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10 -09OPAC
AWARD
IN THE MATTER OF AN ARBITRATIONPURSUANT TO THE PROVISIONS OF
SECTION 32 OF THE POLICE ACT RSO 1980 C381
BETWEEN
THE BOARD OF COMMISSIONERS OF POLICEFOR THE
TOWN OF GODERICH
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THE GODERICH POLICE ASSOCIATION
ARBITRATOR v E Scott
APPEARING FOR THE ASSOCIATION Ken Brownlee - PresidentJudy Mackechnie - civilian
RepresentativeRichard Houston - spokesman
(PAO )
APPEARING FOR THE BOARD Malcolm Winter - spokesmanOF COMMISSIONERS Larry McCabe - ClerkTreasurer
Eileen Palmer - MayorBruce Erskine - Commission
ChairmanPat King - Chief of PoliceNancy Nephew - Member
A Hearing in this matter was held in Goderich on August 28 1990I
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AWARD
Pursuant to subsection 32 (1) of the Police Act I was appointed by the
solicitor General of Ontario the Honourable steven Offer to hear and
determine all matters in dispute between the above noted parties
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The complement of the Goderich Police Force is as follows
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I Uniform BranchChief of Police 1
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sergeants 2constables 8
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Civilian staffI Secretary to Chief of Police 1
chief Dispatcher 1I Dispatchers 3
Part-time Dispatcher 1I
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This award will deal with the collective agreements of all employees ofI
the force save and except the Chief of Police and the confidentialI
Secretary to the Chief of PoliceI
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The Uniform and Civilian agreements are separate documents expiringI
December 31 1989 This award will cover the period from January II
1990 to December 31 1990I
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Prior to the commencement of this hearing the parties met in directI
negotiations on five separate occasions and on one occasion had theI
assistance of a conciliation officer However they were unable to
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settle all of their differences at that time
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I The matters remaining in dispute are as follows
Uniform AgreementI
I 1 Art 801 Hours of Work 2 Art 1305 Insurance Benefits (Vision Care)
I 3 Art 1306 Insurance Benefits (Dental)4 Art 1308 (New) Insurance Benefits (Retired Members)5 New Article Management RightsI
6 Art 2301 Salaries 7 Art 1501 Sick Leave
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civilian AgreementI
1 Art 801 Hours of Work2 Art 601 VacationI
3 Art 8 (New) Hours of Work (Paid lunch period)4 Art 1103 Insurance Benefits (Vision Care)
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5 Art 11 01 Insurance Benefits 6 New Article Severance Pay
I 7 New Article Management Rights 8 Article 2201 Salaries
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I will deal with the issues in the same order as presented aboveI
While I may not give specific reasons for my decision in everyI
instance I wish to assure the parties that complete and carefulI
consideration was given to their presentationsI
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L Article 801 - Hours of Work
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I The proposal of the Association would amend the present article which
provides for an eight (8) hour day and instead institute a ten (10)I
hour shift systemI
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In support of this proposal the Associations Exhibit C indicated thatI
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65 of the 117 Police forces in Ontario currently provide a compressedI
work schedule (10 or 12 hour shifts) A further survey conducted byI
the Police Association of ontario in 1989 apparently indicated that 88I
forces representing 17717 police officers (or over 95 of the policeI
officers in the province) operate under a compressed work schedule
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either by contract by letter of understanding or by mutual agreement
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The Association also stated that of the forces in communities with a
population of between 5000 and 10000 (Goderich having a population
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of approximately 7400) twenty-five out of twenty-eight of these forcesI
operate on a compressed work week sixteen of these forces operate onI
10 hour shifts with the remaining nine forces operating on a 12 hourI
shift
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I The Employer in opposing this proposal argued in part that In
certain respects this issue is unusually placed before this Chairman
insofar as it is more typical for the parties to come before a Board of
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Arbitration requesting the imposition of an extended tour scheduleI
having experienced a considerable trial period by virtue of aI
memorandum of agreementI
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Such was apparently the case in Fort Frances where the parties
I arbitrated the issue after a three year trial period Also in Owen
I Sound a three year trial period was utilized before the extended tour
was formally introduced into the agreementI
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I I accept that the imposition of a compressed work schedule without a
trial period is perhaps not the most satisfactory solution However II
note with respect that an examination of the report sent to theI
commission by their representative (Association exhibit B) seemed toI
suggest that the danger of a trial period would be that the extendedI
tour would be enshrined into the agreement Therefore at the end of
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the trial period in the event that the Board chose to discontinue the
I ten hour shift an arbitrator would note that the town had survived the
I trial period and would presumably award it as a part of the collective
agreementI
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This appears to me to be somewhat of a catch 22 situation On theI
one hand it is argued that a compressed schedule should not beI
implemented without a trial period On the other hand however it is
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suggested that a trial period should be rejected
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I There is no doubt that administrative adjustments would be required in
the event that the 10 hour schedule was adopted However I believe
that such adjustments would not be insurmountable
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I would think that the person most knowledgeable about theI
practicalities of a shift schedule would be the chief administrator of
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the force namely the Chief of Police It is he that has the
I responsibility of providing adequate policing for the community while
I at the same time remaining within budget allocation~
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In this instance I have reviewed the letter to the Board dated January
3 1990 (Exhibit A Associations exhibits) and can only conclude that
having considered the pros and cons of the matter the Chief determined
that there was an overwhelming benefit for the administration if the 10
hour shift were to be adopted He further recommended in part thatI
10 hour shifts be adopted for a six month periodI
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I find these suggestions far more compelling than the rejection of the
I proposal submitted by the commission In addition I do not
I necessarily agree that a compressed work schedule would improve
I efficiency and morale however I am satisfied that it would enhance the
I quality of working life of the officers
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I In summary I direct that the parties meet as soon as possible after
I the release of this award and in any event not later than 30 days
I after this date and that they shall implement a 10 hour work shift
I schedule as proposed by the Association the details of which are to be
I worked out by the parties This schedule is to be implemented on a
I trial period basis the length of said trial period to be determined by
direct discussions between the parties During this trial period theI
I cost of holidays and vacations are to be converted to hours based upon
8 hours per dayI
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2 Article 1305 - Insurance Benefits (Vision Care)
The Association is proposing that the Vision Care Expense Benefit be
increased to $15000 total from the $10000 presently provided The
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argument is that the current cost of eye glasses is in excess of
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$10000 There is little doubt that the cost of eye glasses like the
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cost of most items in increasing However I am not persuaded that a
I change in this article is necessary at this time
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I ~ Article 1306 - Insurance Benefits (Dental)
I The present clause 1306 states The Board shall contribute 100 of
I the cost of a basic dental plan for each member of the force
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I The Associations proposal would read 1306 - The Board shall
I contribute 100 of the cost of a dental plan for the members and their
I dependants The dental plan shall be equivalent to Blue Cross 9 with
Rider 2 and Rider 3 based on the current years Ontario Dental
Association fee schedule
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The argument presented against this proposal stated that The current
level of dental coverage is already as good as or better than the
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coverage extended to fifteen of the twenty-five comparison forcesI
In addition it was pointed out that the plan in which these officersI
are members is a plan which includes all of the employees of the townI
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While improvements in Dental Plan benefits are always desirable I am I
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not convinced that the members of the police force are entitled to
benefits in excess of those received by other town employees that are
included in the plan
The proposal of the Association is rejected at this time
L Article 1308 (New) - Insurance Benefits (Retired members)
The Association proposal is as follows
The Board shall continue to provide to retiredmembers the insurance benefits of section 13031305 and 1306 where they are not providedunder any government assistance or otherprogram until age 65
1303 - The Board shall contribute 100 of theontario Health Insurance Plan Prescription Drugplan and Group Life Insurance equal to twice theamount of the basic annual salary received fromfrom time to time from commencement of employmentof all employees
1305 - The Board shall contribute 100 for the costof a Vision Care Expense Benefit up to a maximum of$10000 in total during any two consecutive calendaryears for each person covered
1306 - The Board shall contribute 100 of the cost ofa basic Dental Plan for each member of the force
In support of this proposal the Association argued that of the 117
forces in the Police Association of Ontarios survey of wages and
working conditions for 1989 (Appendix E) 66 forces had some form of
extended health care after retirement This was in comparison with
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only 16 forces in 1985 as cited in the 1986 City of Brantford PoliceI
Arbitration Award of Mr J DempsterI
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In opposing this proposal the Employer argued that this was clearlyI
out of line with any existing in the industry
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I While acknowledging that a number of forces do provide for the
extension of benefits to retirees it was argued by the Employer thatI
the package sought by the Association is far in excess of what membersI
of other forces receiveI
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The data provided indicatedI
Only 9 of approximately 120 Employers provide forI
insurance coverage
I Only 33 of approximately 120 Employers providefor Major Medical
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Only 18 of approximately 120 Employers providefor semi-private coverage
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Only 21 of approximately 120 Employers provideI for Dental Coverage
I Only 16 of approximately 120 Employers providefor Vision Care
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I Upon a closer examination of the statistics as outlined in the PAO
I surveys of wages and working conditions for 1989 (Association Appendix
I E) I find the following
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I 20 of 116 Employers
61 of 116 Employers
60 of 116 EmployersI
Coverage
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provide
provide
provide
provide
for Life Insurance
for Major Medical
for Semi-private
for Dental coverage
In addition it would appear that the towns of Port Elgin andI
Kincardine added this type of benefit in their 1990 negotiationsI
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There is no doubt that the number of forces receiving this benefit hasI
significantly increased since the issue was first examined by Mr
I Dempster at Brantford in 1985 with major medical coverage and semi-
I private coverage now being enjoyed by a significant majority of forces
Accordingly it is my award that the Board shall pay 100 of the
premium cost for retirees until age 65 for both major medical and semi-
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private hospital coverageI
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~ New Article - Manaaement RightsI
The Association in proposing a Management Rights clause argued that
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it is a fundamental part of the majority of collective agreements in
I the Province That may be the case However I am inclined to agree
with the Employer that there has been no demonstrated need for such a
clause since the Police Act affords uniformed officers the same sorts
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of protections that would normally be provided by a Management RightsI
clause I am not prepared to award the Associations proposal at thisI
time
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Article 2301 - Salaries
The Association presented a proposal for a substantial wage increase
based upon salary comparisons with other police forces Three tables
were submitted
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I Table 1 indicated Of 29 forces representing communities with
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populations of between 5000 and 10000 Goderich police were 418
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below the average based upon 1989 salaries
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I Table 2 indicated of police forces with a strength of between 10 and
I fifteen officers Goderich was 325 below the average based upon 1989
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I Table 3 indicated A ten year analysis of First Class Constable rates
I between Goderich Kincardine and Port Elgin showed that Goderich and
Port Elgin were relatively equal in 1989 with Kincardine beingI
approximately 28 ahead of GoderichI
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The Association submitted that since parity with Port Elgin had almostI
been achieved in 1989 it would require an increase of 986 in 1990 to
achieve parity at this time since Port Elgin settled for 5 on January
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1 1990 and 425 on JUly 1 1990I
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The Employers proposal would increase all salaries by five percent
(55) effective January 1 1990
While there is a difference in the amount above as presented in the
Employers brief the verbal offer made at the hearing was five and one
half percent (55) to all levels
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I A review submitted by the Employer showing the rates of pay in 25 other
forces in the Province where the population is between 5000 and 9000
and uniform strength is between 6 and 19 showed that the average
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salary for this group was $39830 (in 1989) Goderich was apparentlyI
third from the bottom of this listI
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It was further stated that there was nothing in the list to indicate
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that this positioning was not appropriate
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I Exhibit 9 (Employers Submission) indicated that the average increase
in the group of twenty-five comparison forces was 581I
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If one were to add the recent settlement at Port Elgin as reported byI
the Association then this average would become 613I
I The Associations table 1 indicated that of communities with a
I population of between 5000 and 10000 there was an average salary
I increase of 646 for 1990 (14 forces out of 29 reported)
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I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
