Staff Report #2
September 25, 2019
To All Commissioners
Re: Harassment and Discrimination – Third Party Assessment
Recommendation
The Commission APPROVE the next steps associated with each of the recommendations stemming from the Rubin Thomlinson Summary Report regarding the completed workplace assessment.
Background
In April 2018, the Commission directed administration to utilize a third party to implement a process to:
- Conduct an intake of complaints and, where appropriate, conduct investigations of any individual harassment and/or discrimination allegations; and
- Conduct an assessment of LTC’s program and practices relating to harassment and discrimination. This includes getting feedback in a variety of ways from employees on their experiences relating to the program and a top to bottom review of policies.
Both of the processes have been completed and summary reports finalized by Rubin Thomlinson, each of which is discussed in greater detail below.
Part I – Confidential Intake of Complaints and Follow Up Where Appropriate
Part I of the process was launched on July 15, 2018 when all employees were advised, via an insert in the pay stub and postings on corporate bulletin boards and communication screens, that Rubin Thomlinson could be contacted directly via a dedicated confidential email address with respect to individual allegations of harassment and/or discrimination. The Phase I process was directed at current LTC employees (including those on leave), noting past employees would be provided the opportunity to participate in the second Phase assessment. In addition, consistent with advice from the Commission’s legal counsel, the scope of the Phase I assessment was limited to exclude any complaint where an investigation had already been completed and findings shared with the complainant and respondent, as well as those complaints that were the subject of a grievance/arbitration or where a formal human rights complaint filed with the Ontario Human Rights Tribunal. The process that was followed by Rubin Thomlinson with respect to these contacts was as follows:
- All individuals who utilized the email to contact Rubin Thomlinson were responded to within 72 hours to arrange an intake interview
- Subsequent to the intake interview, Rubin Thomlinson assessed whether the complaint was within scope
- In the event the complaint was deemed to not be in scope, employees were advised that the information shared would be utilized in Part II of the review, and were invited to share any additional feedback they may have during that process
- In the event the complaint was deemed to be in scope, an investigation would be undertaken and individuals would be notified of the outcome
A total of seven individuals submitted emails to the confidential email address. Given the small number of contacts, only summary information was provided in effort to ensure the process remains confidential. Summary particulars are set out below.
- One individual shared concerns that they had heard related to others, given there was no specific complaint, the information collected was utilized during the Phase II assessment
- Two individuals failed to respond to attempts by Rubin Thomlinson to gather follow-up information
- Four individuals shared allegations that were deemed out of scope, and the information they shared was utilized during the Phase II assessment
Rubin Thomlinson has advised they deem the Phase I process to be completed.
Phase II – Review of Policies and Practices Relating to Harassment and Discrimination
Rubin Thomlinson has completed the review of policies and practices relating to harassment and discrimination, which included an assessment of the workplace culture at LTC. That process included both a survey and in-person interviews, providing participants the opportunity to raise general concerns without triggering an investigation. In total, 780 surveys were direct mailed to all current LTC employees, including those on leave, as well as all of those who have left employment at LTC within the previous two years. Rubin Thomlinson received 137 completed surveys (17.6% response rate) and conducted 19 interviews, the data from which was compiled and relied upon to arrive at the recommendations.
As noted in the summary report (see Staff Report #5 – Enclosure I from August 28, 2019), the information included in the report represents the subjective experience of the individuals who participated and has not been tested. The material is presented in a manner to ensure commentary is not attributed to a particular employee, nor has material been presented at a level of detail that might allow a specific individual to be identified as the source of the information.
The final report, which was received by administration on August 21, 2019, included seven recommendations related to the most commonly cited issues as well as those that Rubin Thomlinson believes will have the greatest impact overall. Subsequent to receipt of the Summary report, administration undertook an in-depth review of the report, which included follow-up questions for Rubin Thomlinson in an effort to better understand the underlying issues that were identified by survey participants, giving rise to the report recommendations. This follow-up identified the source of a number of the issues that were raised by survey respondents as the process utilized in the Operations department to follow-up on customer contacts indicating Operator behavior not in keeping with LTC expectations. While the process is not directly referenced in the Summary report recommendations, given this understanding, administration has added an additional recommendation to the list provided by Rubin Thomlinson, which is discussed later in this report.
