J71) Hearing Date of award
ARNPRIOR Jan 21 1981
IN THE MATTER OF THE POLICE ACT RSO 1970 e l -00 t CHAPTER 351 AS AMENDED
AND IN THE MATTER OF AN ARBITRATION
BET WEE N
THE CORPORATION OF THE TOWN OF ARNPRIOR
hereinafter referred to as the Town
AND
THE ARNPRIOR POLICE ASSOCIATION
hereinafter referred to as the Association
IN THE MATTER OF THE COLLECTIVE AGREEMENT TO BE EFFECTIVE FROMJUNE 1 1979 TO MAY 30 1980
SOLE ARBITRATOR Kenneth P Swan
APPEARANCES For the Town CT Kelley Spokesman
Frank Rosar Councillor andChairman Bargaining Committee
GM Buffam Municipal Clerk
For the Association r-LA Cameron Spokesman
John McDermott President
Angus Matheson Member
David Jones Member
I
I
AWARDI
I By notice dated September 29 1980 the undersigned was
I appointed by the Solicitor General of Ontario as an arbitrator
I to hear and determine all matters in dispute between the present
I parties in respect of a collective agreement to bind them for
I the period from June 1 1979 to May 30 1980 A hearing was
I subsequently convened in Arnprior Ontario on October 21 1980
I At that time both parties were agreed that the arbitrator had
I been properly appointed and had jurisdiction to resolve matters
still in issueI
I Arnprior is a community of some 6000 people in the Ottawa
I Valley about 60 kilometers from Ottawa The Police Force apart
I from the Chief of Police who is excluded from representation by
I the Association consists of nine officers two Sergeants four
First Class Constables two Second Class Constables and oneI
IFourth Class Constable This is thus a small police force in a
I small community and both parties advanced positions based on
the special characteristics of the police function in such aI
I community In addition the Town made strong representations
tat the necessity or appropriateness of changes Lo the collectiveI
agreement ought to be demonstrated in relation to a town the sizeI
of ArnpriorI
By the time 6pound the hearing ten issues remained for settle-I
mente These wereI
l PeI1sionsI 2 Court Attendance
3 OvertimeI 4 Uni formsI
5 Service BadgesI 6 Hospitalization and Insurance
7 Salaries8 Annual Vacation
-2shy
I
9 Medical ExaminationI 10 Sick Leave
Other matters had been in dispute it appears until shortly beforeI
the hearing but were withdrawn by the Association I shall there-
I fore consider the dispute for resolution to be defined by the
above list of issues and I shall proceed to deal with them in theI
order presented In doing so however I observe that the amend-
I
ment of a collective agreement is a matter to be considered as
whole as well as on an item-by-item basis and my award has as itsI
object a settlement which is overall equitable to both partiesI
1 Pensions
The Associations request in respect of pensions is
really two-fold for an alteration in the existing plan to
I
I
provide for retirement at age 60 and for true past service
I benefits to be established in respect of three members of the
Force who were employed prior to the implementation of the pensionI
plan in 1966 The former request would lower the age from retire-
I ment for all members from tbe present age 65 the latter would
establish pension plan benefits for the three individuals concernedI
for service from their actual date of employment rather than from
I 1966
At the present time collective bargaining and arbitration inI
police forces in this province have dramatically altered the formI
of pension coverage for police officers from the situation preshy
vailing even a few years ago The Association asserts thatI
Arnprior is the only municipality in Ontario whose police officersI
retire at 65 rather than at 60 and that assertion was not challenged
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-3shy
The Town urged that arguments for age 60 retirement based on the
nature of police duty and the risks inherent in policing be
rejected as ina~plicable to policing in Arnprior but no evidence
of any specific differences emerged to explain why Arnpriors
police should be treated differently from police everywhere else
in the province A review of arbitration awards over the past
several years indicates that arbitrators have on many occasions
awarded age 60 retirement provisions on the basis of arguments
such as those the Town says do not apply In this case however
I think it is sufficient to rely entirely on the overwhelming
prevalence of better pensions for police elsewhere in Ontario
I propose therefore to grant the Associations request
Similarly the Associations unchallenged evidence is to the
effect that of Ontarios 12336 munic~pal police officers only
150 officers do not have true past service pensions This is a
somewhat misleading presentation of course All officers hired
after the Ontario Municipal Employees Retirement Scheme was
introduced have no uncovered past service to be concerned about
only those who were actually serving when the plan came into
operation have service which without a true past service
provision would not be pensionable Even allowing for this
however it is clear that the coverage of eligible officers for
service prior to the inception of the plan must approach 90
In my view full pension coverage for actual service is a
reasonable expectation and I have decided to grant this request
as well
I
I
-4shy
This is I observe an expensive matter although not as
expensive as the Towns estimate of $5000000 The lump sum
cost for age 60 retirement is on the basis of evidence before
me around $3000000 but it may be paid over a ten-year period
at about $400000 per year The one time cost to achieve true
past service pensions is $367700 There are also increases in
the future service pension costs as well but I have no evidence
as to what they will be On the other hand the Town has beneshy
fitted from the delay in implementing improved pensions by
deferring the expense Nevertheless I am of the view that the
rest of this award should reflect the high cost of this one item
to the Town
In the result my lwlrdis thl1t the collective agreement
should provide for the implementation as soon as possible after
the date of this award of a OMERS Type I Supplementary Pension
plan with pension benefits payable in full at age sixty (60)
equal to two (2) percent of the average of the employees earnings
over the highest-paid period of sixty (60) consecutive months
service multiplied by years of credited service at retirement to
a maximum of thirty-five (35) years including all service from
the date of employment by the Town
2 Court Appearance
Article 8 of the expired collective agreement proshy
vides for payment ~t premium rates for time spent in court during
off-duty hours There is a minimum guarantee of four hours pay
for each morning afternoon or evening appearance although
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those terms are not defined The Associations proposal would
I define each of them it would also provide for three days
compensating leave for any day on which an officer is required
to attend leave during his vacation
I
I
I can understand the Associations desire to define the
I
vague terms on which court pay depends but the particular defi-
I nitions chosen are not particularly good since they would
produce a new appearance and thus a new four-hour guaranteeI
merely because a certain hour passes For example morning courtI
appearances are defined as those between 8 am and 12 noon and
I
afternoon appearances as those from 12 noon to 4 pm Thus in
I what must be the most common of all situations where a morning
court session drifts past noon the Associations proposal wouldI
give an officer whose appearanre might begin at 10 am a secondI
guarantee after 12 noon a minimum of eight hours at premium
I
rates for one single session which could be less than three hours
I It might be helful for the parties to clarify Article 8 but the
Associations proposal amounts to much more than mere clarificationI
As to compensatory leave for court appearances during vacationI
the Town challenged the need for such a provision and the Associa-
I tion responded by identifying a case of the sort to be dealt with
during the past year Unfortunately I was not informed of the
circumstances of the case nor of the compensation granted Under
I
I
Article 18 each officer is entitled to vacation for a number of
I
working days This would appear to require compensation at least
I on a day-for-day basis if work is required to be performed during
I
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-6shy
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the period and it may cover time necessarily spent travelling
as well Without further information it is impossible to
determine whether any new clause is needed and what sort of
clause would be preferable in any event I think a blanket comshy
pensation of three days leave for every vacation inconvenience
however minor would be excessive
All of the Associations proposals in respect of Court Time
are accordingly rejected
3 Overtime
Article 10 of the expired agreement deals with
overtime The Associations only proposal is to alter the minimum
guarantee for call-in or stand-by duty from two hours to four hours
The arguments in favour of this proposal are the usual ones about
disruption of off-duty periods and inconvenience to family and
social arrangements The Towns response is based chiefly on the
fact that it is impossible to be more than a few minutes away
from anywhere else in Arnprior and that longer guarantees are
thus unnecessary There is also disagreement between the parties
about whether stand-by duty has ever been assigned in recent years
After considering the argument on this issue I do not think
the case for changing this Article has been made out There is
no evidence that the provision is now working to the disadvantage
of police officers The Associations request is therefore
rejected
4 Uniforms
Under Article 12 a uniform allowance of $35000
per annum is provided The Association proposed to increase thisI
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-7shy
I
amount to $40000 and add a $14000 dry cleaning allowance TheI
Town points out that the present clothing allowance may be usedI
for either cleaning or replacement and that a survey of the
accounts of members of the Force indicates that they are all
I
I
apparently amply compensated under the present clause For the
moment at least I accept the Towns position although some
I
I
increase in the allowance may be necessary in the near futureI
For now the Associations request is rejectedI
5 Service BadgesI
Article 13 provides for a $500 per month payI
supplement for each five-year period of continuous service thisI
is a form of service or longevity pay The Association proposesI
certain wording changes and certain alterations to the wayI
in which the bonus is payable on death retirement or resignationI
The amounts involved are so small and the changes so limitedI
that I do not think it appropriate to tinker with the clauseI
given the expensive pension provisions already awarded it isI
best to avoid minor cost items and to concentrate on a fair andI
equitable salary settlement The Associations proposals areI
rejectedI
6 Hospitalization and InsuranceI
The Associations proposal here is for an increaseI
in the Towns share of premiums for existing plans from 75 toI
100 Given my observations above about the importance of aI
fair salary settlement and the expense of pension changes to theI
Town I have decided to reject this proposal as well
-8shy
I
7 Salaries
The collective agreement here under arbitration is
for a period already expired before the arbitrator was even
I
I
appointed Thus the factors upon which a salary increase must be
calculated are much less speculative than is sometimes the caseI
salary settlements are now available for other police forces
across Ontario and for other employees of the Town of Arnprior
and cost of living data are available for the entire contract
I
I period The Towns position at the hearing was an offer of an
8 increase in salaries the Associations request was for 14I
I was informed by the Town that 8 was the amount negotiated
with other unionized employees of the Town and granted to non-I
unionized employees for the period in question At the time of
I the end of the contract period in May 1980 the Consumer Price
Index for Ottawa had increased over May 1979 by 8742 It isI
of interest that immediately after the expiry date of the agreeshy
ment the CPI jumped sharply rising 156 in June 1980 over theI
May index This is however something to be taken into account
I in ~egotiating the successor collective agreement and is not
relevant to the period now under arbitrationI
The other and very important data concern salaries paid
to police officers elsewhere Because of the difference inI
contract periods involved these data are not always easy to
I relate to the pres~nt dispute but careful study is very helpful
to the determination of an appropriate salary increaseI
For the period June 1 1979 to May 30 1980 the benchmark
salary of First Class Constable would in the AssociationsI
I
I
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-9shy
proposal increase to $2080500 on the Towns offer the salary
would be $1971000 Of communities of a similar size in the
surrounding area only Renfrew has a contractual term close to
the present one from May 1 1979 to April 30 1980 the benchmark
salary there is $1840600
For other nearby communities it is necessary to convert
calendar year agreements to a June 1 - May 30 base to compare
amounts actually paid during the period of the present contract
On the basis of seven months at 1979 rates and five months at
1980 rates the following rough equivalents emerge
Alexandria $1984000
Hawkesbury 2028400
Perth 1931100
Deep River 1974100
Smiths Falls 1999300
Salaries in towns of similar size elsewhere in the province
are somewhat higher than these figures and as might be expected
salaries in Ottawa Vanier Nepean and similar urban centres are
considerably more Nevertheless there are sound reasons to
weight more heavily salaries paid in towns of similar size (to
account for differences in policing functions) and towns in
nearby areas (to account for regional differences) more heavily
than the other data
In my view the data indicate that the Towns offer even
though it falls slightly below the CPI increase during the
contract period reflects the level of salary increases in the
community and in nearby police forces in similar communities
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-10shy
I can see no justification for awarding an increase beyond that
