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--318) Hearing Date of Award KtNURA Aprll lU 1981
i
I g-eoB
IN THE MATTER OF AN INTEREST ARBITRATION PURSUANTTO THE P6LICE ACT OF ONTARIO RSO 1980 c 381 AS AMENDED
BETWEEN THE BOARDOF COMMISSIONERSOF POLICE FOR THE TOWNOF KENORA
(the Board)
AND THE KENORAPOLICE ASSOCIATION (the Association)
ARBITRATOR JOHN R DEMPSTER
APPEARANCES
For the Board
G Firman Counsel C Poirer Member
R Mosher Member J McMillin Secretary-TreasurerE Martin Accountant
For the Association
P Teskey Counsel B Ponton President B Simpson SecretaryB Neufeld C Marchand J Wiebe
A hearing in this matter was held in Kenora on February 26 1987
--shy
AWARD
This is an interest arbitration pursuant to Section 32(1) of
the Police Act On December 19 1986 I was appointed
arbitrator by the Honourable Ian Scott Acting Solicitor General
of Ontario to hear and determine all matters in dispute between
the parties concerning their 1986 collective agreements By
agreement of the parties a hearing in relation to this matter
was held in Kenora on February 26 1987 At the commencement of
the proceedings both parties agreed that the arbitrator was
properly appointed and had jurisdiction to determine all matters
outstanding between them The term of the agreements covered by
this award shall be from January 1st 1986 to and including
December 31st 1986
The Town of Kenora with a population of 9574 is located in
Northwestern Ontario The District of Kenora is a popular
recreational area and in the summer months the population doubles
due to vacat i oner s and tourists The Kenora Police Force has a
complement of 24 uniformed officers which includes the Chief and
Deputy Chief This force patrols a nine square mile area with 40
miles of roads There are also nine civilian employees who are
members of the force They bargain with the uniformed group and
are covered by a separate agreement This award deals with the
1986 collective agreements for both groups
I~ -2shy
On September 17 1985 the Association served notice to
the Board of its desire to bargain with a view to amending the
1985 agreements The parties held eight meetings A number of
issues were agreed upon in negotiations and are identified at
pp 21 and 22 of the Associations brief At the request of
both parties those terms previously agreed to are incorporated
into and form part of this award Due to the availability of
both counsel a hearing was not possible until February 261987
There are difficulties in dealing with the agreements at this
lat~ date Many benefit carriers will not provide service
retroactively for such a long period of time Life insurance is
a good example It may be of benefit to both parties in the
future to establish a timetable for their negotiations
I turn now to those matters regarding which evidence and
argument was presented to this arbitrator I sQall deal with
each item by referring to the numbered articles in the collective
agreements between the parties for the year 1985 filed as
Exhibit 8
- - shyn
( -3shy
1 Holidays Article 5
This article currently provides for 10 working days
vacation with pay after one year of service 15 days after three
years 20 days after 10 years 25 days after 18 years and 30 days
after 25 years The Association proposes 5 weeks vacation after
15 years and six weeks after 20 years In support of its request
the Association points out that eight forces in Northwestern
Ontario provide a five week vacation at a point earlier than
Kenora
The Board proposes no change in vacations Counsel
concedes that several forces in Zone 1 provide a more generous
five week vacation than that currently in effect for Kenora
However he is of the view that this must be balanced by the fact
that some of those forces do not provide for six weeks of
vacation With respect to the six week entitlement a review of
the data indicates that only one force in Zone provides for six1
weeks vacation after 20 years Two forces have no provision for
six weeks and three forces provide the same six weeks vacation
after 25 years as Kenora
In sum the arbitrator finds the Associations position
with respect to five weeks vacation after 15 years to be more
persuasive Accordingly article 5 shall be amended to reflect
-4shy(
five weeks vacation after 15 years effective December 31 1986
The six week vacation provision remains unchanged
2 Statutory Holidays -- Article 6
This article provides for 11 statutory holidays plus five
and a half days pay at the regular hourly rate The Association
proposes an additional holiday and to increase the present five
and a half days pay to 10 The Board is opposed to any change in
this benefit and points out that Kenora provides the second
highest number of total days of statutory holidays in Zone 1
According to data submitted by the Association 26 forces in
Ontario receive 12 statutory holidays while one force receives
13 In view of the evidence and on balance the arbitrator can
see no justification to alter the present provision
3 Clothing and Equipment -- Article 9(a)(i)
The current article provides for three pairs of boots
