~ ltii Ji)~)

--327) HEARING DATEOF AWARD TILBURY AUGUST25 1987

87-0] )

IN THE MATTER OF THE POLICE ACT

RSO 1980 CHAPTER 381

AND IN THE MATTER OF AN ARBITRATION

Between

THE BOARD OF COMMISSIONERS OF POLICEFOR THE TOWN OF TILBURY

(hereinafter called the Board)

and

THE TILBURY POLICE ASSOCIATION(hereinafter called the Association)

AND IN THE MATTER OF 1987 COLLECTIVE AGREEMENT

ARBITRATOR DR ARJUN P AGGARWAL

APPEARANCES

FOR THE BOARD

Mr WJ Milks ConsultantMr Paul Belanger ChairmanMr Robert Bourassa SecretaryMr Charles F Carrick Mayor

FOR THE ASSOCIATION

Mr John Chambers PresidentMr William Watkins MemberMr Robert Rose Member

The hearing in this matter was held on July 20th 1987 inTilbury Ontario

------

AWARD

The undersigned was appointed by the Solicitor-General

Honourable Ken Keyes on April 10 1987 pursuant to Section

32 of the Police Act RSO 1980 Chapter 381 to act as an

arbitrator to hear and determine all matters in dispute

between the parties relating to their 1987 Collective Agreement

negotiations The hearing in this matter was held in

Tilbury Ontario on July 20 1987 At the outset the

representatives of the parties agreed that the arbitrator had

been properly appointed and that the time limits prescribed

by the Act for the commencement of the arbitration hearing

had been complied with It was also agreed that the issues

before this arbitrator are for the Collective Agreement for

the year 1987 ie from 1st of January to 31st of December

1987

INTRODUCTION

Tilbury is a growing town located in Southwestern Ontario

on the Kent-Essex County border It is located approximately

10 kilometers south of Lake St Clair 50 kilometers east of

Windsor and Detroit 25 kilometers north of Lake Erie and 25

kilometers west of Chatham

Highway 2 runs east and west through Tilbury while

highway 401 has exitentrances at both the east and west

i

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I I I I I I I I I I I I I I I I I I I

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outskirts of Tilbury also two main railroads have lines

running through Tilbury

Tilbury has a population of approximately 4200 people

The major employers in Tilbury include Rockwell International

Duo-Matic Olsen Woodbridge Foam Olsenite Centoco Manufacshy

turing Ltd Fleetwood Metal Industries Feldman Windows

Hunt-Wesson Foods of Canada Ltd Bendix (Fram) Corporation

Allegretti Manufacturing Cyanamid Farm Supply and St Clair

Grain as well Pearson Bus Lines will be moving into their

new building in Tilbury upon completion sometime in early fall

Tilbury is quite fortunate that it enjoys an unemployment

rate in the area of only one percent slightly higher for

students

It is because of the strong industrial base that Tilbury

also has an enviable tax base in net of the total 1987 taxes

receivable $277470600 residential amounts for 48 while

52 is industrial commercial or business

The Town of Tilbury Police Force is comprised of 8 uniform

officers and one civilian personnel as follows

Uniform Officers Civilian Personnel

1 Chief of Police 1 Civilian Secretary

1 Staff Sergeant

1 Sergeant

5 Constables

The last Collective Agreement between the parties was for

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two years and that Agreement expired on December 31 1986

The parties entered into negotiations for the 1987 Collective

Agreement on February 16 1987 but unfortunately broke off

just after two meetings on March 24 1987 The failure of

the parties to negotiate their Collective Agreement this year

is regrettable It is not for this arbitrator to hold either

the Board or the Association responsible for the failure of

the negotiations However it is obvious that earnest collecshy

tive bargaining did not take place in this case The parties

merely gave lip service to the requirements of bargaining In

my opinion both parties perhaps share the responsibility and

they will be well advised to re-examine their entire collective

bargaining process and procedures

At the hearings before the arbitrator each of the parties

submitted extensive written briefs which were supported by

exhibits and charts The parties were then afforded full

opportunity to make presentations in support of their respective

positions

THE ISSUES IN DISPUTE

At the time of the appointment of the arbitrator there

were eleven matters in dispute arising out of the Associations

requests However at the hearing the Association withdrew

five of its requests The parties agreed that the following

matters remained unresolved between the parties and were before

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the arbitrator for his determination

ASSOCIATIONS REQUESTS

1 Salaries Artic le 2

2 Shif t Premium Article 2

3 Call-in Pay Article 3

4 Court Time Article 4

5 Vacations Article 5

6 Medical Services Article 8

Hospital Care amp Prepaid Prescriptions

BOARDS REQUEST

7 Legal Expenses Article 10

ISSUE NUMBER ONE

Salaries - Article 2

The salaries for the members of the Tilbury Police Force

for the year 1986 were as follows

Staff Sergeant $3768070

Sergeant 3573589

Firpt Class Constable 3403418

Second Class Constable 3257557

Third Class Constable 3111696

Fourth Class Constable 2868595

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Clerk Supervisor $1944810I

Clerk Stenographer Class 1 1701709I

Clerk Stenographer Class 2 1458608I

The Association has requested an across the board salaryI

increase which would bring the First Class Constable salaryI

in line with that of other area Forces The First ClassI

Constable salary in the similar size police forces in Tri-I

County Area were as follows

I

POLICE FORCES - SIMILAR SIZE (3-12)

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ZONE - TRI-COUNTY AREA

1st Class ConstableFORCE STRENGTH 1986 1987

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AMHERSTBURG 12 $3673400 $3858600

I ANDERDON TWP 4 3660400 3884000

I DRESDEN 3 3059900 3197600

ESSEX 9 3588900 3800000

KINGSVILLE 7 3510500 3760000

I

I

MERSEA TWP 5 3481800I

PETROLIA 7 3390000I

POINT EDWARD 5 3407900I

ST CLAIR BCH 3 3574356 3800000

I COLCHESTER S 11 3673500 3877600

I

I The 1986 average salary of the First Class Constable in

the above forces was $3504476 whereas the salary of theI

I

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I

------

AWARD

The undersigned was appointed by the Solicitor-General

Honourable Ken Keyes on April 10 1987 pursuant to Section

32 of the Police Act RSO 1980 Chapter 381 to act as an

arbitrator to hear and determine all matters in dispute

between the parties relating to their 1987 Collective Agreement

negotiations The hearing in this matter was held in

Tilbury Ontario on July 20 1987 At the outset the

representatives of the parties agreed that the arbitrator had

been properly appointed and that the time limits prescribed

by the Act for the commencement of the arbitration hearing

had been complied with It was also agreed that the issues

before this arbitrator are for the Collective Agreement for

the year 1987 ie from 1st of January to 31st of December

1987

INTRODUCTION

Tilbury is a growing town located in Southwestern Ontario

on the Kent-Essex County border It is located approximately

10 kilometers south of Lake St Clair 50 kilometers east of

Windsor and Detroit 25 kilometers north of Lake Erie and 25

kilometers west of Chatham

Highway 2 runs east and west through Tilbury while

highway 401 has exitentrances at both the east and west

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I I I I I I I I I I I I I I I I I I I

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outskirts of Tilbury also two main railroads have lines

running through Tilbury

Tilbury has a population of approximately 4200 people

The major employers in Tilbury include Rockwell International

Duo-Matic Olsen Woodbridge Foam Olsenite Centoco Manufacshy

turing Ltd Fleetwood Metal Industries Feldman Windows

Hunt-Wesson Foods of Canada Ltd Bendix (Fram) Corporation

Allegretti Manufacturing Cyanamid Farm Supply and St Clair

Grain as well Pearson Bus Lines will be moving into their

new building in Tilbury upon completion sometime in early fall

Tilbury is quite fortunate that it enjoys an unemployment

rate in the area of only one percent slightly higher for

students

It is because of the strong industrial base that Tilbury

also has an enviable tax base in net of the total 1987 taxes

receivable $277470600 residential amounts for 48 while

52 is industrial commercial or business

The Town of Tilbury Police Force is comprised of 8 uniform

officers and one civilian personnel as follows

Uniform Officers Civilian Personnel

1 Chief of Police 1 Civilian Secretary

1 Staff Sergeant

1 Sergeant

5 Constables

The last Collective Agreement between the parties was for

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two years and that Agreement expired on December 31 1986

The parties entered into negotiations for the 1987 Collective

Agreement on February 16 1987 but unfortunately broke off

just after two meetings on March 24 1987 The failure of

the parties to negotiate their Collective Agreement this year

is regrettable It is not for this arbitrator to hold either

the Board or the Association responsible for the failure of

the negotiations However it is obvious that earnest collecshy

tive bargaining did not take place in this case The parties

merely gave lip service to the requirements of bargaining In

my opinion both parties perhaps share the responsibility and

they will be well advised to re-examine their entire collective

bargaining process and procedures

At the hearings before the arbitrator each of the parties

submitted extensive written briefs which were supported by

exhibits and charts The parties were then afforded full

opportunity to make presentations in support of their respective

positions

THE ISSUES IN DISPUTE

At the time of the appointment of the arbitrator there

were eleven matters in dispute arising out of the Associations

requests However at the hearing the Association withdrew

five of its requests The parties agreed that the following

matters remained unresolved between the parties and were before

-5shy

the arbitrator for his determination

ASSOCIATIONS REQUESTS

1 Salaries Artic le 2

2 Shif t Premium Article 2

3 Call-in Pay Article 3

4 Court Time Article 4

5 Vacations Article 5

6 Medical Services Article 8

Hospital Care amp Prepaid Prescriptions

BOARDS REQUEST

7 Legal Expenses Article 10

ISSUE NUMBER ONE

Salaries - Article 2

The salaries for the members of the Tilbury Police Force

for the year 1986 were as follows

Staff Sergeant $3768070

Sergeant 3573589

Firpt Class Constable 3403418

Second Class Constable 3257557

Third Class Constable 3111696

Fourth Class Constable 2868595

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I ~ I

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I -6shy

I

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Clerk Supervisor $1944810I

Clerk Stenographer Class 1 1701709I

Clerk Stenographer Class 2 1458608I

The Association has requested an across the board salaryI

increase which would bring the First Class Constable salaryI

in line with that of other area Forces The First ClassI

Constable salary in the similar size police forces in Tri-I

County Area were as follows

I

POLICE FORCES - SIMILAR SIZE (3-12)

I

ZONE - TRI-COUNTY AREA

1st Class ConstableFORCE STRENGTH 1986 1987

I

I

AMHERSTBURG 12 $3673400 $3858600

I ANDERDON TWP 4 3660400 3884000

I DRESDEN 3 3059900 3197600

ESSEX 9 3588900 3800000

KINGSVILLE 7 3510500 3760000

I

I

MERSEA TWP 5 3481800I

PETROLIA 7 3390000I

POINT EDWARD 5 3407900I

ST CLAIR BCH 3 3574356 3800000

I COLCHESTER S 11 3673500 3877600

I

I The 1986 average salary of the First Class Constable in

the above forces was $3504476 whereas the salary of theI

I

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I

I

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I I I I I I I I I I I I I I I I I I I