offered by the Town particularly in light of the expensive
pension improvements Thus salaries will be paid for the
contract period on the following scale
Sergeant $2106000
First Class Constable 1971000
Second Class Constable 1825200
Third Class Constable 1684800
Fourth Class Constable 1533600
8 Annual Vacation
Having originally sought a vacation increase the
Association now only proposes a few additions to Article 18 which
would to some extent merely codify the present requirements of
Employment Standards legislation There is no demonstrated
necessity for these proposals To the-extent that these proposals
go beyond the legislative provisions they are not supported by
any substantial evidence or argument
These proposals are accordingly rejected
9 Medical Examination
The collective agreement now provides for mandatory
annual medical examinations at Town expense for all police
officers The Association strenuously opposes this provision on
the basis that its language is defective and that it could not be
enforced It also points to the availability of procedures under
Regulation 680 passed under the Police Act for requiring medical
examinations in some circumstances
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-11shy
I agree that the language of the clause leaves much to be
desired as a provision to regulate an important balance between
the Towns interest in the fitness of its police and the officers
interest in personal privacy this particular clause is vague and
unsatisfactory It provides for example for an appeal against
a medical opinion to another doctor How such an appeal would
work and which medical opinion would be final is entirely unshy
certain
I note also the decision not to insert a medical examination
requirement into a collective agreement in Re Board of Commissioners
of Police for the City of Kingston and Kingston Police Association
June 18 1979 (Barton) I agree with that learned arbitrators
reasons
Consequently although removing aprovision from an agreement
raises different issues than refusing to insert a new clause I
am persuaded to award that Article 2301 be struck from the colllective
agreement
10 Sick Leave
The Town requests an amendment to Article 16 to
the effect that the parties may re-negotiate the sick leave scheme
during the life of the agreement This is related to the Towns
consideration of a new Long Term Disability plan
I do not think that legally anything I can award would
alter the position of the parties under the Police Act in any way
They are always free to negotiate about anything and they are
always free to alter their agreement by mutual consent The only
force that could be added to that freedom would be in the nature
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-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
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presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
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I
I
AWARDI
I By notice dated September 29 1980 the undersigned was
I appointed by the Solicitor General of Ontario as an arbitrator
I to hear and determine all matters in dispute between the present
I parties in respect of a collective agreement to bind them for
I the period from June 1 1979 to May 30 1980 A hearing was
I subsequently convened in Arnprior Ontario on October 21 1980
I At that time both parties were agreed that the arbitrator had
I been properly appointed and had jurisdiction to resolve matters
still in issueI
I Arnprior is a community of some 6000 people in the Ottawa
I Valley about 60 kilometers from Ottawa The Police Force apart
I from the Chief of Police who is excluded from representation by
I the Association consists of nine officers two Sergeants four
First Class Constables two Second Class Constables and oneI
IFourth Class Constable This is thus a small police force in a
I small community and both parties advanced positions based on
the special characteristics of the police function in such aI
I community In addition the Town made strong representations
tat the necessity or appropriateness of changes Lo the collectiveI
agreement ought to be demonstrated in relation to a town the sizeI
of ArnpriorI
By the time 6pound the hearing ten issues remained for settle-I
mente These wereI
l PeI1sionsI 2 Court Attendance
3 OvertimeI 4 Uni formsI
5 Service BadgesI 6 Hospitalization and Insurance
7 Salaries8 Annual Vacation
-2shy
I
9 Medical ExaminationI 10 Sick Leave
Other matters had been in dispute it appears until shortly beforeI
the hearing but were withdrawn by the Association I shall there-
I fore consider the dispute for resolution to be defined by the
above list of issues and I shall proceed to deal with them in theI
order presented In doing so however I observe that the amend-
I
ment of a collective agreement is a matter to be considered as
whole as well as on an item-by-item basis and my award has as itsI
object a settlement which is overall equitable to both partiesI
1 Pensions
The Associations request in respect of pensions is
really two-fold for an alteration in the existing plan to
I
I
provide for retirement at age 60 and for true past service
I benefits to be established in respect of three members of the
Force who were employed prior to the implementation of the pensionI
plan in 1966 The former request would lower the age from retire-
I ment for all members from tbe present age 65 the latter would
establish pension plan benefits for the three individuals concernedI
for service from their actual date of employment rather than from
I 1966
At the present time collective bargaining and arbitration inI
police forces in this province have dramatically altered the formI
of pension coverage for police officers from the situation preshy
vailing even a few years ago The Association asserts thatI
Arnprior is the only municipality in Ontario whose police officersI
retire at 65 rather than at 60 and that assertion was not challenged
I
I
I
I
-3shy
The Town urged that arguments for age 60 retirement based on the
nature of police duty and the risks inherent in policing be
rejected as ina~plicable to policing in Arnprior but no evidence
of any specific differences emerged to explain why Arnpriors
police should be treated differently from police everywhere else
in the province A review of arbitration awards over the past
several years indicates that arbitrators have on many occasions
awarded age 60 retirement provisions on the basis of arguments
such as those the Town says do not apply In this case however
I think it is sufficient to rely entirely on the overwhelming
prevalence of better pensions for police elsewhere in Ontario
I propose therefore to grant the Associations request
Similarly the Associations unchallenged evidence is to the
effect that of Ontarios 12336 munic~pal police officers only
150 officers do not have true past service pensions This is a
somewhat misleading presentation of course All officers hired
after the Ontario Municipal Employees Retirement Scheme was
introduced have no uncovered past service to be concerned about
only those who were actually serving when the plan came into
operation have service which without a true past service
provision would not be pensionable Even allowing for this
however it is clear that the coverage of eligible officers for
service prior to the inception of the plan must approach 90
In my view full pension coverage for actual service is a
reasonable expectation and I have decided to grant this request
as well
I
I
-4shy
This is I observe an expensive matter although not as
expensive as the Towns estimate of $5000000 The lump sum
cost for age 60 retirement is on the basis of evidence before
me around $3000000 but it may be paid over a ten-year period
at about $400000 per year The one time cost to achieve true
past service pensions is $367700 There are also increases in
the future service pension costs as well but I have no evidence
as to what they will be On the other hand the Town has beneshy
fitted from the delay in implementing improved pensions by
deferring the expense Nevertheless I am of the view that the
rest of this award should reflect the high cost of this one item
to the Town
In the result my lwlrdis thl1t the collective agreement
should provide for the implementation as soon as possible after
the date of this award of a OMERS Type I Supplementary Pension
plan with pension benefits payable in full at age sixty (60)
equal to two (2) percent of the average of the employees earnings
over the highest-paid period of sixty (60) consecutive months
service multiplied by years of credited service at retirement to
a maximum of thirty-five (35) years including all service from
the date of employment by the Town
2 Court Appearance
Article 8 of the expired collective agreement proshy
vides for payment ~t premium rates for time spent in court during
off-duty hours There is a minimum guarantee of four hours pay
for each morning afternoon or evening appearance although
IIIIIII
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I -5shy
I
those terms are not defined The Associations proposal would
I define each of them it would also provide for three days
compensating leave for any day on which an officer is required
to attend leave during his vacation
I
I
I can understand the Associations desire to define the
I
vague terms on which court pay depends but the particular defi-
I nitions chosen are not particularly good since they would
produce a new appearance and thus a new four-hour guaranteeI
merely because a certain hour passes For example morning courtI
appearances are defined as those between 8 am and 12 noon and
I
afternoon appearances as those from 12 noon to 4 pm Thus in
I what must be the most common of all situations where a morning
court session drifts past noon the Associations proposal wouldI
give an officer whose appearanre might begin at 10 am a secondI
guarantee after 12 noon a minimum of eight hours at premium
I
rates for one single session which could be less than three hours
I It might be helful for the parties to clarify Article 8 but the
Associations proposal amounts to much more than mere clarificationI
As to compensatory leave for court appearances during vacationI
the Town challenged the need for such a provision and the Associa-
I tion responded by identifying a case of the sort to be dealt with
during the past year Unfortunately I was not informed of the
circumstances of the case nor of the compensation granted Under
I
I
Article 18 each officer is entitled to vacation for a number of
I
working days This would appear to require compensation at least
I on a day-for-day basis if work is required to be performed during
I
I
I
I
I
I
I
I
I
I
I
-6shy
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the period and it may cover time necessarily spent travelling
as well Without further information it is impossible to
determine whether any new clause is needed and what sort of
clause would be preferable in any event I think a blanket comshy
pensation of three days leave for every vacation inconvenience
however minor would be excessive
All of the Associations proposals in respect of Court Time
are accordingly rejected
3 Overtime
Article 10 of the expired agreement deals with
overtime The Associations only proposal is to alter the minimum
guarantee for call-in or stand-by duty from two hours to four hours
The arguments in favour of this proposal are the usual ones about
disruption of off-duty periods and inconvenience to family and
social arrangements The Towns response is based chiefly on the
fact that it is impossible to be more than a few minutes away
from anywhere else in Arnprior and that longer guarantees are
thus unnecessary There is also disagreement between the parties
about whether stand-by duty has ever been assigned in recent years
After considering the argument on this issue I do not think
the case for changing this Article has been made out There is
no evidence that the provision is now working to the disadvantage
of police officers The Associations request is therefore
rejected
4 Uniforms
Under Article 12 a uniform allowance of $35000
per annum is provided The Association proposed to increase thisI
I
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-7shy
I
amount to $40000 and add a $14000 dry cleaning allowance TheI
Town points out that the present clothing allowance may be usedI
for either cleaning or replacement and that a survey of the
accounts of members of the Force indicates that they are all
I
I
apparently amply compensated under the present clause For the
moment at least I accept the Towns position although some
I
I
increase in the allowance may be necessary in the near futureI
For now the Associations request is rejectedI
5 Service BadgesI
Article 13 provides for a $500 per month payI
supplement for each five-year period of continuous service thisI
is a form of service or longevity pay The Association proposesI
certain wording changes and certain alterations to the wayI
in which the bonus is payable on death retirement or resignationI
The amounts involved are so small and the changes so limitedI
that I do not think it appropriate to tinker with the clauseI
given the expensive pension provisions already awarded it isI
best to avoid minor cost items and to concentrate on a fair andI
equitable salary settlement The Associations proposals areI
rejectedI
6 Hospitalization and InsuranceI
The Associations proposal here is for an increaseI
in the Towns share of premiums for existing plans from 75 toI
100 Given my observations above about the importance of aI
fair salary settlement and the expense of pension changes to theI
Town I have decided to reject this proposal as well
-8shy
I
7 Salaries
The collective agreement here under arbitration is
for a period already expired before the arbitrator was even
I
I
appointed Thus the factors upon which a salary increase must be
calculated are much less speculative than is sometimes the caseI
salary settlements are now available for other police forces
across Ontario and for other employees of the Town of Arnprior
and cost of living data are available for the entire contract
I
I period The Towns position at the hearing was an offer of an
8 increase in salaries the Associations request was for 14I
I was informed by the Town that 8 was the amount negotiated
with other unionized employees of the Town and granted to non-I
unionized employees for the period in question At the time of
I the end of the contract period in May 1980 the Consumer Price
Index for Ottawa had increased over May 1979 by 8742 It isI