every two years The Association request is to replace a pair of
regular- boots with a pair of insulated winter boots comparable to
those used by Ontario Hydro Regular boots are $87 a pair while
the winter boots are estimated to be approximately $14250 It
-5shyshy
is the Corporations position that their present allowance is
equal or better than that of other forces Counsel for the Board
indicates that no other force in Zone 1 has this type of boot
su~plied On balance the existing boot allowance appears to be
in line with other police agreements therefore I decline to
award the request
4 Hours of Work -- Article 11
The Association proposes a clause to provide for proper
notification of a shift change under non-emergency situations and
specifically a minimum notice of 24 hours or pay at time and
one-half for the shift worked Mr Teskey counsel for the
Association noted the stressful aspects of shift work and how
that burden is made excessive by sudden non-emergency changes in
shifts He submits that officers have been told at the last
mi~ute that their shifts were changed to facilitate time off for
other members even though management was aware earlier that
coverage would be necessary
On the other hand Mr Firman for the Corporation
advocates no change on the basis that the majority of provisions
in the surveyed agreements do not provide for a requisite notice
period of any change in the scheduled hours of work failing which
-6shyr
a penalty or overtime payment is to be made On the evidence
submitted I find the position of the Commission to be more
persuasive and accordingly award no change
5 Article 12 -- Overtime
Article 12(b) presently provides for time and one-half
for all hours worked in excess of the regular eight hour hift
The existing article 12(e) provides for one officer to be
detailed for escort duty The Association proposes two changes
in this article First that all overtime be paid at double time
after the first four hours Secondly the Association proposes
that all escorts of mental or violent patientscriminal prisoners
are to be carried out by two fully trained and armed officers
Mr Firman for the Corporation suggests that both
proposals be rejected He points out that all the forces in Zone
1 with one exception provide for overtime at the rate of time
and one-half All of the 12 other forces surveyed pay time and
one-half for all overtime hours worked Counsel also points out
that none of the forces surveyed provide for two fully trained
and armed officers for escort duty The Board feels that the
decision to assign o~e or two officers on escort duty should be
left to the discretion of the officer in charge of the shift
f-shy -7shy
After considering the Associations requests and examining the
data submitted the arbitrator declines to make the amendments
requested
6 Salaries -- Article 13
The first class constables rate in Kenora for 1985 is
$32254 The Association is requesting parity with the Ontario
Provincial Police (OPp) This would require an increase of
14928 based on the salary of a first class constable The
Corporation has proposed a 5 salary increase to all members
It i s the Associations position that the Kenora Force
requires special consideration in respect of salaries because
they are behind other forces Counsel contends that Kenora is
unique and has special policing problems not found elsewhere He
submits that many area residents have alcohol related problems
Moreover the annual influx of vacationers and tourists add to
the fact that the police workload in Kenora is excessively high
when compared to other forces In support of their position the
Association submitted three salary surveys
The first survey considers eight forces including the
OPP in the same geographic area of Northwestern Ontario This
i
-8shyr-shy
information indicates that $34981 is the average 1986 salary for
those forces It is the Associations position that their
salaries are $2727 or 845 below the average of this group A
second salary analysis includes 17 forces in communities with a
population of 8000 to 15000 This data suggests that $34483
is the average 1986 salary According to the Associations
calculations their salaries are 691 below the average of this
group The third salary comparison reviews 105 forces It
indicates that the average police salary is $34110 and those
forces on average received a 584 salary increase According to
the information submitted there were 49 forces below the 1986
aver-age salary Those forces received an average salary of
$32088 and an average increase of 625 in 1986 It is Mr
Teskeys submission that Kenora Police salaries are behind the
provincial average
Mr Firman for the Corporation suggests that a 15 salary
increase is unreasonable It is his view that a salary
comparison between Kenora and other municipal forces is more
appropriate In support of the 5 increase counsel compared
salaries of those forces in Zone 1 Additionally the
Corporation submitted a salary review of 12 communities outside
of Zone 1 where the authorized strength of the force and the
population of the community most closely approximated that of