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outskirts of Tilbury also two main railroads have lines

running through Tilbury

Tilbury has a population of approximately 4200 people

The major employers in Tilbury include Rockwell International

Duo-Matic Olsen Woodbridge Foam Olsenite Centoco Manufacshy

turing Ltd Fleetwood Metal Industries Feldman Windows

Hunt-Wesson Foods of Canada Ltd Bendix (Fram) Corporation

Allegretti Manufacturing Cyanamid Farm Supply and St Clair

Grain as well Pearson Bus Lines will be moving into their

new building in Tilbury upon completion sometime in early fall

Tilbury is quite fortunate that it enjoys an unemployment

rate in the area of only one percent slightly higher for

students

It is because of the strong industrial base that Tilbury

also has an enviable tax base in net of the total 1987 taxes

receivable $277470600 residential amounts for 48 while

52 is industrial commercial or business

The Town of Tilbury Police Force is comprised of 8 uniform

officers and one civilian personnel as follows

Uniform Officers Civilian Personnel

1 Chief of Police 1 Civilian Secretary

1 Staff Sergeant

1 Sergeant

5 Constables

The last Collective Agreement between the parties was for

I

IIIIIIII

II

-4shy

two years and that Agreement expired on December 31 1986

The parties entered into negotiations for the 1987 Collective

Agreement on February 16 1987 but unfortunately broke off

just after two meetings on March 24 1987 The failure of

the parties to negotiate their Collective Agreement this year

is regrettable It is not for this arbitrator to hold either

the Board or the Association responsible for the failure of

the negotiations However it is obvious that earnest collecshy

tive bargaining did not take place in this case The parties

merely gave lip service to the requirements of bargaining In

my opinion both parties perhaps share the responsibility and

they will be well advised to re-examine their entire collective

bargaining process and procedures

At the hearings before the arbitrator each of the parties

submitted extensive written briefs which were supported by

exhibits and charts The parties were then afforded full

opportunity to make presentations in support of their respective

positions

THE ISSUES IN DISPUTE

At the time of the appointment of the arbitrator there

were eleven matters in dispute arising out of the Associations

requests However at the hearing the Association withdrew

five of its requests The parties agreed that the following

matters remained unresolved between the parties and were before

-5shy

the arbitrator for his determination

ASSOCIATIONS REQUESTS

1 Salaries Artic le 2

2 Shif t Premium Article 2

3 Call-in Pay Article 3

4 Court Time Article 4

5 Vacations Article 5

6 Medical Services Article 8

Hospital Care amp Prepaid Prescriptions

BOARDS REQUEST

7 Legal Expenses Article 10

ISSUE NUMBER ONE

Salaries - Article 2

The salaries for the members of the Tilbury Police Force

for the year 1986 were as follows

Staff Sergeant $3768070

Sergeant 3573589

Firpt Class Constable 3403418

Second Class Constable 3257557

Third Class Constable 3111696

Fourth Class Constable 2868595

I

I

I

I

I

I

I

I ~ I

I

I

I -6shy

I

I

Clerk Supervisor $1944810I

Clerk Stenographer Class 1 1701709I

Clerk Stenographer Class 2 1458608I

The Association has requested an across the board salaryI

increase which would bring the First Class Constable salaryI

in line with that of other area Forces The First ClassI

Constable salary in the similar size police forces in Tri-I

County Area were as follows

I

POLICE FORCES - SIMILAR SIZE (3-12)

I

ZONE - TRI-COUNTY AREA

1st Class ConstableFORCE STRENGTH 1986 1987

I

I

AMHERSTBURG 12 $3673400 $3858600

I ANDERDON TWP 4 3660400 3884000

I DRESDEN 3 3059900 3197600

ESSEX 9 3588900 3800000

KINGSVILLE 7 3510500 3760000

I

I

MERSEA TWP 5 3481800I

PETROLIA 7 3390000I

POINT EDWARD 5 3407900I

ST CLAIR BCH 3 3574356 3800000

I COLCHESTER S 11 3673500 3877600

I

I The 1986 average salary of the First Class Constable in

the above forces was $3504476 whereas the salary of theI

I

I

I

I

I

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IIIIIIII

II

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two years and that Agreement expired on December 31 1986

The parties entered into negotiations for the 1987 Collective

Agreement on February 16 1987 but unfortunately broke off

just after two meetings on March 24 1987 The failure of

the parties to negotiate their Collective Agreement this year

is regrettable It is not for this arbitrator to hold either

the Board or the Association responsible for the failure of

the negotiations However it is obvious that earnest collecshy

tive bargaining did not take place in this case The parties

merely gave lip service to the requirements of bargaining In

my opinion both parties perhaps share the responsibility and

they will be well advised to re-examine their entire collective

bargaining process and procedures

At the hearings before the arbitrator each of the parties

submitted extensive written briefs which were supported by

exhibits and charts The parties were then afforded full

opportunity to make presentations in support of their respective

positions

THE ISSUES IN DISPUTE

At the time of the appointment of the arbitrator there

were eleven matters in dispute arising out of the Associations

requests However at the hearing the Association withdrew

five of its requests The parties agreed that the following

matters remained unresolved between the parties and were before

-5shy

the arbitrator for his determination

ASSOCIATIONS REQUESTS

1 Salaries Artic le 2

2 Shif t Premium Article 2

3 Call-in Pay Article 3

4 Court Time Article 4

5 Vacations Article 5

6 Medical Services Article 8

Hospital Care amp Prepaid Prescriptions

BOARDS REQUEST

7 Legal Expenses Article 10

ISSUE NUMBER ONE

Salaries - Article 2

The salaries for the members of the Tilbury Police Force

for the year 1986 were as follows

Staff Sergeant $3768070

Sergeant 3573589

Firpt Class Constable 3403418

Second Class Constable 3257557

Third Class Constable 3111696

Fourth Class Constable 2868595

I

I

I

I

I

I

I

I ~ I

I

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I -6shy

I

I

Clerk Supervisor $1944810I

Clerk Stenographer Class 1 1701709I

Clerk Stenographer Class 2 1458608I

The Association has requested an across the board salaryI

increase which would bring the First Class Constable salaryI

in line with that of other area Forces The First ClassI

Constable salary in the similar size police forces in Tri-I

County Area were as follows

I

POLICE FORCES - SIMILAR SIZE (3-12)

I

ZONE - TRI-COUNTY AREA

1st Class ConstableFORCE STRENGTH 1986 1987

I

I

AMHERSTBURG 12 $3673400 $3858600

I ANDERDON TWP 4 3660400 3884000

I DRESDEN 3 3059900 3197600

ESSEX 9 3588900 3800000

KINGSVILLE 7 3510500 3760000

I

I

MERSEA TWP 5 3481800I

PETROLIA 7 3390000I

POINT EDWARD 5 3407900I

ST CLAIR BCH 3 3574356 3800000

I COLCHESTER S 11 3673500 3877600

I

I The 1986 average salary of the First Class Constable in

the above forces was $3504476 whereas the salary of theI

I

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I

I

I

-5shy

the arbitrator for his determination

ASSOCIATIONS REQUESTS

1 Salaries Artic le 2

2 Shif t Premium Article 2

3 Call-in Pay Article 3

4 Court Time Article 4

5 Vacations Article 5

6 Medical Services Article 8

Hospital Care amp Prepaid Prescriptions

BOARDS REQUEST

7 Legal Expenses Article 10

ISSUE NUMBER ONE

Salaries - Article 2

The salaries for the members of the Tilbury Police Force

for the year 1986 were as follows

Staff Sergeant $3768070

Sergeant 3573589

Firpt Class Constable 3403418

Second Class Constable 3257557

Third Class Constable 3111696

Fourth Class Constable 2868595

I

I

I

I

I

I

I

I ~ I

I

I

I -6shy

I

I

Clerk Supervisor $1944810I

Clerk Stenographer Class 1 1701709I

Clerk Stenographer Class 2 1458608I

The Association has requested an across the board salaryI

increase which would bring the First Class Constable salaryI

in line with that of other area Forces The First ClassI

Constable salary in the similar size police forces in Tri-I

County Area were as follows

I

POLICE FORCES - SIMILAR SIZE (3-12)

I

ZONE - TRI-COUNTY AREA

1st Class ConstableFORCE STRENGTH 1986 1987

I

I

AMHERSTBURG 12 $3673400 $3858600

I ANDERDON TWP 4 3660400 3884000

I DRESDEN 3 3059900 3197600

ESSEX 9 3588900 3800000

KINGSVILLE 7 3510500 3760000

I

I

MERSEA TWP 5 3481800I

PETROLIA 7 3390000I

POINT EDWARD 5 3407900I

ST CLAIR BCH 3 3574356 3800000

I COLCHESTER S 11 3673500 3877600

I

I The 1986 average salary of the First Class Constable in

the above forces was $3504476 whereas the salary of theI

I

I

I

I

I

I -6shy

I

I

Clerk Supervisor $1944810I

Clerk Stenographer Class 1 1701709I

Clerk Stenographer Class 2 1458608I

The Association has requested an across the board salaryI

increase which would bring the First Class Constable salaryI

in line with that of other area Forces The First ClassI

Constable salary in the similar size police forces in Tri-I

County Area were as follows

I

POLICE FORCES - SIMILAR SIZE (3-12)

I

ZONE - TRI-COUNTY AREA

1st Class ConstableFORCE STRENGTH 1986 1987

I

I

AMHERSTBURG 12 $3673400 $3858600

I ANDERDON TWP 4 3660400 3884000

I DRESDEN 3 3059900 3197600

ESSEX 9 3588900 3800000

KINGSVILLE 7 3510500 3760000

I

I

MERSEA TWP 5 3481800I

PETROLIA 7 3390000I

POINT EDWARD 5 3407900I

ST CLAIR BCH 3 3574356 3800000

I COLCHESTER S 11 3673500 3877600

I

I The 1986 average salary of the First Class Constable in

the above forces was $3504476 whereas the salary of theI

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First Class Constable in Tilbury Police Force was $3403418

It means that the salary of the First Class Constable in

Tilbury was 3 less than the salary for similar size forces

in the Tri-County Area

The Association has argued that the Tilbury police

officers require a catch up salary increase of from 30 to

39 to bring them to a 1986 level relative to comparative

forces Thus the Tilbury police officers will require in

1987 a salary increase from 70 to 100 to reach a salary

level relative to comparative police forces

The Association has contended that the matter of salaries

was of grave concern to its members and they strongly felt

that the salaries of Tilbury police officers must be brought

into line with the area police forces The Association

points out that with this in mind it has withdrawn a number

of monetary requests which were of considerable concern to

its members

Further the Association has proposed the following

I salary increase alternativesI

I SALARY INCREASE ALTERNATIVESI

I

I ALTERNATIVE 1I

I 5 increase effective January 1st 1987 $3573570I A further 5 increase effective July 1st 1987 3752248I

Actual dollar increase for year 259490I

1987 annualized salary 3662909I

Annualized percentage increase for 1987 76I

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ALTERNATIVE 2

5 increase effective January 1st 1987 $3573570A further 4 increase effectiveJuly 1st 1987 3716519Actual dollar increase for year 2416231987 annualized salary 3645041Annualized percentage increase for 1987 7

ALTERNATIVE 3

5 increase effective January 1st 1987 $3573570A further 35 increase effective July 1st 1987 3698645Actual dollar increase for the year 2327181987 annualized salary 3636118Annualized percentage increase for 1987 68

ALTERNATIVE 4

4 increase effective January 1st 1987 $3539555A further 4 increase effective July 1st 1987 3681137Actual dollar increase for the year 2069291987 annuali z ed sa lary 3610347

Annualized percentage increase for 1987 608

The Board on the other hand has offered a 4 salary

increase across the board The Board has argued that a 4

increase to the 1986 salary for the First Class Constable

$3403418 produces a salary of $3539554 The Board has

justified its offer of 4 salary increase on the ground of

rate of inflation and price index for 1986-87 as well as

public and private wage settlements in Southwestern Ontario

In Belleville Award 1986 dealing with the issue of wage

parity I had stated

It should be recognized that an absolutewage parity even among comparable policeforces is difficult if not impossible

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to achieve However if the wage gap between comparable forces is not gradually narrowed it may grow to a disproportionate limit Moreover an abnormal wage disparity among comparable forces in the long run may affect the forces morale and productivity aswell as employer-employee relations

The Association has suggested that I should use police to

police salary comparison whereas the Board has emphasized

that I should follow the Community Standard in which the

members of the force live and work

In my opinion an arbitrator while awarding wage increases

along with the other factors should give serious consideration

to the wages paid by comparable police forces in other similar

size communities in the region However it may not be

possible or desirable for an arbitrator to make a strict

application of the criteria Rather they must be applied

with the end in view of providing a solution that will be

satisfactory enough to both sides to be workable No single

criteria is suitable for universal application in all

industries and under all circumstances Arbitrators generally

apply a combination of criteria the combination varying from

case to case It requires the balancing of a number of criteria

in an effort to achieve a result which falls somewhere within

an equitable range equitable in terms of those who must live

under the result and those who pay it

Thus having regard to the presentations of the parties

taking into account the relevant factors some of which I have

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mentioned above and for the foregoing reasons I award a