of interest that immediately after the expiry date of the agreeshy
ment the CPI jumped sharply rising 156 in June 1980 over theI
May index This is however something to be taken into account
I in ~egotiating the successor collective agreement and is not
relevant to the period now under arbitrationI
The other and very important data concern salaries paid
to police officers elsewhere Because of the difference inI
contract periods involved these data are not always easy to
I relate to the pres~nt dispute but careful study is very helpful
to the determination of an appropriate salary increaseI
For the period June 1 1979 to May 30 1980 the benchmark
salary of First Class Constable would in the AssociationsI
I
I
I
-9shy
proposal increase to $2080500 on the Towns offer the salary
would be $1971000 Of communities of a similar size in the
surrounding area only Renfrew has a contractual term close to
the present one from May 1 1979 to April 30 1980 the benchmark
salary there is $1840600
For other nearby communities it is necessary to convert
calendar year agreements to a June 1 - May 30 base to compare
amounts actually paid during the period of the present contract
On the basis of seven months at 1979 rates and five months at
1980 rates the following rough equivalents emerge
Alexandria $1984000
Hawkesbury 2028400
Perth 1931100
Deep River 1974100
Smiths Falls 1999300
Salaries in towns of similar size elsewhere in the province
are somewhat higher than these figures and as might be expected
salaries in Ottawa Vanier Nepean and similar urban centres are
considerably more Nevertheless there are sound reasons to
weight more heavily salaries paid in towns of similar size (to
account for differences in policing functions) and towns in
nearby areas (to account for regional differences) more heavily
than the other data
In my view the data indicate that the Towns offer even
though it falls slightly below the CPI increase during the
contract period reflects the level of salary increases in the
community and in nearby police forces in similar communities
I
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-10shy
I can see no justification for awarding an increase beyond that
offered by the Town particularly in light of the expensive
pension improvements Thus salaries will be paid for the
contract period on the following scale
Sergeant $2106000
First Class Constable 1971000
Second Class Constable 1825200
Third Class Constable 1684800
Fourth Class Constable 1533600
8 Annual Vacation
Having originally sought a vacation increase the
Association now only proposes a few additions to Article 18 which
would to some extent merely codify the present requirements of
Employment Standards legislation There is no demonstrated
necessity for these proposals To the-extent that these proposals
go beyond the legislative provisions they are not supported by
any substantial evidence or argument
These proposals are accordingly rejected
9 Medical Examination
The collective agreement now provides for mandatory
annual medical examinations at Town expense for all police
officers The Association strenuously opposes this provision on
the basis that its language is defective and that it could not be
enforced It also points to the availability of procedures under
Regulation 680 passed under the Police Act for requiring medical
examinations in some circumstances
I
I
I
I
I
-11shy
I agree that the language of the clause leaves much to be
desired as a provision to regulate an important balance between
the Towns interest in the fitness of its police and the officers
interest in personal privacy this particular clause is vague and
unsatisfactory It provides for example for an appeal against
a medical opinion to another doctor How such an appeal would
work and which medical opinion would be final is entirely unshy
certain
I note also the decision not to insert a medical examination
requirement into a collective agreement in Re Board of Commissioners
of Police for the City of Kingston and Kingston Police Association
June 18 1979 (Barton) I agree with that learned arbitrators
reasons
Consequently although removing aprovision from an agreement
raises different issues than refusing to insert a new clause I
am persuaded to award that Article 2301 be struck from the colllective
agreement
10 Sick Leave
The Town requests an amendment to Article 16 to
the effect that the parties may re-negotiate the sick leave scheme
during the life of the agreement This is related to the Towns
consideration of a new Long Term Disability plan
I do not think that legally anything I can award would
alter the position of the parties under the Police Act in any way
They are always free to negotiate about anything and they are
always free to alter their agreement by mutual consent The only
force that could be added to that freedom would be in the nature
I
I
-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
I
I
presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
I
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-2shy
I
9 Medical ExaminationI 10 Sick Leave
Other matters had been in dispute it appears until shortly beforeI
the hearing but were withdrawn by the Association I shall there-
I fore consider the dispute for resolution to be defined by the
above list of issues and I shall proceed to deal with them in theI
order presented In doing so however I observe that the amend-
I
ment of a collective agreement is a matter to be considered as
whole as well as on an item-by-item basis and my award has as itsI
object a settlement which is overall equitable to both partiesI
1 Pensions
The Associations request in respect of pensions is
really two-fold for an alteration in the existing plan to
I
I
provide for retirement at age 60 and for true past service
I benefits to be established in respect of three members of the
Force who were employed prior to the implementation of the pensionI
plan in 1966 The former request would lower the age from retire-
I ment for all members from tbe present age 65 the latter would
establish pension plan benefits for the three individuals concernedI
for service from their actual date of employment rather than from
I 1966
At the present time collective bargaining and arbitration inI
police forces in this province have dramatically altered the formI
of pension coverage for police officers from the situation preshy
vailing even a few years ago The Association asserts thatI
Arnprior is the only municipality in Ontario whose police officersI
retire at 65 rather than at 60 and that assertion was not challenged
I
I
I
I
-3shy
The Town urged that arguments for age 60 retirement based on the
nature of police duty and the risks inherent in policing be
rejected as ina~plicable to policing in Arnprior but no evidence
of any specific differences emerged to explain why Arnpriors
police should be treated differently from police everywhere else
in the province A review of arbitration awards over the past
several years indicates that arbitrators have on many occasions
awarded age 60 retirement provisions on the basis of arguments
such as those the Town says do not apply In this case however
I think it is sufficient to rely entirely on the overwhelming
prevalence of better pensions for police elsewhere in Ontario
I propose therefore to grant the Associations request
Similarly the Associations unchallenged evidence is to the
effect that of Ontarios 12336 munic~pal police officers only
150 officers do not have true past service pensions This is a
somewhat misleading presentation of course All officers hired
after the Ontario Municipal Employees Retirement Scheme was
introduced have no uncovered past service to be concerned about
only those who were actually serving when the plan came into
operation have service which without a true past service
provision would not be pensionable Even allowing for this
however it is clear that the coverage of eligible officers for
service prior to the inception of the plan must approach 90
In my view full pension coverage for actual service is a
reasonable expectation and I have decided to grant this request
as well
I
I
-4shy
This is I observe an expensive matter although not as
expensive as the Towns estimate of $5000000 The lump sum
cost for age 60 retirement is on the basis of evidence before
me around $3000000 but it may be paid over a ten-year period
at about $400000 per year The one time cost to achieve true
past service pensions is $367700 There are also increases in
the future service pension costs as well but I have no evidence
as to what they will be On the other hand the Town has beneshy
fitted from the delay in implementing improved pensions by
deferring the expense Nevertheless I am of the view that the
rest of this award should reflect the high cost of this one item
to the Town
In the result my lwlrdis thl1t the collective agreement
should provide for the implementation as soon as possible after
the date of this award of a OMERS Type I Supplementary Pension
plan with pension benefits payable in full at age sixty (60)
equal to two (2) percent of the average of the employees earnings
over the highest-paid period of sixty (60) consecutive months
service multiplied by years of credited service at retirement to
a maximum of thirty-five (35) years including all service from
the date of employment by the Town
2 Court Appearance
Article 8 of the expired collective agreement proshy
vides for payment ~t premium rates for time spent in court during
off-duty hours There is a minimum guarantee of four hours pay
for each morning afternoon or evening appearance although
IIIIIII
I
I -5shy
I
those terms are not defined The Associations proposal would
I define each of them it would also provide for three days
compensating leave for any day on which an officer is required
to attend leave during his vacation
I
I
I can understand the Associations desire to define the
I
vague terms on which court pay depends but the particular defi-
I nitions chosen are not particularly good since they would
produce a new appearance and thus a new four-hour guaranteeI
merely because a certain hour passes For example morning courtI
appearances are defined as those between 8 am and 12 noon and
I
afternoon appearances as those from 12 noon to 4 pm Thus in
I what must be the most common of all situations where a morning
court session drifts past noon the Associations proposal wouldI
give an officer whose appearanre might begin at 10 am a secondI
guarantee after 12 noon a minimum of eight hours at premium
I
rates for one single session which could be less than three hours
I It might be helful for the parties to clarify Article 8 but the
Associations proposal amounts to much more than mere clarificationI
As to compensatory leave for court appearances during vacationI
the Town challenged the need for such a provision and the Associa-
I tion responded by identifying a case of the sort to be dealt with
during the past year Unfortunately I was not informed of the
circumstances of the case nor of the compensation granted Under
I
I
Article 18 each officer is entitled to vacation for a number of
I
working days This would appear to require compensation at least
I on a day-for-day basis if work is required to be performed during
I
I
I
I
I
I
I
I
I
I
I
-6shy
I
I
I
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I
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I
the period and it may cover time necessarily spent travelling
as well Without further information it is impossible to
determine whether any new clause is needed and what sort of
clause would be preferable in any event I think a blanket comshy
pensation of three days leave for every vacation inconvenience
however minor would be excessive
All of the Associations proposals in respect of Court Time
are accordingly rejected
3 Overtime
Article 10 of the expired agreement deals with
overtime The Associations only proposal is to alter the minimum
guarantee for call-in or stand-by duty from two hours to four hours
The arguments in favour of this proposal are the usual ones about
disruption of off-duty periods and inconvenience to family and
social arrangements The Towns response is based chiefly on the
fact that it is impossible to be more than a few minutes away
from anywhere else in Arnprior and that longer guarantees are
thus unnecessary There is also disagreement between the parties
about whether stand-by duty has ever been assigned in recent years
After considering the argument on this issue I do not think
the case for changing this Article has been made out There is
no evidence that the provision is now working to the disadvantage
of police officers The Associations request is therefore
rejected
4 Uniforms
Under Article 12 a uniform allowance of $35000
per annum is provided The Association proposed to increase thisI
I
I
I
I
-7shy
I
amount to $40000 and add a $14000 dry cleaning allowance TheI
Town points out that the present clothing allowance may be usedI
for either cleaning or replacement and that a survey of the
accounts of members of the Force indicates that they are all
I
I
apparently amply compensated under the present clause For the
moment at least I accept the Towns position although some
I
I
increase in the allowance may be necessary in the near futureI
For now the Associations request is rejectedI
5 Service BadgesI
Article 13 provides for a $500 per month payI
supplement for each five-year period of continuous service thisI
is a form of service or longevity pay The Association proposesI
certain wording changes and certain alterations to the wayI
in which the bonus is payable on death retirement or resignationI
The amounts involved are so small and the changes so limitedI
that I do not think it appropriate to tinker with the clauseI
given the expensive pension provisions already awarded it isI
best to avoid minor cost items and to concentrate on a fair andI
equitable salary settlement The Associations proposals areI
rejectedI
6 Hospitalization and InsuranceI
The Associations proposal here is for an increaseI
in the Towns share of premiums for existing plans from 75 toI
100 Given my observations above about the importance of aI
fair salary settlement and the expense of pension changes to theI
Town I have decided to reject this proposal as well
-8shy
I
7 Salaries
The collective agreement here under arbitration is
for a period already expired before the arbitrator was even
I
I
appointed Thus the factors upon which a salary increase must be
calculated are much less speculative than is sometimes the caseI
salary settlements are now available for other police forces