Kenora Salaries for a first class constable in 1986 range from
-9shy(--
$33317 in Hawkesbury to $36019 in Elliott Lake with an average
being $34407
Counsel for the Corporation suggests that community
standards are important when considering police salaries He
notes that Civic employees represented by CUPE negotiated a
3 salary increase for 1986 The Towns firefighters also
negotiated a 3 salary increase for the year
Mr Firman introduced the Consumer Price Index (CPI) for
Thunder Bay since no figure is published for Kenora The
percentage increase in the CPI for the period December 3-1 1985
to December 31 1986 is shown to be 276 In view of all these
facts the Commission feels that a 15 increase as proposed by
the Association is not realistic and their proposal of 5 is more
than reasonable
In any interest arbitration process the immediate
difficulty is to select comparable factors for review Police
salaries locally and elsewhere are relevant and are accorded
significant weight The public interest is also an important
consideration because they PBY the bill for police services An
arbitrator must consider the total compensation package The
current economic climate as well as local standards are
relative In sum the interests of both parties must be balanced
(- -10shy
so that a settlement is reasonable and fair for all concerned
The Associations request for a 15 salary increase for
one year must be rejected In my view Kenora Police salaries
should appropriately be compared with other municipal forces A
15 salary improvement is very much out of balance with settleshy
ments in Northwestern Ontario and elsewhere The arbitrator can
find no justification for special consideration in respect of
salaries Previous salaries have been freely negotiated and I see
no reason to interfere
On the other hand a 5 increase would generate a salary of
$33866 for 1986 which is slightly low by comparison It was
established by the Commission that the average salary of a first
class constable in 12 similar sized communities was $34407 A
survey of 105 forces indicates that the average salary is
$34110 The Association suggests that the average salary in Zone
1 for 1986 is $34682
After carefully considering and weighing the submissions
of both counsel I feel that a salary increase of 65 to all
ranks retroactive to January 1 1986 is reasonable and fair and
I so award This increase will provide the first class constable
in Kenora with a salary of $34351 for 1986 This increase is in
-11shy(-
line with other police settlements and the salary appears to be
comparable to those salary comparisons submitted The final
salary for 1986 will enable the Kenora Force to maintain a
relative salary position with forces in Zone 1 as weil as
elsewhere
7 Group Insurance and Dental -- Article 15(b)
This article presently provides for a Blue Cross Dental
Plan number 9 It also includes a provision for a 1984 Ontario
Dental Association fee guide Presently the Board pays thefirst
$13 of the cost The Association proposes that the Board pay 100
of the current plan with the addition of Riders 2 3 and 4 In
addition the Association proposes a Vision Plan paid fully by the
Board Mr Teskey for the Association in support of his position
notes that forces in Fort Frances Terrace Bay Atikokan and
Marathon have their Dental Plan paid 100 by their respective
boards Counsel also notes that 80 forces in Ontario have their
Dental Plan paid 100 Counsel for the Board proposes no further
change in this article and points out that the parties have agreed
to replace the 1984 Ontario Dental Association fee guide with the
current schedule Mr Firman also submits that only two of the
six local forces provide a VisionCare Plan
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
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their
matter
cogent
Dated at Mississauga this 10th day of April 1987
--shy
AWARD
This is an interest arbitration pursuant to Section 32(1) of
the Police Act On December 19 1986 I was appointed
arbitrator by the Honourable Ian Scott Acting Solicitor General
of Ontario to hear and determine all matters in dispute between
the parties concerning their 1986 collective agreements By
agreement of the parties a hearing in relation to this matter
was held in Kenora on February 26 1987 At the commencement of
the proceedings both parties agreed that the arbitrator was
properly appointed and had jurisdiction to determine all matters
outstanding between them The term of the agreements covered by
this award shall be from January 1st 1986 to and including
December 31st 1986
The Town of Kenora with a population of 9574 is located in
Northwestern Ontario The District of Kenora is a popular
recreational area and in the summer months the population doubles
due to vacat i oner s and tourists The Kenora Police Force has a
complement of 24 uniformed officers which includes the Chief and
Deputy Chief This force patrols a nine square mile area with 40
miles of roads There are also nine civilian employees who are
members of the force They bargain with the uniformed group and
are covered by a separate agreement This award deals with the