52 per cent across-the-board increase over the 1986 salaries

ISSUE NUMBER TWO

Shift Premium - Article 2

Article 2 in the existing Collective Agreement provides

the following shift premiums

22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight fifteencents ($015) per hour premium for eachshift hour worked but not to include anyovertime work

23 Night Shift Shift hours between the hoursof Midnight and 800 am twenty-five cents($025) per hour premium for each shift hourworked but not to include any overtime work

The Association has requested that shift premiums be

increased by 15 cents per hour and to reflect this change

Article 2 be amended as follows

22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight thirty cents

I

($030) per hour premium for each shift hourI worked but not to include any overtime workI

23 Night Shift Shift hours between the hours ofI Midnight and 800 am forty cents ($040)

per hour premium for each shift hour workedI

but not to include any overtime workI

I The Board on the other hand has offered an increase ofI

5 cents per hour in the shift premiums The Board has arguedI

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that its offer is reasonable It has pointed out that out of

18 comparable forces

6 make no provision

3 make flat sum payments

1 pays less

8 pay greater amounts

none pays 40~ per hour for Midnight to 800 am

The prevailing trend for Midnight to 800 am is

30~ per hour

The Association has argued that an increase in Shift

Premiums is required to help compensate for the lower salary

paid to the Tilbury officers in comparison to surrounding forces

Further shift premium has been used for years as a bonus

to persons working shifts over those working straight hours

as a means of compensation to the shift worker It is a well

established fact that diurnal creatures (shift workers) are

affected negatively by their working hours Shift workers

authentically suffer more illnesses due to lower resistanceI

I ulcers and are easily fatigued due to erratic hours

The Association has further contended that though theI

Tilbury officers have enjoyed a shift premium payment in their

contract for many years there has not been an increase in theI

rate paid since 1981 at which time the rate was raised to its I

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present level However the power of the dollar has decreased

considerably since the 1981 change

POLICE FORCES - SIMILAR SIZE (3-12)

ZONE - TRI-COUNTY AREA

FORCE STRENGTH SHIFT PREMIUM 1986

Afternoons Nights

AMHERSTBURG

ANDERDON TWP

DRESDEN

ESSEX

KINGSVILLE

MERSEA TWP

PETROLIA

POINT EDWARD

ST CLAIR BEACH

COLCHESTER SOUTH

12

4

3

9

7

5

7

5

3

11

159

30

No provision

$36500jyear30

30

25

25

25

35

209

30

30

30

35

30

25

40

However the Board has finally indicated its willingness

to increase the afternoon shift premium by 10 cents ie from

15 cents to 25 cents

Having regard to the presentations of the parties I find

that the Boards offer to raise the premium for Afternoon

Shift to 25 cents and that of Night Shift to 30 cents is fair

and reasonable I therefore award that shift premium clauses

in Article 2 be amended accordingly

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ISSUE NUMBER THREE

Call-In Pay - Article 3

Article 35 in the existing Collective Agreement provides

35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours

The Association has requested that Article 35 be amended

to read as follows

35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours

In support of its request the Association has argued that

due to the type of job and certain types of incidents some

members of the force find themselves being called in for duty

at any hour of the day or night off shift or even day off

Article 36 of the contract states that All members of the

force shall be eligible to be called in for duty at the

discretion of the Chief at any time and if available shall

report for duty What this means is if a member can be

reached irregardless of where he is what he is doing or

what he has planned to do he must report for duty

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The Association feels that a member should be able to

anticipate and enjoy his scheduled days off without the worry

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of being called-in for duty However it also recognizes the

fact that sometimes there is no alternative and a member willI

be called-in on an off day In this instance they feel that

the member should be compensated to a greater degree than a

member who is called-in either prior to or following his

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The Board on the other hand has denied the AssociationsI

request The Board has argued that there was no justification

to allow an additional premium for being called-in on aI

scheduled day of rest The Board further contended that a

I survey of 18 comparable police forces does not merit higher

premium for call-in on a day of restI

A survey of 10 comparable police forces in Tri-County

Area indicates call-in premium as follows

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POLICE FORCES - SIMILAR SIZE (3-12)

ZONE - TRI-COUNTY AREA

FORCE STRENGTH CALL-IN TIME

Minimum Hours

Credit Rate

45 15AMHERSTBURG 12

3 1ANDERDON TWP 4

4 1DRESDEN 3

4 15ESSEX 9

4 1KINGSVILLE 7 I

3 15MERSEA TWP 5

3 15PETROLIA 7

3 15POINT EDWARD 5

1 153ST CLAIR BEACH

4 15COLCHESTER SOUTH 11

Having reviewed the information and data supplied by

the parties in this regard I find that the call-in pay for

the Tilbury Force if not better than the comparable police

forces it is not behind either Therefore I deny this

request

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ISSUE NUMBER FOURI

Court Time - Article 4I

I Article 43 in the existing Collective Agreement provides

I Reimbursement for court time other thanduring a scheduled tour of duty shall be

I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in

I Article 33 except when the member of theForce is on vacation in which instance the

I member shall be paid at double his aforesaidhourly rate of pay

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The Association has requested that Article 43 be amendedI

to read as followsI

Reimbursement for court time other thanI

during a scheduled tour of duty but ona working day shall be at the overtime

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rate of payReimbursement for court attendance on a

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members rest day shall be at a rate ofdouble his hourly rate of pay except

I when a member is on vacation in whichinstance the member shall be paid at

I - double his hourly rate of pay plus heshall be credited with an extra vacation

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The Associations request is similar to its earlierI

request regarding Call-In Pay - additional payment for

court duty on a day of rest

The Association has argued that its members find that

they are scheduled for court on their rest or off days

regularly this is extra duty but required by the very nature

of the job itself The members have no say as to when a case

will be scheduled for court either as to day or time on that

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day Members find that they are scheduled for court attend

wait for hours only to find that either the case cannot be

dealt with due to overloaded calendars an unavailable lawyer

or witness or that suddenly the accused has decided to plead

guilty These are the typical occurrences and although they

may occur on a scheduled work day and the member still has to

report for duty often just seeing his family to say hello and

good-bye it is accepted as being part of the job However

when this same type of occurrence happens on one or both of

the two days a week that the members get off it seems unfair

It is for this reason that the Association feels that

members being required to attend court on their off or rest

days should be compensated at a greater rate of pay than the

member attending court on a regular scheduled work day

Often time a member will have selected his annual vacation

months in advance and suddenly be notified that he has court

during his scheduled leave This type of situation causes

hardship not only for the member but for his whole family

as well often resulting in cancellation of plans altogether

These court appearances do not necessarily occur on the first

or last day of the scheduled vacation but usually occur midshy

week resulting in at least an extra round trip if the member

is able to continue with his scheduled plans

The Board has denied the Associations request The Board

has pointed out that the rate of pay for Court Time does not

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differ between attendance during off duty shift or during a

day of rest

Even though one can appreciate the concern of the Assoshy

ciation in making this request it would appear that neither

the argument nor any other evidence presented has enough

persuasive force to indicate that such a request be granted

by this arbitrator I therefore deny this request

ISSUE NUMBER FIVE

Vacations - Article 5

Article 5 in the existing Co~lective Agreement provides

for vacation entitlement as follows

2 weeks after 1 year

3 weeks after 5 years

4 weeks after 10 years

5 weeks after 17 years

The Association has requested that in addition to the

existing vacation entitlement members should be granted 6

I weeks after 22 years plus one (1) additional week of paid

vacation if all vacation is taken prior to May 30 andor after

November

According to the Association it has requested an enlargeshy

ment in the vacation schedule for two main reasons -

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(i) to increase benefits to long service members of the Force

and thereby assure continued and faithful good service and

(ii) to assure that as members advance in years they are

granted additional vacation periods to ensure the

maintenance of good health physically and mentally

In relation to the request for the additional week if

vacation taken in the off-season the Association has pointed

out that Tilburys population seems to swell during the summer

months and thus tends to be a busier time for police ie

outdoor parties more people on the streets vacant homes

people on vacation break and enters etc As it is now

most officers choose a summer vacation this creates an

obvious shortage of manpower for the busier times

It is felt that if the officers had the requested

additional week as an incentive they may draw off-season

vacations thereby maintaining the needed strength for the

summer months Also the ability of the junior members to

lengthen their vacation may also be an incentive for offshy

season selection of vacations

In support of this contention the Association has

adduced the following survey

ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF

PERIOD FROM JUNE 15th - SEPTEMBER 15

The following working agreements contain a provision for

the above noted vacation bonus

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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15

BELLEVILLE $5000 per week to maximum of $10000

BRANTFORD $5000 extra

FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March

NORTH BAY One extra week

PERTH One extra week

PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30

RENFREW One extra week

STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15

TRENTON $5000 per week to maximum of $10000

WATERLOOREGIONAL $30000

WINGHAM One extra day for each week

YORKREGIONAL One extra week (member with 5 years or

more service)

The Board has denied this request The Board has argued

that when the Associations proposal is examined relative to

vacation entitlements in the 18 comparable forces it will

be noted that

2 grant 6 after 25

2 grant 6 after 20

1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice

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Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

to readI

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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

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VISION CARE

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I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

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The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

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BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

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The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

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1004

1005

1006

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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

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referred back to the parties to resolve by mutual agreementI

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on any of the requests presented to me or should any

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dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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mentioned above and for the foregoing reasons I award a

52 per cent across-the-board increase over the 1986 salaries

ISSUE NUMBER TWO

Shift Premium - Article 2

Article 2 in the existing Collective Agreement provides

the following shift premiums

22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight fifteencents ($015) per hour premium for eachshift hour worked but not to include anyovertime work

23 Night Shift Shift hours between the hoursof Midnight and 800 am twenty-five cents($025) per hour premium for each shift hourworked but not to include any overtime work

The Association has requested that shift premiums be

increased by 15 cents per hour and to reflect this change

Article 2 be amended as follows

22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight thirty cents

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($030) per hour premium for each shift hourI worked but not to include any overtime workI

23 Night Shift Shift hours between the hours ofI Midnight and 800 am forty cents ($040)

per hour premium for each shift hour workedI

but not to include any overtime workI

I The Board on the other hand has offered an increase ofI

5 cents per hour in the shift premiums The Board has arguedI

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that its offer is reasonable It has pointed out that out of

18 comparable forces

6 make no provision

3 make flat sum payments

1 pays less

8 pay greater amounts

none pays 40~ per hour for Midnight to 800 am

The prevailing trend for Midnight to 800 am is

30~ per hour

The Association has argued that an increase in Shift

Premiums is required to help compensate for the lower salary

paid to the Tilbury officers in comparison to surrounding forces

Further shift premium has been used for years as a bonus

to persons working shifts over those working straight hours

as a means of compensation to the shift worker It is a well

established fact that diurnal creatures (shift workers) are

affected negatively by their working hours Shift workers

authentically suffer more illnesses due to lower resistanceI

I ulcers and are easily fatigued due to erratic hours

The Association has further contended that though theI

Tilbury officers have enjoyed a shift premium payment in their

contract for many years there has not been an increase in theI

rate paid since 1981 at which time the rate was raised to its I

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present level However the power of the dollar has decreased

considerably since the 1981 change

POLICE FORCES - SIMILAR SIZE (3-12)

ZONE - TRI-COUNTY AREA

FORCE STRENGTH SHIFT PREMIUM 1986

Afternoons Nights

AMHERSTBURG

ANDERDON TWP

DRESDEN

ESSEX

KINGSVILLE

MERSEA TWP

PETROLIA

POINT EDWARD

ST CLAIR BEACH

COLCHESTER SOUTH

12

4

3

9

7

5

7

5

3

11

159

30

No provision

$36500jyear30

30

25

25

25

35

209

30

30

30

35

30

25

40

However the Board has finally indicated its willingness

to increase the afternoon shift premium by 10 cents ie from

15 cents to 25 cents

Having regard to the presentations of the parties I find

that the Boards offer to raise the premium for Afternoon

Shift to 25 cents and that of Night Shift to 30 cents is fair

and reasonable I therefore award that shift premium clauses

in Article 2 be amended accordingly

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ISSUE NUMBER THREE

Call-In Pay - Article 3

Article 35 in the existing Collective Agreement provides

35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours

The Association has requested that Article 35 be amended

to read as follows

35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours

In support of its request the Association has argued that

due to the type of job and certain types of incidents some

members of the force find themselves being called in for duty

at any hour of the day or night off shift or even day off

Article 36 of the contract states that All members of the

force shall be eligible to be called in for duty at the

discretion of the Chief at any time and if available shall

report for duty What this means is if a member can be

reached irregardless of where he is what he is doing or

what he has planned to do he must report for duty

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The Association feels that a member should be able to

anticipate and enjoy his scheduled days off without the worry

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of being called-in for duty However it also recognizes the

fact that sometimes there is no alternative and a member willI

be called-in on an off day In this instance they feel that

the member should be compensated to a greater degree than a

member who is called-in either prior to or following his

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I regular scheduled hours

The Board on the other hand has denied the AssociationsI

request The Board has argued that there was no justification

to allow an additional premium for being called-in on aI

scheduled day of rest The Board further contended that a

I survey of 18 comparable police forces does not merit higher

premium for call-in on a day of restI

A survey of 10 comparable police forces in Tri-County

Area indicates call-in premium as follows

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POLICE FORCES - SIMILAR SIZE (3-12)