across Ontario and for other employees of the Town of Arnprior
and cost of living data are available for the entire contract
I
I period The Towns position at the hearing was an offer of an
8 increase in salaries the Associations request was for 14I
I was informed by the Town that 8 was the amount negotiated
with other unionized employees of the Town and granted to non-I
unionized employees for the period in question At the time of
I the end of the contract period in May 1980 the Consumer Price
Index for Ottawa had increased over May 1979 by 8742 It isI
of interest that immediately after the expiry date of the agreeshy
ment the CPI jumped sharply rising 156 in June 1980 over theI
May index This is however something to be taken into account
I in ~egotiating the successor collective agreement and is not
relevant to the period now under arbitrationI
The other and very important data concern salaries paid
to police officers elsewhere Because of the difference inI
contract periods involved these data are not always easy to
I relate to the pres~nt dispute but careful study is very helpful
to the determination of an appropriate salary increaseI
For the period June 1 1979 to May 30 1980 the benchmark
salary of First Class Constable would in the AssociationsI
I
I
I
-9shy
proposal increase to $2080500 on the Towns offer the salary
would be $1971000 Of communities of a similar size in the
surrounding area only Renfrew has a contractual term close to
the present one from May 1 1979 to April 30 1980 the benchmark
salary there is $1840600
For other nearby communities it is necessary to convert
calendar year agreements to a June 1 - May 30 base to compare
amounts actually paid during the period of the present contract
On the basis of seven months at 1979 rates and five months at
1980 rates the following rough equivalents emerge
Alexandria $1984000
Hawkesbury 2028400
Perth 1931100
Deep River 1974100
Smiths Falls 1999300
Salaries in towns of similar size elsewhere in the province
are somewhat higher than these figures and as might be expected
salaries in Ottawa Vanier Nepean and similar urban centres are
considerably more Nevertheless there are sound reasons to
weight more heavily salaries paid in towns of similar size (to
account for differences in policing functions) and towns in
nearby areas (to account for regional differences) more heavily
than the other data
In my view the data indicate that the Towns offer even
though it falls slightly below the CPI increase during the
contract period reflects the level of salary increases in the
community and in nearby police forces in similar communities
I
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I
I
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I
I
I
I
I
I
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-10shy
I can see no justification for awarding an increase beyond that
offered by the Town particularly in light of the expensive
pension improvements Thus salaries will be paid for the
contract period on the following scale
Sergeant $2106000
First Class Constable 1971000
Second Class Constable 1825200
Third Class Constable 1684800
Fourth Class Constable 1533600
8 Annual Vacation
Having originally sought a vacation increase the
Association now only proposes a few additions to Article 18 which
would to some extent merely codify the present requirements of
Employment Standards legislation There is no demonstrated
necessity for these proposals To the-extent that these proposals
go beyond the legislative provisions they are not supported by
any substantial evidence or argument
These proposals are accordingly rejected
9 Medical Examination
The collective agreement now provides for mandatory
annual medical examinations at Town expense for all police
officers The Association strenuously opposes this provision on
the basis that its language is defective and that it could not be
enforced It also points to the availability of procedures under
Regulation 680 passed under the Police Act for requiring medical
examinations in some circumstances
I
I
I
I
I
-11shy
I agree that the language of the clause leaves much to be
desired as a provision to regulate an important balance between
the Towns interest in the fitness of its police and the officers
interest in personal privacy this particular clause is vague and
unsatisfactory It provides for example for an appeal against
a medical opinion to another doctor How such an appeal would
work and which medical opinion would be final is entirely unshy
certain
I note also the decision not to insert a medical examination
requirement into a collective agreement in Re Board of Commissioners
of Police for the City of Kingston and Kingston Police Association
June 18 1979 (Barton) I agree with that learned arbitrators
reasons
Consequently although removing aprovision from an agreement
raises different issues than refusing to insert a new clause I
am persuaded to award that Article 2301 be struck from the colllective
agreement
10 Sick Leave
The Town requests an amendment to Article 16 to
the effect that the parties may re-negotiate the sick leave scheme
during the life of the agreement This is related to the Towns
consideration of a new Long Term Disability plan
I do not think that legally anything I can award would
alter the position of the parties under the Police Act in any way
They are always free to negotiate about anything and they are
always free to alter their agreement by mutual consent The only
force that could be added to that freedom would be in the nature
I
I
-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
I
I
presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
I
I
I
I
I
I
I
I
I
I
I
-3shy
The Town urged that arguments for age 60 retirement based on the
nature of police duty and the risks inherent in policing be
rejected as ina~plicable to policing in Arnprior but no evidence
of any specific differences emerged to explain why Arnpriors
police should be treated differently from police everywhere else
in the province A review of arbitration awards over the past
several years indicates that arbitrators have on many occasions
awarded age 60 retirement provisions on the basis of arguments
such as those the Town says do not apply In this case however
I think it is sufficient to rely entirely on the overwhelming
prevalence of better pensions for police elsewhere in Ontario
I propose therefore to grant the Associations request
Similarly the Associations unchallenged evidence is to the
effect that of Ontarios 12336 munic~pal police officers only
150 officers do not have true past service pensions This is a
somewhat misleading presentation of course All officers hired
after the Ontario Municipal Employees Retirement Scheme was
introduced have no uncovered past service to be concerned about
only those who were actually serving when the plan came into
operation have service which without a true past service
provision would not be pensionable Even allowing for this
however it is clear that the coverage of eligible officers for
service prior to the inception of the plan must approach 90
In my view full pension coverage for actual service is a
reasonable expectation and I have decided to grant this request
as well
I
I
-4shy
This is I observe an expensive matter although not as
expensive as the Towns estimate of $5000000 The lump sum
cost for age 60 retirement is on the basis of evidence before
me around $3000000 but it may be paid over a ten-year period
at about $400000 per year The one time cost to achieve true
past service pensions is $367700 There are also increases in
the future service pension costs as well but I have no evidence
as to what they will be On the other hand the Town has beneshy
fitted from the delay in implementing improved pensions by
deferring the expense Nevertheless I am of the view that the
rest of this award should reflect the high cost of this one item
to the Town
In the result my lwlrdis thl1t the collective agreement
should provide for the implementation as soon as possible after
the date of this award of a OMERS Type I Supplementary Pension
plan with pension benefits payable in full at age sixty (60)
equal to two (2) percent of the average of the employees earnings
over the highest-paid period of sixty (60) consecutive months
service multiplied by years of credited service at retirement to
a maximum of thirty-five (35) years including all service from
the date of employment by the Town
2 Court Appearance
Article 8 of the expired collective agreement proshy
vides for payment ~t premium rates for time spent in court during
off-duty hours There is a minimum guarantee of four hours pay
for each morning afternoon or evening appearance although
IIIIIII
I
I -5shy
I
those terms are not defined The Associations proposal would
I define each of them it would also provide for three days
compensating leave for any day on which an officer is required
to attend leave during his vacation
I
I
I can understand the Associations desire to define the
I
vague terms on which court pay depends but the particular defi-
I nitions chosen are not particularly good since they would
produce a new appearance and thus a new four-hour guaranteeI
merely because a certain hour passes For example morning courtI
appearances are defined as those between 8 am and 12 noon and
I
afternoon appearances as those from 12 noon to 4 pm Thus in
I what must be the most common of all situations where a morning
court session drifts past noon the Associations proposal wouldI
give an officer whose appearanre might begin at 10 am a secondI
guarantee after 12 noon a minimum of eight hours at premium
I
rates for one single session which could be less than three hours
I It might be helful for the parties to clarify Article 8 but the
Associations proposal amounts to much more than mere clarificationI
As to compensatory leave for court appearances during vacationI
the Town challenged the need for such a provision and the Associa-
I tion responded by identifying a case of the sort to be dealt with
during the past year Unfortunately I was not informed of the
circumstances of the case nor of the compensation granted Under
I
I
Article 18 each officer is entitled to vacation for a number of
I
working days This would appear to require compensation at least
I on a day-for-day basis if work is required to be performed during
I
I
I
I
I
I
I
I
I
I
I
-6shy
I
I
I
I
I
I
I
I
I
I
I
I
I
I
the period and it may cover time necessarily spent travelling
as well Without further information it is impossible to
determine whether any new clause is needed and what sort of
clause would be preferable in any event I think a blanket comshy
pensation of three days leave for every vacation inconvenience
however minor would be excessive
All of the Associations proposals in respect of Court Time
are accordingly rejected
3 Overtime
Article 10 of the expired agreement deals with
overtime The Associations only proposal is to alter the minimum
guarantee for call-in or stand-by duty from two hours to four hours
The arguments in favour of this proposal are the usual ones about
disruption of off-duty periods and inconvenience to family and
social arrangements The Towns response is based chiefly on the
fact that it is impossible to be more than a few minutes away
from anywhere else in Arnprior and that longer guarantees are
thus unnecessary There is also disagreement between the parties
about whether stand-by duty has ever been assigned in recent years
After considering the argument on this issue I do not think
the case for changing this Article has been made out There is
no evidence that the provision is now working to the disadvantage
of police officers The Associations request is therefore
rejected
4 Uniforms
Under Article 12 a uniform allowance of $35000
per annum is provided The Association proposed to increase thisI
I
I
I
I
-7shy
I
amount to $40000 and add a $14000 dry cleaning allowance TheI
Town points out that the present clothing allowance may be usedI
for either cleaning or replacement and that a survey of the
accounts of members of the Force indicates that they are all
I
I
apparently amply compensated under the present clause For the
moment at least I accept the Towns position although some
I
I
increase in the allowance may be necessary in the near futureI
For now the Associations request is rejectedI
5 Service BadgesI
Article 13 provides for a $500 per month payI
supplement for each five-year period of continuous service thisI
is a form of service or longevity pay The Association proposesI
certain wording changes and certain alterations to the wayI
in which the bonus is payable on death retirement or resignationI
The amounts involved are so small and the changes so limitedI
that I do not think it appropriate to tinker with the clauseI
given the expensive pension provisions already awarded it isI
best to avoid minor cost items and to concentrate on a fair andI
equitable salary settlement The Associations proposals areI
rejectedI
6 Hospitalization and InsuranceI
The Associations proposal here is for an increaseI
in the Towns share of premiums for existing plans from 75 toI
100 Given my observations above about the importance of aI
fair salary settlement and the expense of pension changes to theI
Town I have decided to reject this proposal as well
-8shy
I
7 Salaries
The collective agreement here under arbitration is
for a period already expired before the arbitrator was even
I
I
appointed Thus the factors upon which a salary increase must be
calculated are much less speculative than is sometimes the caseI
salary settlements are now available for other police forces
across Ontario and for other employees of the Town of Arnprior
and cost of living data are available for the entire contract
I
I period The Towns position at the hearing was an offer of an
8 increase in salaries the Associations request was for 14I
I was informed by the Town that 8 was the amount negotiated
with other unionized employees of the Town and granted to non-I
unionized employees for the period in question At the time of
I the end of the contract period in May 1980 the Consumer Price
Index for Ottawa had increased over May 1979 by 8742 It isI
of interest that immediately after the expiry date of the agreeshy
ment the CPI jumped sharply rising 156 in June 1980 over theI
May index This is however something to be taken into account
I in ~egotiating the successor collective agreement and is not
relevant to the period now under arbitrationI
The other and very important data concern salaries paid
to police officers elsewhere Because of the difference inI
