Staff Report #6 – Re: 2018 Work Program – Human Resources – Third Quarter Update

Staff Report #6

October 31, 2018

To All Commissioners

Re: 2018 Work Program – Human Resources – Third Quarter Update

Recommendation

The report be NOTED and FILED.

Background

The following report is provided as an update on major projects as set out in the 2018 Work Program that were scheduled to commence and/or be completed in the third quarter, with the lead on same being the primary responsibility of Human Resources.

Occupational Health and Safety Work Program

The following provides an update on activities scheduled and/or completed from the Occupational Health and Safety Work Program for the third quarter of 2018.

Fitness for Duty

London Transit has policies in place to ensure the safety of all staff. The legalization of cannabis does not change the requirement for all London Transit employees to come to work fit for duty at all times. Nonetheless, the employer will be rolling out a “Fitness for Duty” policy and related procedures.

The policy will reiterate London Transit’s commitment to providing and maintaining a safe and healthy workplace for all employees, customers, the public/community and the environment, and reinforce London Transit’s position on fitness for duty, substance use, and impairment in the workplace. The policy and procedures will apply to all London Transit employees (all employees at all times while engaged in London Transit business, when on Company premises, worksites, assigned as on-call, while in uniform and, while operating London Transit vehicles and equipment) and all London Transit contractors. Key elements of the procedure will include:

  • responsibilities of all parties, the employer, supervisors and employees
  • commitment to support employees with substance use disorders
  • education on impacts of substance use
  • strategies for the assessment of potential impairment
  • definition/designation of safety-sensitive positions
  • testing criteria when there is reasonable cause, post-incident and return to work (post-incident)

Training for all supervisory level employees with respect to the above is currently underway and will be completed prior to the formal implementation of the policy and related procedures which is expected to be completed by the end of the year.

On-Site Pedestrian Safety at the Highbury Facility

To better protect the safety of all employees not wearing appropriate personal protective equipment, the employee walkway on 1-Track has been removed in an effort to re-direct the flow of employee traffic to a designated area.

Workplace Violence Prevention Program

In 2014 the Workplace Violence Prevention Program was significantly re-vamped and re-launched in 2015. All areas of the program including policies and procedures, incident response, employee support, investigation procedures and training were substantially enhanced. Human Resources led the review that included Operations management, Operators, the Joint Health & Safety Committee (JHSC), ATU Local 741 Executive and external assistance by London Police Services and other consultants with requisite expertise.

The Workplace Violence Prevention training program was also re-developed, moving from a half day course to a full two day program. As of June 30, 2018, all active Operators have completed the training program. The enhanced Workplace Violence Prevention training consists of in-class instruction on policies and procedures, interpersonal skill development, with emphasis on challenging customer service interactions and skills required, threat awareness, and role-playing in real-life scenarios.

The 2018 Work Plan called for the JHSC to assess the effectiveness of the Workplace Violence Prevention Program, including training, banning, and communications to determine program effectiveness. Highlights of the review noted the following:

  • number of incidents has remained stable despite increases in Operator complement (20%), service hours (11.2%), and ridership (2.5% since 2015)
  • Operators have demonstrated an increased ability to defuse potentially difficult situations
  • subsequent to the development of the Program, updates and training have been implemented to address current events, trends, etc. (i.e. training was updated to ensure Operators were better equipped to handle incidents such that occurred in Winnipeg)

In summary, the JHSC agreed that the Workplace Violence Prevention Program has proven effective and has had a positive result for employees. However, the parties also recognize the ongoing commitment to reduce incidents of this nature is paramount and remains a top priority for the JHSCs and London Transit.

Making Ontario Open for Business Act

At the time of writing, the Ontario government is proposing the “Making Ontario Open for Business Act,” which would repeal requirements in the Employment Standards Act established by the Fair Workplaces, Better Jobs Act, 2017 (Bill 148).

Should the new Act be passed, a number of elements will be repealed. Those items considered for repeal that will have a direct impact on London Transit include the following:

  • the right of the employee to request changes to schedule or work location after an employee has been employed for at least three months.
  • the requirement for a minimum of three hours pay for being on-call if the employee is available to work but is not called in to work, or works less than three hours.
  • the employee’s right to refuse requests to work or to be on-call on a day that an employee is not scheduled to work or to be on-call with less than 96 hours’ notice.
  • the requirement for three hours pay in the event of cancellation of a scheduled shift or an on-call shift within 48 hours before the shift was to begin.
  • the requirement for equal pay for equal work on the basis of employment status (part-time, casual, and temporary) and assignment employee status (temporary help agency status).
  • all requirements included in the previous Personal Emergency Leave provisions (two paid sick days, up to a total of 10 personal days, etc.) and replacing these provisions with the following:
    • the right of every employee to take up to three days for personal illness, two for bereavement and three for family responsibilities
    • re-establishment of the rights of the employer to require evidence of entitlement to the leave that is reasonable in the circumstances (e.g., a note from a qualified health practitioner).