1986 collective agreements for both groups
I~ -2shy
On September 17 1985 the Association served notice to
the Board of its desire to bargain with a view to amending the
1985 agreements The parties held eight meetings A number of
issues were agreed upon in negotiations and are identified at
pp 21 and 22 of the Associations brief At the request of
both parties those terms previously agreed to are incorporated
into and form part of this award Due to the availability of
both counsel a hearing was not possible until February 261987
There are difficulties in dealing with the agreements at this
lat~ date Many benefit carriers will not provide service
retroactively for such a long period of time Life insurance is
a good example It may be of benefit to both parties in the
future to establish a timetable for their negotiations
I turn now to those matters regarding which evidence and
argument was presented to this arbitrator I sQall deal with
each item by referring to the numbered articles in the collective
agreements between the parties for the year 1985 filed as
Exhibit 8
- - shyn
( -3shy
1 Holidays Article 5
This article currently provides for 10 working days
vacation with pay after one year of service 15 days after three
years 20 days after 10 years 25 days after 18 years and 30 days
after 25 years The Association proposes 5 weeks vacation after
15 years and six weeks after 20 years In support of its request
the Association points out that eight forces in Northwestern
Ontario provide a five week vacation at a point earlier than
Kenora
The Board proposes no change in vacations Counsel
concedes that several forces in Zone 1 provide a more generous
five week vacation than that currently in effect for Kenora
However he is of the view that this must be balanced by the fact
that some of those forces do not provide for six weeks of
vacation With respect to the six week entitlement a review of
the data indicates that only one force in Zone provides for six1
weeks vacation after 20 years Two forces have no provision for
six weeks and three forces provide the same six weeks vacation
after 25 years as Kenora
In sum the arbitrator finds the Associations position
with respect to five weeks vacation after 15 years to be more
persuasive Accordingly article 5 shall be amended to reflect
-4shy(
five weeks vacation after 15 years effective December 31 1986
The six week vacation provision remains unchanged
2 Statutory Holidays -- Article 6
This article provides for 11 statutory holidays plus five
and a half days pay at the regular hourly rate The Association
proposes an additional holiday and to increase the present five
and a half days pay to 10 The Board is opposed to any change in
this benefit and points out that Kenora provides the second
highest number of total days of statutory holidays in Zone 1
According to data submitted by the Association 26 forces in
Ontario receive 12 statutory holidays while one force receives
13 In view of the evidence and on balance the arbitrator can
see no justification to alter the present provision
3 Clothing and Equipment -- Article 9(a)(i)
The current article provides for three pairs of boots
every two years The Association request is to replace a pair of
regular- boots with a pair of insulated winter boots comparable to
those used by Ontario Hydro Regular boots are $87 a pair while
the winter boots are estimated to be approximately $14250 It
-5shyshy
is the Corporations position that their present allowance is
equal or better than that of other forces Counsel for the Board
indicates that no other force in Zone 1 has this type of boot
su~plied On balance the existing boot allowance appears to be
in line with other police agreements therefore I decline to
award the request
4 Hours of Work -- Article 11
The Association proposes a clause to provide for proper
notification of a shift change under non-emergency situations and
specifically a minimum notice of 24 hours or pay at time and
one-half for the shift worked Mr Teskey counsel for the
Association noted the stressful aspects of shift work and how
that burden is made excessive by sudden non-emergency changes in
shifts He submits that officers have been told at the last
mi~ute that their shifts were changed to facilitate time off for
other members even though management was aware earlier that
coverage would be necessary
On the other hand Mr Firman for the Corporation
advocates no change on the basis that the majority of provisions
in the surveyed agreements do not provide for a requisite notice
period of any change in the scheduled hours of work failing which
-6shyr
a penalty or overtime payment is to be made On the evidence
submitted I find the position of the Commission to be more
persuasive and accordingly award no change
5 Article 12 -- Overtime
Article 12(b) presently provides for time and one-half
for all hours worked in excess of the regular eight hour hift
The existing article 12(e) provides for one officer to be
detailed for escort duty The Association proposes two changes
in this article First that all overtime be paid at double time