ZONE - TRI-COUNTY AREA

FORCE STRENGTH CALL-IN TIME

Minimum Hours

Credit Rate

45 15AMHERSTBURG 12

3 1ANDERDON TWP 4

4 1DRESDEN 3

4 15ESSEX 9

4 1KINGSVILLE 7 I

3 15MERSEA TWP 5

3 15PETROLIA 7

3 15POINT EDWARD 5

1 153ST CLAIR BEACH

4 15COLCHESTER SOUTH 11

Having reviewed the information and data supplied by

the parties in this regard I find that the call-in pay for

the Tilbury Force if not better than the comparable police

forces it is not behind either Therefore I deny this

request

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ISSUE NUMBER FOURI

Court Time - Article 4I

I Article 43 in the existing Collective Agreement provides

I Reimbursement for court time other thanduring a scheduled tour of duty shall be

I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in

I Article 33 except when the member of theForce is on vacation in which instance the

I member shall be paid at double his aforesaidhourly rate of pay

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The Association has requested that Article 43 be amendedI

to read as followsI

Reimbursement for court time other thanI

during a scheduled tour of duty but ona working day shall be at the overtime

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rate of payReimbursement for court attendance on a

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members rest day shall be at a rate ofdouble his hourly rate of pay except

I when a member is on vacation in whichinstance the member shall be paid at

I - double his hourly rate of pay plus heshall be credited with an extra vacation

I day

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The Associations request is similar to its earlierI

request regarding Call-In Pay - additional payment for

court duty on a day of rest

The Association has argued that its members find that

they are scheduled for court on their rest or off days

regularly this is extra duty but required by the very nature

of the job itself The members have no say as to when a case

will be scheduled for court either as to day or time on that

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day Members find that they are scheduled for court attend

wait for hours only to find that either the case cannot be

dealt with due to overloaded calendars an unavailable lawyer

or witness or that suddenly the accused has decided to plead

guilty These are the typical occurrences and although they

may occur on a scheduled work day and the member still has to

report for duty often just seeing his family to say hello and

good-bye it is accepted as being part of the job However

when this same type of occurrence happens on one or both of

the two days a week that the members get off it seems unfair

It is for this reason that the Association feels that

members being required to attend court on their off or rest

days should be compensated at a greater rate of pay than the

member attending court on a regular scheduled work day

Often time a member will have selected his annual vacation

months in advance and suddenly be notified that he has court

during his scheduled leave This type of situation causes

hardship not only for the member but for his whole family

as well often resulting in cancellation of plans altogether

These court appearances do not necessarily occur on the first

or last day of the scheduled vacation but usually occur midshy

week resulting in at least an extra round trip if the member

is able to continue with his scheduled plans

The Board has denied the Associations request The Board

has pointed out that the rate of pay for Court Time does not

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differ between attendance during off duty shift or during a

day of rest

Even though one can appreciate the concern of the Assoshy

ciation in making this request it would appear that neither

the argument nor any other evidence presented has enough

persuasive force to indicate that such a request be granted

by this arbitrator I therefore deny this request

ISSUE NUMBER FIVE

Vacations - Article 5

Article 5 in the existing Co~lective Agreement provides

for vacation entitlement as follows

2 weeks after 1 year

3 weeks after 5 years

4 weeks after 10 years

5 weeks after 17 years

The Association has requested that in addition to the

existing vacation entitlement members should be granted 6

I weeks after 22 years plus one (1) additional week of paid

vacation if all vacation is taken prior to May 30 andor after

November

According to the Association it has requested an enlargeshy

ment in the vacation schedule for two main reasons -

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(i) to increase benefits to long service members of the Force

and thereby assure continued and faithful good service and

(ii) to assure that as members advance in years they are

granted additional vacation periods to ensure the

maintenance of good health physically and mentally

In relation to the request for the additional week if

vacation taken in the off-season the Association has pointed

out that Tilburys population seems to swell during the summer

months and thus tends to be a busier time for police ie

outdoor parties more people on the streets vacant homes

people on vacation break and enters etc As it is now

most officers choose a summer vacation this creates an

obvious shortage of manpower for the busier times

It is felt that if the officers had the requested

additional week as an incentive they may draw off-season

vacations thereby maintaining the needed strength for the

summer months Also the ability of the junior members to

lengthen their vacation may also be an incentive for offshy

season selection of vacations

In support of this contention the Association has

adduced the following survey

ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF

PERIOD FROM JUNE 15th - SEPTEMBER 15

The following working agreements contain a provision for

the above noted vacation bonus

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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15

BELLEVILLE $5000 per week to maximum of $10000

BRANTFORD $5000 extra

FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March

NORTH BAY One extra week

PERTH One extra week

PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30

RENFREW One extra week

STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15

TRENTON $5000 per week to maximum of $10000

WATERLOOREGIONAL $30000

WINGHAM One extra day for each week

YORKREGIONAL One extra week (member with 5 years or

more service)

The Board has denied this request The Board has argued

that when the Associations proposal is examined relative to

vacation entitlements in the 18 comparable forces it will

be noted that

2 grant 6 after 25

2 grant 6 after 20

1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice

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Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

to readI

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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

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VISION CARE

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I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

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The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

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BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

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The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

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on any of the requests presented to me or should any

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dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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that its offer is reasonable It has pointed out that out of

18 comparable forces

6 make no provision

3 make flat sum payments

1 pays less

8 pay greater amounts

none pays 40~ per hour for Midnight to 800 am

The prevailing trend for Midnight to 800 am is

30~ per hour

The Association has argued that an increase in Shift

Premiums is required to help compensate for the lower salary

paid to the Tilbury officers in comparison to surrounding forces

Further shift premium has been used for years as a bonus

to persons working shifts over those working straight hours

as a means of compensation to the shift worker It is a well

established fact that diurnal creatures (shift workers) are

affected negatively by their working hours Shift workers

authentically suffer more illnesses due to lower resistanceI

I ulcers and are easily fatigued due to erratic hours

The Association has further contended that though theI

Tilbury officers have enjoyed a shift premium payment in their

contract for many years there has not been an increase in theI

rate paid since 1981 at which time the rate was raised to its I

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present level However the power of the dollar has decreased

considerably since the 1981 change

POLICE FORCES - SIMILAR SIZE (3-12)

ZONE - TRI-COUNTY AREA

FORCE STRENGTH SHIFT PREMIUM 1986

Afternoons Nights

AMHERSTBURG

ANDERDON TWP

DRESDEN

ESSEX

KINGSVILLE

MERSEA TWP

PETROLIA

POINT EDWARD

ST CLAIR BEACH

COLCHESTER SOUTH

12

4

3

9

7

5

7

5

3

11

159

30

No provision

$36500jyear30

30

25

25

25

35

209

30

30

30

35

30

25

40

However the Board has finally indicated its willingness

to increase the afternoon shift premium by 10 cents ie from

15 cents to 25 cents

Having regard to the presentations of the parties I find

that the Boards offer to raise the premium for Afternoon

Shift to 25 cents and that of Night Shift to 30 cents is fair

and reasonable I therefore award that shift premium clauses

in Article 2 be amended accordingly

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ISSUE NUMBER THREE

Call-In Pay - Article 3

Article 35 in the existing Collective Agreement provides

35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours

The Association has requested that Article 35 be amended

to read as follows

35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours

In support of its request the Association has argued that

due to the type of job and certain types of incidents some

members of the force find themselves being called in for duty

at any hour of the day or night off shift or even day off

Article 36 of the contract states that All members of the

force shall be eligible to be called in for duty at the

discretion of the Chief at any time and if available shall

report for duty What this means is if a member can be

reached irregardless of where he is what he is doing or

what he has planned to do he must report for duty

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The Association feels that a member should be able to

anticipate and enjoy his scheduled days off without the worry

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of being called-in for duty However it also recognizes the

fact that sometimes there is no alternative and a member willI

be called-in on an off day In this instance they feel that

the member should be compensated to a greater degree than a

member who is called-in either prior to or following his

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The Board on the other hand has denied the AssociationsI

request The Board has argued that there was no justification

to allow an additional premium for being called-in on aI

scheduled day of rest The Board further contended that a

I survey of 18 comparable police forces does not merit higher

premium for call-in on a day of restI

A survey of 10 comparable police forces in Tri-County

Area indicates call-in premium as follows

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POLICE FORCES - SIMILAR SIZE (3-12)

ZONE - TRI-COUNTY AREA

FORCE STRENGTH CALL-IN TIME

Minimum Hours

Credit Rate

45 15AMHERSTBURG 12

3 1ANDERDON TWP 4

4 1DRESDEN 3

4 15ESSEX 9

4 1KINGSVILLE 7 I

3 15MERSEA TWP 5

3 15PETROLIA 7

3 15POINT EDWARD 5

1 153ST CLAIR BEACH

4 15COLCHESTER SOUTH 11

Having reviewed the information and data supplied by

the parties in this regard I find that the call-in pay for

the Tilbury Force if not better than the comparable police

forces it is not behind either Therefore I deny this

request

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ISSUE NUMBER FOURI

Court Time - Article 4I

I Article 43 in the existing Collective Agreement provides

I Reimbursement for court time other thanduring a scheduled tour of duty shall be

I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in

I Article 33 except when the member of theForce is on vacation in which instance the

I member shall be paid at double his aforesaidhourly rate of pay

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The Association has requested that Article 43 be amendedI

to read as followsI

Reimbursement for court time other thanI

during a scheduled tour of duty but ona working day shall be at the overtime

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rate of payReimbursement for court attendance on a

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members rest day shall be at a rate ofdouble his hourly rate of pay except

I when a member is on vacation in whichinstance the member shall be paid at

I - double his hourly rate of pay plus heshall be credited with an extra vacation

