+ All Categories
Home > Documents > '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This...

'10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This...

Date post: 16-Oct-2020
Category:
Upload: others
View: 0 times
Download: 0 times
Share this document with a friend
23
- -- - -- -- - '10 -0/9 .OPAC AWARD IN THE MATTER OF AN ARBITRATION PURSUANT TO THE PROVISIONS OF SECTION 32 OF THE POLICE ACT, R.S.O. 1980 C.381 BETWEEN: THE BOARD OF COMMISSIONERS OF POLICE FOR THE TOWN OF GODERICH -AND- THE GODERICH POLICE ASSOCIATION ARBITRATOR: v. E. Scott APPEARING FOR THE ASSOCIATION: Ken Brownlee - President Judy Mackechnie - civilian Representative Richard Houston - spokesman, (P.A.O. ) APPEARING FOR THE BOARD: Malcolm Winter - spokesman OF COMMISSIONERS: Larry McCabe - Clerk/Treasurer Eileen Palmer - Mayor Bruce Erskine - Commission Chairman Pat King - Chief of Police Nancy Nephew - Member A Hearing in this matter was held in Goderich on August 28, 1990. I I I I I I I I I I I I I
Transcript
Page 1: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

- - - - -- - - -

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

-ANDshy

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

I

I

I

I

I

I

I

I

I

I

I

I

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

I

The complement of the Goderich Police Force is as follows

I

I Uniform BranchChief of Police 1

I

sergeants 2constables 8

I

Civilian staffI Secretary to Chief of Police 1

chief Dispatcher 1I Dispatchers 3

Part-time Dispatcher 1I

I

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

I

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

I

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

I

settle all of their differences at that time

I

I 2 I

I

I

I

I

I

_n- -- ------

- 2 shyI

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

3 I

I

I

I

I

I - 3 shy

I

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

I

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

I

I

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

4 I

I

I

I

- 4 shy

I

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

I

I

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~

5I

I

I

I

----_u-m u - --shy

- 5 shy

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

I

6I

I

I

I

I

II

- 6 shy

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

I 7 I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

- 7 shy

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

8 I

I

I

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

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

Page 2: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

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

I

The complement of the Goderich Police Force is as follows

I

I Uniform BranchChief of Police 1

I

sergeants 2constables 8

I

Civilian staffI Secretary to Chief of Police 1

chief Dispatcher 1I Dispatchers 3

Part-time Dispatcher 1I

I

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

I

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

I

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

I

settle all of their differences at that time

I

I 2 I

I

I

I

I

I

_n- -- ------

- 2 shyI

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

3 I

I

I

I

I

I - 3 shy

I

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

I

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

I

I

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

4 I

I

I

I

- 4 shy

I

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

I

I

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~

5I

I

I

I

----_u-m u - --shy

- 5 shy

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

I

6I

I

I

I

I

II

- 6 shy

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

I 7 I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

- 7 shy

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

8 I

I

I

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

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

Page 3: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

I

_n- -- ------

- 2 shyI

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

3 I

I

I

I

I

I - 3 shy

I

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

I

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

I

I

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

4 I

I

I

I

- 4 shy

I

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

I

I

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~

5I

I

I

I

----_u-m u - --shy

- 5 shy

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

I

6I

I

I

I

I

II

- 6 shy

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

I 7 I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

- 7 shy

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

8 I

I

I

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

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

Page 4: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

I

I - 3 shy

I

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

I

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

I

I

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

4 I

I

I

I

- 4 shy

I

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

I

I

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~

5I

I

I

I

----_u-m u - --shy

- 5 shy

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

I

6I

I

I

I

I

II

- 6 shy

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

I 7 I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

- 7 shy

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

8 I

I

I

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

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

Page 5: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

I

- 4 shy

I

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

I

I

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~

5I

I

I

I

----_u-m u - --shy

- 5 shy

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

I

6I

I

I

I

I

II

- 6 shy

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

I 7 I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

- 7 shy

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

8 I

I

I

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

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

Page 6: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

----_u-m u - --shy

- 5 shy

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

I

6I

I

I

I

I

II

- 6 shy

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

I 7 I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

- 7 shy

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

8 I

I

I

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

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

Page 7: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

- 6 shy

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

I 7 I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

- 7 shy

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

8 I

I

I

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

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

Page 8: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

- 7 shy

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

8 I

I

I

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

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

Page 9: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

I

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

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

Page 10: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

---

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

Page 11: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

- 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

Page 12: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

- 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

Page 13: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

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

Page 14: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

- 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

Page 15: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

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

Page 16: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

- 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

Page 17: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

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

Page 18: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

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

Page 19: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

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

Page 20: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

- 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

Page 21: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

- 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

Page 22: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

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

Page 23: '10 -0/9 - Police Arbitrationpolicearbitration.on.ca/search/documents/awards/90-019.pdf · This award will cover the period from January I, I 1990 to December 31, 1990. I I Prior

- 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


Recommended