contract periods involved these data are not always easy to
I relate to the pres~nt dispute but careful study is very helpful
to the determination of an appropriate salary increaseI
For the period June 1 1979 to May 30 1980 the benchmark
salary of First Class Constable would in the AssociationsI
I
I
I
-9shy
proposal increase to $2080500 on the Towns offer the salary
would be $1971000 Of communities of a similar size in the
surrounding area only Renfrew has a contractual term close to
the present one from May 1 1979 to April 30 1980 the benchmark
salary there is $1840600
For other nearby communities it is necessary to convert
calendar year agreements to a June 1 - May 30 base to compare
amounts actually paid during the period of the present contract
On the basis of seven months at 1979 rates and five months at
1980 rates the following rough equivalents emerge
Alexandria $1984000
Hawkesbury 2028400
Perth 1931100
Deep River 1974100
Smiths Falls 1999300
Salaries in towns of similar size elsewhere in the province
are somewhat higher than these figures and as might be expected
salaries in Ottawa Vanier Nepean and similar urban centres are
considerably more Nevertheless there are sound reasons to
weight more heavily salaries paid in towns of similar size (to
account for differences in policing functions) and towns in
nearby areas (to account for regional differences) more heavily
than the other data
In my view the data indicate that the Towns offer even
though it falls slightly below the CPI increase during the
contract period reflects the level of salary increases in the
community and in nearby police forces in similar communities
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-10shy
I can see no justification for awarding an increase beyond that
offered by the Town particularly in light of the expensive
pension improvements Thus salaries will be paid for the
contract period on the following scale
Sergeant $2106000
First Class Constable 1971000
Second Class Constable 1825200
Third Class Constable 1684800
Fourth Class Constable 1533600
8 Annual Vacation
Having originally sought a vacation increase the
Association now only proposes a few additions to Article 18 which
would to some extent merely codify the present requirements of
Employment Standards legislation There is no demonstrated
necessity for these proposals To the-extent that these proposals
go beyond the legislative provisions they are not supported by
any substantial evidence or argument
These proposals are accordingly rejected
9 Medical Examination
The collective agreement now provides for mandatory
annual medical examinations at Town expense for all police
officers The Association strenuously opposes this provision on
the basis that its language is defective and that it could not be
enforced It also points to the availability of procedures under
Regulation 680 passed under the Police Act for requiring medical
examinations in some circumstances
I
I
I
I
I
-11shy
I agree that the language of the clause leaves much to be
desired as a provision to regulate an important balance between
the Towns interest in the fitness of its police and the officers
interest in personal privacy this particular clause is vague and
unsatisfactory It provides for example for an appeal against
a medical opinion to another doctor How such an appeal would
work and which medical opinion would be final is entirely unshy
certain
I note also the decision not to insert a medical examination
requirement into a collective agreement in Re Board of Commissioners
of Police for the City of Kingston and Kingston Police Association
June 18 1979 (Barton) I agree with that learned arbitrators
reasons
Consequently although removing aprovision from an agreement
raises different issues than refusing to insert a new clause I
am persuaded to award that Article 2301 be struck from the colllective
agreement
10 Sick Leave
The Town requests an amendment to Article 16 to
the effect that the parties may re-negotiate the sick leave scheme
during the life of the agreement This is related to the Towns
consideration of a new Long Term Disability plan
I do not think that legally anything I can award would
alter the position of the parties under the Police Act in any way
They are always free to negotiate about anything and they are
always free to alter their agreement by mutual consent The only
force that could be added to that freedom would be in the nature
I
I
-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
I
I
presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
I
I
I
I
I
I
I
I
I
I
I
-4shy
This is I observe an expensive matter although not as
expensive as the Towns estimate of $5000000 The lump sum
cost for age 60 retirement is on the basis of evidence before
me around $3000000 but it may be paid over a ten-year period
at about $400000 per year The one time cost to achieve true
past service pensions is $367700 There are also increases in
the future service pension costs as well but I have no evidence
as to what they will be On the other hand the Town has beneshy
fitted from the delay in implementing improved pensions by
deferring the expense Nevertheless I am of the view that the
rest of this award should reflect the high cost of this one item
to the Town
In the result my lwlrdis thl1t the collective agreement
should provide for the implementation as soon as possible after
the date of this award of a OMERS Type I Supplementary Pension
plan with pension benefits payable in full at age sixty (60)
equal to two (2) percent of the average of the employees earnings
over the highest-paid period of sixty (60) consecutive months
service multiplied by years of credited service at retirement to
a maximum of thirty-five (35) years including all service from
the date of employment by the Town
2 Court Appearance
Article 8 of the expired collective agreement proshy
vides for payment ~t premium rates for time spent in court during
off-duty hours There is a minimum guarantee of four hours pay
for each morning afternoon or evening appearance although
IIIIIII
I
I -5shy
I
those terms are not defined The Associations proposal would
I define each of them it would also provide for three days
compensating leave for any day on which an officer is required
to attend leave during his vacation
I
I
I can understand the Associations desire to define the
I
vague terms on which court pay depends but the particular defi-
I nitions chosen are not particularly good since they would
produce a new appearance and thus a new four-hour guaranteeI
merely because a certain hour passes For example morning courtI
appearances are defined as those between 8 am and 12 noon and
I
afternoon appearances as those from 12 noon to 4 pm Thus in
I what must be the most common of all situations where a morning
court session drifts past noon the Associations proposal wouldI
give an officer whose appearanre might begin at 10 am a secondI
guarantee after 12 noon a minimum of eight hours at premium
I
rates for one single session which could be less than three hours
I It might be helful for the parties to clarify Article 8 but the
Associations proposal amounts to much more than mere clarificationI
As to compensatory leave for court appearances during vacationI
the Town challenged the need for such a provision and the Associa-
I tion responded by identifying a case of the sort to be dealt with
during the past year Unfortunately I was not informed of the
circumstances of the case nor of the compensation granted Under
I
I
Article 18 each officer is entitled to vacation for a number of
I
working days This would appear to require compensation at least
I on a day-for-day basis if work is required to be performed during
I
I
I
I
I
I
I
I
I
I
I
-6shy
I
I
I
I
I
I
I
I
I
I
I
I
I
I
the period and it may cover time necessarily spent travelling
as well Without further information it is impossible to
determine whether any new clause is needed and what sort of
clause would be preferable in any event I think a blanket comshy
pensation of three days leave for every vacation inconvenience
however minor would be excessive
All of the Associations proposals in respect of Court Time
are accordingly rejected
3 Overtime
Article 10 of the expired agreement deals with
overtime The Associations only proposal is to alter the minimum
guarantee for call-in or stand-by duty from two hours to four hours
The arguments in favour of this proposal are the usual ones about
disruption of off-duty periods and inconvenience to family and
social arrangements The Towns response is based chiefly on the
fact that it is impossible to be more than a few minutes away
from anywhere else in Arnprior and that longer guarantees are
thus unnecessary There is also disagreement between the parties
about whether stand-by duty has ever been assigned in recent years
After considering the argument on this issue I do not think
the case for changing this Article has been made out There is
no evidence that the provision is now working to the disadvantage
of police officers The Associations request is therefore
rejected
4 Uniforms
Under Article 12 a uniform allowance of $35000
per annum is provided The Association proposed to increase thisI
I
I
I
I
-7shy
I
amount to $40000 and add a $14000 dry cleaning allowance TheI
Town points out that the present clothing allowance may be usedI
for either cleaning or replacement and that a survey of the
accounts of members of the Force indicates that they are all
I
I
apparently amply compensated under the present clause For the
moment at least I accept the Towns position although some
I
I
increase in the allowance may be necessary in the near futureI
For now the Associations request is rejectedI
5 Service BadgesI
Article 13 provides for a $500 per month payI
supplement for each five-year period of continuous service thisI
is a form of service or longevity pay The Association proposesI
certain wording changes and certain alterations to the wayI
in which the bonus is payable on death retirement or resignationI
The amounts involved are so small and the changes so limitedI
that I do not think it appropriate to tinker with the clauseI
given the expensive pension provisions already awarded it isI
best to avoid minor cost items and to concentrate on a fair andI
equitable salary settlement The Associations proposals areI
rejectedI
6 Hospitalization and InsuranceI
The Associations proposal here is for an increaseI
in the Towns share of premiums for existing plans from 75 toI
100 Given my observations above about the importance of aI
fair salary settlement and the expense of pension changes to theI
Town I have decided to reject this proposal as well
-8shy
I
7 Salaries
The collective agreement here under arbitration is
for a period already expired before the arbitrator was even
I
I
appointed Thus the factors upon which a salary increase must be
calculated are much less speculative than is sometimes the caseI
salary settlements are now available for other police forces
across Ontario and for other employees of the Town of Arnprior
and cost of living data are available for the entire contract
I
I period The Towns position at the hearing was an offer of an
8 increase in salaries the Associations request was for 14I
I was informed by the Town that 8 was the amount negotiated
with other unionized employees of the Town and granted to non-I
unionized employees for the period in question At the time of
I the end of the contract period in May 1980 the Consumer Price
Index for Ottawa had increased over May 1979 by 8742 It isI
of interest that immediately after the expiry date of the agreeshy
ment the CPI jumped sharply rising 156 in June 1980 over theI
May index This is however something to be taken into account
I in ~egotiating the successor collective agreement and is not
relevant to the period now under arbitrationI
The other and very important data concern salaries paid
to police officers elsewhere Because of the difference inI
contract periods involved these data are not always easy to
I relate to the pres~nt dispute but careful study is very helpful
to the determination of an appropriate salary increaseI
For the period June 1 1979 to May 30 1980 the benchmark
salary of First Class Constable would in the AssociationsI
I
I
I
-9shy
proposal increase to $2080500 on the Towns offer the salary
would be $1971000 Of communities of a similar size in the
surrounding area only Renfrew has a contractual term close to
the present one from May 1 1979 to April 30 1980 the benchmark
salary there is $1840600
For other nearby communities it is necessary to convert
calendar year agreements to a June 1 - May 30 base to compare
amounts actually paid during the period of the present contract
On the basis of seven months at 1979 rates and five months at
1980 rates the following rough equivalents emerge
Alexandria $1984000
Hawkesbury 2028400
Perth 1931100
Deep River 1974100
Smiths Falls 1999300
Salaries in towns of similar size elsewhere in the province
are somewhat higher than these figures and as might be expected
salaries in Ottawa Vanier Nepean and similar urban centres are
considerably more Nevertheless there are sound reasons to
weight more heavily salaries paid in towns of similar size (to
account for differences in policing functions) and towns in
nearby areas (to account for regional differences) more heavily
than the other data
In my view the data indicate that the Towns offer even
though it falls slightly below the CPI increase during the
contract period reflects the level of salary increases in the
community and in nearby police forces in similar communities
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-10shy
I can see no justification for awarding an increase beyond that
offered by the Town particularly in light of the expensive
pension improvements Thus salaries will be paid for the
contract period on the following scale
Sergeant $2106000
First Class Constable 1971000
Second Class Constable 1825200
Third Class Constable 1684800
Fourth Class Constable 1533600
8 Annual Vacation
Having originally sought a vacation increase the
Association now only proposes a few additions to Article 18 which
would to some extent merely codify the present requirements of
Employment Standards legislation There is no demonstrated
necessity for these proposals To the-extent that these proposals
go beyond the legislative provisions they are not supported by
any substantial evidence or argument
These proposals are accordingly rejected
9 Medical Examination
The collective agreement now provides for mandatory
annual medical examinations at Town expense for all police