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The Associations request is similar to its earlierI

request regarding Call-In Pay - additional payment for

court duty on a day of rest

The Association has argued that its members find that

they are scheduled for court on their rest or off days

regularly this is extra duty but required by the very nature

of the job itself The members have no say as to when a case

will be scheduled for court either as to day or time on that

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day Members find that they are scheduled for court attend

wait for hours only to find that either the case cannot be

dealt with due to overloaded calendars an unavailable lawyer

or witness or that suddenly the accused has decided to plead

guilty These are the typical occurrences and although they

may occur on a scheduled work day and the member still has to

report for duty often just seeing his family to say hello and

good-bye it is accepted as being part of the job However

when this same type of occurrence happens on one or both of

the two days a week that the members get off it seems unfair

It is for this reason that the Association feels that

members being required to attend court on their off or rest

days should be compensated at a greater rate of pay than the

member attending court on a regular scheduled work day

Often time a member will have selected his annual vacation

months in advance and suddenly be notified that he has court

during his scheduled leave This type of situation causes

hardship not only for the member but for his whole family

as well often resulting in cancellation of plans altogether

These court appearances do not necessarily occur on the first

or last day of the scheduled vacation but usually occur midshy

week resulting in at least an extra round trip if the member

is able to continue with his scheduled plans

The Board has denied the Associations request The Board

has pointed out that the rate of pay for Court Time does not

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differ between attendance during off duty shift or during a

day of rest

Even though one can appreciate the concern of the Assoshy

ciation in making this request it would appear that neither

the argument nor any other evidence presented has enough

persuasive force to indicate that such a request be granted

by this arbitrator I therefore deny this request

ISSUE NUMBER FIVE

Vacations - Article 5

Article 5 in the existing Co~lective Agreement provides

for vacation entitlement as follows

2 weeks after 1 year

3 weeks after 5 years

4 weeks after 10 years

5 weeks after 17 years

The Association has requested that in addition to the

existing vacation entitlement members should be granted 6

I weeks after 22 years plus one (1) additional week of paid

vacation if all vacation is taken prior to May 30 andor after

November

According to the Association it has requested an enlargeshy

ment in the vacation schedule for two main reasons -

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(i) to increase benefits to long service members of the Force

and thereby assure continued and faithful good service and

(ii) to assure that as members advance in years they are

granted additional vacation periods to ensure the

maintenance of good health physically and mentally

In relation to the request for the additional week if

vacation taken in the off-season the Association has pointed

out that Tilburys population seems to swell during the summer

months and thus tends to be a busier time for police ie

outdoor parties more people on the streets vacant homes

people on vacation break and enters etc As it is now

most officers choose a summer vacation this creates an

obvious shortage of manpower for the busier times

It is felt that if the officers had the requested

additional week as an incentive they may draw off-season

vacations thereby maintaining the needed strength for the

summer months Also the ability of the junior members to

lengthen their vacation may also be an incentive for offshy

season selection of vacations

In support of this contention the Association has

adduced the following survey

ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF

PERIOD FROM JUNE 15th - SEPTEMBER 15

The following working agreements contain a provision for

the above noted vacation bonus

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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15

BELLEVILLE $5000 per week to maximum of $10000

BRANTFORD $5000 extra

FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March

NORTH BAY One extra week

PERTH One extra week

PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30

RENFREW One extra week

STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15

TRENTON $5000 per week to maximum of $10000

WATERLOOREGIONAL $30000

WINGHAM One extra day for each week

YORKREGIONAL One extra week (member with 5 years or

more service)

The Board has denied this request The Board has argued

that when the Associations proposal is examined relative to

vacation entitlements in the 18 comparable forces it will

be noted that

2 grant 6 after 25

2 grant 6 after 20

1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice

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Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

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VISION CARE

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I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

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The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

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BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

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The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

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1005

1006

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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

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on any of the requests presented to me or should any

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dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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present level However the power of the dollar has decreased

considerably since the 1981 change

POLICE FORCES - SIMILAR SIZE (3-12)

ZONE - TRI-COUNTY AREA

FORCE STRENGTH SHIFT PREMIUM 1986

Afternoons Nights

AMHERSTBURG

ANDERDON TWP

DRESDEN

ESSEX

KINGSVILLE

MERSEA TWP

PETROLIA

POINT EDWARD

ST CLAIR BEACH

COLCHESTER SOUTH

12

4

3

9

7

5

7

5

3

11

159

30

No provision

$36500jyear30

30

25

25

25

35

209

30

30

30

35

30

25

40

However the Board has finally indicated its willingness

to increase the afternoon shift premium by 10 cents ie from

15 cents to 25 cents

Having regard to the presentations of the parties I find

that the Boards offer to raise the premium for Afternoon

Shift to 25 cents and that of Night Shift to 30 cents is fair

and reasonable I therefore award that shift premium clauses

in Article 2 be amended accordingly

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ISSUE NUMBER THREE

Call-In Pay - Article 3

Article 35 in the existing Collective Agreement provides

35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours

The Association has requested that Article 35 be amended

to read as follows

35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours

In support of its request the Association has argued that

due to the type of job and certain types of incidents some

members of the force find themselves being called in for duty

at any hour of the day or night off shift or even day off

Article 36 of the contract states that All members of the

force shall be eligible to be called in for duty at the

discretion of the Chief at any time and if available shall

report for duty What this means is if a member can be

reached irregardless of where he is what he is doing or

what he has planned to do he must report for duty

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The Association feels that a member should be able to

anticipate and enjoy his scheduled days off without the worry

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of being called-in for duty However it also recognizes the

fact that sometimes there is no alternative and a member willI

be called-in on an off day In this instance they feel that

the member should be compensated to a greater degree than a

member who is called-in either prior to or following his

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I regular scheduled hours

The Board on the other hand has denied the AssociationsI

request The Board has argued that there was no justification

to allow an additional premium for being called-in on aI

scheduled day of rest The Board further contended that a

I survey of 18 comparable police forces does not merit higher

premium for call-in on a day of restI

A survey of 10 comparable police forces in Tri-County

Area indicates call-in premium as follows

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POLICE FORCES - SIMILAR SIZE (3-12)

ZONE - TRI-COUNTY AREA

FORCE STRENGTH CALL-IN TIME

Minimum Hours

Credit Rate

45 15AMHERSTBURG 12

3 1ANDERDON TWP 4

4 1DRESDEN 3

4 15ESSEX 9

4 1KINGSVILLE 7 I

3 15MERSEA TWP 5

3 15PETROLIA 7

3 15POINT EDWARD 5

1 153ST CLAIR BEACH

4 15COLCHESTER SOUTH 11

Having reviewed the information and data supplied by

the parties in this regard I find that the call-in pay for

the Tilbury Force if not better than the comparable police

forces it is not behind either Therefore I deny this

request

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ISSUE NUMBER FOURI

Court Time - Article 4I

I Article 43 in the existing Collective Agreement provides

I Reimbursement for court time other thanduring a scheduled tour of duty shall be

I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in

I Article 33 except when the member of theForce is on vacation in which instance the

I member shall be paid at double his aforesaidhourly rate of pay

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The Association has requested that Article 43 be amendedI

to read as followsI

Reimbursement for court time other thanI

during a scheduled tour of duty but ona working day shall be at the overtime

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rate of payReimbursement for court attendance on a

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members rest day shall be at a rate ofdouble his hourly rate of pay except

I when a member is on vacation in whichinstance the member shall be paid at

I - double his hourly rate of pay plus heshall be credited with an extra vacation

I day

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The Associations request is similar to its earlierI

request regarding Call-In Pay - additional payment for

court duty on a day of rest

The Association has argued that its members find that

they are scheduled for court on their rest or off days

regularly this is extra duty but required by the very nature

of the job itself The members have no say as to when a case

will be scheduled for court either as to day or time on that

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day Members find that they are scheduled for court attend

wait for hours only to find that either the case cannot be

dealt with due to overloaded calendars an unavailable lawyer

or witness or that suddenly the accused has decided to plead

guilty These are the typical occurrences and although they

may occur on a scheduled work day and the member still has to

report for duty often just seeing his family to say hello and

good-bye it is accepted as being part of the job However

when this same type of occurrence happens on one or both of

the two days a week that the members get off it seems unfair

It is for this reason that the Association feels that

members being required to attend court on their off or rest

days should be compensated at a greater rate of pay than the

member attending court on a regular scheduled work day

Often time a member will have selected his annual vacation

months in advance and suddenly be notified that he has court

during his scheduled leave This type of situation causes

hardship not only for the member but for his whole family

as well often resulting in cancellation of plans altogether

These court appearances do not necessarily occur on the first

or last day of the scheduled vacation but usually occur midshy

week resulting in at least an extra round trip if the member

is able to continue with his scheduled plans

The Board has denied the Associations request The Board

has pointed out that the rate of pay for Court Time does not

-18shy

differ between attendance during off duty shift or during a

day of rest

Even though one can appreciate the concern of the Assoshy

ciation in making this request it would appear that neither

the argument nor any other evidence presented has enough

persuasive force to indicate that such a request be granted

by this arbitrator I therefore deny this request

ISSUE NUMBER FIVE

Vacations - Article 5

Article 5 in the existing Co~lective Agreement provides

for vacation entitlement as follows

2 weeks after 1 year

3 weeks after 5 years

4 weeks after 10 years

5 weeks after 17 years

The Association has requested that in addition to the

existing vacation entitlement members should be granted 6

I weeks after 22 years plus one (1) additional week of paid

vacation if all vacation is taken prior to May 30 andor after

November

According to the Association it has requested an enlargeshy

ment in the vacation schedule for two main reasons -

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(i) to increase benefits to long service members of the Force

and thereby assure continued and faithful good service and

(ii) to assure that as members advance in years they are

granted additional vacation periods to ensure the

maintenance of good health physically and mentally

In relation to the request for the additional week if

vacation taken in the off-season the Association has pointed

out that Tilburys population seems to swell during the summer

months and thus tends to be a busier time for police ie

outdoor parties more people on the streets vacant homes

people on vacation break and enters etc As it is now

most officers choose a summer vacation this creates an

obvious shortage of manpower for the busier times

It is felt that if the officers had the requested

additional week as an incentive they may draw off-season

vacations thereby maintaining the needed strength for the

summer months Also the ability of the junior members to

lengthen their vacation may also be an incentive for offshy

season selection of vacations

In support of this contention the Association has

adduced the following survey

ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF

PERIOD FROM JUNE 15th - SEPTEMBER 15

The following working agreements contain a provision for

the above noted vacation bonus

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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15

BELLEVILLE $5000 per week to maximum of $10000

BRANTFORD $5000 extra

FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March

NORTH BAY One extra week

PERTH One extra week

PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30

RENFREW One extra week

STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15

TRENTON $5000 per week to maximum of $10000

WATERLOOREGIONAL $30000

WINGHAM One extra day for each week

YORKREGIONAL One extra week (member with 5 years or

more service)

The Board has denied this request The Board has argued

that when the Associations proposal is examined relative to

vacation entitlements in the 18 comparable forces it will

be noted that

2 grant 6 after 25

2 grant 6 after 20

1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice

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Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

to readI

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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

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VISION CARE

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I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

I

The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

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BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

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The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

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1005

1006

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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

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referred back to the parties to resolve by mutual agreementI

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on any of the requests presented to me or should any

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dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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ISSUE NUMBER THREE

Call-In Pay - Article 3

Article 35 in the existing Collective Agreement provides

35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours

The Association has requested that Article 35 be amended

to read as follows

35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours

In support of its request the Association has argued that

due to the type of job and certain types of incidents some

members of the force find themselves being called in for duty

at any hour of the day or night off shift or even day off

Article 36 of the contract states that All members of the

force shall be eligible to be called in for duty at the

discretion of the Chief at any time and if available shall

report for duty What this means is if a member can be

reached irregardless of where he is what he is doing or

what he has planned to do he must report for duty

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The Association feels that a member should be able to

anticipate and enjoy his scheduled days off without the worry

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of being called-in for duty However it also recognizes the

fact that sometimes there is no alternative and a member willI

be called-in on an off day In this instance they feel that

the member should be compensated to a greater degree than a

member who is called-in either prior to or following his

I

I regular scheduled hours

The Board on the other hand has denied the AssociationsI

request The Board has argued that there was no justification

to allow an additional premium for being called-in on aI

scheduled day of rest The Board further contended that a

I survey of 18 comparable police forces does not merit higher

premium for call-in on a day of restI

A survey of 10 comparable police forces in Tri-County

Area indicates call-in premium as follows

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POLICE FORCES - SIMILAR SIZE (3-12)

ZONE - TRI-COUNTY AREA

FORCE STRENGTH CALL-IN TIME

Minimum Hours

Credit Rate

45 15AMHERSTBURG 12

3 1ANDERDON TWP 4

4 1DRESDEN 3

4 15ESSEX 9

4 1KINGSVILLE 7 I

3 15MERSEA TWP 5

3 15PETROLIA 7

3 15POINT EDWARD 5

1 153ST CLAIR BEACH

4 15COLCHESTER SOUTH 11

Having reviewed the information and data supplied by

the parties in this regard I find that the call-in pay for

the Tilbury Force if not better than the comparable police

forces it is not behind either Therefore I deny this

request

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ISSUE NUMBER FOURI

Court Time - Article 4I

I Article 43 in the existing Collective Agreement provides

I Reimbursement for court time other thanduring a scheduled tour of duty shall be

I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in

I Article 33 except when the member of theForce is on vacation in which instance the