after the first four hours Secondly the Association proposes
that all escorts of mental or violent patientscriminal prisoners
are to be carried out by two fully trained and armed officers
Mr Firman for the Corporation suggests that both
proposals be rejected He points out that all the forces in Zone
1 with one exception provide for overtime at the rate of time
and one-half All of the 12 other forces surveyed pay time and
one-half for all overtime hours worked Counsel also points out
that none of the forces surveyed provide for two fully trained
and armed officers for escort duty The Board feels that the
decision to assign o~e or two officers on escort duty should be
left to the discretion of the officer in charge of the shift
f-shy -7shy
After considering the Associations requests and examining the
data submitted the arbitrator declines to make the amendments
requested
6 Salaries -- Article 13
The first class constables rate in Kenora for 1985 is
$32254 The Association is requesting parity with the Ontario
Provincial Police (OPp) This would require an increase of
14928 based on the salary of a first class constable The
Corporation has proposed a 5 salary increase to all members
It i s the Associations position that the Kenora Force
requires special consideration in respect of salaries because
they are behind other forces Counsel contends that Kenora is
unique and has special policing problems not found elsewhere He
submits that many area residents have alcohol related problems
Moreover the annual influx of vacationers and tourists add to
the fact that the police workload in Kenora is excessively high
when compared to other forces In support of their position the
Association submitted three salary surveys
The first survey considers eight forces including the
OPP in the same geographic area of Northwestern Ontario This
i
-8shyr-shy
information indicates that $34981 is the average 1986 salary for
those forces It is the Associations position that their
salaries are $2727 or 845 below the average of this group A
second salary analysis includes 17 forces in communities with a
population of 8000 to 15000 This data suggests that $34483
is the average 1986 salary According to the Associations
calculations their salaries are 691 below the average of this
group The third salary comparison reviews 105 forces It
indicates that the average police salary is $34110 and those
forces on average received a 584 salary increase According to
the information submitted there were 49 forces below the 1986
aver-age salary Those forces received an average salary of
$32088 and an average increase of 625 in 1986 It is Mr
Teskeys submission that Kenora Police salaries are behind the
provincial average
Mr Firman for the Corporation suggests that a 15 salary
increase is unreasonable It is his view that a salary
comparison between Kenora and other municipal forces is more
appropriate In support of the 5 increase counsel compared
salaries of those forces in Zone 1 Additionally the
Corporation submitted a salary review of 12 communities outside
of Zone 1 where the authorized strength of the force and the
population of the community most closely approximated that of
Kenora Salaries for a first class constable in 1986 range from
-9shy(--
$33317 in Hawkesbury to $36019 in Elliott Lake with an average
being $34407
Counsel for the Corporation suggests that community
standards are important when considering police salaries He
notes that Civic employees represented by CUPE negotiated a
3 salary increase for 1986 The Towns firefighters also
negotiated a 3 salary increase for the year
Mr Firman introduced the Consumer Price Index (CPI) for
Thunder Bay since no figure is published for Kenora The
percentage increase in the CPI for the period December 3-1 1985
to December 31 1986 is shown to be 276 In view of all these
facts the Commission feels that a 15 increase as proposed by
the Association is not realistic and their proposal of 5 is more
than reasonable
In any interest arbitration process the immediate
difficulty is to select comparable factors for review Police
salaries locally and elsewhere are relevant and are accorded
significant weight The public interest is also an important
consideration because they PBY the bill for police services An
arbitrator must consider the total compensation package The
current economic climate as well as local standards are
relative In sum the interests of both parties must be balanced
(- -10shy
so that a settlement is reasonable and fair for all concerned
The Associations request for a 15 salary increase for
one year must be rejected In my view Kenora Police salaries
should appropriately be compared with other municipal forces A
15 salary improvement is very much out of balance with settleshy
ments in Northwestern Ontario and elsewhere The arbitrator can
find no justification for special consideration in respect of
salaries Previous salaries have been freely negotiated and I see
no reason to interfere
On the other hand a 5 increase would generate a salary of
$33866 for 1986 which is slightly low by comparison It was