The table below provides a high level summary of the recommendations included in the Summary Report as well as those being recommended by administration and includes the next steps for each of the recommendations.
| Recommendations | Next Steps | Anticipated Completion | |
| 1. | Share the process results with employees | Report has been shared, communication with respect to follow up on remaining recommendations will be ongoing | Ongoing |
| 2. | Complete an internal policy review | Forward to Joint Occupational Health & Safety Committee | 1st Qtr 2020 |
| 3. | Continue to make the Expect Respect campaign a priority. | Ongoing – included on 2019 Work Program | Ongoing |
| 4. | Ensure Clear Roles, Responsibilities and Communication re the Investigation Process | Forward to Joint Occupational Health & Safety Committee | 1st Qtr 2020 |
| 5. | Consider clarifications to the current investigation processes | Forward to Joint Occupational Health & Safety Committee | 1st Qtr 2020 |
| 6. | Additional training for management | Refer to 2020 Work Program | TBD – 2020 |
| 7. | Transparency of investigations | 2018 Report has been shared
Annual reports will be shared publicly going forward |
Ongoing |
| 8. | Review of customer contact management process | Forward to working group to undertake review | 1st Qtr 2020 |
The remainder of this report expands upon each of the recommendations, and provides further detail with respect to the steps involved with implementing same.
Recommendation 1 – Share Process Results with Employees
London Transit employees, via internal communication screens, bulletin boards and intranet, have been advised that the summary report had been included on the Commission’s agenda for the August 28, 2019 meeting and this report detailing next steps, (on the Commission’s website), and that hard copies of the reports are and will be available in Human Resources for employees who prefer this format. Further, it is recognized that ongoing communications, including regular updates to the employee groups will be essential as London Transit proceeds with the review and implementation of the recommendations.
Recommendation 2 – Complete an Internal Policy Review
The London Transit Commission has a Human Rights and Diversity Policy and Complaint Procedure as part of its program of anti-harassment, anti-sexual harassment and anti-discrimination (in concert with its Mutual Respect in the Workplace Policy/Procedure and Workplace Violence Prevention Policy/Procedure). The related policies and procedures are reviewed as required, and at a minimum annually through London Transit’s Joint Health and Safety Committees.
Consistent with the Summary Report recommendation, the annual review scheduled for 2019 on the Joint Health and Safety Committee Work Program will include an internal policy review, with attention directed at ensuring clear distinction between the various LTC policies. In addition, consideration will be given to the creation of a flowchart to better explain the steps in each of the related processes. A Working Group comprised of the Director of Human Resources, representatives of the Joint Health and Safety Committee and ATU Local 741 Executive will be established to complete this review ensuring clarity about the interplay between current policies and procedures and where confusion is noted, address and simplify the related processes, where possible. Any recommendations stemming from the review would be forwarded for approval through the appropriate steps, up to and including the Commission.
Updates to the Commission with respect to this undertaking will be provided via the quarterly update reporting as well as the annual work program reporting that takes place each January.
Recommendation 3 – Continue to Make the Expect Respect Campaign a Priority
LTC administration and the Amalgamated Transit Union, Local 741 jointly recognize that a workplace that provides an atmosphere of mutual respect amongst employees, customers of the services and other parties LTC and its employees come in contact within the course of business/work, contributes to the ultimate success of the organization. In light of this, a Working Group has been established, which includes representatives from all areas of the organization. The group has been tasked with identifying the underlying issues related to the lack of mutual respect/acceptable conduct between employees, customers and others, and developing/recommending initiatives intended to address these issues.
The Working Group has held two meetings, with the focus being on the identification of “triggers” with the potential to lead to disrespectful interactions. The next step in this process involves reaching out to the employee group at large to confirm the results from the Working Group sessions. A survey of all employees is currently being undertaken in an effort to provide the entire workforce with the opportunity to share their perspectives with respect to the initial work of the Committee. Once the Working Group has the results of this survey, they will begin formulating recommended actions intended to reduce the occurrences of disrespectful interactions in the workplace.
Updates to the Commission with respect to this undertaking will be provided via the quarterly update reporting as well as reporting on specific initiatives as warranted.
Recommendation 4 – Ensure Clear Roles, Responsibilities and Communication re the Investigation Process
This recommendation includes two distinct parts; ensuring all Managers and investigators are clear with respect to their roles and responsibilities relating to the formal investigation processes, and ensuring employees involved in the investigative process are provided with regular communications regarding the status of same, including how and when their issues will be addressed.
With respect to the first part of the recommendation, all Managers and investigators recently received training with respect to their roles and responsibilities in investigations. As London Transit and the ATU Local 741 jointly investigate breeches of the respective policies when a bargaining unit member is involved, any person appointed as “investigator” MUST have the requisite training. In early 2019, management staff and the ATU Local 741 Executive members jointly completed a full day “Workplace Investigation” training program. The training was conducted by an external consultant, with expertise in the subject matter. Key aspects of the training focused on characteristics of a competent investigator, steps in an investigation, interviewer skills, questioning skills (i.e. what not to ask), active listening, and consideration of evidence and credibility.