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I have some major concerns with this approach Why for instance did
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Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
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The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
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exclusively However I believe that this relationship should not be
I significantly eroded
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In summary my award on salaries is as followsI
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An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
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effective July 1 1990
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I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
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It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
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The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
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during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
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I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
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Civilian ContractI
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L Article 801 - Hours of WorkI
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The Association is proposing that a twelve hour shift system be
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implemented in order to replace the present eight hour system
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I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
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The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
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While agreeing that twelve hour shifts can work in that situation the
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Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
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The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
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In order to maintain this the Employer proposed the adjustment of
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service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
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An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
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I ~ Article 8 (New) - p ald Lunch
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I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
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L Article 1103 - Insurance Benefits (Vision Care)
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I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
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Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
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6(New Article) - Severance Pay
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The Associations proposal is as follows
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2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
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I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
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The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
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The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
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I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
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Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
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L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
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Article 2201 - Salariess
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The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
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Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
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rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
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The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
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province
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An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
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I The cost to the Employer will be approximately 579 in 1990
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I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
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Dated at Mississauga this IflL day of 1990 ~I
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
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AWARD
Pursuant to subsection 32 (1) of the Police Act I was appointed by the
solicitor General of Ontario the Honourable steven Offer to hear and
determine all matters in dispute between the above noted parties
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The complement of the Goderich Police Force is as follows
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I Uniform BranchChief of Police 1
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sergeants 2constables 8
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Civilian staffI Secretary to Chief of Police 1
chief Dispatcher 1I Dispatchers 3
Part-time Dispatcher 1I
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This award will deal with the collective agreements of all employees ofI
the force save and except the Chief of Police and the confidentialI
Secretary to the Chief of PoliceI
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The Uniform and Civilian agreements are separate documents expiringI
December 31 1989 This award will cover the period from January II
1990 to December 31 1990I
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Prior to the commencement of this hearing the parties met in directI
negotiations on five separate occasions and on one occasion had theI
assistance of a conciliation officer However they were unable to
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settle all of their differences at that time
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I The matters remaining in dispute are as follows
Uniform AgreementI
I 1 Art 801 Hours of Work 2 Art 1305 Insurance Benefits (Vision Care)
I 3 Art 1306 Insurance Benefits (Dental)4 Art 1308 (New) Insurance Benefits (Retired Members)5 New Article Management RightsI
6 Art 2301 Salaries 7 Art 1501 Sick Leave
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civilian AgreementI
1 Art 801 Hours of Work2 Art 601 VacationI
3 Art 8 (New) Hours of Work (Paid lunch period)4 Art 1103 Insurance Benefits (Vision Care)
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5 Art 11 01 Insurance Benefits 6 New Article Severance Pay
I 7 New Article Management Rights 8 Article 2201 Salaries
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I will deal with the issues in the same order as presented aboveI
While I may not give specific reasons for my decision in everyI
instance I wish to assure the parties that complete and carefulI
consideration was given to their presentationsI
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L Article 801 - Hours of Work
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I The proposal of the Association would amend the present article which
provides for an eight (8) hour day and instead institute a ten (10)I
hour shift systemI
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In support of this proposal the Associations Exhibit C indicated thatI
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65 of the 117 Police forces in Ontario currently provide a compressedI
work schedule (10 or 12 hour shifts) A further survey conducted byI
the Police Association of ontario in 1989 apparently indicated that 88I
forces representing 17717 police officers (or over 95 of the policeI
officers in the province) operate under a compressed work schedule
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either by contract by letter of understanding or by mutual agreement
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The Association also stated that of the forces in communities with a
population of between 5000 and 10000 (Goderich having a population
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of approximately 7400) twenty-five out of twenty-eight of these forcesI
operate on a compressed work week sixteen of these forces operate onI
10 hour shifts with the remaining nine forces operating on a 12 hourI
shift
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I The Employer in opposing this proposal argued in part that In
certain respects this issue is unusually placed before this Chairman
insofar as it is more typical for the parties to come before a Board of
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Arbitration requesting the imposition of an extended tour scheduleI
having experienced a considerable trial period by virtue of aI
memorandum of agreementI
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Such was apparently the case in Fort Frances where the parties
I arbitrated the issue after a three year trial period Also in Owen
I Sound a three year trial period was utilized before the extended tour
was formally introduced into the agreementI
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I I accept that the imposition of a compressed work schedule without a
trial period is perhaps not the most satisfactory solution However II
note with respect that an examination of the report sent to theI
commission by their representative (Association exhibit B) seemed toI
suggest that the danger of a trial period would be that the extendedI
tour would be enshrined into the agreement Therefore at the end of
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the trial period in the event that the Board chose to discontinue the
I ten hour shift an arbitrator would note that the town had survived the
I trial period and would presumably award it as a part of the collective
agreementI
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This appears to me to be somewhat of a catch 22 situation On theI
one hand it is argued that a compressed schedule should not beI
implemented without a trial period On the other hand however it is
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suggested that a trial period should be rejected
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I There is no doubt that administrative adjustments would be required in
the event that the 10 hour schedule was adopted However I believe
that such adjustments would not be insurmountable
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I would think that the person most knowledgeable about theI
practicalities of a shift schedule would be the chief administrator of
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the force namely the Chief of Police It is he that has the
I responsibility of providing adequate policing for the community while
I at the same time remaining within budget allocation~
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In this instance I have reviewed the letter to the Board dated January
3 1990 (Exhibit A Associations exhibits) and can only conclude that
having considered the pros and cons of the matter the Chief determined
that there was an overwhelming benefit for the administration if the 10
hour shift were to be adopted He further recommended in part thatI
10 hour shifts be adopted for a six month periodI
I
I find these suggestions far more compelling than the rejection of the
I proposal submitted by the commission In addition I do not
I necessarily agree that a compressed work schedule would improve
I efficiency and morale however I am satisfied that it would enhance the
I quality of working life of the officers
I
I In summary I direct that the parties meet as soon as possible after
I the release of this award and in any event not later than 30 days
I after this date and that they shall implement a 10 hour work shift
I schedule as proposed by the Association the details of which are to be
I worked out by the parties This schedule is to be implemented on a
I trial period basis the length of said trial period to be determined by
direct discussions between the parties During this trial period theI
I cost of holidays and vacations are to be converted to hours based upon
8 hours per dayI
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2 Article 1305 - Insurance Benefits (Vision Care)
The Association is proposing that the Vision Care Expense Benefit be
increased to $15000 total from the $10000 presently provided The
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argument is that the current cost of eye glasses is in excess of
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$10000 There is little doubt that the cost of eye glasses like the
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cost of most items in increasing However I am not persuaded that a
I change in this article is necessary at this time
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I ~ Article 1306 - Insurance Benefits (Dental)
I The present clause 1306 states The Board shall contribute 100 of
I the cost of a basic dental plan for each member of the force
I
I The Associations proposal would read 1306 - The Board shall
I contribute 100 of the cost of a dental plan for the members and their
I dependants The dental plan shall be equivalent to Blue Cross 9 with
Rider 2 and Rider 3 based on the current years Ontario Dental
Association fee schedule
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The argument presented against this proposal stated that The current
level of dental coverage is already as good as or better than the
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coverage extended to fifteen of the twenty-five comparison forcesI
In addition it was pointed out that the plan in which these officersI
are members is a plan which includes all of the employees of the townI
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While improvements in Dental Plan benefits are always desirable I am I
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not convinced that the members of the police force are entitled to
benefits in excess of those received by other town employees that are
included in the plan
The proposal of the Association is rejected at this time
L Article 1308 (New) - Insurance Benefits (Retired members)
The Association proposal is as follows
The Board shall continue to provide to retiredmembers the insurance benefits of section 13031305 and 1306 where they are not providedunder any government assistance or otherprogram until age 65
1303 - The Board shall contribute 100 of theontario Health Insurance Plan Prescription Drugplan and Group Life Insurance equal to twice theamount of the basic annual salary received fromfrom time to time from commencement of employmentof all employees
1305 - The Board shall contribute 100 for the costof a Vision Care Expense Benefit up to a maximum of$10000 in total during any two consecutive calendaryears for each person covered
1306 - The Board shall contribute 100 of the cost ofa basic Dental Plan for each member of the force
In support of this proposal the Association argued that of the 117
forces in the Police Association of Ontarios survey of wages and
working conditions for 1989 (Appendix E) 66 forces had some form of
extended health care after retirement This was in comparison with
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only 16 forces in 1985 as cited in the 1986 City of Brantford PoliceI
Arbitration Award of Mr J DempsterI
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In opposing this proposal the Employer argued that this was clearlyI
out of line with any existing in the industry
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I While acknowledging that a number of forces do provide for the
extension of benefits to retirees it was argued by the Employer thatI
the package sought by the Association is far in excess of what membersI
of other forces receiveI
I
The data provided indicatedI
Only 9 of approximately 120 Employers provide forI
insurance coverage
I Only 33 of approximately 120 Employers providefor Major Medical
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Only 18 of approximately 120 Employers providefor semi-private coverage
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Only 21 of approximately 120 Employers provideI for Dental Coverage
I Only 16 of approximately 120 Employers providefor Vision Care
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I Upon a closer examination of the statistics as outlined in the PAO
I surveys of wages and working conditions for 1989 (Association Appendix
I E) I find the following
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61 of 116 Employers
60 of 116 EmployersI
Coverage
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provide
provide
provide
provide
for Life Insurance
for Major Medical
for Semi-private
for Dental coverage
In addition it would appear that the towns of Port Elgin andI
Kincardine added this type of benefit in their 1990 negotiationsI
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There is no doubt that the number of forces receiving this benefit hasI