established by the Commission that the average salary of a first
class constable in 12 similar sized communities was $34407 A
survey of 105 forces indicates that the average salary is
$34110 The Association suggests that the average salary in Zone
1 for 1986 is $34682
After carefully considering and weighing the submissions
of both counsel I feel that a salary increase of 65 to all
ranks retroactive to January 1 1986 is reasonable and fair and
I so award This increase will provide the first class constable
in Kenora with a salary of $34351 for 1986 This increase is in
-11shy(-
line with other police settlements and the salary appears to be
comparable to those salary comparisons submitted The final
salary for 1986 will enable the Kenora Force to maintain a
relative salary position with forces in Zone 1 as weil as
elsewhere
7 Group Insurance and Dental -- Article 15(b)
This article presently provides for a Blue Cross Dental
Plan number 9 It also includes a provision for a 1984 Ontario
Dental Association fee guide Presently the Board pays thefirst
$13 of the cost The Association proposes that the Board pay 100
of the current plan with the addition of Riders 2 3 and 4 In
addition the Association proposes a Vision Plan paid fully by the
Board Mr Teskey for the Association in support of his position
notes that forces in Fort Frances Terrace Bay Atikokan and
Marathon have their Dental Plan paid 100 by their respective
boards Counsel also notes that 80 forces in Ontario have their
Dental Plan paid 100 Counsel for the Board proposes no further
change in this article and points out that the parties have agreed
to replace the 1984 Ontario Dental Association fee guide with the
current schedule Mr Firman also submits that only two of the
six local forces provide a VisionCare Plan
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
I~ -2shy
On September 17 1985 the Association served notice to
the Board of its desire to bargain with a view to amending the
1985 agreements The parties held eight meetings A number of
issues were agreed upon in negotiations and are identified at
pp 21 and 22 of the Associations brief At the request of
both parties those terms previously agreed to are incorporated
into and form part of this award Due to the availability of
both counsel a hearing was not possible until February 261987
There are difficulties in dealing with the agreements at this
lat~ date Many benefit carriers will not provide service
retroactively for such a long period of time Life insurance is
a good example It may be of benefit to both parties in the
future to establish a timetable for their negotiations
I turn now to those matters regarding which evidence and
argument was presented to this arbitrator I sQall deal with
each item by referring to the numbered articles in the collective
agreements between the parties for the year 1985 filed as
Exhibit 8
- - shyn
( -3shy
1 Holidays Article 5
This article currently provides for 10 working days
vacation with pay after one year of service 15 days after three
years 20 days after 10 years 25 days after 18 years and 30 days
after 25 years The Association proposes 5 weeks vacation after
15 years and six weeks after 20 years In support of its request
the Association points out that eight forces in Northwestern
Ontario provide a five week vacation at a point earlier than
Kenora
The Board proposes no change in vacations Counsel
concedes that several forces in Zone 1 provide a more generous
five week vacation than that currently in effect for Kenora
However he is of the view that this must be balanced by the fact
that some of those forces do not provide for six weeks of
vacation With respect to the six week entitlement a review of
the data indicates that only one force in Zone provides for six1
weeks vacation after 20 years Two forces have no provision for
six weeks and three forces provide the same six weeks vacation
after 25 years as Kenora
In sum the arbitrator finds the Associations position
with respect to five weeks vacation after 15 years to be more
persuasive Accordingly article 5 shall be amended to reflect
-4shy(
five weeks vacation after 15 years effective December 31 1986
The six week vacation provision remains unchanged
2 Statutory Holidays -- Article 6
This article provides for 11 statutory holidays plus five
and a half days pay at the regular hourly rate The Association
proposes an additional holiday and to increase the present five
and a half days pay to 10 The Board is opposed to any change in
this benefit and points out that Kenora provides the second
highest number of total days of statutory holidays in Zone 1
According to data submitted by the Association 26 forces in
Ontario receive 12 statutory holidays while one force receives
13 In view of the evidence and on balance the arbitrator can
see no justification to alter the present provision
3 Clothing and Equipment -- Article 9(a)(i)
The current article provides for three pairs of boots
every two years The Association request is to replace a pair of
regular- boots with a pair of insulated winter boots comparable to