Human Resources will continue to monitor the progress of the Act, and if passed, ensure all related LTC policies and procedures are updated to ensure compliance.

London Transit’s Performance Feedback and Planning Program

At the April 2018 meeting, the Commission directed administration to prepare a report outlining the process related to the performance management/feedback program for the General Manager.

London Transit’s Performance Feedback and Planning Program supports all management staff, including the General Manager in carrying out their responsibilities, while ensuring goal alignment with broader corporate objectives, such as the Business Plan and the annual Work Programs. The program is comprised of three inter-related components discussed further below.

Leadership Review – an evaluation which includes assessment and commentary on eight key management competencies/skill groups as outlined in the “Results Centered Leadership Program” (all Managers participate in “Results Centered Leadership” training which establishes the principles and methods which all Managers are required to use in carrying out the leadership function). The eight elements assessed are explained further below.

  • Communication – listens to others, processes information, communicates effectively
  • Leadership – instills trust, provides direction, delegates responsibility
  • Adaptability – adjusts to circumstances, thinks creatively
  • Relationship Building – builds personal relationships, facilitates team success
  • Personal Task Management – works efficiently, works competently (technical skills)
  • Production – takes action, achieves results
  • Development of Others – cultivates individual talents, motivates successfully
  • Personal Development – displays commitment, seeks improvement

Work Program and Process Management Assessment – an evaluation on key work program initiatives for which the individual being assessed was responsible for, or played a key role in. In addition to specific work program initiatives, assessment is also conducted on any process review management initiatives which were undertaken during the period of review in the area of responsibility for the individual being assessed.

Personal Development – includes reference to discussion during the evaluation meeting with respect to any training/education where specific programs or courses are requested by the individual being assessed or suggested by the assessor in response to concerns raised in the evaluation. Other programs that are not in response to identified concerns but rather considered as development opportunities would also be included in this section.

On an annual basis, respective Supervisors complete a Performance Feedback and Planning evaluation on each of their direct reports giving consideration to each of the above elements. Given assessments in the area of leadership review are subjective in nature, based on the evaluator’s perception, an additional piece was added to the review process a number of years ago. The Checkpoint 360 Evaluation is a tool designed to measure the same eight leadership elements but gathers the perspective of direct reports, peers, and the direct Supervisor. For each person being assessed, a group of direct reports and peers, as well as the direct Supervisor, respond to a number of questions about the individual being assessed. The results of the surveys are compiled in a manner that compares the perspectives of each group on each of the leadership elements. The 360 evaluations are completed every 3-5 years and scheduled based on employee turn-overs and resource availability.

General Manager Review

Details with respect to the reporting structure and evaluation of the General Manager are set out in the Commission’s Roles, Responsibilities and Code of Conduct which is reviewed at the first meeting of each new Commission.

The section entitled Commission at Large includes the following reference with respect to the General Manager’s position.

The General Manager is accountable/responsible to the Commission for continuous growth and development of the corporation consistent with strategic goals, policy and program direction. As such, how the position is filled, performance assessed, etc. resides exclusively with the Commission.

The Commission’s roles and responsibilities includes specific reference to the evaluation of the General Manager’s performance (item k) as set out below.

Commission role and responsibilities

  1. k) appoint and evaluate the performance (annually) of the General Manager consistent with the role, responsibility and duties of the General Manager as defined by the Commission-approved position job description and delegated authority

The document goes further to specify specific duties of the Commission Chair with respect to liaising with and the annual performance evaluation of the General Manager as set out below.

Role of the Chair

  1. f) liaising with or through the General Manager on Commission business arising outside the scheduled meetings
  2. g) completing (in consultation with other Commission Members) the annual performance review of the General Manager, consistent with established policies, procedures and protocol

The procedure for the General Manager’s annual performance review was established concurrent with the Performance Management Feedback Program. It calls for the Commission Chair to gather feedback from all Commission members with respect to each element of the review as set out above. The feedback forms are circulated to all Commission members for completion and returned to the Commission Chair. The feedback is compiled into one form and discussed at a meeting between the Chair and the General Manager. The Director of Human Resources is available to assist the Chair with process as required.

Recommended by:

Joanne Galloway, Director of Human Resources

Concurred in by:

Kelly S. Paleczny, General Manager