significantly increased since the issue was first examined by Mr
I Dempster at Brantford in 1985 with major medical coverage and semi-
I private coverage now being enjoyed by a significant majority of forces
Accordingly it is my award that the Board shall pay 100 of the
premium cost for retirees until age 65 for both major medical and semi-
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private hospital coverageI
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~ New Article - Manaaement RightsI
The Association in proposing a Management Rights clause argued that
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it is a fundamental part of the majority of collective agreements in
I the Province That may be the case However I am inclined to agree
with the Employer that there has been no demonstrated need for such a
clause since the Police Act affords uniformed officers the same sorts
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of protections that would normally be provided by a Management RightsI
clause I am not prepared to award the Associations proposal at thisI
time
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Article 2301 - Salaries
The Association presented a proposal for a substantial wage increase
based upon salary comparisons with other police forces Three tables
were submitted
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I Table 1 indicated Of 29 forces representing communities with
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populations of between 5000 and 10000 Goderich police were 418
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below the average based upon 1989 salaries
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I Table 2 indicated of police forces with a strength of between 10 and
I fifteen officers Goderich was 325 below the average based upon 1989
I salaries
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I Table 3 indicated A ten year analysis of First Class Constable rates
I between Goderich Kincardine and Port Elgin showed that Goderich and
Port Elgin were relatively equal in 1989 with Kincardine beingI
approximately 28 ahead of GoderichI
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The Association submitted that since parity with Port Elgin had almostI
been achieved in 1989 it would require an increase of 986 in 1990 to
achieve parity at this time since Port Elgin settled for 5 on January
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1 1990 and 425 on JUly 1 1990I
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The Employers proposal would increase all salaries by five percent
(55) effective January 1 1990
While there is a difference in the amount above as presented in the
Employers brief the verbal offer made at the hearing was five and one
half percent (55) to all levels
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I A review submitted by the Employer showing the rates of pay in 25 other
forces in the Province where the population is between 5000 and 9000
and uniform strength is between 6 and 19 showed that the average
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salary for this group was $39830 (in 1989) Goderich was apparentlyI
third from the bottom of this listI
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It was further stated that there was nothing in the list to indicate
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that this positioning was not appropriate
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I Exhibit 9 (Employers Submission) indicated that the average increase
in the group of twenty-five comparison forces was 581I
I
If one were to add the recent settlement at Port Elgin as reported byI
the Association then this average would become 613I
I The Associations table 1 indicated that of communities with a
I population of between 5000 and 10000 there was an average salary
I increase of 646 for 1990 (14 forces out of 29 reported)
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I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
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I have some major concerns with this approach Why for instance did
I
Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
I
The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
I
exclusively However I believe that this relationship should not be
I significantly eroded
I
In summary my award on salaries is as followsI
I
An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
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effective July 1 1990
I
I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
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It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
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The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
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during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
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While agreeing that twelve hour shifts can work in that situation the
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Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
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The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
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service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
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I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
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L Article 1103 - Insurance Benefits (Vision Care)
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I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
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Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
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6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
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Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
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rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
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An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
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I The matters remaining in dispute are as follows
Uniform AgreementI
I 1 Art 801 Hours of Work 2 Art 1305 Insurance Benefits (Vision Care)
I 3 Art 1306 Insurance Benefits (Dental)4 Art 1308 (New) Insurance Benefits (Retired Members)5 New Article Management RightsI
6 Art 2301 Salaries 7 Art 1501 Sick Leave
I
civilian AgreementI
1 Art 801 Hours of Work2 Art 601 VacationI
3 Art 8 (New) Hours of Work (Paid lunch period)4 Art 1103 Insurance Benefits (Vision Care)
I
5 Art 11 01 Insurance Benefits 6 New Article Severance Pay
I 7 New Article Management Rights 8 Article 2201 Salaries
I
I will deal with the issues in the same order as presented aboveI
While I may not give specific reasons for my decision in everyI
instance I wish to assure the parties that complete and carefulI
consideration was given to their presentationsI
I
L Article 801 - Hours of Work
I
I The proposal of the Association would amend the present article which
provides for an eight (8) hour day and instead institute a ten (10)I
hour shift systemI
I
In support of this proposal the Associations Exhibit C indicated thatI
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65 of the 117 Police forces in Ontario currently provide a compressedI
work schedule (10 or 12 hour shifts) A further survey conducted byI
the Police Association of ontario in 1989 apparently indicated that 88I
forces representing 17717 police officers (or over 95 of the policeI
officers in the province) operate under a compressed work schedule
I
either by contract by letter of understanding or by mutual agreement
I
The Association also stated that of the forces in communities with a
population of between 5000 and 10000 (Goderich having a population
I
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of approximately 7400) twenty-five out of twenty-eight of these forcesI
operate on a compressed work week sixteen of these forces operate onI
10 hour shifts with the remaining nine forces operating on a 12 hourI
shift
I
I The Employer in opposing this proposal argued in part that In
certain respects this issue is unusually placed before this Chairman
insofar as it is more typical for the parties to come before a Board of
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Arbitration requesting the imposition of an extended tour scheduleI
having experienced a considerable trial period by virtue of aI
memorandum of agreementI
I
Such was apparently the case in Fort Frances where the parties
I arbitrated the issue after a three year trial period Also in Owen
I Sound a three year trial period was utilized before the extended tour
was formally introduced into the agreementI
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I I accept that the imposition of a compressed work schedule without a
trial period is perhaps not the most satisfactory solution However II
note with respect that an examination of the report sent to theI
commission by their representative (Association exhibit B) seemed toI
suggest that the danger of a trial period would be that the extendedI
tour would be enshrined into the agreement Therefore at the end of
I
the trial period in the event that the Board chose to discontinue the
I ten hour shift an arbitrator would note that the town had survived the
I trial period and would presumably award it as a part of the collective
agreementI
I
This appears to me to be somewhat of a catch 22 situation On theI
one hand it is argued that a compressed schedule should not beI
implemented without a trial period On the other hand however it is
I
suggested that a trial period should be rejected
I
I There is no doubt that administrative adjustments would be required in
the event that the 10 hour schedule was adopted However I believe
that such adjustments would not be insurmountable
I
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I would think that the person most knowledgeable about theI
practicalities of a shift schedule would be the chief administrator of
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the force namely the Chief of Police It is he that has the
I responsibility of providing adequate policing for the community while
I at the same time remaining within budget allocation~
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In this instance I have reviewed the letter to the Board dated January
3 1990 (Exhibit A Associations exhibits) and can only conclude that
having considered the pros and cons of the matter the Chief determined
that there was an overwhelming benefit for the administration if the 10
hour shift were to be adopted He further recommended in part thatI
10 hour shifts be adopted for a six month periodI
I
I find these suggestions far more compelling than the rejection of the
I proposal submitted by the commission In addition I do not
I necessarily agree that a compressed work schedule would improve
I efficiency and morale however I am satisfied that it would enhance the
I quality of working life of the officers
I
I In summary I direct that the parties meet as soon as possible after
I the release of this award and in any event not later than 30 days
I after this date and that they shall implement a 10 hour work shift
I schedule as proposed by the Association the details of which are to be
I worked out by the parties This schedule is to be implemented on a
I trial period basis the length of said trial period to be determined by
direct discussions between the parties During this trial period theI
I cost of holidays and vacations are to be converted to hours based upon
8 hours per dayI
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2 Article 1305 - Insurance Benefits (Vision Care)
The Association is proposing that the Vision Care Expense Benefit be
increased to $15000 total from the $10000 presently provided The
I
argument is that the current cost of eye glasses is in excess of
I
$10000 There is little doubt that the cost of eye glasses like the
I
cost of most items in increasing However I am not persuaded that a
I change in this article is necessary at this time
I
I ~ Article 1306 - Insurance Benefits (Dental)
I The present clause 1306 states The Board shall contribute 100 of
I the cost of a basic dental plan for each member of the force
I
I The Associations proposal would read 1306 - The Board shall
I contribute 100 of the cost of a dental plan for the members and their
I dependants The dental plan shall be equivalent to Blue Cross 9 with
Rider 2 and Rider 3 based on the current years Ontario Dental
Association fee schedule
I
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The argument presented against this proposal stated that The current
level of dental coverage is already as good as or better than the
I
I
coverage extended to fifteen of the twenty-five comparison forcesI
In addition it was pointed out that the plan in which these officersI
are members is a plan which includes all of the employees of the townI
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While improvements in Dental Plan benefits are always desirable I am I
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not convinced that the members of the police force are entitled to
benefits in excess of those received by other town employees that are
included in the plan
The proposal of the Association is rejected at this time
L Article 1308 (New) - Insurance Benefits (Retired members)
The Association proposal is as follows
The Board shall continue to provide to retiredmembers the insurance benefits of section 13031305 and 1306 where they are not providedunder any government assistance or otherprogram until age 65
1303 - The Board shall contribute 100 of theontario Health Insurance Plan Prescription Drugplan and Group Life Insurance equal to twice theamount of the basic annual salary received fromfrom time to time from commencement of employmentof all employees
1305 - The Board shall contribute 100 for the costof a Vision Care Expense Benefit up to a maximum of$10000 in total during any two consecutive calendaryears for each person covered
1306 - The Board shall contribute 100 of the cost ofa basic Dental Plan for each member of the force
In support of this proposal the Association argued that of the 117
forces in the Police Association of Ontarios survey of wages and
working conditions for 1989 (Appendix E) 66 forces had some form of
extended health care after retirement This was in comparison with
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only 16 forces in 1985 as cited in the 1986 City of Brantford PoliceI
Arbitration Award of Mr J DempsterI
I
In opposing this proposal the Employer argued that this was clearlyI
out of line with any existing in the industry
I
I While acknowledging that a number of forces do provide for the
extension of benefits to retirees it was argued by the Employer thatI
the package sought by the Association is far in excess of what membersI
of other forces receiveI
I
The data provided indicatedI
Only 9 of approximately 120 Employers provide forI
insurance coverage
I Only 33 of approximately 120 Employers providefor Major Medical
I
Only 18 of approximately 120 Employers providefor semi-private coverage
I
Only 21 of approximately 120 Employers provideI for Dental Coverage
I Only 16 of approximately 120 Employers providefor Vision Care
I
I Upon a closer examination of the statistics as outlined in the PAO
I surveys of wages and working conditions for 1989 (Association Appendix
I E) I find the following
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61 of 116 Employers
60 of 116 EmployersI
Coverage
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provide
provide
provide
provide
for Life Insurance
for Major Medical
for Semi-private
for Dental coverage
In addition it would appear that the towns of Port Elgin andI
Kincardine added this type of benefit in their 1990 negotiationsI
I
There is no doubt that the number of forces receiving this benefit hasI
significantly increased since the issue was first examined by Mr
I Dempster at Brantford in 1985 with major medical coverage and semi-
I private coverage now being enjoyed by a significant majority of forces
Accordingly it is my award that the Board shall pay 100 of the
premium cost for retirees until age 65 for both major medical and semi-
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I
private hospital coverageI
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~ New Article - Manaaement RightsI
The Association in proposing a Management Rights clause argued that
I
it is a fundamental part of the majority of collective agreements in
I the Province That may be the case However I am inclined to agree
with the Employer that there has been no demonstrated need for such a
clause since the Police Act affords uniformed officers the same sorts
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of protections that would normally be provided by a Management RightsI
clause I am not prepared to award the Associations proposal at thisI
time
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Article 2301 - Salaries
The Association presented a proposal for a substantial wage increase
based upon salary comparisons with other police forces Three tables
were submitted
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I Table 1 indicated Of 29 forces representing communities with
I
populations of between 5000 and 10000 Goderich police were 418
I
below the average based upon 1989 salaries
I
I Table 2 indicated of police forces with a strength of between 10 and