officers The Association strenuously opposes this provision on
the basis that its language is defective and that it could not be
enforced It also points to the availability of procedures under
Regulation 680 passed under the Police Act for requiring medical
examinations in some circumstances
I
I
I
I
I
-11shy
I agree that the language of the clause leaves much to be
desired as a provision to regulate an important balance between
the Towns interest in the fitness of its police and the officers
interest in personal privacy this particular clause is vague and
unsatisfactory It provides for example for an appeal against
a medical opinion to another doctor How such an appeal would
work and which medical opinion would be final is entirely unshy
certain
I note also the decision not to insert a medical examination
requirement into a collective agreement in Re Board of Commissioners
of Police for the City of Kingston and Kingston Police Association
June 18 1979 (Barton) I agree with that learned arbitrators
reasons
Consequently although removing aprovision from an agreement
raises different issues than refusing to insert a new clause I
am persuaded to award that Article 2301 be struck from the colllective
agreement
10 Sick Leave
The Town requests an amendment to Article 16 to
the effect that the parties may re-negotiate the sick leave scheme
during the life of the agreement This is related to the Towns
consideration of a new Long Term Disability plan
I do not think that legally anything I can award would
alter the position of the parties under the Police Act in any way
They are always free to negotiate about anything and they are
always free to alter their agreement by mutual consent The only
force that could be added to that freedom would be in the nature
I
I
-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
I
I
presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
I
I
I
I
I
I
I
I
I
I
I
I -5shy
I
those terms are not defined The Associations proposal would
I define each of them it would also provide for three days
compensating leave for any day on which an officer is required
to attend leave during his vacation
I
I
I can understand the Associations desire to define the
I
vague terms on which court pay depends but the particular defi-
I nitions chosen are not particularly good since they would
produce a new appearance and thus a new four-hour guaranteeI
merely because a certain hour passes For example morning courtI
appearances are defined as those between 8 am and 12 noon and
I
afternoon appearances as those from 12 noon to 4 pm Thus in
I what must be the most common of all situations where a morning
court session drifts past noon the Associations proposal wouldI
give an officer whose appearanre might begin at 10 am a secondI
guarantee after 12 noon a minimum of eight hours at premium
I
rates for one single session which could be less than three hours
I It might be helful for the parties to clarify Article 8 but the
Associations proposal amounts to much more than mere clarificationI
As to compensatory leave for court appearances during vacationI
the Town challenged the need for such a provision and the Associa-
I tion responded by identifying a case of the sort to be dealt with
during the past year Unfortunately I was not informed of the
circumstances of the case nor of the compensation granted Under
I
I
Article 18 each officer is entitled to vacation for a number of
I
working days This would appear to require compensation at least
I on a day-for-day basis if work is required to be performed during
I
I
I
I
I
I
I
I
I
I
I
-6shy
I
I
I
I
I
I
I
I
I
I
I
I
I
I
the period and it may cover time necessarily spent travelling
as well Without further information it is impossible to
determine whether any new clause is needed and what sort of
clause would be preferable in any event I think a blanket comshy
pensation of three days leave for every vacation inconvenience
however minor would be excessive
All of the Associations proposals in respect of Court Time
are accordingly rejected
3 Overtime
Article 10 of the expired agreement deals with
overtime The Associations only proposal is to alter the minimum
guarantee for call-in or stand-by duty from two hours to four hours
The arguments in favour of this proposal are the usual ones about
disruption of off-duty periods and inconvenience to family and
social arrangements The Towns response is based chiefly on the
fact that it is impossible to be more than a few minutes away
from anywhere else in Arnprior and that longer guarantees are
thus unnecessary There is also disagreement between the parties
about whether stand-by duty has ever been assigned in recent years
After considering the argument on this issue I do not think
the case for changing this Article has been made out There is
no evidence that the provision is now working to the disadvantage
of police officers The Associations request is therefore
rejected
4 Uniforms
Under Article 12 a uniform allowance of $35000
per annum is provided The Association proposed to increase thisI
I
I
I
I
-7shy
I
amount to $40000 and add a $14000 dry cleaning allowance TheI
Town points out that the present clothing allowance may be usedI
for either cleaning or replacement and that a survey of the
accounts of members of the Force indicates that they are all
I
I
apparently amply compensated under the present clause For the
moment at least I accept the Towns position although some
I
I
increase in the allowance may be necessary in the near futureI
For now the Associations request is rejectedI
5 Service BadgesI
Article 13 provides for a $500 per month payI
supplement for each five-year period of continuous service thisI
is a form of service or longevity pay The Association proposesI
certain wording changes and certain alterations to the wayI
in which the bonus is payable on death retirement or resignationI
The amounts involved are so small and the changes so limitedI
that I do not think it appropriate to tinker with the clauseI
given the expensive pension provisions already awarded it isI
best to avoid minor cost items and to concentrate on a fair andI
equitable salary settlement The Associations proposals areI
rejectedI
6 Hospitalization and InsuranceI
The Associations proposal here is for an increaseI
in the Towns share of premiums for existing plans from 75 toI
100 Given my observations above about the importance of aI
fair salary settlement and the expense of pension changes to theI
Town I have decided to reject this proposal as well
-8shy
I
7 Salaries
The collective agreement here under arbitration is
for a period already expired before the arbitrator was even
I
I
appointed Thus the factors upon which a salary increase must be
calculated are much less speculative than is sometimes the caseI
salary settlements are now available for other police forces
across Ontario and for other employees of the Town of Arnprior
and cost of living data are available for the entire contract
I
I period The Towns position at the hearing was an offer of an
8 increase in salaries the Associations request was for 14I
I was informed by the Town that 8 was the amount negotiated
with other unionized employees of the Town and granted to non-I
unionized employees for the period in question At the time of
I the end of the contract period in May 1980 the Consumer Price
Index for Ottawa had increased over May 1979 by 8742 It isI
of interest that immediately after the expiry date of the agreeshy
ment the CPI jumped sharply rising 156 in June 1980 over theI
May index This is however something to be taken into account
I in ~egotiating the successor collective agreement and is not
relevant to the period now under arbitrationI
The other and very important data concern salaries paid
to police officers elsewhere Because of the difference inI
contract periods involved these data are not always easy to
I relate to the pres~nt dispute but careful study is very helpful
to the determination of an appropriate salary increaseI
For the period June 1 1979 to May 30 1980 the benchmark
salary of First Class Constable would in the AssociationsI
I
I
I
-9shy
proposal increase to $2080500 on the Towns offer the salary
would be $1971000 Of communities of a similar size in the
surrounding area only Renfrew has a contractual term close to
the present one from May 1 1979 to April 30 1980 the benchmark
salary there is $1840600
For other nearby communities it is necessary to convert
calendar year agreements to a June 1 - May 30 base to compare
amounts actually paid during the period of the present contract
On the basis of seven months at 1979 rates and five months at
1980 rates the following rough equivalents emerge
Alexandria $1984000
Hawkesbury 2028400
Perth 1931100
Deep River 1974100
Smiths Falls 1999300
Salaries in towns of similar size elsewhere in the province
are somewhat higher than these figures and as might be expected
salaries in Ottawa Vanier Nepean and similar urban centres are
considerably more Nevertheless there are sound reasons to
weight more heavily salaries paid in towns of similar size (to
account for differences in policing functions) and towns in
nearby areas (to account for regional differences) more heavily
than the other data
In my view the data indicate that the Towns offer even
though it falls slightly below the CPI increase during the
contract period reflects the level of salary increases in the
community and in nearby police forces in similar communities
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-10shy
I can see no justification for awarding an increase beyond that
offered by the Town particularly in light of the expensive
pension improvements Thus salaries will be paid for the
contract period on the following scale
Sergeant $2106000
First Class Constable 1971000
Second Class Constable 1825200
Third Class Constable 1684800
Fourth Class Constable 1533600
8 Annual Vacation
Having originally sought a vacation increase the
Association now only proposes a few additions to Article 18 which
would to some extent merely codify the present requirements of
Employment Standards legislation There is no demonstrated
necessity for these proposals To the-extent that these proposals
go beyond the legislative provisions they are not supported by
any substantial evidence or argument
These proposals are accordingly rejected
9 Medical Examination
The collective agreement now provides for mandatory
annual medical examinations at Town expense for all police
officers The Association strenuously opposes this provision on
the basis that its language is defective and that it could not be
enforced It also points to the availability of procedures under
Regulation 680 passed under the Police Act for requiring medical
examinations in some circumstances
I
I
I
I
I
-11shy
I agree that the language of the clause leaves much to be
desired as a provision to regulate an important balance between
the Towns interest in the fitness of its police and the officers
interest in personal privacy this particular clause is vague and
unsatisfactory It provides for example for an appeal against
a medical opinion to another doctor How such an appeal would
work and which medical opinion would be final is entirely unshy
certain
I note also the decision not to insert a medical examination
requirement into a collective agreement in Re Board of Commissioners
of Police for the City of Kingston and Kingston Police Association
June 18 1979 (Barton) I agree with that learned arbitrators
reasons
Consequently although removing aprovision from an agreement
raises different issues than refusing to insert a new clause I
am persuaded to award that Article 2301 be struck from the colllective
agreement
10 Sick Leave
The Town requests an amendment to Article 16 to
the effect that the parties may re-negotiate the sick leave scheme
during the life of the agreement This is related to the Towns
consideration of a new Long Term Disability plan
I do not think that legally anything I can award would
alter the position of the parties under the Police Act in any way
They are always free to negotiate about anything and they are
always free to alter their agreement by mutual consent The only
force that could be added to that freedom would be in the nature
I
I
-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
I
I
presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-6shy
I
I
I
I
I
I
I
I
I
I
I
I
I
I
the period and it may cover time necessarily spent travelling
as well Without further information it is impossible to
determine whether any new clause is needed and what sort of
clause would be preferable in any event I think a blanket comshy
pensation of three days leave for every vacation inconvenience
however minor would be excessive
All of the Associations proposals in respect of Court Time
are accordingly rejected
3 Overtime
Article 10 of the expired agreement deals with
overtime The Associations only proposal is to alter the minimum
guarantee for call-in or stand-by duty from two hours to four hours
The arguments in favour of this proposal are the usual ones about
disruption of off-duty periods and inconvenience to family and
social arrangements The Towns response is based chiefly on the
fact that it is impossible to be more than a few minutes away
from anywhere else in Arnprior and that longer guarantees are
thus unnecessary There is also disagreement between the parties
about whether stand-by duty has ever been assigned in recent years
After considering the argument on this issue I do not think
the case for changing this Article has been made out There is
no evidence that the provision is now working to the disadvantage
of police officers The Associations request is therefore
rejected
4 Uniforms
Under Article 12 a uniform allowance of $35000
per annum is provided The Association proposed to increase thisI
I
I
I
I
-7shy
I
amount to $40000 and add a $14000 dry cleaning allowance TheI
Town points out that the present clothing allowance may be usedI
for either cleaning or replacement and that a survey of the
accounts of members of the Force indicates that they are all
I
I
apparently amply compensated under the present clause For the
moment at least I accept the Towns position although some
I
I
increase in the allowance may be necessary in the near futureI
For now the Associations request is rejectedI
5 Service BadgesI
Article 13 provides for a $500 per month payI
supplement for each five-year period of continuous service thisI
is a form of service or longevity pay The Association proposesI
certain wording changes and certain alterations to the wayI
in which the bonus is payable on death retirement or resignationI