I member shall be paid at double his aforesaidhourly rate of pay

I

The Association has requested that Article 43 be amendedI

to read as followsI

Reimbursement for court time other thanI

during a scheduled tour of duty but ona working day shall be at the overtime

I

rate of payReimbursement for court attendance on a

I

members rest day shall be at a rate ofdouble his hourly rate of pay except

I when a member is on vacation in whichinstance the member shall be paid at

I - double his hourly rate of pay plus heshall be credited with an extra vacation

I day

I

The Associations request is similar to its earlierI

request regarding Call-In Pay - additional payment for

court duty on a day of rest

The Association has argued that its members find that

they are scheduled for court on their rest or off days

regularly this is extra duty but required by the very nature

of the job itself The members have no say as to when a case

will be scheduled for court either as to day or time on that

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day Members find that they are scheduled for court attend

wait for hours only to find that either the case cannot be

dealt with due to overloaded calendars an unavailable lawyer

or witness or that suddenly the accused has decided to plead

guilty These are the typical occurrences and although they

may occur on a scheduled work day and the member still has to

report for duty often just seeing his family to say hello and

good-bye it is accepted as being part of the job However

when this same type of occurrence happens on one or both of

the two days a week that the members get off it seems unfair

It is for this reason that the Association feels that

members being required to attend court on their off or rest

days should be compensated at a greater rate of pay than the

member attending court on a regular scheduled work day

Often time a member will have selected his annual vacation

months in advance and suddenly be notified that he has court

during his scheduled leave This type of situation causes

hardship not only for the member but for his whole family

as well often resulting in cancellation of plans altogether

These court appearances do not necessarily occur on the first

or last day of the scheduled vacation but usually occur midshy

week resulting in at least an extra round trip if the member

is able to continue with his scheduled plans

The Board has denied the Associations request The Board

has pointed out that the rate of pay for Court Time does not

-18shy

differ between attendance during off duty shift or during a

day of rest

Even though one can appreciate the concern of the Assoshy

ciation in making this request it would appear that neither

the argument nor any other evidence presented has enough

persuasive force to indicate that such a request be granted

by this arbitrator I therefore deny this request

ISSUE NUMBER FIVE

Vacations - Article 5

Article 5 in the existing Co~lective Agreement provides

for vacation entitlement as follows

2 weeks after 1 year

3 weeks after 5 years

4 weeks after 10 years

5 weeks after 17 years

The Association has requested that in addition to the

existing vacation entitlement members should be granted 6

I weeks after 22 years plus one (1) additional week of paid

vacation if all vacation is taken prior to May 30 andor after

November

According to the Association it has requested an enlargeshy

ment in the vacation schedule for two main reasons -

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(i) to increase benefits to long service members of the Force

and thereby assure continued and faithful good service and

(ii) to assure that as members advance in years they are

granted additional vacation periods to ensure the

maintenance of good health physically and mentally

In relation to the request for the additional week if

vacation taken in the off-season the Association has pointed

out that Tilburys population seems to swell during the summer

months and thus tends to be a busier time for police ie

outdoor parties more people on the streets vacant homes

people on vacation break and enters etc As it is now

most officers choose a summer vacation this creates an

obvious shortage of manpower for the busier times

It is felt that if the officers had the requested

additional week as an incentive they may draw off-season

vacations thereby maintaining the needed strength for the

summer months Also the ability of the junior members to

lengthen their vacation may also be an incentive for offshy

season selection of vacations

In support of this contention the Association has

adduced the following survey

ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF

PERIOD FROM JUNE 15th - SEPTEMBER 15

The following working agreements contain a provision for

the above noted vacation bonus

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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15

BELLEVILLE $5000 per week to maximum of $10000

BRANTFORD $5000 extra

FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March

NORTH BAY One extra week

PERTH One extra week

PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30

RENFREW One extra week

STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15

TRENTON $5000 per week to maximum of $10000

WATERLOOREGIONAL $30000

WINGHAM One extra day for each week

YORKREGIONAL One extra week (member with 5 years or

more service)

The Board has denied this request The Board has argued

that when the Associations proposal is examined relative to

vacation entitlements in the 18 comparable forces it will

be noted that

2 grant 6 after 25

2 grant 6 after 20

1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice

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Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

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VISION CARE

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I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

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The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

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BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

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The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

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on any of the requests presented to me or should any

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dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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The Association feels that a member should be able to

anticipate and enjoy his scheduled days off without the worry

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of being called-in for duty However it also recognizes the

fact that sometimes there is no alternative and a member willI

be called-in on an off day In this instance they feel that

the member should be compensated to a greater degree than a

member who is called-in either prior to or following his

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The Board on the other hand has denied the AssociationsI

request The Board has argued that there was no justification

to allow an additional premium for being called-in on aI

scheduled day of rest The Board further contended that a

I survey of 18 comparable police forces does not merit higher

premium for call-in on a day of restI

A survey of 10 comparable police forces in Tri-County

Area indicates call-in premium as follows

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POLICE FORCES - SIMILAR SIZE (3-12)

ZONE - TRI-COUNTY AREA

FORCE STRENGTH CALL-IN TIME

Minimum Hours

Credit Rate

45 15AMHERSTBURG 12

3 1ANDERDON TWP 4

4 1DRESDEN 3

4 15ESSEX 9

4 1KINGSVILLE 7 I

3 15MERSEA TWP 5

3 15PETROLIA 7

3 15POINT EDWARD 5

1 153ST CLAIR BEACH

4 15COLCHESTER SOUTH 11

Having reviewed the information and data supplied by

the parties in this regard I find that the call-in pay for

the Tilbury Force if not better than the comparable police

forces it is not behind either Therefore I deny this

request

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ISSUE NUMBER FOURI

Court Time - Article 4I

I Article 43 in the existing Collective Agreement provides

I Reimbursement for court time other thanduring a scheduled tour of duty shall be

I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in

I Article 33 except when the member of theForce is on vacation in which instance the

I member shall be paid at double his aforesaidhourly rate of pay

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The Association has requested that Article 43 be amendedI

to read as followsI

Reimbursement for court time other thanI

during a scheduled tour of duty but ona working day shall be at the overtime

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rate of payReimbursement for court attendance on a

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members rest day shall be at a rate ofdouble his hourly rate of pay except

I when a member is on vacation in whichinstance the member shall be paid at

I - double his hourly rate of pay plus heshall be credited with an extra vacation

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The Associations request is similar to its earlierI

request regarding Call-In Pay - additional payment for

court duty on a day of rest

The Association has argued that its members find that

they are scheduled for court on their rest or off days

regularly this is extra duty but required by the very nature

of the job itself The members have no say as to when a case

will be scheduled for court either as to day or time on that

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day Members find that they are scheduled for court attend

wait for hours only to find that either the case cannot be

dealt with due to overloaded calendars an unavailable lawyer

or witness or that suddenly the accused has decided to plead

guilty These are the typical occurrences and although they

may occur on a scheduled work day and the member still has to

report for duty often just seeing his family to say hello and

good-bye it is accepted as being part of the job However

when this same type of occurrence happens on one or both of

the two days a week that the members get off it seems unfair

It is for this reason that the Association feels that

members being required to attend court on their off or rest

days should be compensated at a greater rate of pay than the

member attending court on a regular scheduled work day

Often time a member will have selected his annual vacation

months in advance and suddenly be notified that he has court

during his scheduled leave This type of situation causes

hardship not only for the member but for his whole family

as well often resulting in cancellation of plans altogether

These court appearances do not necessarily occur on the first

or last day of the scheduled vacation but usually occur midshy

week resulting in at least an extra round trip if the member

is able to continue with his scheduled plans

The Board has denied the Associations request The Board

has pointed out that the rate of pay for Court Time does not

-18shy

differ between attendance during off duty shift or during a

day of rest

Even though one can appreciate the concern of the Assoshy

ciation in making this request it would appear that neither

the argument nor any other evidence presented has enough

persuasive force to indicate that such a request be granted

by this arbitrator I therefore deny this request

ISSUE NUMBER FIVE

Vacations - Article 5

Article 5 in the existing Co~lective Agreement provides

for vacation entitlement as follows

2 weeks after 1 year

3 weeks after 5 years

4 weeks after 10 years

5 weeks after 17 years

The Association has requested that in addition to the

existing vacation entitlement members should be granted 6

I weeks after 22 years plus one (1) additional week of paid

vacation if all vacation is taken prior to May 30 andor after

November

According to the Association it has requested an enlargeshy

ment in the vacation schedule for two main reasons -

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(i) to increase benefits to long service members of the Force

and thereby assure continued and faithful good service and

(ii) to assure that as members advance in years they are

granted additional vacation periods to ensure the

maintenance of good health physically and mentally

In relation to the request for the additional week if

vacation taken in the off-season the Association has pointed

out that Tilburys population seems to swell during the summer

months and thus tends to be a busier time for police ie

outdoor parties more people on the streets vacant homes

people on vacation break and enters etc As it is now

most officers choose a summer vacation this creates an

obvious shortage of manpower for the busier times

It is felt that if the officers had the requested

additional week as an incentive they may draw off-season

vacations thereby maintaining the needed strength for the

summer months Also the ability of the junior members to

lengthen their vacation may also be an incentive for offshy

season selection of vacations

In support of this contention the Association has

adduced the following survey

ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF

PERIOD FROM JUNE 15th - SEPTEMBER 15

The following working agreements contain a provision for

the above noted vacation bonus

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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15

BELLEVILLE $5000 per week to maximum of $10000

BRANTFORD $5000 extra

FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March

NORTH BAY One extra week

PERTH One extra week

PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30

RENFREW One extra week

STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15

TRENTON $5000 per week to maximum of $10000

WATERLOOREGIONAL $30000

WINGHAM One extra day for each week

YORKREGIONAL One extra week (member with 5 years or

more service)

The Board has denied this request The Board has argued

that when the Associations proposal is examined relative to

vacation entitlements in the 18 comparable forces it will

be noted that

2 grant 6 after 25

2 grant 6 after 20

1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice

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Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

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VISION CARE

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I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

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The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

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BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

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The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

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1004

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1006

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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

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If I have through inadvertance failed to make a specificI

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on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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-15shy

POLICE FORCES - SIMILAR SIZE (3-12)

ZONE - TRI-COUNTY AREA

FORCE STRENGTH CALL-IN TIME

Minimum Hours

Credit Rate

45 15AMHERSTBURG 12

3 1ANDERDON TWP 4

4 1DRESDEN 3

4 15ESSEX 9

4 1KINGSVILLE 7 I

3 15MERSEA TWP 5

3 15PETROLIA 7

3 15POINT EDWARD 5

1 153ST CLAIR BEACH

4 15COLCHESTER SOUTH 11

Having reviewed the information and data supplied by

the parties in this regard I find that the call-in pay for

the Tilbury Force if not better than the comparable police

forces it is not behind either Therefore I deny this

request

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ISSUE NUMBER FOURI

Court Time - Article 4I

I Article 43 in the existing Collective Agreement provides

I Reimbursement for court time other thanduring a scheduled tour of duty shall be

I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in

I Article 33 except when the member of theForce is on vacation in which instance the

I member shall be paid at double his aforesaidhourly rate of pay

I

The Association has requested that Article 43 be amendedI

to read as followsI

Reimbursement for court time other thanI

during a scheduled tour of duty but ona working day shall be at the overtime

I

rate of payReimbursement for court attendance on a

I

members rest day shall be at a rate ofdouble his hourly rate of pay except

I when a member is on vacation in whichinstance the member shall be paid at

I - double his hourly rate of pay plus heshall be credited with an extra vacation