I fifteen officers Goderich was 325 below the average based upon 1989
I salaries
I
I Table 3 indicated A ten year analysis of First Class Constable rates
I between Goderich Kincardine and Port Elgin showed that Goderich and
Port Elgin were relatively equal in 1989 with Kincardine beingI
approximately 28 ahead of GoderichI
I
The Association submitted that since parity with Port Elgin had almostI
been achieved in 1989 it would require an increase of 986 in 1990 to
achieve parity at this time since Port Elgin settled for 5 on January
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1 1990 and 425 on JUly 1 1990I
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The Employers proposal would increase all salaries by five percent
(55) effective January 1 1990
While there is a difference in the amount above as presented in the
Employers brief the verbal offer made at the hearing was five and one
half percent (55) to all levels
I
I A review submitted by the Employer showing the rates of pay in 25 other
forces in the Province where the population is between 5000 and 9000
and uniform strength is between 6 and 19 showed that the average
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salary for this group was $39830 (in 1989) Goderich was apparentlyI
third from the bottom of this listI
I
It was further stated that there was nothing in the list to indicate
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that this positioning was not appropriate
I
I Exhibit 9 (Employers Submission) indicated that the average increase
in the group of twenty-five comparison forces was 581I
I
If one were to add the recent settlement at Port Elgin as reported byI
the Association then this average would become 613I
I The Associations table 1 indicated that of communities with a
I population of between 5000 and 10000 there was an average salary
I increase of 646 for 1990 (14 forces out of 29 reported)
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I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
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I have some major concerns with this approach Why for instance did
I
Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
I
The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
I
exclusively However I believe that this relationship should not be
I significantly eroded
I
In summary my award on salaries is as followsI
I
An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
I
effective July 1 1990
I
I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
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It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
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The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
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during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
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Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
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The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
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L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
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Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
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6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
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Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
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rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
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An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
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65 of the 117 Police forces in Ontario currently provide a compressedI
work schedule (10 or 12 hour shifts) A further survey conducted byI
the Police Association of ontario in 1989 apparently indicated that 88I
forces representing 17717 police officers (or over 95 of the policeI
officers in the province) operate under a compressed work schedule
I
either by contract by letter of understanding or by mutual agreement
I
The Association also stated that of the forces in communities with a
population of between 5000 and 10000 (Goderich having a population
I
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of approximately 7400) twenty-five out of twenty-eight of these forcesI
operate on a compressed work week sixteen of these forces operate onI
10 hour shifts with the remaining nine forces operating on a 12 hourI
shift
I
I The Employer in opposing this proposal argued in part that In
certain respects this issue is unusually placed before this Chairman
insofar as it is more typical for the parties to come before a Board of
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Arbitration requesting the imposition of an extended tour scheduleI
having experienced a considerable trial period by virtue of aI
memorandum of agreementI
I
Such was apparently the case in Fort Frances where the parties
I arbitrated the issue after a three year trial period Also in Owen
I Sound a three year trial period was utilized before the extended tour
was formally introduced into the agreementI
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I I accept that the imposition of a compressed work schedule without a
trial period is perhaps not the most satisfactory solution However II
note with respect that an examination of the report sent to theI
commission by their representative (Association exhibit B) seemed toI
suggest that the danger of a trial period would be that the extendedI
tour would be enshrined into the agreement Therefore at the end of
I
the trial period in the event that the Board chose to discontinue the
I ten hour shift an arbitrator would note that the town had survived the
I trial period and would presumably award it as a part of the collective
agreementI
I
This appears to me to be somewhat of a catch 22 situation On theI
one hand it is argued that a compressed schedule should not beI
implemented without a trial period On the other hand however it is
I
suggested that a trial period should be rejected
I
I There is no doubt that administrative adjustments would be required in
the event that the 10 hour schedule was adopted However I believe
that such adjustments would not be insurmountable
I
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I would think that the person most knowledgeable about theI
practicalities of a shift schedule would be the chief administrator of
I
the force namely the Chief of Police It is he that has the
I responsibility of providing adequate policing for the community while
I at the same time remaining within budget allocation~
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In this instance I have reviewed the letter to the Board dated January
3 1990 (Exhibit A Associations exhibits) and can only conclude that
having considered the pros and cons of the matter the Chief determined
that there was an overwhelming benefit for the administration if the 10
hour shift were to be adopted He further recommended in part thatI
10 hour shifts be adopted for a six month periodI
I
I find these suggestions far more compelling than the rejection of the
I proposal submitted by the commission In addition I do not
I necessarily agree that a compressed work schedule would improve
I efficiency and morale however I am satisfied that it would enhance the
I quality of working life of the officers
I
I In summary I direct that the parties meet as soon as possible after
I the release of this award and in any event not later than 30 days
I after this date and that they shall implement a 10 hour work shift
I schedule as proposed by the Association the details of which are to be
I worked out by the parties This schedule is to be implemented on a
I trial period basis the length of said trial period to be determined by
direct discussions between the parties During this trial period theI
I cost of holidays and vacations are to be converted to hours based upon
8 hours per dayI
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2 Article 1305 - Insurance Benefits (Vision Care)
The Association is proposing that the Vision Care Expense Benefit be
increased to $15000 total from the $10000 presently provided The
I
argument is that the current cost of eye glasses is in excess of
I
$10000 There is little doubt that the cost of eye glasses like the
I
cost of most items in increasing However I am not persuaded that a
I change in this article is necessary at this time
I
I ~ Article 1306 - Insurance Benefits (Dental)
I The present clause 1306 states The Board shall contribute 100 of
I the cost of a basic dental plan for each member of the force
I
I The Associations proposal would read 1306 - The Board shall
I contribute 100 of the cost of a dental plan for the members and their
I dependants The dental plan shall be equivalent to Blue Cross 9 with
Rider 2 and Rider 3 based on the current years Ontario Dental
Association fee schedule
I
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The argument presented against this proposal stated that The current
level of dental coverage is already as good as or better than the
I
I
coverage extended to fifteen of the twenty-five comparison forcesI
In addition it was pointed out that the plan in which these officersI
are members is a plan which includes all of the employees of the townI
I
While improvements in Dental Plan benefits are always desirable I am I
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not convinced that the members of the police force are entitled to
benefits in excess of those received by other town employees that are
included in the plan
The proposal of the Association is rejected at this time
L Article 1308 (New) - Insurance Benefits (Retired members)
The Association proposal is as follows
The Board shall continue to provide to retiredmembers the insurance benefits of section 13031305 and 1306 where they are not providedunder any government assistance or otherprogram until age 65
1303 - The Board shall contribute 100 of theontario Health Insurance Plan Prescription Drugplan and Group Life Insurance equal to twice theamount of the basic annual salary received fromfrom time to time from commencement of employmentof all employees
1305 - The Board shall contribute 100 for the costof a Vision Care Expense Benefit up to a maximum of$10000 in total during any two consecutive calendaryears for each person covered
1306 - The Board shall contribute 100 of the cost ofa basic Dental Plan for each member of the force
In support of this proposal the Association argued that of the 117
forces in the Police Association of Ontarios survey of wages and
working conditions for 1989 (Appendix E) 66 forces had some form of
extended health care after retirement This was in comparison with
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only 16 forces in 1985 as cited in the 1986 City of Brantford PoliceI
Arbitration Award of Mr J DempsterI
I
In opposing this proposal the Employer argued that this was clearlyI
out of line with any existing in the industry
I
I While acknowledging that a number of forces do provide for the
extension of benefits to retirees it was argued by the Employer thatI
the package sought by the Association is far in excess of what membersI
of other forces receiveI
I
The data provided indicatedI
Only 9 of approximately 120 Employers provide forI
insurance coverage
I Only 33 of approximately 120 Employers providefor Major Medical
I
Only 18 of approximately 120 Employers providefor semi-private coverage
I
Only 21 of approximately 120 Employers provideI for Dental Coverage
I Only 16 of approximately 120 Employers providefor Vision Care
I
I Upon a closer examination of the statistics as outlined in the PAO
I surveys of wages and working conditions for 1989 (Association Appendix
I E) I find the following
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I 20 of 116 Employers
61 of 116 Employers
60 of 116 EmployersI
Coverage
I 39 of 116 Employers
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provide
provide
provide
provide
for Life Insurance
for Major Medical
for Semi-private
for Dental coverage
In addition it would appear that the towns of Port Elgin andI
Kincardine added this type of benefit in their 1990 negotiationsI
I
There is no doubt that the number of forces receiving this benefit hasI
significantly increased since the issue was first examined by Mr
I Dempster at Brantford in 1985 with major medical coverage and semi-
I private coverage now being enjoyed by a significant majority of forces
Accordingly it is my award that the Board shall pay 100 of the
premium cost for retirees until age 65 for both major medical and semi-
I
I
private hospital coverageI
I
~ New Article - Manaaement RightsI
The Association in proposing a Management Rights clause argued that
I
it is a fundamental part of the majority of collective agreements in
I the Province That may be the case However I am inclined to agree
with the Employer that there has been no demonstrated need for such a
clause since the Police Act affords uniformed officers the same sorts
I
I
of protections that would normally be provided by a Management RightsI
clause I am not prepared to award the Associations proposal at thisI
time
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Article 2301 - Salaries
The Association presented a proposal for a substantial wage increase
based upon salary comparisons with other police forces Three tables
were submitted
I
I Table 1 indicated Of 29 forces representing communities with
I
populations of between 5000 and 10000 Goderich police were 418
I
below the average based upon 1989 salaries
I
I Table 2 indicated of police forces with a strength of between 10 and
I fifteen officers Goderich was 325 below the average based upon 1989
I salaries
I
I Table 3 indicated A ten year analysis of First Class Constable rates
I between Goderich Kincardine and Port Elgin showed that Goderich and
Port Elgin were relatively equal in 1989 with Kincardine beingI
approximately 28 ahead of GoderichI
I
The Association submitted that since parity with Port Elgin had almostI
been achieved in 1989 it would require an increase of 986 in 1990 to
achieve parity at this time since Port Elgin settled for 5 on January
I
I
1 1990 and 425 on JUly 1 1990I
I
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The Employers proposal would increase all salaries by five percent
(55) effective January 1 1990
While there is a difference in the amount above as presented in the
Employers brief the verbal offer made at the hearing was five and one
half percent (55) to all levels
I
I A review submitted by the Employer showing the rates of pay in 25 other
forces in the Province where the population is between 5000 and 9000
and uniform strength is between 6 and 19 showed that the average
I
I
salary for this group was $39830 (in 1989) Goderich was apparentlyI
third from the bottom of this listI
I
It was further stated that there was nothing in the list to indicate
I
that this positioning was not appropriate
I
I Exhibit 9 (Employers Submission) indicated that the average increase
in the group of twenty-five comparison forces was 581I
I
If one were to add the recent settlement at Port Elgin as reported byI
the Association then this average would become 613I
I The Associations table 1 indicated that of communities with a
I population of between 5000 and 10000 there was an average salary
I increase of 646 for 1990 (14 forces out of 29 reported)
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I
I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
I
I have some major concerns with this approach Why for instance did
I
Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
I
The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
I
exclusively However I believe that this relationship should not be
I significantly eroded
I
In summary my award on salaries is as followsI
I
An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
I
effective July 1 1990
I
I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
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It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
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The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
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during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
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While agreeing that twelve hour shifts can work in that situation the
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Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
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The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
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In order to maintain this the Employer proposed the adjustment of
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service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
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I ~ Article 8 (New) - p ald Lunch
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I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
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L Article 1103 - Insurance Benefits (Vision Care)
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I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
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Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
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6(New Article) - Severance Pay
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The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