The amounts involved are so small and the changes so limitedI
that I do not think it appropriate to tinker with the clauseI
given the expensive pension provisions already awarded it isI
best to avoid minor cost items and to concentrate on a fair andI
equitable salary settlement The Associations proposals areI
rejectedI
6 Hospitalization and InsuranceI
The Associations proposal here is for an increaseI
in the Towns share of premiums for existing plans from 75 toI
100 Given my observations above about the importance of aI
fair salary settlement and the expense of pension changes to theI
Town I have decided to reject this proposal as well
-8shy
I
7 Salaries
The collective agreement here under arbitration is
for a period already expired before the arbitrator was even
I
I
appointed Thus the factors upon which a salary increase must be
calculated are much less speculative than is sometimes the caseI
salary settlements are now available for other police forces
across Ontario and for other employees of the Town of Arnprior
and cost of living data are available for the entire contract
I
I period The Towns position at the hearing was an offer of an
8 increase in salaries the Associations request was for 14I
I was informed by the Town that 8 was the amount negotiated
with other unionized employees of the Town and granted to non-I
unionized employees for the period in question At the time of
I the end of the contract period in May 1980 the Consumer Price
Index for Ottawa had increased over May 1979 by 8742 It isI
of interest that immediately after the expiry date of the agreeshy
ment the CPI jumped sharply rising 156 in June 1980 over theI
May index This is however something to be taken into account
I in ~egotiating the successor collective agreement and is not
relevant to the period now under arbitrationI
The other and very important data concern salaries paid
to police officers elsewhere Because of the difference inI
contract periods involved these data are not always easy to
I relate to the pres~nt dispute but careful study is very helpful
to the determination of an appropriate salary increaseI
For the period June 1 1979 to May 30 1980 the benchmark
salary of First Class Constable would in the AssociationsI
I
I
I
-9shy
proposal increase to $2080500 on the Towns offer the salary
would be $1971000 Of communities of a similar size in the
surrounding area only Renfrew has a contractual term close to
the present one from May 1 1979 to April 30 1980 the benchmark
salary there is $1840600
For other nearby communities it is necessary to convert
calendar year agreements to a June 1 - May 30 base to compare
amounts actually paid during the period of the present contract
On the basis of seven months at 1979 rates and five months at
1980 rates the following rough equivalents emerge
Alexandria $1984000
Hawkesbury 2028400
Perth 1931100
Deep River 1974100
Smiths Falls 1999300
Salaries in towns of similar size elsewhere in the province
are somewhat higher than these figures and as might be expected
salaries in Ottawa Vanier Nepean and similar urban centres are
considerably more Nevertheless there are sound reasons to
weight more heavily salaries paid in towns of similar size (to
account for differences in policing functions) and towns in
nearby areas (to account for regional differences) more heavily
than the other data
In my view the data indicate that the Towns offer even
though it falls slightly below the CPI increase during the
contract period reflects the level of salary increases in the
community and in nearby police forces in similar communities
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-10shy
I can see no justification for awarding an increase beyond that
offered by the Town particularly in light of the expensive
pension improvements Thus salaries will be paid for the
contract period on the following scale
Sergeant $2106000
First Class Constable 1971000
Second Class Constable 1825200
Third Class Constable 1684800
Fourth Class Constable 1533600
8 Annual Vacation
Having originally sought a vacation increase the
Association now only proposes a few additions to Article 18 which
would to some extent merely codify the present requirements of
Employment Standards legislation There is no demonstrated
necessity for these proposals To the-extent that these proposals
go beyond the legislative provisions they are not supported by
any substantial evidence or argument
These proposals are accordingly rejected
9 Medical Examination
The collective agreement now provides for mandatory
annual medical examinations at Town expense for all police
officers The Association strenuously opposes this provision on
the basis that its language is defective and that it could not be
enforced It also points to the availability of procedures under
Regulation 680 passed under the Police Act for requiring medical
examinations in some circumstances
I
I
I
I
I
-11shy
I agree that the language of the clause leaves much to be
desired as a provision to regulate an important balance between
the Towns interest in the fitness of its police and the officers
interest in personal privacy this particular clause is vague and
unsatisfactory It provides for example for an appeal against
a medical opinion to another doctor How such an appeal would
work and which medical opinion would be final is entirely unshy
certain
I note also the decision not to insert a medical examination
requirement into a collective agreement in Re Board of Commissioners
of Police for the City of Kingston and Kingston Police Association
June 18 1979 (Barton) I agree with that learned arbitrators
reasons
Consequently although removing aprovision from an agreement
raises different issues than refusing to insert a new clause I
am persuaded to award that Article 2301 be struck from the colllective
agreement
10 Sick Leave
The Town requests an amendment to Article 16 to
the effect that the parties may re-negotiate the sick leave scheme
during the life of the agreement This is related to the Towns
consideration of a new Long Term Disability plan
I do not think that legally anything I can award would
alter the position of the parties under the Police Act in any way
They are always free to negotiate about anything and they are
always free to alter their agreement by mutual consent The only
force that could be added to that freedom would be in the nature
I
I
-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
I
I
presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
I
I
I
I
I
I
I
I
I
I
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-7shy
I
amount to $40000 and add a $14000 dry cleaning allowance TheI
Town points out that the present clothing allowance may be usedI
for either cleaning or replacement and that a survey of the
accounts of members of the Force indicates that they are all
I
I
apparently amply compensated under the present clause For the
moment at least I accept the Towns position although some
I
I
increase in the allowance may be necessary in the near futureI
For now the Associations request is rejectedI
5 Service BadgesI
Article 13 provides for a $500 per month payI
supplement for each five-year period of continuous service thisI
is a form of service or longevity pay The Association proposesI
certain wording changes and certain alterations to the wayI
in which the bonus is payable on death retirement or resignationI
The amounts involved are so small and the changes so limitedI
that I do not think it appropriate to tinker with the clauseI
given the expensive pension provisions already awarded it isI
best to avoid minor cost items and to concentrate on a fair andI
equitable salary settlement The Associations proposals areI
rejectedI
6 Hospitalization and InsuranceI
The Associations proposal here is for an increaseI
in the Towns share of premiums for existing plans from 75 toI
100 Given my observations above about the importance of aI
fair salary settlement and the expense of pension changes to theI
Town I have decided to reject this proposal as well
-8shy
I
7 Salaries
The collective agreement here under arbitration is
for a period already expired before the arbitrator was even
I
I
appointed Thus the factors upon which a salary increase must be
calculated are much less speculative than is sometimes the caseI
salary settlements are now available for other police forces
across Ontario and for other employees of the Town of Arnprior
and cost of living data are available for the entire contract
I
I period The Towns position at the hearing was an offer of an
8 increase in salaries the Associations request was for 14I
I was informed by the Town that 8 was the amount negotiated
with other unionized employees of the Town and granted to non-I
unionized employees for the period in question At the time of
I the end of the contract period in May 1980 the Consumer Price
Index for Ottawa had increased over May 1979 by 8742 It isI
of interest that immediately after the expiry date of the agreeshy
ment the CPI jumped sharply rising 156 in June 1980 over theI
May index This is however something to be taken into account
I in ~egotiating the successor collective agreement and is not
relevant to the period now under arbitrationI
The other and very important data concern salaries paid
to police officers elsewhere Because of the difference inI
contract periods involved these data are not always easy to
I relate to the pres~nt dispute but careful study is very helpful
to the determination of an appropriate salary increaseI
For the period June 1 1979 to May 30 1980 the benchmark
salary of First Class Constable would in the AssociationsI
I
I
I
-9shy
proposal increase to $2080500 on the Towns offer the salary
would be $1971000 Of communities of a similar size in the
surrounding area only Renfrew has a contractual term close to
the present one from May 1 1979 to April 30 1980 the benchmark
salary there is $1840600
For other nearby communities it is necessary to convert
calendar year agreements to a June 1 - May 30 base to compare
amounts actually paid during the period of the present contract
On the basis of seven months at 1979 rates and five months at
1980 rates the following rough equivalents emerge
Alexandria $1984000
Hawkesbury 2028400
Perth 1931100
Deep River 1974100
Smiths Falls 1999300
Salaries in towns of similar size elsewhere in the province
are somewhat higher than these figures and as might be expected
salaries in Ottawa Vanier Nepean and similar urban centres are
considerably more Nevertheless there are sound reasons to
weight more heavily salaries paid in towns of similar size (to
account for differences in policing functions) and towns in
nearby areas (to account for regional differences) more heavily
than the other data
In my view the data indicate that the Towns offer even
though it falls slightly below the CPI increase during the
contract period reflects the level of salary increases in the
community and in nearby police forces in similar communities
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-10shy
I can see no justification for awarding an increase beyond that
offered by the Town particularly in light of the expensive
pension improvements Thus salaries will be paid for the
contract period on the following scale
Sergeant $2106000
First Class Constable 1971000
Second Class Constable 1825200
Third Class Constable 1684800
Fourth Class Constable 1533600
8 Annual Vacation
Having originally sought a vacation increase the
Association now only proposes a few additions to Article 18 which
would to some extent merely codify the present requirements of
Employment Standards legislation There is no demonstrated
necessity for these proposals To the-extent that these proposals
go beyond the legislative provisions they are not supported by
any substantial evidence or argument
These proposals are accordingly rejected
9 Medical Examination
The collective agreement now provides for mandatory
annual medical examinations at Town expense for all police
officers The Association strenuously opposes this provision on
the basis that its language is defective and that it could not be
enforced It also points to the availability of procedures under
Regulation 680 passed under the Police Act for requiring medical
examinations in some circumstances
I
I
I
I
I
-11shy
I agree that the language of the clause leaves much to be
desired as a provision to regulate an important balance between
the Towns interest in the fitness of its police and the officers
interest in personal privacy this particular clause is vague and
unsatisfactory It provides for example for an appeal against
a medical opinion to another doctor How such an appeal would
work and which medical opinion would be final is entirely unshy
certain
I note also the decision not to insert a medical examination
requirement into a collective agreement in Re Board of Commissioners
of Police for the City of Kingston and Kingston Police Association
June 18 1979 (Barton) I agree with that learned arbitrators
reasons
Consequently although removing aprovision from an agreement
raises different issues than refusing to insert a new clause I
am persuaded to award that Article 2301 be struck from the colllective
agreement
10 Sick Leave
The Town requests an amendment to Article 16 to
the effect that the parties may re-negotiate the sick leave scheme
during the life of the agreement This is related to the Towns
consideration of a new Long Term Disability plan
I do not think that legally anything I can award would
alter the position of the parties under the Police Act in any way
They are always free to negotiate about anything and they are
always free to alter their agreement by mutual consent The only
force that could be added to that freedom would be in the nature
I
I
-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
I
I
presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
I
I
I
I
I
I
I
I
I
I
I
-8shy
I
7 Salaries
The collective agreement here under arbitration is
for a period already expired before the arbitrator was even
I
I
appointed Thus the factors upon which a salary increase must be
calculated are much less speculative than is sometimes the caseI
salary settlements are now available for other police forces
across Ontario and for other employees of the Town of Arnprior
and cost of living data are available for the entire contract
I
I period The Towns position at the hearing was an offer of an
8 increase in salaries the Associations request was for 14I
I was informed by the Town that 8 was the amount negotiated
with other unionized employees of the Town and granted to non-I