those used by Ontario Hydro Regular boots are $87 a pair while
the winter boots are estimated to be approximately $14250 It
-5shyshy
is the Corporations position that their present allowance is
equal or better than that of other forces Counsel for the Board
indicates that no other force in Zone 1 has this type of boot
su~plied On balance the existing boot allowance appears to be
in line with other police agreements therefore I decline to
award the request
4 Hours of Work -- Article 11
The Association proposes a clause to provide for proper
notification of a shift change under non-emergency situations and
specifically a minimum notice of 24 hours or pay at time and
one-half for the shift worked Mr Teskey counsel for the
Association noted the stressful aspects of shift work and how
that burden is made excessive by sudden non-emergency changes in
shifts He submits that officers have been told at the last
mi~ute that their shifts were changed to facilitate time off for
other members even though management was aware earlier that
coverage would be necessary
On the other hand Mr Firman for the Corporation
advocates no change on the basis that the majority of provisions
in the surveyed agreements do not provide for a requisite notice
period of any change in the scheduled hours of work failing which
-6shyr
a penalty or overtime payment is to be made On the evidence
submitted I find the position of the Commission to be more
persuasive and accordingly award no change
5 Article 12 -- Overtime
Article 12(b) presently provides for time and one-half
for all hours worked in excess of the regular eight hour hift
The existing article 12(e) provides for one officer to be
detailed for escort duty The Association proposes two changes
in this article First that all overtime be paid at double time
after the first four hours Secondly the Association proposes
that all escorts of mental or violent patientscriminal prisoners
are to be carried out by two fully trained and armed officers
Mr Firman for the Corporation suggests that both
proposals be rejected He points out that all the forces in Zone
1 with one exception provide for overtime at the rate of time
and one-half All of the 12 other forces surveyed pay time and
one-half for all overtime hours worked Counsel also points out
that none of the forces surveyed provide for two fully trained
and armed officers for escort duty The Board feels that the
decision to assign o~e or two officers on escort duty should be
left to the discretion of the officer in charge of the shift
f-shy -7shy
After considering the Associations requests and examining the
data submitted the arbitrator declines to make the amendments
requested
6 Salaries -- Article 13
The first class constables rate in Kenora for 1985 is
$32254 The Association is requesting parity with the Ontario
Provincial Police (OPp) This would require an increase of
14928 based on the salary of a first class constable The
Corporation has proposed a 5 salary increase to all members
It i s the Associations position that the Kenora Force
requires special consideration in respect of salaries because
they are behind other forces Counsel contends that Kenora is
unique and has special policing problems not found elsewhere He
submits that many area residents have alcohol related problems
Moreover the annual influx of vacationers and tourists add to
the fact that the police workload in Kenora is excessively high
when compared to other forces In support of their position the
Association submitted three salary surveys
The first survey considers eight forces including the
OPP in the same geographic area of Northwestern Ontario This
i
-8shyr-shy
information indicates that $34981 is the average 1986 salary for
those forces It is the Associations position that their
salaries are $2727 or 845 below the average of this group A
second salary analysis includes 17 forces in communities with a
population of 8000 to 15000 This data suggests that $34483
is the average 1986 salary According to the Associations
calculations their salaries are 691 below the average of this
group The third salary comparison reviews 105 forces It
indicates that the average police salary is $34110 and those
forces on average received a 584 salary increase According to
the information submitted there were 49 forces below the 1986
aver-age salary Those forces received an average salary of
$32088 and an average increase of 625 in 1986 It is Mr
Teskeys submission that Kenora Police salaries are behind the
provincial average
Mr Firman for the Corporation suggests that a 15 salary
increase is unreasonable It is his view that a salary
comparison between Kenora and other municipal forces is more
appropriate In support of the 5 increase counsel compared
salaries of those forces in Zone 1 Additionally the
Corporation submitted a salary review of 12 communities outside
of Zone 1 where the authorized strength of the force and the
population of the community most closely approximated that of
Kenora Salaries for a first class constable in 1986 range from
-9shy(--
$33317 in Hawkesbury to $36019 in Elliott Lake with an average