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Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
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L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
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Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
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Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
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rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
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The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
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province
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An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
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I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
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I I accept that the imposition of a compressed work schedule without a
trial period is perhaps not the most satisfactory solution However II
note with respect that an examination of the report sent to theI
commission by their representative (Association exhibit B) seemed toI
suggest that the danger of a trial period would be that the extendedI
tour would be enshrined into the agreement Therefore at the end of
I
the trial period in the event that the Board chose to discontinue the
I ten hour shift an arbitrator would note that the town had survived the
I trial period and would presumably award it as a part of the collective
agreementI
I
This appears to me to be somewhat of a catch 22 situation On theI
one hand it is argued that a compressed schedule should not beI
implemented without a trial period On the other hand however it is
I
suggested that a trial period should be rejected
I
I There is no doubt that administrative adjustments would be required in
the event that the 10 hour schedule was adopted However I believe
that such adjustments would not be insurmountable
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I would think that the person most knowledgeable about theI
practicalities of a shift schedule would be the chief administrator of
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the force namely the Chief of Police It is he that has the
I responsibility of providing adequate policing for the community while
I at the same time remaining within budget allocation~
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In this instance I have reviewed the letter to the Board dated January
3 1990 (Exhibit A Associations exhibits) and can only conclude that
having considered the pros and cons of the matter the Chief determined
that there was an overwhelming benefit for the administration if the 10
hour shift were to be adopted He further recommended in part thatI
10 hour shifts be adopted for a six month periodI
I
I find these suggestions far more compelling than the rejection of the
I proposal submitted by the commission In addition I do not
I necessarily agree that a compressed work schedule would improve
I efficiency and morale however I am satisfied that it would enhance the
I quality of working life of the officers
I
I In summary I direct that the parties meet as soon as possible after
I the release of this award and in any event not later than 30 days
I after this date and that they shall implement a 10 hour work shift
I schedule as proposed by the Association the details of which are to be
I worked out by the parties This schedule is to be implemented on a
I trial period basis the length of said trial period to be determined by
direct discussions between the parties During this trial period theI
I cost of holidays and vacations are to be converted to hours based upon
8 hours per dayI
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2 Article 1305 - Insurance Benefits (Vision Care)
The Association is proposing that the Vision Care Expense Benefit be
increased to $15000 total from the $10000 presently provided The
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argument is that the current cost of eye glasses is in excess of
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$10000 There is little doubt that the cost of eye glasses like the
I
cost of most items in increasing However I am not persuaded that a
I change in this article is necessary at this time
I
I ~ Article 1306 - Insurance Benefits (Dental)
I The present clause 1306 states The Board shall contribute 100 of
I the cost of a basic dental plan for each member of the force
I
I The Associations proposal would read 1306 - The Board shall
I contribute 100 of the cost of a dental plan for the members and their
I dependants The dental plan shall be equivalent to Blue Cross 9 with
Rider 2 and Rider 3 based on the current years Ontario Dental
Association fee schedule
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The argument presented against this proposal stated that The current
level of dental coverage is already as good as or better than the
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coverage extended to fifteen of the twenty-five comparison forcesI
In addition it was pointed out that the plan in which these officersI
are members is a plan which includes all of the employees of the townI
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While improvements in Dental Plan benefits are always desirable I am I
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not convinced that the members of the police force are entitled to
benefits in excess of those received by other town employees that are
included in the plan
The proposal of the Association is rejected at this time
L Article 1308 (New) - Insurance Benefits (Retired members)
The Association proposal is as follows
The Board shall continue to provide to retiredmembers the insurance benefits of section 13031305 and 1306 where they are not providedunder any government assistance or otherprogram until age 65
1303 - The Board shall contribute 100 of theontario Health Insurance Plan Prescription Drugplan and Group Life Insurance equal to twice theamount of the basic annual salary received fromfrom time to time from commencement of employmentof all employees
1305 - The Board shall contribute 100 for the costof a Vision Care Expense Benefit up to a maximum of$10000 in total during any two consecutive calendaryears for each person covered
1306 - The Board shall contribute 100 of the cost ofa basic Dental Plan for each member of the force
In support of this proposal the Association argued that of the 117
forces in the Police Association of Ontarios survey of wages and
working conditions for 1989 (Appendix E) 66 forces had some form of
extended health care after retirement This was in comparison with
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only 16 forces in 1985 as cited in the 1986 City of Brantford PoliceI
Arbitration Award of Mr J DempsterI
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In opposing this proposal the Employer argued that this was clearlyI
out of line with any existing in the industry
I
I While acknowledging that a number of forces do provide for the
extension of benefits to retirees it was argued by the Employer thatI
the package sought by the Association is far in excess of what membersI
of other forces receiveI
I
The data provided indicatedI
Only 9 of approximately 120 Employers provide forI
insurance coverage
I Only 33 of approximately 120 Employers providefor Major Medical
I
Only 18 of approximately 120 Employers providefor semi-private coverage
I
Only 21 of approximately 120 Employers provideI for Dental Coverage
I Only 16 of approximately 120 Employers providefor Vision Care
I
I Upon a closer examination of the statistics as outlined in the PAO
I surveys of wages and working conditions for 1989 (Association Appendix
I E) I find the following
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61 of 116 Employers
60 of 116 EmployersI
Coverage
I 39 of 116 Employers
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provide
provide
provide
provide
for Life Insurance
for Major Medical
for Semi-private
for Dental coverage
In addition it would appear that the towns of Port Elgin andI
Kincardine added this type of benefit in their 1990 negotiationsI
I
There is no doubt that the number of forces receiving this benefit hasI
significantly increased since the issue was first examined by Mr
I Dempster at Brantford in 1985 with major medical coverage and semi-
I private coverage now being enjoyed by a significant majority of forces
Accordingly it is my award that the Board shall pay 100 of the
premium cost for retirees until age 65 for both major medical and semi-
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private hospital coverageI
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~ New Article - Manaaement RightsI
The Association in proposing a Management Rights clause argued that
I
it is a fundamental part of the majority of collective agreements in
I the Province That may be the case However I am inclined to agree
with the Employer that there has been no demonstrated need for such a
clause since the Police Act affords uniformed officers the same sorts
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of protections that would normally be provided by a Management RightsI
clause I am not prepared to award the Associations proposal at thisI
time
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Article 2301 - Salaries
The Association presented a proposal for a substantial wage increase
based upon salary comparisons with other police forces Three tables
were submitted
I
I Table 1 indicated Of 29 forces representing communities with
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populations of between 5000 and 10000 Goderich police were 418
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below the average based upon 1989 salaries
I
I Table 2 indicated of police forces with a strength of between 10 and
I fifteen officers Goderich was 325 below the average based upon 1989
I salaries
I
I Table 3 indicated A ten year analysis of First Class Constable rates
I between Goderich Kincardine and Port Elgin showed that Goderich and
Port Elgin were relatively equal in 1989 with Kincardine beingI
approximately 28 ahead of GoderichI
I
The Association submitted that since parity with Port Elgin had almostI
been achieved in 1989 it would require an increase of 986 in 1990 to
achieve parity at this time since Port Elgin settled for 5 on January
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1 1990 and 425 on JUly 1 1990I
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The Employers proposal would increase all salaries by five percent
(55) effective January 1 1990
While there is a difference in the amount above as presented in the
Employers brief the verbal offer made at the hearing was five and one
half percent (55) to all levels
I
I A review submitted by the Employer showing the rates of pay in 25 other
forces in the Province where the population is between 5000 and 9000
and uniform strength is between 6 and 19 showed that the average
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salary for this group was $39830 (in 1989) Goderich was apparentlyI
third from the bottom of this listI
I
It was further stated that there was nothing in the list to indicate
I
that this positioning was not appropriate
I
I Exhibit 9 (Employers Submission) indicated that the average increase
in the group of twenty-five comparison forces was 581I
I
If one were to add the recent settlement at Port Elgin as reported byI
the Association then this average would become 613I
I The Associations table 1 indicated that of communities with a
I population of between 5000 and 10000 there was an average salary
I increase of 646 for 1990 (14 forces out of 29 reported)
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I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
I
I have some major concerns with this approach Why for instance did
I
Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
I
The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
I
exclusively However I believe that this relationship should not be
I significantly eroded
I
In summary my award on salaries is as followsI
I
An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
I
effective July 1 1990
I
I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
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It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
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The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
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during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
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Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
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The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
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I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
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I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
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An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
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In this instance I have reviewed the letter to the Board dated January
3 1990 (Exhibit A Associations exhibits) and can only conclude that
having considered the pros and cons of the matter the Chief determined
that there was an overwhelming benefit for the administration if the 10
hour shift were to be adopted He further recommended in part thatI
10 hour shifts be adopted for a six month periodI
I
I find these suggestions far more compelling than the rejection of the
I proposal submitted by the commission In addition I do not
I necessarily agree that a compressed work schedule would improve
I efficiency and morale however I am satisfied that it would enhance the
I quality of working life of the officers
I
I In summary I direct that the parties meet as soon as possible after
I the release of this award and in any event not later than 30 days
I after this date and that they shall implement a 10 hour work shift
I schedule as proposed by the Association the details of which are to be
I worked out by the parties This schedule is to be implemented on a
I trial period basis the length of said trial period to be determined by
direct discussions between the parties During this trial period theI
I cost of holidays and vacations are to be converted to hours based upon
8 hours per dayI
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2 Article 1305 - Insurance Benefits (Vision Care)
The Association is proposing that the Vision Care Expense Benefit be
increased to $15000 total from the $10000 presently provided The
I
argument is that the current cost of eye glasses is in excess of
I
$10000 There is little doubt that the cost of eye glasses like the
I
cost of most items in increasing However I am not persuaded that a
I change in this article is necessary at this time
I
I ~ Article 1306 - Insurance Benefits (Dental)
I The present clause 1306 states The Board shall contribute 100 of
I the cost of a basic dental plan for each member of the force
I
I The Associations proposal would read 1306 - The Board shall
I contribute 100 of the cost of a dental plan for the members and their
I dependants The dental plan shall be equivalent to Blue Cross 9 with
Rider 2 and Rider 3 based on the current years Ontario Dental
Association fee schedule
I
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The argument presented against this proposal stated that The current
level of dental coverage is already as good as or better than the
I
I
coverage extended to fifteen of the twenty-five comparison forcesI
In addition it was pointed out that the plan in which these officersI
are members is a plan which includes all of the employees of the townI
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While improvements in Dental Plan benefits are always desirable I am I
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not convinced that the members of the police force are entitled to
benefits in excess of those received by other town employees that are
included in the plan
The proposal of the Association is rejected at this time
L Article 1308 (New) - Insurance Benefits (Retired members)
The Association proposal is as follows
The Board shall continue to provide to retiredmembers the insurance benefits of section 13031305 and 1306 where they are not providedunder any government assistance or otherprogram until age 65
1303 - The Board shall contribute 100 of theontario Health Insurance Plan Prescription Drugplan and Group Life Insurance equal to twice theamount of the basic annual salary received fromfrom time to time from commencement of employmentof all employees
1305 - The Board shall contribute 100 for the costof a Vision Care Expense Benefit up to a maximum of$10000 in total during any two consecutive calendaryears for each person covered
1306 - The Board shall contribute 100 of the cost ofa basic Dental Plan for each member of the force
In support of this proposal the Association argued that of the 117
forces in the Police Association of Ontarios survey of wages and
working conditions for 1989 (Appendix E) 66 forces had some form of
extended health care after retirement This was in comparison with
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I
only 16 forces in 1985 as cited in the 1986 City of Brantford PoliceI
Arbitration Award of Mr J DempsterI
I
In opposing this proposal the Employer argued that this was clearlyI
