall of 2010.

Indicated as a red zone on planning maps of the area, the site for the jail is an area of 30 acres. The main building will have a capacity of 315 inmates, but is limited to a height of no more than 14 metres.

There will be two sets of fences, including one 20 feet high topped by razor wire.

Paul Prsa of the Croatian Sports Club said the new jail will be a direct neighbour to his club's long-standing soccer facilities. He predicted that the jail will cause permanent upheaval to the club.

"Our membership is largely made up of families with young children, and in some cases, grandchildren," he said. "Quite frankly, we were there first."

Prsa alleged that the consultation process "has been largely rigged to produce a favourable outcome for the major private players in this game."

"We've been bullied by the big guy in the school yard, so to speak."

In an emotional speech, Ward 4 resident Martha Belleperche said she and others have been stressed for months by the prospect of the jail.

"We have been lied to from the beginning by (the Ontario Realty Corporation), and the provincial government."

But community supporters of the site pointed to the employment it will generate, and the need to replace the current outdated facility on Brock Street.

"This project will create a number of good-paying jobs for our members," said Rob Petroni, president of a local labourer's union. "We understand that if it gets turned down here, it will probably go somewhere else."

Paul Petroni, a correctional officer who has worked at the Brock Street jail, pointed out that the current facility is more than 80 years old, and is subject to overcrowding.

"It is time to build a new jail, and the outcome would not only benefit my members, but also Windsor," he said.

Petroni said he believes the old jail has had a positive impact on its community, which includes a nearby church, elementary school and west end businesses.

But his comments drew mocking interjections from some residents, prompting the mayor to call for decorum.

"No more outbursts," Francis said. "If there are any other outbursts, I'll ask you to leave the chambers."

Steve Small, assistant deputy minister of the Ministry of Community, Safety and Correctional Services, said a new jail in Windsor is "urgently needed."

He said there have been no escapes at any of Ontario's modern jail and correctional facilities, and no security breaches in the past decade. "Safety and security is paramount," he said.

Hugh Handy, speaking on behalf of the Ontario Realty Corporation, noted that Windsor police support the new jail's location.

"We believe it is compatible with existing and proposed land uses," Handy said. "It will be integrated into the future urban fabric."

Grievance Process

Members are reminded to review Article 22 and their responsibilities in the grievance process. Time lines are important, and grievors must adhere to them. Grievors must do their part, as governed by Article 22. Should you have any questions feel free to ask.


135 Executive

New Doe Law Shields Correctional Officers

New Doe law shields corrections officers
Backers say it will reduce frivolous suits
By Patrick Marley of the Journal Sentinel
Madison — Gov. Jim Doyle signed a bill Friday that supporters say will stop prisoners from launching frivolous lawsuits against correctional officers. "This law allows corrections officers to properly do their job protecting our communities without having the constant threat of being sued for unfounded reasons hanging over them," said Rep. Gordon Hintz (D-Oshkosh), a sponsor of the bill. Anyone can file John Doe complaints with judges that require them to take testimony, even when there is no evidence of a crime. Correctional officers say inmates have abused the system, leading to meritless complaints that tie up courts and force officers to pay legal expenses. Under the law signed by Doyle at Waupun Correctional Institution, judges would forward complaints to district attorneys to investigate. If the district attorney does not file charges, the complaint would go back to the judge to decide if he or she wanted to launch a separate investigation. Judges would have more discretion than they do now in deciding how to conduct those inquiries. Judges would still have to convene hearings if they are requested by district attorneys. The 170-year-old John Doe law is most often used by district attorneys, who consider it a valuable tool for drug investigations and other complex matters. Some judges have interpreted the law to mean that they have to issue felony charges against officers even when they lack evidence. In a 2007 case, a Dodge County judge charged Waupun officer Gabe Umentum with mistreating an inmate, relying on nothing more than the inmate's word. Umentum has said the case turned his life upside down and cost him $4,618 in legal bills. A special prosecutor eventually dropped the case, and the state repaid his bills. Officers say cases like that have led some officers to be overcautious with prisoners.

Ontario needs this kind of law to protect our members from frivolous inmate lawsuits!