Staff Report #3
February 28, 2024
To All Commissioners
Re: 2023 Mutual respect/Human Rights Summary Report
Recommendation
The report be NOTED and FILED.
Background
The London Transit Commission policies on Human Rights and Diversity (Anti-Harassment, Anti-Sexual Harassment and Anti-Discrimination) and Mutual Respect in the Workplace address the Commission’s expectations of employees and public members who utilize London Transit services.
The respective policies and written procedures outline the complaint procedure and investigation/decision-making process, including the option for a complainant to appeal decisions reached to a higher level. These policies and related procedures have been reviewed with all current employees and are incorporated into the Onboarding Program for all new employees.
In 2022, administration completed an organizational review of London Transit’s internal investigation process, which at the time had the Human Resources department responsible for alleged policy violations of Human Rights and Diversity (Anti-Harassment, Anti-Sexual Harassment & Anti-Discrimination) and respective department Directors/Managers responsible for alleged policy violations of Mutual Respect in the Workplace. The review found that the complaint procedures warranted modification to streamline the process. As such, a single management investigator, Specialist Workplace Investigator with the requisite skills and experience, took over the responsibility for all workplace investigations. The change has proven beneficial; it has allowed for a more focused, proactive approach to the investigation process, reduced completion dates of investigations, and made it easier for employees to know whom to reach out to when they have a concern.
The Specialist Workplace Investigator is responsible for completing an annual assessment in the first quarter of each year, comparing year-over-year trends relating to these policies and related complaints filed and investigated. The annual assessment identifies critical trends and issues that require focus moving forward and those requiring specific initiatives to be undertaken to reverse and/or slow the rate of any concerning trends that may become apparent.
Summaries of the complaints and investigations related to both of the above-noted policies for the years 2020-2023 are set out below, noting that the information provided is summarized at a level high enough to ensure privacy for all parties involved in the complaint and investigation processes.
Human Rights Complaint Process Summary
All alleged human rights complaints received are investigated consistent with the policy and associated procedures. If the complaint is received from a bargaining unit employee, the requisite investigation will be completed jointly between the Specialist Workplace Investigator and an ATU Local 741 Union Executive member appointed by the ATU Local 741 President, per the Collective Agreement. The final investigation report, including findings and recommendations, is subject to the department’s Director’s concurrence.
The following table summarizes all human rights complaints received in each of the years 2020 through 2023. The internal complaint column represents those claims filed by a London Transit employee, and the external complaint column represents those filed by a member of the public.
| Summary Human Rights Complaints 2020-2023 | |||
| Year | Complaint Filed By: | ||
| Internal | External | Total | |
| 2020 | 10 | 11 | 21 |
| 2021 | 7 | 19 | 26 |
| 2022 | 14 | 24 | 38 |
| 2023 | 16 | 21 | 37 |
| 2023 % Alloc Total | 43% | 57% | 100% |
As the table indicates, 2023 was consistent with 2022, with an increase in the total number of complaints filed in both the internal and external categories as compared to the earlier years. When considering these numbers, it is essential to recognize that one of the underlying goals of the policy and procedure update undertaken in the last few years was to make employees/customers more comfortable with the process, and as such, an increase in the number of complaints is not unexpected, nor unwelcomed. Additionally, introducing the Specialist Workplace Investigator in late 2022 and the educational campaign rolled out to introduce the new role in the organization as well as the new streamlined process have further increased employee comfort in bringing forward issues and resolving matters more timely and effectively for all.
The respective policy and Ontario Human Rights Code prohibit discrimination on protected grounds. A detailed analysis of the grounds and subject of the complaints offers valuable insight into any trends that may be developing. Of the 122 Human Rights complaints filed over the past four years, the following provides a breakdown of the basis of the alleged violations:
- 49% identified ancestry, colour, race or citizenship;
- 38% identified disability;
- 7% identified gender identity or gender; and
- 7% identified other categories, including age, marital status, family status, etc.
With respect to the investigation outcomes, of the total 122 complaints filed over the four years:
- 43% were deemed to be a violation of the Human Rights and Diversity Policy (Anti-Harassment, Anti-Sexual and Anti-Discrimination;
- 24% were deemed to be unfounded but with action required relating to other London Transit policy/procedure violations; and
- 33% were deemed to be unfounded, with no further action required
Notably, in 2023, 25% of complaints were deemed to be a violation of the Human Rights and Diversity Policy (Anti-Harassment, Anti-Sexual and Anti-Discrimination) as compared to the four-year average of 49%, and 39% were deemed unfounded, with no further action, as compared to the four-year average of 33%. The underlying objective as the employer is to have no violations of any kind, and the decrease noted in 2023 is positive.