out of line with any existing in the industry
I
I While acknowledging that a number of forces do provide for the
extension of benefits to retirees it was argued by the Employer thatI
the package sought by the Association is far in excess of what membersI
of other forces receiveI
I
The data provided indicatedI
Only 9 of approximately 120 Employers provide forI
insurance coverage
I Only 33 of approximately 120 Employers providefor Major Medical
I
Only 18 of approximately 120 Employers providefor semi-private coverage
I
Only 21 of approximately 120 Employers provideI for Dental Coverage
I Only 16 of approximately 120 Employers providefor Vision Care
I
I Upon a closer examination of the statistics as outlined in the PAO
I surveys of wages and working conditions for 1989 (Association Appendix
I E) I find the following
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I 20 of 116 Employers
61 of 116 Employers
60 of 116 EmployersI
Coverage
I 39 of 116 Employers
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provide
provide
provide
provide
for Life Insurance
for Major Medical
for Semi-private
for Dental coverage
In addition it would appear that the towns of Port Elgin andI
Kincardine added this type of benefit in their 1990 negotiationsI
I
There is no doubt that the number of forces receiving this benefit hasI
significantly increased since the issue was first examined by Mr
I Dempster at Brantford in 1985 with major medical coverage and semi-
I private coverage now being enjoyed by a significant majority of forces
Accordingly it is my award that the Board shall pay 100 of the
premium cost for retirees until age 65 for both major medical and semi-
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I
private hospital coverageI
I
~ New Article - Manaaement RightsI
The Association in proposing a Management Rights clause argued that
I
it is a fundamental part of the majority of collective agreements in
I the Province That may be the case However I am inclined to agree
with the Employer that there has been no demonstrated need for such a
clause since the Police Act affords uniformed officers the same sorts
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I
of protections that would normally be provided by a Management RightsI
clause I am not prepared to award the Associations proposal at thisI
time
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Article 2301 - Salaries
The Association presented a proposal for a substantial wage increase
based upon salary comparisons with other police forces Three tables
were submitted
I
I Table 1 indicated Of 29 forces representing communities with
I
populations of between 5000 and 10000 Goderich police were 418
I
below the average based upon 1989 salaries
I
I Table 2 indicated of police forces with a strength of between 10 and
I fifteen officers Goderich was 325 below the average based upon 1989
I salaries
I
I Table 3 indicated A ten year analysis of First Class Constable rates
I between Goderich Kincardine and Port Elgin showed that Goderich and
Port Elgin were relatively equal in 1989 with Kincardine beingI
approximately 28 ahead of GoderichI
I
The Association submitted that since parity with Port Elgin had almostI
been achieved in 1989 it would require an increase of 986 in 1990 to
achieve parity at this time since Port Elgin settled for 5 on January
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1 1990 and 425 on JUly 1 1990I
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The Employers proposal would increase all salaries by five percent
(55) effective January 1 1990
While there is a difference in the amount above as presented in the
Employers brief the verbal offer made at the hearing was five and one
half percent (55) to all levels
I
I A review submitted by the Employer showing the rates of pay in 25 other
forces in the Province where the population is between 5000 and 9000
and uniform strength is between 6 and 19 showed that the average
I
I
salary for this group was $39830 (in 1989) Goderich was apparentlyI
third from the bottom of this listI
I
It was further stated that there was nothing in the list to indicate
I
that this positioning was not appropriate
I
I Exhibit 9 (Employers Submission) indicated that the average increase
in the group of twenty-five comparison forces was 581I
I
If one were to add the recent settlement at Port Elgin as reported byI
the Association then this average would become 613I
I The Associations table 1 indicated that of communities with a
I population of between 5000 and 10000 there was an average salary
I increase of 646 for 1990 (14 forces out of 29 reported)
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I
I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
I
I have some major concerns with this approach Why for instance did
I
Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
I
The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
I
exclusively However I believe that this relationship should not be
I significantly eroded
I
In summary my award on salaries is as followsI
I
An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
I
effective July 1 1990
I
I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
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It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
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The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
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during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
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Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
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The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
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I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
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Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
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An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
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2 Article 1305 - Insurance Benefits (Vision Care)
The Association is proposing that the Vision Care Expense Benefit be
increased to $15000 total from the $10000 presently provided The
I
argument is that the current cost of eye glasses is in excess of
I
$10000 There is little doubt that the cost of eye glasses like the
I
cost of most items in increasing However I am not persuaded that a
I change in this article is necessary at this time
I
I ~ Article 1306 - Insurance Benefits (Dental)
I The present clause 1306 states The Board shall contribute 100 of
I the cost of a basic dental plan for each member of the force
I
I The Associations proposal would read 1306 - The Board shall
I contribute 100 of the cost of a dental plan for the members and their
I dependants The dental plan shall be equivalent to Blue Cross 9 with
Rider 2 and Rider 3 based on the current years Ontario Dental
Association fee schedule
I
I
I
The argument presented against this proposal stated that The current
level of dental coverage is already as good as or better than the
I
I
coverage extended to fifteen of the twenty-five comparison forcesI
In addition it was pointed out that the plan in which these officersI
are members is a plan which includes all of the employees of the townI
I
While improvements in Dental Plan benefits are always desirable I am I
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not convinced that the members of the police force are entitled to
benefits in excess of those received by other town employees that are
included in the plan
The proposal of the Association is rejected at this time
L Article 1308 (New) - Insurance Benefits (Retired members)
The Association proposal is as follows
The Board shall continue to provide to retiredmembers the insurance benefits of section 13031305 and 1306 where they are not providedunder any government assistance or otherprogram until age 65
1303 - The Board shall contribute 100 of theontario Health Insurance Plan Prescription Drugplan and Group Life Insurance equal to twice theamount of the basic annual salary received fromfrom time to time from commencement of employmentof all employees
1305 - The Board shall contribute 100 for the costof a Vision Care Expense Benefit up to a maximum of$10000 in total during any two consecutive calendaryears for each person covered
1306 - The Board shall contribute 100 of the cost ofa basic Dental Plan for each member of the force
In support of this proposal the Association argued that of the 117
forces in the Police Association of Ontarios survey of wages and
working conditions for 1989 (Appendix E) 66 forces had some form of
extended health care after retirement This was in comparison with
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only 16 forces in 1985 as cited in the 1986 City of Brantford PoliceI
Arbitration Award of Mr J DempsterI
I
In opposing this proposal the Employer argued that this was clearlyI
out of line with any existing in the industry
I
I While acknowledging that a number of forces do provide for the
extension of benefits to retirees it was argued by the Employer thatI
the package sought by the Association is far in excess of what membersI
of other forces receiveI
I
The data provided indicatedI
Only 9 of approximately 120 Employers provide forI
insurance coverage
I Only 33 of approximately 120 Employers providefor Major Medical
I
Only 18 of approximately 120 Employers providefor semi-private coverage
I
Only 21 of approximately 120 Employers provideI for Dental Coverage
I Only 16 of approximately 120 Employers providefor Vision Care
I
I Upon a closer examination of the statistics as outlined in the PAO
I surveys of wages and working conditions for 1989 (Association Appendix
I E) I find the following
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I 20 of 116 Employers
61 of 116 Employers
60 of 116 EmployersI
Coverage
I 39 of 116 Employers
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provide
provide
provide
provide
for Life Insurance
for Major Medical
for Semi-private
for Dental coverage
In addition it would appear that the towns of Port Elgin andI
Kincardine added this type of benefit in their 1990 negotiationsI
I
There is no doubt that the number of forces receiving this benefit hasI
significantly increased since the issue was first examined by Mr
I Dempster at Brantford in 1985 with major medical coverage and semi-
I private coverage now being enjoyed by a significant majority of forces
Accordingly it is my award that the Board shall pay 100 of the
premium cost for retirees until age 65 for both major medical and semi-
I
I
private hospital coverageI
I
~ New Article - Manaaement RightsI
The Association in proposing a Management Rights clause argued that
I
it is a fundamental part of the majority of collective agreements in
I the Province That may be the case However I am inclined to agree
with the Employer that there has been no demonstrated need for such a
clause since the Police Act affords uniformed officers the same sorts
I
I
of protections that would normally be provided by a Management RightsI
clause I am not prepared to award the Associations proposal at thisI
time
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Article 2301 - Salaries
The Association presented a proposal for a substantial wage increase
based upon salary comparisons with other police forces Three tables
were submitted
I
I Table 1 indicated Of 29 forces representing communities with
I
populations of between 5000 and 10000 Goderich police were 418
I
below the average based upon 1989 salaries
I
I Table 2 indicated of police forces with a strength of between 10 and
I fifteen officers Goderich was 325 below the average based upon 1989
I salaries
I
I Table 3 indicated A ten year analysis of First Class Constable rates
I between Goderich Kincardine and Port Elgin showed that Goderich and
Port Elgin were relatively equal in 1989 with Kincardine beingI
approximately 28 ahead of GoderichI
I
The Association submitted that since parity with Port Elgin had almostI
been achieved in 1989 it would require an increase of 986 in 1990 to
achieve parity at this time since Port Elgin settled for 5 on January
I
I
1 1990 and 425 on JUly 1 1990I
I
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The Employers proposal would increase all salaries by five percent
(55) effective January 1 1990
While there is a difference in the amount above as presented in the
Employers brief the verbal offer made at the hearing was five and one
half percent (55) to all levels
I
I A review submitted by the Employer showing the rates of pay in 25 other
forces in the Province where the population is between 5000 and 9000
and uniform strength is between 6 and 19 showed that the average
I
I
salary for this group was $39830 (in 1989) Goderich was apparentlyI
third from the bottom of this listI
I
It was further stated that there was nothing in the list to indicate
I
that this positioning was not appropriate
I
I Exhibit 9 (Employers Submission) indicated that the average increase
in the group of twenty-five comparison forces was 581I
I
If one were to add the recent settlement at Port Elgin as reported byI
the Association then this average would become 613I
I The Associations table 1 indicated that of communities with a
I population of between 5000 and 10000 there was an average salary
I increase of 646 for 1990 (14 forces out of 29 reported)
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I
I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
I
I have some major concerns with this approach Why for instance did
I
Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
I
The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
I
exclusively However I believe that this relationship should not be
I significantly eroded
I
In summary my award on salaries is as followsI
I
An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
I
effective July 1 1990
I
I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
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It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
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The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
15
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during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
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Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
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The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
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I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
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I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
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- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
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VESjlw
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This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
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not convinced that the members of the police force are entitled to
benefits in excess of those received by other town employees that are
included in the plan
The proposal of the Association is rejected at this time
L Article 1308 (New) - Insurance Benefits (Retired members)
The Association proposal is as follows
The Board shall continue to provide to retiredmembers the insurance benefits of section 13031305 and 1306 where they are not providedunder any government assistance or otherprogram until age 65
1303 - The Board shall contribute 100 of theontario Health Insurance Plan Prescription Drugplan and Group Life Insurance equal to twice theamount of the basic annual salary received fromfrom time to time from commencement of employmentof all employees
1305 - The Board shall contribute 100 for the costof a Vision Care Expense Benefit up to a maximum of$10000 in total during any two consecutive calendaryears for each person covered
1306 - The Board shall contribute 100 of the cost ofa basic Dental Plan for each member of the force
In support of this proposal the Association argued that of the 117
forces in the Police Association of Ontarios survey of wages and
working conditions for 1989 (Appendix E) 66 forces had some form of
extended health care after retirement This was in comparison with
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I
only 16 forces in 1985 as cited in the 1986 City of Brantford PoliceI
Arbitration Award of Mr J DempsterI
I
In opposing this proposal the Employer argued that this was clearlyI
out of line with any existing in the industry
I
I While acknowledging that a number of forces do provide for the
extension of benefits to retirees it was argued by the Employer thatI
the package sought by the Association is far in excess of what membersI
of other forces receiveI
I
The data provided indicatedI
Only 9 of approximately 120 Employers provide forI
insurance coverage
I Only 33 of approximately 120 Employers providefor Major Medical
I
Only 18 of approximately 120 Employers providefor semi-private coverage
I
Only 21 of approximately 120 Employers provideI for Dental Coverage
I Only 16 of approximately 120 Employers providefor Vision Care
I
I Upon a closer examination of the statistics as outlined in the PAO
I surveys of wages and working conditions for 1989 (Association Appendix
I E) I find the following
I
9I
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---
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I 20 of 116 Employers
61 of 116 Employers
60 of 116 EmployersI
Coverage
I 39 of 116 Employers