I day

I

The Associations request is similar to its earlierI

request regarding Call-In Pay - additional payment for

court duty on a day of rest

The Association has argued that its members find that

they are scheduled for court on their rest or off days

regularly this is extra duty but required by the very nature

of the job itself The members have no say as to when a case

will be scheduled for court either as to day or time on that

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-17shy

day Members find that they are scheduled for court attend

wait for hours only to find that either the case cannot be

dealt with due to overloaded calendars an unavailable lawyer

or witness or that suddenly the accused has decided to plead

guilty These are the typical occurrences and although they

may occur on a scheduled work day and the member still has to

report for duty often just seeing his family to say hello and

good-bye it is accepted as being part of the job However

when this same type of occurrence happens on one or both of

the two days a week that the members get off it seems unfair

It is for this reason that the Association feels that

members being required to attend court on their off or rest

days should be compensated at a greater rate of pay than the

member attending court on a regular scheduled work day

Often time a member will have selected his annual vacation

months in advance and suddenly be notified that he has court

during his scheduled leave This type of situation causes

hardship not only for the member but for his whole family

as well often resulting in cancellation of plans altogether

These court appearances do not necessarily occur on the first

or last day of the scheduled vacation but usually occur midshy

week resulting in at least an extra round trip if the member

is able to continue with his scheduled plans

The Board has denied the Associations request The Board

has pointed out that the rate of pay for Court Time does not

-18shy

differ between attendance during off duty shift or during a

day of rest

Even though one can appreciate the concern of the Assoshy

ciation in making this request it would appear that neither

the argument nor any other evidence presented has enough

persuasive force to indicate that such a request be granted

by this arbitrator I therefore deny this request

ISSUE NUMBER FIVE

Vacations - Article 5

Article 5 in the existing Co~lective Agreement provides

for vacation entitlement as follows

2 weeks after 1 year

3 weeks after 5 years

4 weeks after 10 years

5 weeks after 17 years

The Association has requested that in addition to the

existing vacation entitlement members should be granted 6

I weeks after 22 years plus one (1) additional week of paid

vacation if all vacation is taken prior to May 30 andor after

November

According to the Association it has requested an enlargeshy

ment in the vacation schedule for two main reasons -

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(i) to increase benefits to long service members of the Force

and thereby assure continued and faithful good service and

(ii) to assure that as members advance in years they are

granted additional vacation periods to ensure the

maintenance of good health physically and mentally

In relation to the request for the additional week if

vacation taken in the off-season the Association has pointed

out that Tilburys population seems to swell during the summer

months and thus tends to be a busier time for police ie

outdoor parties more people on the streets vacant homes

people on vacation break and enters etc As it is now

most officers choose a summer vacation this creates an

obvious shortage of manpower for the busier times

It is felt that if the officers had the requested

additional week as an incentive they may draw off-season

vacations thereby maintaining the needed strength for the

summer months Also the ability of the junior members to

lengthen their vacation may also be an incentive for offshy

season selection of vacations

In support of this contention the Association has

adduced the following survey

ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF

PERIOD FROM JUNE 15th - SEPTEMBER 15

The following working agreements contain a provision for

the above noted vacation bonus

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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15

BELLEVILLE $5000 per week to maximum of $10000

BRANTFORD $5000 extra

FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March

NORTH BAY One extra week

PERTH One extra week

PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30

RENFREW One extra week

STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15

TRENTON $5000 per week to maximum of $10000

WATERLOOREGIONAL $30000

WINGHAM One extra day for each week

YORKREGIONAL One extra week (member with 5 years or

more service)

The Board has denied this request The Board has argued

that when the Associations proposal is examined relative to

vacation entitlements in the 18 comparable forces it will

be noted that

2 grant 6 after 25

2 grant 6 after 20

1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice

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-21shy

Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

to readI

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-22shy

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

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-23shy I

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VISION CARE

I

I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

I

The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

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-24shy

BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

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-25shy

The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

t

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1004

1005

1006

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-26shy

A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

I

findingI

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I

on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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-16shyI

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ISSUE NUMBER FOURI

Court Time - Article 4I

I Article 43 in the existing Collective Agreement provides

I Reimbursement for court time other thanduring a scheduled tour of duty shall be

I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in

I Article 33 except when the member of theForce is on vacation in which instance the

I member shall be paid at double his aforesaidhourly rate of pay

I

The Association has requested that Article 43 be amendedI

to read as followsI

Reimbursement for court time other thanI

during a scheduled tour of duty but ona working day shall be at the overtime

I

rate of payReimbursement for court attendance on a

I

members rest day shall be at a rate ofdouble his hourly rate of pay except

I when a member is on vacation in whichinstance the member shall be paid at

I - double his hourly rate of pay plus heshall be credited with an extra vacation

I day

I

The Associations request is similar to its earlierI

request regarding Call-In Pay - additional payment for

court duty on a day of rest

The Association has argued that its members find that

they are scheduled for court on their rest or off days

regularly this is extra duty but required by the very nature

of the job itself The members have no say as to when a case

will be scheduled for court either as to day or time on that

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-17shy

day Members find that they are scheduled for court attend

wait for hours only to find that either the case cannot be

dealt with due to overloaded calendars an unavailable lawyer

or witness or that suddenly the accused has decided to plead

guilty These are the typical occurrences and although they

may occur on a scheduled work day and the member still has to

report for duty often just seeing his family to say hello and

good-bye it is accepted as being part of the job However

when this same type of occurrence happens on one or both of

the two days a week that the members get off it seems unfair

It is for this reason that the Association feels that

members being required to attend court on their off or rest

days should be compensated at a greater rate of pay than the

member attending court on a regular scheduled work day

Often time a member will have selected his annual vacation

months in advance and suddenly be notified that he has court

during his scheduled leave This type of situation causes

hardship not only for the member but for his whole family

as well often resulting in cancellation of plans altogether

These court appearances do not necessarily occur on the first

or last day of the scheduled vacation but usually occur midshy

week resulting in at least an extra round trip if the member

is able to continue with his scheduled plans

The Board has denied the Associations request The Board

has pointed out that the rate of pay for Court Time does not

-18shy

differ between attendance during off duty shift or during a

day of rest

Even though one can appreciate the concern of the Assoshy

ciation in making this request it would appear that neither

the argument nor any other evidence presented has enough

persuasive force to indicate that such a request be granted

by this arbitrator I therefore deny this request

ISSUE NUMBER FIVE

Vacations - Article 5

Article 5 in the existing Co~lective Agreement provides

for vacation entitlement as follows

2 weeks after 1 year

3 weeks after 5 years

4 weeks after 10 years

5 weeks after 17 years

The Association has requested that in addition to the

existing vacation entitlement members should be granted 6

I weeks after 22 years plus one (1) additional week of paid

vacation if all vacation is taken prior to May 30 andor after

November

According to the Association it has requested an enlargeshy

ment in the vacation schedule for two main reasons -

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(i) to increase benefits to long service members of the Force

and thereby assure continued and faithful good service and

(ii) to assure that as members advance in years they are

granted additional vacation periods to ensure the

maintenance of good health physically and mentally

In relation to the request for the additional week if

vacation taken in the off-season the Association has pointed

out that Tilburys population seems to swell during the summer

months and thus tends to be a busier time for police ie

outdoor parties more people on the streets vacant homes

people on vacation break and enters etc As it is now

most officers choose a summer vacation this creates an

obvious shortage of manpower for the busier times

It is felt that if the officers had the requested

additional week as an incentive they may draw off-season

vacations thereby maintaining the needed strength for the

summer months Also the ability of the junior members to

lengthen their vacation may also be an incentive for offshy

season selection of vacations

In support of this contention the Association has

adduced the following survey

ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF

PERIOD FROM JUNE 15th - SEPTEMBER 15

The following working agreements contain a provision for

the above noted vacation bonus

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-20shy

ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15

BELLEVILLE $5000 per week to maximum of $10000

BRANTFORD $5000 extra

FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March

NORTH BAY One extra week

PERTH One extra week

PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30

RENFREW One extra week

STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15

TRENTON $5000 per week to maximum of $10000

WATERLOOREGIONAL $30000

WINGHAM One extra day for each week

YORKREGIONAL One extra week (member with 5 years or

more service)

The Board has denied this request The Board has argued

that when the Associations proposal is examined relative to

vacation entitlements in the 18 comparable forces it will

be noted that

2 grant 6 after 25

2 grant 6 after 20

1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice

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-21shy

Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

to readI

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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

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VISION CARE

I

I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

I

The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

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-24shy

BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

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The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

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1005

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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

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referred back to the parties to resolve by mutual agreementI

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If I have through inadvertance failed to make a specificI

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on any of the requests presented to me or should any

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dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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day Members find that they are scheduled for court attend

wait for hours only to find that either the case cannot be

dealt with due to overloaded calendars an unavailable lawyer

or witness or that suddenly the accused has decided to plead

guilty These are the typical occurrences and although they

may occur on a scheduled work day and the member still has to

report for duty often just seeing his family to say hello and

good-bye it is accepted as being part of the job However

when this same type of occurrence happens on one or both of

the two days a week that the members get off it seems unfair

It is for this reason that the Association feels that

members being required to attend court on their off or rest

days should be compensated at a greater rate of pay than the

member attending court on a regular scheduled work day

Often time a member will have selected his annual vacation

months in advance and suddenly be notified that he has court

during his scheduled leave This type of situation causes

hardship not only for the member but for his whole family

as well often resulting in cancellation of plans altogether

These court appearances do not necessarily occur on the first

or last day of the scheduled vacation but usually occur midshy

week resulting in at least an extra round trip if the member

is able to continue with his scheduled plans

The Board has denied the Associations request The Board

has pointed out that the rate of pay for Court Time does not

-18shy

differ between attendance during off duty shift or during a

day of rest

Even though one can appreciate the concern of the Assoshy

ciation in making this request it would appear that neither

the argument nor any other evidence presented has enough

persuasive force to indicate that such a request be granted

by this arbitrator I therefore deny this request

ISSUE NUMBER FIVE

Vacations - Article 5

Article 5 in the existing Co~lective Agreement provides

for vacation entitlement as follows

2 weeks after 1 year

3 weeks after 5 years

4 weeks after 10 years

5 weeks after 17 years

The Association has requested that in addition to the

existing vacation entitlement members should be granted 6

I weeks after 22 years plus one (1) additional week of paid

vacation if all vacation is taken prior to May 30 andor after

November

According to the Association it has requested an enlargeshy

ment in the vacation schedule for two main reasons -

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(i) to increase benefits to long service members of the Force

and thereby assure continued and faithful good service and

(ii) to assure that as members advance in years they are

granted additional vacation periods to ensure the

maintenance of good health physically and mentally

In relation to the request for the additional week if

vacation taken in the off-season the Association has pointed

out that Tilburys population seems to swell during the summer

months and thus tends to be a busier time for police ie

outdoor parties more people on the streets vacant homes

people on vacation break and enters etc As it is now

most officers choose a summer vacation this creates an

obvious shortage of manpower for the busier times

It is felt that if the officers had the requested

additional week as an incentive they may draw off-season

vacations thereby maintaining the needed strength for the

summer months Also the ability of the junior members to

lengthen their vacation may also be an incentive for offshy

season selection of vacations

In support of this contention the Association has

adduced the following survey

ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF

PERIOD FROM JUNE 15th - SEPTEMBER 15

The following working agreements contain a provision for

the above noted vacation bonus

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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15

BELLEVILLE $5000 per week to maximum of $10000

BRANTFORD $5000 extra

FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March

NORTH BAY One extra week

PERTH One extra week

PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30

RENFREW One extra week

STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15

TRENTON $5000 per week to maximum of $10000

WATERLOOREGIONAL $30000

WINGHAM One extra day for each week

YORKREGIONAL One extra week (member with 5 years or

more service)

The Board has denied this request The Board has argued

that when the Associations proposal is examined relative to

vacation entitlements in the 18 comparable forces it will

be noted that

2 grant 6 after 25

2 grant 6 after 20

1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice

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Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

to readI

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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

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VISION CARE

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I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

I

The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

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-24shy

BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

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The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

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findingI

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on any of the requests presented to me or should any

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dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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-18shy

differ between attendance during off duty shift or during a

day of rest

Even though one can appreciate the concern of the Assoshy

ciation in making this request it would appear that neither

the argument nor any other evidence presented has enough

persuasive force to indicate that such a request be granted

by this arbitrator I therefore deny this request

ISSUE NUMBER FIVE

Vacations - Article 5

Article 5 in the existing Co~lective Agreement provides

for vacation entitlement as follows

2 weeks after 1 year

3 weeks after 5 years

4 weeks after 10 years

5 weeks after 17 years

The Association has requested that in addition to the

existing vacation entitlement members should be granted 6

I weeks after 22 years plus one (1) additional week of paid

vacation if all vacation is taken prior to May 30 andor after

November

According to the Association it has requested an enlargeshy

ment in the vacation schedule for two main reasons -

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(i) to increase benefits to long service members of the Force

and thereby assure continued and faithful good service and

(ii) to assure that as members advance in years they are

granted additional vacation periods to ensure the

maintenance of good health physically and mentally

In relation to the request for the additional week if

vacation taken in the off-season the Association has pointed

out that Tilburys population seems to swell during the summer

months and thus tends to be a busier time for police ie

outdoor parties more people on the streets vacant homes

people on vacation break and enters etc As it is now

most officers choose a summer vacation this creates an

obvious shortage of manpower for the busier times

It is felt that if the officers had the requested

additional week as an incentive they may draw off-season

vacations thereby maintaining the needed strength for the

summer months Also the ability of the junior members to

lengthen their vacation may also be an incentive for offshy

season selection of vacations

In support of this contention the Association has

adduced the following survey

ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF

PERIOD FROM JUNE 15th - SEPTEMBER 15

The following working agreements contain a provision for

the above noted vacation bonus

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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15