unionized employees for the period in question At the time of
I the end of the contract period in May 1980 the Consumer Price
Index for Ottawa had increased over May 1979 by 8742 It isI
of interest that immediately after the expiry date of the agreeshy
ment the CPI jumped sharply rising 156 in June 1980 over theI
May index This is however something to be taken into account
I in ~egotiating the successor collective agreement and is not
relevant to the period now under arbitrationI
The other and very important data concern salaries paid
to police officers elsewhere Because of the difference inI
contract periods involved these data are not always easy to
I relate to the pres~nt dispute but careful study is very helpful
to the determination of an appropriate salary increaseI
For the period June 1 1979 to May 30 1980 the benchmark
salary of First Class Constable would in the AssociationsI
I
I
I
-9shy
proposal increase to $2080500 on the Towns offer the salary
would be $1971000 Of communities of a similar size in the
surrounding area only Renfrew has a contractual term close to
the present one from May 1 1979 to April 30 1980 the benchmark
salary there is $1840600
For other nearby communities it is necessary to convert
calendar year agreements to a June 1 - May 30 base to compare
amounts actually paid during the period of the present contract
On the basis of seven months at 1979 rates and five months at
1980 rates the following rough equivalents emerge
Alexandria $1984000
Hawkesbury 2028400
Perth 1931100
Deep River 1974100
Smiths Falls 1999300
Salaries in towns of similar size elsewhere in the province
are somewhat higher than these figures and as might be expected
salaries in Ottawa Vanier Nepean and similar urban centres are
considerably more Nevertheless there are sound reasons to
weight more heavily salaries paid in towns of similar size (to
account for differences in policing functions) and towns in
nearby areas (to account for regional differences) more heavily
than the other data
In my view the data indicate that the Towns offer even
though it falls slightly below the CPI increase during the
contract period reflects the level of salary increases in the
community and in nearby police forces in similar communities
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-10shy
I can see no justification for awarding an increase beyond that
offered by the Town particularly in light of the expensive
pension improvements Thus salaries will be paid for the
contract period on the following scale
Sergeant $2106000
First Class Constable 1971000
Second Class Constable 1825200
Third Class Constable 1684800
Fourth Class Constable 1533600
8 Annual Vacation
Having originally sought a vacation increase the
Association now only proposes a few additions to Article 18 which
would to some extent merely codify the present requirements of
Employment Standards legislation There is no demonstrated
necessity for these proposals To the-extent that these proposals
go beyond the legislative provisions they are not supported by
any substantial evidence or argument
These proposals are accordingly rejected
9 Medical Examination
The collective agreement now provides for mandatory
annual medical examinations at Town expense for all police
officers The Association strenuously opposes this provision on
the basis that its language is defective and that it could not be
enforced It also points to the availability of procedures under
Regulation 680 passed under the Police Act for requiring medical
examinations in some circumstances
I
I
I
I
I
-11shy
I agree that the language of the clause leaves much to be
desired as a provision to regulate an important balance between
the Towns interest in the fitness of its police and the officers
interest in personal privacy this particular clause is vague and
unsatisfactory It provides for example for an appeal against
a medical opinion to another doctor How such an appeal would
work and which medical opinion would be final is entirely unshy
certain
I note also the decision not to insert a medical examination
requirement into a collective agreement in Re Board of Commissioners
of Police for the City of Kingston and Kingston Police Association
June 18 1979 (Barton) I agree with that learned arbitrators
reasons
Consequently although removing aprovision from an agreement
raises different issues than refusing to insert a new clause I
am persuaded to award that Article 2301 be struck from the colllective
agreement
10 Sick Leave
The Town requests an amendment to Article 16 to
the effect that the parties may re-negotiate the sick leave scheme
during the life of the agreement This is related to the Towns
consideration of a new Long Term Disability plan
I do not think that legally anything I can award would
alter the position of the parties under the Police Act in any way
They are always free to negotiate about anything and they are
always free to alter their agreement by mutual consent The only
force that could be added to that freedom would be in the nature
I
I
-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
I
I
presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
I
I
I
I
I
I
I
I
I
I
I
-9shy
proposal increase to $2080500 on the Towns offer the salary
would be $1971000 Of communities of a similar size in the
surrounding area only Renfrew has a contractual term close to
the present one from May 1 1979 to April 30 1980 the benchmark
salary there is $1840600
For other nearby communities it is necessary to convert
calendar year agreements to a June 1 - May 30 base to compare
amounts actually paid during the period of the present contract
On the basis of seven months at 1979 rates and five months at
1980 rates the following rough equivalents emerge
Alexandria $1984000
Hawkesbury 2028400
Perth 1931100
Deep River 1974100
Smiths Falls 1999300
Salaries in towns of similar size elsewhere in the province
are somewhat higher than these figures and as might be expected
salaries in Ottawa Vanier Nepean and similar urban centres are
considerably more Nevertheless there are sound reasons to
weight more heavily salaries paid in towns of similar size (to
account for differences in policing functions) and towns in
nearby areas (to account for regional differences) more heavily
than the other data
In my view the data indicate that the Towns offer even
though it falls slightly below the CPI increase during the
contract period reflects the level of salary increases in the
community and in nearby police forces in similar communities
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-10shy
I can see no justification for awarding an increase beyond that
offered by the Town particularly in light of the expensive
pension improvements Thus salaries will be paid for the
contract period on the following scale
Sergeant $2106000
First Class Constable 1971000
Second Class Constable 1825200
Third Class Constable 1684800
Fourth Class Constable 1533600
8 Annual Vacation
Having originally sought a vacation increase the
Association now only proposes a few additions to Article 18 which
would to some extent merely codify the present requirements of
Employment Standards legislation There is no demonstrated
necessity for these proposals To the-extent that these proposals
go beyond the legislative provisions they are not supported by
any substantial evidence or argument
These proposals are accordingly rejected
9 Medical Examination
The collective agreement now provides for mandatory
annual medical examinations at Town expense for all police
officers The Association strenuously opposes this provision on
the basis that its language is defective and that it could not be
enforced It also points to the availability of procedures under
Regulation 680 passed under the Police Act for requiring medical
examinations in some circumstances
I
I
I
I
I
-11shy
I agree that the language of the clause leaves much to be
desired as a provision to regulate an important balance between
the Towns interest in the fitness of its police and the officers
interest in personal privacy this particular clause is vague and
unsatisfactory It provides for example for an appeal against
a medical opinion to another doctor How such an appeal would
work and which medical opinion would be final is entirely unshy
certain
I note also the decision not to insert a medical examination
requirement into a collective agreement in Re Board of Commissioners
of Police for the City of Kingston and Kingston Police Association
June 18 1979 (Barton) I agree with that learned arbitrators
reasons
Consequently although removing aprovision from an agreement
raises different issues than refusing to insert a new clause I
am persuaded to award that Article 2301 be struck from the colllective
agreement
10 Sick Leave
The Town requests an amendment to Article 16 to
the effect that the parties may re-negotiate the sick leave scheme
during the life of the agreement This is related to the Towns
consideration of a new Long Term Disability plan
I do not think that legally anything I can award would
alter the position of the parties under the Police Act in any way
They are always free to negotiate about anything and they are
always free to alter their agreement by mutual consent The only
force that could be added to that freedom would be in the nature
I
I
-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
I
I
presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-10shy
I can see no justification for awarding an increase beyond that
offered by the Town particularly in light of the expensive
pension improvements Thus salaries will be paid for the
contract period on the following scale
Sergeant $2106000
First Class Constable 1971000
Second Class Constable 1825200
Third Class Constable 1684800
Fourth Class Constable 1533600
8 Annual Vacation
Having originally sought a vacation increase the
Association now only proposes a few additions to Article 18 which
would to some extent merely codify the present requirements of
Employment Standards legislation There is no demonstrated
necessity for these proposals To the-extent that these proposals
go beyond the legislative provisions they are not supported by
any substantial evidence or argument
These proposals are accordingly rejected
9 Medical Examination
The collective agreement now provides for mandatory
annual medical examinations at Town expense for all police
officers The Association strenuously opposes this provision on
the basis that its language is defective and that it could not be
enforced It also points to the availability of procedures under
Regulation 680 passed under the Police Act for requiring medical
examinations in some circumstances
I
I
I
I
I
-11shy
I agree that the language of the clause leaves much to be
desired as a provision to regulate an important balance between
the Towns interest in the fitness of its police and the officers
interest in personal privacy this particular clause is vague and
unsatisfactory It provides for example for an appeal against
a medical opinion to another doctor How such an appeal would
work and which medical opinion would be final is entirely unshy
certain
I note also the decision not to insert a medical examination
requirement into a collective agreement in Re Board of Commissioners
of Police for the City of Kingston and Kingston Police Association
June 18 1979 (Barton) I agree with that learned arbitrators
reasons
Consequently although removing aprovision from an agreement
raises different issues than refusing to insert a new clause I
am persuaded to award that Article 2301 be struck from the colllective
agreement
10 Sick Leave
The Town requests an amendment to Article 16 to
the effect that the parties may re-negotiate the sick leave scheme
during the life of the agreement This is related to the Towns
consideration of a new Long Term Disability plan
I do not think that legally anything I can award would
alter the position of the parties under the Police Act in any way
They are always free to negotiate about anything and they are
always free to alter their agreement by mutual consent The only
force that could be added to that freedom would be in the nature
I
I
-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
I
I
presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
I
I
I
I
I
I
I
I
I
I
I
-11shy
I agree that the language of the clause leaves much to be
desired as a provision to regulate an important balance between
the Towns interest in the fitness of its police and the officers
interest in personal privacy this particular clause is vague and
unsatisfactory It provides for example for an appeal against
a medical opinion to another doctor How such an appeal would
work and which medical opinion would be final is entirely unshy
certain
I note also the decision not to insert a medical examination
requirement into a collective agreement in Re Board of Commissioners
of Police for the City of Kingston and Kingston Police Association
June 18 1979 (Barton) I agree with that learned arbitrators
reasons
Consequently although removing aprovision from an agreement
raises different issues than refusing to insert a new clause I
am persuaded to award that Article 2301 be struck from the colllective
agreement
10 Sick Leave
The Town requests an amendment to Article 16 to
the effect that the parties may re-negotiate the sick leave scheme
during the life of the agreement This is related to the Towns
consideration of a new Long Term Disability plan
I do not think that legally anything I can award would
alter the position of the parties under the Police Act in any way
They are always free to negotiate about anything and they are
always free to alter their agreement by mutual consent The only
force that could be added to that freedom would be in the nature
I
I
-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
I
I
presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
I
I
I
I
I
I
I
I
I
I
I
I
I
-12shy
of a formal reopener with arbitration available in case ofI
disagreement As I read the Police Act I have no authority toI
alter the bargaining patterns set out in the legislation The
I
Towns request is thus denied
I
This completes the award on the matters in dispute In the
I event that the parties experience any difficulty in reducing
I this award to new collective agreement provisions I retain
jurisdiction to the extent necessary to resolve any such diffishy
culty I wish to thank Mr Cameron and Mr Kelley for their
I
I
presentations in the course of the hearingI
I
srI
DATED AT KINGSTON Ontario this ~ day of
I
January 1981
I
I
I VAAP~ -KJnneth P Swan
I Arbitrator
I
I
I
I
I
I
I
I
I
I
I