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- 9 shy
provide
provide
provide
provide
for Life Insurance
for Major Medical
for Semi-private
for Dental coverage
In addition it would appear that the towns of Port Elgin andI
Kincardine added this type of benefit in their 1990 negotiationsI
I
There is no doubt that the number of forces receiving this benefit hasI
significantly increased since the issue was first examined by Mr
I Dempster at Brantford in 1985 with major medical coverage and semi-
I private coverage now being enjoyed by a significant majority of forces
Accordingly it is my award that the Board shall pay 100 of the
premium cost for retirees until age 65 for both major medical and semi-
I
I
private hospital coverageI
I
~ New Article - Manaaement RightsI
The Association in proposing a Management Rights clause argued that
I
it is a fundamental part of the majority of collective agreements in
I the Province That may be the case However I am inclined to agree
with the Employer that there has been no demonstrated need for such a
clause since the Police Act affords uniformed officers the same sorts
I
I
of protections that would normally be provided by a Management RightsI
clause I am not prepared to award the Associations proposal at thisI
time
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- 10 shy
Article 2301 - Salaries
The Association presented a proposal for a substantial wage increase
based upon salary comparisons with other police forces Three tables
were submitted
I
I Table 1 indicated Of 29 forces representing communities with
I
populations of between 5000 and 10000 Goderich police were 418
I
below the average based upon 1989 salaries
I
I Table 2 indicated of police forces with a strength of between 10 and
I fifteen officers Goderich was 325 below the average based upon 1989
I salaries
I
I Table 3 indicated A ten year analysis of First Class Constable rates
I between Goderich Kincardine and Port Elgin showed that Goderich and
Port Elgin were relatively equal in 1989 with Kincardine beingI
approximately 28 ahead of GoderichI
I
The Association submitted that since parity with Port Elgin had almostI
been achieved in 1989 it would require an increase of 986 in 1990 to
achieve parity at this time since Port Elgin settled for 5 on January
I
I
1 1990 and 425 on JUly 1 1990I
I
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- 11 shy
The Employers proposal would increase all salaries by five percent
(55) effective January 1 1990
While there is a difference in the amount above as presented in the
Employers brief the verbal offer made at the hearing was five and one
half percent (55) to all levels
I
I A review submitted by the Employer showing the rates of pay in 25 other
forces in the Province where the population is between 5000 and 9000
and uniform strength is between 6 and 19 showed that the average
I
I
salary for this group was $39830 (in 1989) Goderich was apparentlyI
third from the bottom of this listI
I
It was further stated that there was nothing in the list to indicate
I
that this positioning was not appropriate
I
I Exhibit 9 (Employers Submission) indicated that the average increase
in the group of twenty-five comparison forces was 581I
I
If one were to add the recent settlement at Port Elgin as reported byI
the Association then this average would become 613I
I The Associations table 1 indicated that of communities with a
I population of between 5000 and 10000 there was an average salary
I increase of 646 for 1990 (14 forces out of 29 reported)
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I
I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
I
I have some major concerns with this approach Why for instance did
I
Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
I
The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
I
exclusively However I believe that this relationship should not be
I significantly eroded
I
In summary my award on salaries is as followsI
I
An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
I
effective July 1 1990
I
I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
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It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
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The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
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during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
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I
Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
17
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I - 17 shyI
The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
18I
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I - 18 shy
I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
I
I
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
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I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
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I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
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I - 8 shy
I
only 16 forces in 1985 as cited in the 1986 City of Brantford PoliceI
Arbitration Award of Mr J DempsterI
I
In opposing this proposal the Employer argued that this was clearlyI
out of line with any existing in the industry
I
I While acknowledging that a number of forces do provide for the
extension of benefits to retirees it was argued by the Employer thatI
the package sought by the Association is far in excess of what membersI
of other forces receiveI
I
The data provided indicatedI
Only 9 of approximately 120 Employers provide forI
insurance coverage
I Only 33 of approximately 120 Employers providefor Major Medical
I
Only 18 of approximately 120 Employers providefor semi-private coverage
I
Only 21 of approximately 120 Employers provideI for Dental Coverage
I Only 16 of approximately 120 Employers providefor Vision Care
I
I Upon a closer examination of the statistics as outlined in the PAO
I surveys of wages and working conditions for 1989 (Association Appendix
I E) I find the following
I
9I
I
I
---
I
I
I
I 20 of 116 Employers
61 of 116 Employers
60 of 116 EmployersI
Coverage
I 39 of 116 Employers
I
- 9 shy
provide
provide
provide
provide
for Life Insurance
for Major Medical
for Semi-private
for Dental coverage
In addition it would appear that the towns of Port Elgin andI
Kincardine added this type of benefit in their 1990 negotiationsI
I
There is no doubt that the number of forces receiving this benefit hasI
significantly increased since the issue was first examined by Mr
I Dempster at Brantford in 1985 with major medical coverage and semi-
I private coverage now being enjoyed by a significant majority of forces
Accordingly it is my award that the Board shall pay 100 of the
premium cost for retirees until age 65 for both major medical and semi-
I
I
private hospital coverageI
I
~ New Article - Manaaement RightsI
The Association in proposing a Management Rights clause argued that
I
it is a fundamental part of the majority of collective agreements in
I the Province That may be the case However I am inclined to agree
with the Employer that there has been no demonstrated need for such a
clause since the Police Act affords uniformed officers the same sorts
I
I
of protections that would normally be provided by a Management RightsI
clause I am not prepared to award the Associations proposal at thisI
time
10I
I
I
- 10 shy
Article 2301 - Salaries
The Association presented a proposal for a substantial wage increase
based upon salary comparisons with other police forces Three tables
were submitted
I
I Table 1 indicated Of 29 forces representing communities with
I
populations of between 5000 and 10000 Goderich police were 418
I
below the average based upon 1989 salaries
I
I Table 2 indicated of police forces with a strength of between 10 and
I fifteen officers Goderich was 325 below the average based upon 1989
I salaries
I
I Table 3 indicated A ten year analysis of First Class Constable rates
I between Goderich Kincardine and Port Elgin showed that Goderich and
Port Elgin were relatively equal in 1989 with Kincardine beingI
approximately 28 ahead of GoderichI
I
The Association submitted that since parity with Port Elgin had almostI
been achieved in 1989 it would require an increase of 986 in 1990 to
achieve parity at this time since Port Elgin settled for 5 on January
I
I
1 1990 and 425 on JUly 1 1990I
I
11 I
I
I
I
- 11 shy
The Employers proposal would increase all salaries by five percent
(55) effective January 1 1990
While there is a difference in the amount above as presented in the
Employers brief the verbal offer made at the hearing was five and one
half percent (55) to all levels
I
I A review submitted by the Employer showing the rates of pay in 25 other
forces in the Province where the population is between 5000 and 9000
and uniform strength is between 6 and 19 showed that the average
I
I
salary for this group was $39830 (in 1989) Goderich was apparentlyI
third from the bottom of this listI
I
It was further stated that there was nothing in the list to indicate
I
that this positioning was not appropriate
I
I Exhibit 9 (Employers Submission) indicated that the average increase
in the group of twenty-five comparison forces was 581I
I
If one were to add the recent settlement at Port Elgin as reported byI
the Association then this average would become 613I
I The Associations table 1 indicated that of communities with a
I population of between 5000 and 10000 there was an average salary
I increase of 646 for 1990 (14 forces out of 29 reported)
12I
I
I
I
I
I - 12 shy
I
I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
I
I have some major concerns with this approach Why for instance did
I
Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
I
The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
I
exclusively However I believe that this relationship should not be
I significantly eroded
I
In summary my award on salaries is as followsI
I
An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
I
effective July 1 1990
I
I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
13 I
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I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
14
I
I
I
I
I
I
I
I
I
- 14 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
15
I
I
I
I
I
- 15 shy
during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
16
I
I
I
I
I
I
I
I
I
- 16 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
17
I
I
I
I
I
I
I
I - 17 shyI
The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
18I
I
I
I
I
I - 18 shy
I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
I
I
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
I
I
I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
---
I
I
I
I 20 of 116 Employers
61 of 116 Employers
60 of 116 EmployersI
Coverage
I 39 of 116 Employers
I
- 9 shy
provide
provide
provide
provide
for Life Insurance
for Major Medical
for Semi-private
for Dental coverage
In addition it would appear that the towns of Port Elgin andI
Kincardine added this type of benefit in their 1990 negotiationsI
I
There is no doubt that the number of forces receiving this benefit hasI
significantly increased since the issue was first examined by Mr
I Dempster at Brantford in 1985 with major medical coverage and semi-
I private coverage now being enjoyed by a significant majority of forces
Accordingly it is my award that the Board shall pay 100 of the
premium cost for retirees until age 65 for both major medical and semi-
I
I
private hospital coverageI
I
~ New Article - Manaaement RightsI
The Association in proposing a Management Rights clause argued that
I
it is a fundamental part of the majority of collective agreements in
I the Province That may be the case However I am inclined to agree
with the Employer that there has been no demonstrated need for such a
clause since the Police Act affords uniformed officers the same sorts
I
I
of protections that would normally be provided by a Management RightsI
clause I am not prepared to award the Associations proposal at thisI
time
10I
I
I
- 10 shy
Article 2301 - Salaries
The Association presented a proposal for a substantial wage increase
based upon salary comparisons with other police forces Three tables
were submitted
I
I Table 1 indicated Of 29 forces representing communities with
I
populations of between 5000 and 10000 Goderich police were 418
I
below the average based upon 1989 salaries
I
I Table 2 indicated of police forces with a strength of between 10 and
I fifteen officers Goderich was 325 below the average based upon 1989
I salaries
I
I Table 3 indicated A ten year analysis of First Class Constable rates
I between Goderich Kincardine and Port Elgin showed that Goderich and
Port Elgin were relatively equal in 1989 with Kincardine beingI
approximately 28 ahead of GoderichI
I
The Association submitted that since parity with Port Elgin had almostI
been achieved in 1989 it would require an increase of 986 in 1990 to
achieve parity at this time since Port Elgin settled for 5 on January
I
I
1 1990 and 425 on JUly 1 1990I
I
11 I
I
I
I
- 11 shy
The Employers proposal would increase all salaries by five percent
(55) effective January 1 1990
While there is a difference in the amount above as presented in the
Employers brief the verbal offer made at the hearing was five and one
half percent (55) to all levels
I
I A review submitted by the Employer showing the rates of pay in 25 other
forces in the Province where the population is between 5000 and 9000
and uniform strength is between 6 and 19 showed that the average
I
I
salary for this group was $39830 (in 1989) Goderich was apparentlyI
third from the bottom of this listI
I
It was further stated that there was nothing in the list to indicate
I
that this positioning was not appropriate
I
I Exhibit 9 (Employers Submission) indicated that the average increase
in the group of twenty-five comparison forces was 581I
I
If one were to add the recent settlement at Port Elgin as reported byI
the Association then this average would become 613I
I The Associations table 1 indicated that of communities with a
I population of between 5000 and 10000 there was an average salary
I increase of 646 for 1990 (14 forces out of 29 reported)
12I
I
I
I
I
I - 12 shy
I
I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
I
I have some major concerns with this approach Why for instance did
I
Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
I
The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
I
exclusively However I believe that this relationship should not be
I significantly eroded
I
In summary my award on salaries is as followsI
I
An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
I
effective July 1 1990
I
I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
13 I
I
I
- 13 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
14
I
I
I
I
I
I
I
I
I
- 14 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
15
I
I
I
I
I
- 15 shy
during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
16
I
I
I
I
I
I
I
I
I
- 16 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
17
I
I
I
I
I
I
I
I - 17 shyI
The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
18I
I
I
I
I
I - 18 shy
I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
I
I
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
I
I
I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
- 10 shy
Article 2301 - Salaries
The Association presented a proposal for a substantial wage increase
based upon salary comparisons with other police forces Three tables
were submitted
I
I Table 1 indicated Of 29 forces representing communities with
I
populations of between 5000 and 10000 Goderich police were 418
I
below the average based upon 1989 salaries
I
I Table 2 indicated of police forces with a strength of between 10 and
I fifteen officers Goderich was 325 below the average based upon 1989
I salaries
I
I Table 3 indicated A ten year analysis of First Class Constable rates
I between Goderich Kincardine and Port Elgin showed that Goderich and
Port Elgin were relatively equal in 1989 with Kincardine beingI
approximately 28 ahead of GoderichI
I
The Association submitted that since parity with Port Elgin had almostI
been achieved in 1989 it would require an increase of 986 in 1990 to
achieve parity at this time since Port Elgin settled for 5 on January
I
I
1 1990 and 425 on JUly 1 1990I
I
11 I
I
I
I
- 11 shy
The Employers proposal would increase all salaries by five percent
(55) effective January 1 1990
While there is a difference in the amount above as presented in the
Employers brief the verbal offer made at the hearing was five and one
half percent (55) to all levels
I
I A review submitted by the Employer showing the rates of pay in 25 other
forces in the Province where the population is between 5000 and 9000
and uniform strength is between 6 and 19 showed that the average
I
I
salary for this group was $39830 (in 1989) Goderich was apparentlyI
third from the bottom of this listI
I
It was further stated that there was nothing in the list to indicate
I
that this positioning was not appropriate
I
I Exhibit 9 (Employers Submission) indicated that the average increase
in the group of twenty-five comparison forces was 581I
I
If one were to add the recent settlement at Port Elgin as reported byI
the Association then this average would become 613I
I The Associations table 1 indicated that of communities with a
I population of between 5000 and 10000 there was an average salary
I increase of 646 for 1990 (14 forces out of 29 reported)
12I
I
I
I
I
I - 12 shy
I
I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
I
I have some major concerns with this approach Why for instance did
I
Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