Breaking down the complaints between those filed internally versus externally also provides insight into the interactions leading to complaints. Of the total 47 internal complaints filed over the four years:
- 57% stemmed from a customers’ treatment towards Operators;
- 38% stemmed from employees filing complaints against co-workers; and
- 4% stemmed from employees filing complaints against members of management/administration.
As set out in Staff Report #5, dated February 28, 2024, there is a trend of increased negative customer interactions directed towards Operators and other front-facing employees. Item 5.5 – Expect Respect Program on the 2024 Work Program includes an initiative to develop onboard communications that clearly articulate the expectation of respectful behavior of all parties while utilizing London Transit services.
In the fall of 2023, Human Resources began a review and update of the Human Rights and Diversity (Anti-Harassment, Anti-Sexual and Anti-Discrimination) and Mutual Respect in the Workplace Report training programs, which were initially developed and rolled out in 2015/16 to ensure the training continues to meet legislative requirements, effectively educates employees on provisions of the policies, addresses workplace issues to reduce policy-related violations and improves the workplace environment. All employees receive the requisite training as part of LTC’s Onboarding Program. In addition, all employees participate in refresher training at least once every eight years. Further, where warranted, employees may undergo refresher training when an investigation and recommendation dictates same. The eight-year cycle will resume in 2024, with the delivery of the updated training beginning in the second quarter of 2024.
Mutual Respect Complaint Process Summary
Mutual Respect investigations cover a broad range of issues, from minor interpersonal conflicts to more serious issues such as privacy and/or harassment breaches. The Specialist Workplace Investigator receives complaints and then takes the necessary steps to investigate same. If the complaint is received from a bargaining unit employee, a joint investigation is undertaken between the Specialist Workplace Investigator and an ATU Local 741 Union Executive member appointed by the ATU Local 741 President. The final investigation report, including findings and any recommendations, is subject to the department’s Director’s concurrence.
London Transit conducts an annual review of all Mutual Respect complaints received and related investigations into the same in an effort to identify any trends that may be occurring. The chart below summarizes the total number of Mutual Respect complaints received each year over the four-year period 2020 through 2023.
Summary Mutual Respect Complaints 2020 to 2023
| Year | Complaints |
| 2020 | 9 |
| 2021 | 15 |
| 2022 | 21 |
| 2023 | 16 |
| Total | 61 |
Consistent with the Human Rights and Diversity complaint commentary earlier in this report, the introduction of the Specialist Workplace Investigator position and related process was anticipated to have made employees more comfortable in bringing forward issues and resolving matters in a more timely and effective manner for all.
The distribution of the 61 internal complaints filed by LTC employees between departments is consistent with the complement levels in each department and as such, there are no concerns identified with any department trending higher than another. In terms of the investigative determinations for the 61 complaints filed:
- 40% resulted in corrective action being taken;
- 5% resulted in a recommendation for additional training;
- 60% resulted in the determination of the allegation being unfounded; and
- 5% remain outstanding
Over the last few years, the complexity of Mutual Respect in the Workplace complaints has increased, requiring, at times, more extensive investigation and, where warranted, a deeper analysis of the potential root causes for the complaints. The overall assessment conducted in 2023 determined that a number of the complaints received stemmed from communications between new Operators and the Dispatch department. The root cause of these complaints was a general lack of understanding of the multiple work rules by new hires, frustration with repetitive questions to Dispatchers, a lack of patience and understanding by Dispatchers toward new hires, and difficulties in overall communications. These findings have been shared with affected departments and initiatives to address these issues which will be rolled out in 2024 include enhanced discussion in New Operator Training with respect to work rules and where to go with questions, refresher training for Dispatchers with respect to their role in supporting Operators and an FAQ handout for Operators which answers the most commonly asked questions.
Next steps
This report will be summarized and shared with all employees through internal communication protocols.
Recommended by:
Kristan Timmermans, Specialist Workplace Investigator
Joanne Galloway, Director of Human Resources
Concurred in by:
Kelly S. Paleczny, General Manager