With respect to ensuring employees are kept apprised of the status of the investigation, the Working Group (as noted under Recommendation #2 above) will assess the communication mechanisms currently in place and recommend any changes to communications regarding what each and every employee involved in an investigation under these policies and procedures can expect.
Any recommendations to the current policies and procedures will be forwarded for approval through the appropriate steps, up to and including the Commission. Further, once all recommendations are reviewed and prior to implementation to any modifications, all Managers and ATU Local 741 Executive will participate in a training session to review the updates to ensure communications are clear, concise and consistent.
Recommendation #5 – Consider Clarifications with Respect to Investigation Process
The recommendation, which includes several parts, is intended to provide employees with increased confidence in the process and related policies and procedures. The Working Group (as noted under Recommendation #2 above) will further assess the specific components of this recommendation as set out below:
- Ensuring all investigators have received appropriate training
- Ensuring that appointed investigators can be neutral and do not have a real or perceived conflict of interest based on a personal or reporting relationship with one or both of the parties
- Allowing bargaining unit employees, the option of having Union representation during the investigation
- Ensuring both investigators (Union and management) are present for all investigation interviews
- Provide complainants and respondents the opportunity to review and respond to relevant evidence during the investigative process prior to findings being made
- Amending the appeal process to ensure that the party signing off on the investigation is not the one hearing the appeal
Any recommendations to the current policies and procedures will be forwarded for approval through the appropriate steps, up to and including the Commission. Further, once all recommendations are reviewed and prior to implementation to any modifications, all Managers and ATU Local 741 Executive will participate in a training session to review the updates to ensure communications are clear, concise and consistent.
Recommendation #6 – Additional Training for Management Employees
This recommendation indicates that management employees would benefit from additional training specifically targeted at the use of respectful language within a diverse workplace, as well as components on communication in general, managing difficult conversations and respectful leadership. The second piece of the recommendation calls for training for managers with respect to their specific roles in any formal complaint process, which is covered in Recommendation # 4 above.
The Director of Human Resources will undertake to identify a training program for the management group that covers the suggested topics above. The training will be delivered as soon as possible subsequent to selection, and will be included on the 2020 Work Program.
Recommendation #7 – Transparency of Investigations
This recommendation calls for the provision of annual summaries of the number and nature of complaints received to interested employees. Included on the annual Work Program is the preparation and assessment of an annual report on Human Rights and Mutual Respect complaints. The current practice with respect to this report is for it to be shared with management and the ATU Local 741 for assessment and consideration of any trends that have occurred and potential programs to mitigate same going forward. Given speculation has also been raised by the general public with respect to the number and nature of complaints, this information is also being included in Enclosure I, and will be the subject of an annual report to the Commission. In addition, LTC employees will be made aware of the availability of this report via internal communication methods.
Additional Recommendation – Review of Customer Contact Management Process
As indicated earlier in this report, subsequent to receipt of the Summary report, administration undertook an in-depth review of the report, which included follow-up questions for Rubin Thomlinson in an effort to better understand the underlying issues that were identified by survey participants, giving rise to the report recommendations. This follow-up identified the source of a number of the issues that were raised by survey respondents as the process utilized in the Operations department to follow up on customer contacts indicating Operator behavior not in keeping with LTC expectations. While the process is not directly referenced in the Summary report recommendations, given this understanding, administration has added an additional recommendation to the list provided by Rubin Thomlinson.
This recommendation calls for a Working Group comprised of the Director of Human Resources, the Director of Operations and two representatives from the ATU Local 741 Executive to undertake a review of the process and procedures currently in place with respect to the management of customer contacts. The review will be undertaken in a manner that respects the need to have a mechanism in place to process customer contacts and hold employees accountable for performance that is inconsistent with expectations, and will include the following:
- overview of the manner in which customer contacts are processed;
- overview of the investigative process currently in place; and
- review of the various forms of communication utilized to follow up with an employee that has been named in a complaint.
Outcomes of this review with respect to any changes going forward will be shared with the employee group. Given current work program initiatives already underway, it is anticipated this working group will complete this assessment by the end of the first quarter in 2020.
Summary
As indicated in sections throughout this report, administration will continue to keep the Commission apprised of progress with respect to each of these recommendations either through quarterly work program reports, specific staff reports, or recommendations for change to policies/procedures subject to Commission approval.
Enclosure
I – Annual Human Rights and Mutual Respect Complaint Summary Report
Recommended by:
Mike Gregor, Director of Finance
Shawn Wilson, Director of Operations
Joanne Galloway, Director of Human Resources
Craig Morneau, Director of Fleet & Facilities
Katie Burns, Director of Planning
Concurred in by:
Kelly S. Paleczny, General Manager