I
The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
I
exclusively However I believe that this relationship should not be
I significantly eroded
I
In summary my award on salaries is as followsI
I
An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
I
effective July 1 1990
I
I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
13 I
I
I
- 13 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
14
I
I
I
I
I
I
I
I
I
- 14 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
15
I
I
I
I
I
- 15 shy
during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
16
I
I
I
I
I
I
I
I
I
- 16 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
17
I
I
I
I
I
I
I
I - 17 shyI
The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
18I
I
I
I
I
I - 18 shy
I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
I
I
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
I
I
I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
- 11 shy
The Employers proposal would increase all salaries by five percent
(55) effective January 1 1990
While there is a difference in the amount above as presented in the
Employers brief the verbal offer made at the hearing was five and one
half percent (55) to all levels
I
I A review submitted by the Employer showing the rates of pay in 25 other
forces in the Province where the population is between 5000 and 9000
and uniform strength is between 6 and 19 showed that the average
I
I
salary for this group was $39830 (in 1989) Goderich was apparentlyI
third from the bottom of this listI
I
It was further stated that there was nothing in the list to indicate
I
that this positioning was not appropriate
I
I Exhibit 9 (Employers Submission) indicated that the average increase
in the group of twenty-five comparison forces was 581I
I
If one were to add the recent settlement at Port Elgin as reported byI
the Association then this average would become 613I
I The Associations table 1 indicated that of communities with a
I population of between 5000 and 10000 there was an average salary
I increase of 646 for 1990 (14 forces out of 29 reported)
12I
I
I
I
I
I - 12 shy
I
I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
I
I have some major concerns with this approach Why for instance did
I
Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
I
The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
I
exclusively However I believe that this relationship should not be
I significantly eroded
I
In summary my award on salaries is as followsI
I
An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
I
effective July 1 1990
I
I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
13 I
I
I
- 13 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
14
I
I
I
I
I
I
I
I
I
- 14 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
15
I
I
I
I
I
- 15 shy
during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
16
I
I
I
I
I
I
I
I
I
- 16 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
17
I
I
I
I
I
I
I
I - 17 shyI
The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
18I
I
I
I
I
I - 18 shy
I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
I
I
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
I
I
I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
I
I - 12 shy
I
I can readily understand the position taken by the Association wherebyI
they feel that since they were almost at par with Port Elgin in 1989I
therefore they should maintain that position in 1990I
I
I have some major concerns with this approach Why for instance did
I
Port Elgin (which was $95100 behind Kincardine in 1989) receive a
I salary which is $12900 ahead of Kincardine in 1990 Assuming that
I this was justified for whatever reasons given I cannot accept it in
this case on a me too basisI
I
The average increase given to forces in communities with a populationI
of between 5000 and 10000 is perhaps a better criteria to use ratherI
than accept the Kincardine Port Elgin Goderich relationship
I
exclusively However I believe that this relationship should not be
I significantly eroded
I
In summary my award on salaries is as followsI
I
An increase to all salaries of five percent (5) effective January 1I
1990I
A further increase (compounded) to all salaries of three percent (3)
I
effective July 1 1990
I
I These amounts will admittedly increase the 1989 differential between
Goderich and Port Elgin by $51700I
13 I
I
I
- 13 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
14
I
I
I
I
I
I
I
I
I
- 14 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
15
I
I
I
I
I
- 15 shy
during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
16
I
I
I
I
I
I
I
I
I
- 16 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
17
I
I
I
I
I
I
I
I - 17 shyI
The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
18I
I
I
I
I
I - 18 shy
I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
I
I
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
I
I
I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
- 13 shy
I
I
I
I
I
I
I
I
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I
I
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I
I
It will also reduce the differential between Goderich and Kincardine by
$56300
The cost to the Corporation in 1990 will be 657 approximately the
average increase granted to police forces to date in 1990
Article 1501 - Sick Leave
At the present time a uniform member of the police department is
entitled to an attendance credit of one and one half days for each
month of regular attendance In the event that he terminates his
employment after one years service he is paid and amount equal to his
salary wages or other remuneration for one half of the number of days
standing to his credit to a maximum of one half years salary
The Employer proposes replacing this with a sick leave clause existing
in the civilian agreement article 13 as follows
1301 All full time members shall be granted one halfday a month for a total of six (6) days per annumnon-accumulative and in the event that a memberdoes not use any portion of this sick credit duringthe current year three days shall be added to theirannual vacation during the following year
1302 All full time members under the agreement having noless than three (3) months non-accumulated serviceshall be entitled to weekly indemnity benefitscommencing on the fourth day of sick leave Premiumpayable 100 by the Board Members to receive fullcompany to be turned over to the pay with any benefitsreceived from the insurance company to be turned overto the corporation The first three days of sick leaveto be deducted from the members non-accumulated sickleave benefits
14
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- 14 shy
I
I
I
I
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I
The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
15
I
I
I
I
I
- 15 shy
during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
16
I
I
I
I
I
I
I
I
I
- 16 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
17
I
I
I
I
I
I
I
I - 17 shyI
The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
18I
I
I
I
I
I - 18 shy
I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
I
I
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
I
I
I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
I
I
I
I
I
I
- 14 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
The argument supporting this proposal indicated that the uniform
members participate fully in the Weekly Indemnity plan in which the
civilian employees participate They are also covered by a long term
disability plan and participate in an enhanced pension plan It was
argued that the Employer has tried to no avail on numerous occasions
to negotiate the cash out out of the agreement The Association did
not address this issue in its submission stating that this was the
first time that it had been proposed
This is one issue in which in principal I am in agreement with the
Employer
Where there is an eXisting weekly indemnity plan in addition to a long
term disability plan then I do not believe that an accumulative sick
leave plan with a pay-out upon termination of employment is necessary
If employees are to be rewarded at the end of their service it should
be by some other arrangement such as severance pay which is not based
upon their health status during their career
The proposal as suggested by the Employer gives the employees the
protection necessary in the event of an illness
My refusal to award this provision is based primarily upon two factors
one being a claim by the Association (which was not refuted by the
Employer) that this was the first time they had see~ the proposal
15
I
I
I
I
I
- 15 shy
during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
16
I
I
I
I
I
I
I
I
I
- 16 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
17
I
I
I
I
I
I
I
I - 17 shyI
The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
18I
I
I
I
I
I - 18 shy
I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
I
I
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
I
I
I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
- 15 shy
during this round of negotiations The second is that in my view the
Employer in order to be successful must be more specific when making
a proposal regarding the disposition of any sick leave accumulation
presently held by the employeesI
I
I would suggest that the parties meet and endeavour to resolve this
I matter prior to the next round of negotiations
I
Civilian ContractI
I
L Article 801 - Hours of WorkI
I
The Association is proposing that a twelve hour shift system be
I
implemented in order to replace the present eight hour system
I
I In support of this position the Association noted that the dispatchers
worked a twelve hour shift for a three month period This was due to aI
staff shortageI
I
The Employer while opposing this position acknowledged that to theI
credit of the employees involved they were able to overcome theI
difficulties involved with the staff shortage by working a twelve hour
I shift
I
While agreeing that twelve hour shifts can work in that situation the
16
I
I
I
I
I
I
I
I
I
- 16 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
17
I
I
I
I
I
I
I
I - 17 shyI
The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
18I
I
I
I
I
I - 18 shy
I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
I
I
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
I
I
I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
I
I
I
I
I
- 16 shy
I
I
I
I
I
I
I
I
I
I
I
I
I
Employer was not satisfied that the result of twelve hour shifts in a
full staffing situation improved efficiency without increased costs
I do not necessarily agree with the concerns expressed by the Employer
however I am not prepared to award the proposal as submitted by the
Association
The logic would seem to indicate that if a compressed work schedule is
feasible for the uniform members then it should also be feasible for
the civilian dispatchers However unlike the uniform proposals I do
not have the benefit of a strong recommendation from the Chief of
Police that such a schedule should be implemented
My recommendation on this issue is that the parties endeavour to
negotiate a trial period possibly to run concurrently with the uniform
agreement trial period This would give the Employer and the
Association sufficient time to ascertain whether or not improved
efficiency results without increased cost
Article 6 0 1 - Vacations
The Associations proposal was that the same vacation provisions that
are currently enjoyed by the uniform members should be also provided to
the civilian employees
17
I
I
I
I
I
I
I
I - 17 shyI
The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
18I
I
I
I
I
I - 18 shy
I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
I
I
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
I
I
I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
I
I - 17 shyI
The Employer in opposition stated that the civilian members have I
received the same level of benefits enjoyed by the other municipalI
employees since 1978I
I
In order to maintain this the Employer proposed the adjustment of
I
service requirements for twenty (20) working days from twelve (12)
I years to ten (10) years
I
An examination of some 86 forces in the province where civilianI
personnel are employed indicated that a large majority of these forcesI
provide vacation entitlements equal to those enjoyed by their uniformI
members In view of this it is my opinion that the proposal asI
submitted by the Association is a fair one and I so award
I
I ~ Article 8 (New) - p ald Lunch
I
I am not prepared to consider the Associations proposal for a paidI
lunch period at this time This issue perhaps would be betterI
addressed during any discussions on a compressed work weekI
I
L Article 1103 - Insurance Benefits (Vision Care)
I
I Consistent with my position on the uniform contract I am not prepared
I to award any changes to the current provisions
18I
I
I
I
I
I - 18 shy
I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
I
I
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
I
I
I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
I
I - 18 shy
I
Article 11 01 - Insurance Benefits5I
consistent with my position on the uniform contract I am not preparedI
to award any changes to the current provisionsI
I
6(New Article) - Severance Pay
I
The Associations proposal is as follows
I
2301 In the event of a lay-off for any reasonI including the disbanding of the communication
system each member shall receive a minimumof two months pay for each year of service toa maximum of 2 years salary at their currentrate of pay plus any other benefits in the
I
I collective working agreement In addition theirinsurance coverages shall be continued for six
I months from the termination of their employment
I An employee with less than 1 year service shallreceive a minimum of two months severance pay
I
The Employers position would provideI
Layoff protection as provided for in theI Employment Standards Act Part XII sec 40(1)
I
The concern expressed by the Association was that while police officersI
were assured at the very least an opportunity to be employed by theI
OPP in the event that the Ontario Provincial Police were contractedI
to take over the municipal policing duties this was not the case forI
the civilian employees
I
I I can readily understand the concerns of the civilian employees in this
regard However I believe that section 40 of Bill 107 which receivedI
19 I
I
I
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
I
I
I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
- 19 shyI
I
Royal Assent on June 28th 1990 will provide access to arbitrationI
should there be any termination of employment For this reason I am
I not prepared to award the Associations proposal
I
L (New Article) - Manaqement RightsI
consistent with my position on the uniform contract I am not prepared
I to award the article proposed by the Association
I
Article 2201 - Salariess
I
The Association in requesting a substantial pay increase for theI
civilian members argured in part that in the past the Goderich Police
I Association and the Commission had consistently agreed to the same
percentage increase to all employees (uniform and civilian) DuringI
the negotiation for the 1990 agreements the offer from the CommissionI
was the same to both groups
I
Conversely the Employer argued that the offer of five point five
percent (55) to the civilian dispatchers would provide them with a
I
I
rate of pay well in excess of the average rates for similarI
classifications in their comparison groups
I
The Association took the position that a 95 increase would properlyI
reflect the responsibilities of the position and noted that inI
Appendix I this salary level is not disproportionate to others in the
I
province
20I
I
I
I
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
- 20 shy
An examination of Appendix I indicates that thirty-one forces having
civilian employees have settled their 1990 contracts the average
salary for the classification of dispatcher being $2915500
When one excludes the major forces which have anywhere between 131 and
1993 civilian employees the average becomes 2668500
This examination unscientific as it is tends to indicate that the
Employers offer which would give the dispatchers a 1990 salary of
$2655300 is perhaps more realistic than the 95 increase proposed by
the Association
Undoubtedly the salary increases awarded to the civilian staff in the
past have been equal to those received by the uniform officers
However the examination of the rates indicated in the Associations
Appendix I does not seem to justify the continuation of this practice
for 1990
Having considered all of the factors submitted by the parties the
award on salaries is as follows
Effective January 1 1990 increase all salaries by five percent (5)
Effective July 1 1990 a further increase to all salaries of one pointfive percent (15) compounded
21
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
I - 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
I
I The cost to the Employer will be approximately 579 in 1990
I
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should theI
parties have any difficulty implementing the terms of this award
I
Dated at Mississauga this IflL day of 1990 ~I
I
I
I
VESjlw
I
I
I
I
I
I
I
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1
- 21 shy
This will produce an end rate increase of six point five seven percent(657) making the rate for a dispatcher level III $2682385 as ofJuly 1 1990
The cost to the Employer will be approximately 579 in 1990
I wish to thank the parties for the courtesy and assistance provided to
me during the hearing I will remain seized of this matter should the
parties have any difficulty implementing the terms of this award
Dated at Mississauga this f[1i day of ~ 1990
VESlw
I
1