BELLEVILLE $5000 per week to maximum of $10000

BRANTFORD $5000 extra

FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March

NORTH BAY One extra week

PERTH One extra week

PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30

RENFREW One extra week

STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15

TRENTON $5000 per week to maximum of $10000

WATERLOOREGIONAL $30000

WINGHAM One extra day for each week

YORKREGIONAL One extra week (member with 5 years or

more service)

The Board has denied this request The Board has argued

that when the Associations proposal is examined relative to

vacation entitlements in the 18 comparable forces it will

be noted that

2 grant 6 after 25

2 grant 6 after 20

1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice

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Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

to readI

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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

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VISION CARE

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I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

I

The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

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-24shy

BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

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The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

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1005

1006

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-26shy

A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

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1007

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1008I

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-27shy

(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

LI

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-28shy

1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

I

findingI

I

I

I

I

I

I

I

I

I

I

I

on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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-19shy

(i) to increase benefits to long service members of the Force

and thereby assure continued and faithful good service and

(ii) to assure that as members advance in years they are

granted additional vacation periods to ensure the

maintenance of good health physically and mentally

In relation to the request for the additional week if

vacation taken in the off-season the Association has pointed

out that Tilburys population seems to swell during the summer

months and thus tends to be a busier time for police ie

outdoor parties more people on the streets vacant homes

people on vacation break and enters etc As it is now

most officers choose a summer vacation this creates an

obvious shortage of manpower for the busier times

It is felt that if the officers had the requested

additional week as an incentive they may draw off-season

vacations thereby maintaining the needed strength for the

summer months Also the ability of the junior members to

lengthen their vacation may also be an incentive for offshy

season selection of vacations

In support of this contention the Association has

adduced the following survey

ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF

PERIOD FROM JUNE 15th - SEPTEMBER 15

The following working agreements contain a provision for

the above noted vacation bonus

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-20shy

ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15

BELLEVILLE $5000 per week to maximum of $10000

BRANTFORD $5000 extra

FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March

NORTH BAY One extra week

PERTH One extra week

PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30

RENFREW One extra week

STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15

TRENTON $5000 per week to maximum of $10000

WATERLOOREGIONAL $30000

WINGHAM One extra day for each week

YORKREGIONAL One extra week (member with 5 years or

more service)

The Board has denied this request The Board has argued

that when the Associations proposal is examined relative to

vacation entitlements in the 18 comparable forces it will

be noted that

2 grant 6 after 25

2 grant 6 after 20

1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice

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-21shy

Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

to readI

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-22shy

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

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-23shy I

I

VISION CARE

I

I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

I

The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

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-24shy

BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

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-25shy

The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

t

I

1004

1005

1006

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I

- ~-shy

-26shy

A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

I

I

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I

I

1007

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I

I

I

I

1008I

I I

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-27shy

(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

LI

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-28shy

1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

I

findingI

I

I

I

I

I

I

I

I

I

I

I

on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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-20shy

ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15

BELLEVILLE $5000 per week to maximum of $10000

BRANTFORD $5000 extra

FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March

NORTH BAY One extra week

PERTH One extra week

PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30

RENFREW One extra week

STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15

TRENTON $5000 per week to maximum of $10000

WATERLOOREGIONAL $30000

WINGHAM One extra day for each week

YORKREGIONAL One extra week (member with 5 years or

more service)

The Board has denied this request The Board has argued

that when the Associations proposal is examined relative to

vacation entitlements in the 18 comparable forces it will

be noted that

2 grant 6 after 25

2 grant 6 after 20

1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice

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I

I

I

I

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I

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I

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I

-21shy

Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

to readI

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

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I

-22shy

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

I

I

I

I

I

I

-23shy I

I

VISION CARE

I

I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

I

The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

I

I

I

I

I

I

I

I

I

I

I

I

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I

-24shy

BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

I

I

I

I

I L

-25shy

The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

t

I

1004

1005

1006

I

I

I

I

- ~-shy

-26shy

A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

I

I

I

I

I

1007

I

I

I

I

I

1008I

I I

I

I

LI

I

I

I

I

I

-27shy

(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

LI

I I

-28shy

1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

I

findingI

I

I

I

I

I

I

I

I

I

I

I

on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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I

I

I

I

I

I

I

I

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I

I

I

I

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I

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I

-21shy

Further none of the forces gives a bonus to its employees

for taking vacations between the months of May and November

The survey results indicate that the Tilbury Force is consistent

with the vast majority of comparable forces in the area The

Board suggests that the Associations proposal be denied in

all respects

Having regard to the presentations of the parties I do

not find any merit whatsoever in the Associations request

for an additional weeks vacation if all vacation is taken

prior to May 30 andor after November However a request for

6 weeks vacation for senior officers deserves sympathetic

consideration Therefore I award and direct that Article 5

be amended to provide 6 weeks vacation after 25 years of

service

ISSUE NUMBER SIX

Medical Services Hospital Care andPrepaid Prescriptions - Article 8

Article 81 of the existing Collective Agreement provides

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates

The Association has requested that Article 81 be amended

to readI

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

-22shy

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

I

I

I

I

I

I

-23shy I

I

VISION CARE

I

I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

I

The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

I

I

I

I

I

I

I

I

I

I

I

I

I

I

-24shy

BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

I

I

I

I

I L

-25shy

The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

t

I

1004

1005

1006

I

I

I

I

- ~-shy

-26shy

A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

I

I

I

I

I

1007

I

I

I

I

I

1008I

I I

I

I

LI

I

I

I

I

I

-27shy

(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

LI

I I

-28shy

1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

I

findingI

I

I

I

I

I

I

I

I

I

I

I

on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

I

I

L

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

-22shy

The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan

DENTAL PLAN

The Association has argued that the fee schedule paid by

the Dental Plan coverage should be raised to the most recent

schedule At the present time the plan is paying on the 1984

schedule of the Ontario Dental Association rates However

some dentists are now requiring payment on the 1986 and even

1987 schedule levels This puts an added financial burden

on the members by having to payout of pocket

The Board has argued that the dentists in Tilbury now

provide the services for which negotiated in accordance with

the 1984 schedule not only to the members of the Association

but also to other town employees updating the ODA schedule

on a current basis only results in increased cost to the Board

without any increased benefits to the members In the face

of these circumstances the Board suggests that the 1984 ODA

schedule remain as it is until the next round of bargaining

at which time the matter can receive attention by the parties

in context with other monetary matters

I

I

I

I

I

I

-23shy I

I

VISION CARE

I

I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

I

The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

I

I

I

I

I

I

I

I

I

I

I

I

I

I

-24shy

BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

I

I

I

I

I L

-25shy

The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

t

I

1004

1005

1006

I

I

I

I

- ~-shy

-26shy

A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

I

I

I

I

I

1007

I

I

I

I

I

1008I

I I

I

I

LI

I

I

I

I

I

-27shy

(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

LI

I I

-28shy

1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

I

findingI

I

I

I

I

I

I

I

I

I

I

I

on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

I

I

L

I

-23shy I

I

VISION CARE

I

I The Association has justified its request for Vision Care

on the ground that they have no coverage for eyeglasses The

I Association has argued that the majority of the officers work

in the evening or night under poor light conditions resulting

in eye strain Thus it would be in the employers best I

interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic

I type plan that would reimburse its members for at least a

portion of the cost of corrective lenses I

The Board has denied this request The Board has arguedI

I that the scope of the Vision Care Plan is unknown to the Board

I

The Board has suggested that dental plan and vision careI

proposals be left to the bargaining table in the interest ofI

all concerned

In view of the fact that the Board has indicated an honest

desire to resolve these matters by direct negotiations I

direct the parties to meet and settle both the issue of dental

plan and vision care by mutual negotiations I remain seized

I of the issue should they be unable to do so

I

I

I

I

I

I

I

I

I

I

I

I

I

I

-24shy

BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

I

I

I

I

I L

-25shy

The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

t

I

1004

1005

1006

I

I

I

I

- ~-shy

-26shy

A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

I

I

I

I

I

1007

I

I

I

I

I

1008I

I I

I

I

LI

I

I

I

I

I

-27shy

(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

LI

I I

-28shy

1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

I

findingI

I

I

I

I

I

I

I

I

I

I

I

on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

I

I

L

-24shy

BOARDS REQUEST

Legal Expenses - Article 10

Initially the Association has proposed certain changes to

the existing Legal Expenses provision in Article 10 of the

Collective Agreement However the Association at the outset

of the hearings withdrew its request to amend Article 10 shy

Legal Expenses

The Board at this point suggested that it wished to make

an amendment to Article 10 as the Boards proposal and requested

that this arbitrator should adjudicate on this matter

Article 10 in the existing Collective Agreement provides

as follows

The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted

The Board argued that since the Association has chosen

to open this matter of the wording of Article 10 - Legal

Expenses the Board also has a concern about its wording

I Since the same concern has appeared in other jurisdictions

and also since arbitral precedents have been established the

Board wishes to amend Article 10 relative to these precedents

I

I

I

I

I L

-25shy

The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

t

I

1004

1005

1006

I

I

I

I

- ~-shy

-26shy

A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

I

I

I

I

I

1007

I

I

I

I

I

1008I

I I

I

I

LI

I

I

I

I

I

-27shy

(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

LI

I I

-28shy

1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

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findingI

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I

I

I

I

I

I

I

I

I

I

on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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The Boards proposal reads as follows

ARTICLE

1001

1002

1003

BOARD PROPOSAL

10 LEGAL EXPENSES

Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member

Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury

Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer

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1004

1005

1006

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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

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1007

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1008I

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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

I

findingI

I

I

I

I

I

I

I

I

I

I

I

on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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1004

1005

1006

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-26shy

A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained

Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only

(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense

(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction

A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only

I

I

I

I

I

1007

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I

I

I

I

1008I

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LI

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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

I

findingI

I

I

I

I

I

I

I

I

I

I

I

on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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I

L

I

I

I

I

I

1007

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I

I

I

I

1008I

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I

I

LI

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I

I

I

-27shy

(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or

(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action

For greater certainty members shall notbe indemnified for legal costs arisingfrom

(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act

(2) The actions or omissions of membersacting in their capacity as privatecitizens

(3) Discipline charges under the PoliceAct and regulations thereunder

For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer

LI

I I

-28shy

1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

I

findingI

I

I

I

I

I

I

I

I

I

I

I

on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

I

I

L

-28shy

1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid

Having regards to the presentations of the parties and

keeping in mind that the Association has withdrawn its proposal

and that the parties did not have the opportunity to mutually

discuss the Boards counter proposal I am of the opinion

that the parties should try to resolve this matter by mutual

negotiations during the next period of bargaining Therefore

I deny this request

CONCLUSION

I believe that I have dealt with all the outstanding

issues placed before me Certain issues however have beenI

I

referred back to the parties to resolve by mutual agreementI

I

If I have through inadvertance failed to make a specificI

I

findingI

I

I

I

I

I

I

I

I

I

I

I

on any of the requests presented to me or should any

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

I

I

L

-29shy

dispute arise between the parties as to the implementation of

this award I retain the jurisdiction to make any such detershy

minations Either party may request me to reconvene these

proceedings by a written notice within sixty (60) days from

the date of this award

I wish to thank the representatives of the parties for

their able presentations for their courtesy and assistance

they have extended to me

Dated at Thunder Bay Ontario this 25th day of 1987

AUg)

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