being $34407
Counsel for the Corporation suggests that community
standards are important when considering police salaries He
notes that Civic employees represented by CUPE negotiated a
3 salary increase for 1986 The Towns firefighters also
negotiated a 3 salary increase for the year
Mr Firman introduced the Consumer Price Index (CPI) for
Thunder Bay since no figure is published for Kenora The
percentage increase in the CPI for the period December 3-1 1985
to December 31 1986 is shown to be 276 In view of all these
facts the Commission feels that a 15 increase as proposed by
the Association is not realistic and their proposal of 5 is more
than reasonable
In any interest arbitration process the immediate
difficulty is to select comparable factors for review Police
salaries locally and elsewhere are relevant and are accorded
significant weight The public interest is also an important
consideration because they PBY the bill for police services An
arbitrator must consider the total compensation package The
current economic climate as well as local standards are
relative In sum the interests of both parties must be balanced
(- -10shy
so that a settlement is reasonable and fair for all concerned
The Associations request for a 15 salary increase for
one year must be rejected In my view Kenora Police salaries
should appropriately be compared with other municipal forces A
15 salary improvement is very much out of balance with settleshy
ments in Northwestern Ontario and elsewhere The arbitrator can
find no justification for special consideration in respect of
salaries Previous salaries have been freely negotiated and I see
no reason to interfere
On the other hand a 5 increase would generate a salary of
$33866 for 1986 which is slightly low by comparison It was
established by the Commission that the average salary of a first
class constable in 12 similar sized communities was $34407 A
survey of 105 forces indicates that the average salary is
$34110 The Association suggests that the average salary in Zone
1 for 1986 is $34682
After carefully considering and weighing the submissions
of both counsel I feel that a salary increase of 65 to all
ranks retroactive to January 1 1986 is reasonable and fair and
I so award This increase will provide the first class constable
in Kenora with a salary of $34351 for 1986 This increase is in
-11shy(-
line with other police settlements and the salary appears to be
comparable to those salary comparisons submitted The final
salary for 1986 will enable the Kenora Force to maintain a
relative salary position with forces in Zone 1 as weil as
elsewhere
7 Group Insurance and Dental -- Article 15(b)
This article presently provides for a Blue Cross Dental
Plan number 9 It also includes a provision for a 1984 Ontario
Dental Association fee guide Presently the Board pays thefirst
$13 of the cost The Association proposes that the Board pay 100
of the current plan with the addition of Riders 2 3 and 4 In
addition the Association proposes a Vision Plan paid fully by the
Board Mr Teskey for the Association in support of his position
notes that forces in Fort Frances Terrace Bay Atikokan and
Marathon have their Dental Plan paid 100 by their respective
boards Counsel also notes that 80 forces in Ontario have their
Dental Plan paid 100 Counsel for the Board proposes no further
change in this article and points out that the parties have agreed
to replace the 1984 Ontario Dental Association fee guide with the
current schedule Mr Firman also submits that only two of the
six local forces provide a VisionCare Plan
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
- - shyn
( -3shy
1 Holidays Article 5
This article currently provides for 10 working days
vacation with pay after one year of service 15 days after three
years 20 days after 10 years 25 days after 18 years and 30 days
after 25 years The Association proposes 5 weeks vacation after
15 years and six weeks after 20 years In support of its request
the Association points out that eight forces in Northwestern
Ontario provide a five week vacation at a point earlier than
Kenora
The Board proposes no change in vacations Counsel
concedes that several forces in Zone 1 provide a more generous
five week vacation than that currently in effect for Kenora
However he is of the view that this must be balanced by the fact
that some of those forces do not provide for six weeks of
vacation With respect to the six week entitlement a review of
the data indicates that only one force in Zone provides for six1
weeks vacation after 20 years Two forces have no provision for
six weeks and three forces provide the same six weeks vacation
after 25 years as Kenora
In sum the arbitrator finds the Associations position
with respect to five weeks vacation after 15 years to be more
persuasive Accordingly article 5 shall be amended to reflect
-4shy(
five weeks vacation after 15 years effective December 31 1986
The six week vacation provision remains unchanged
2 Statutory Holidays -- Article 6
This article provides for 11 statutory holidays plus five
and a half days pay at the regular hourly rate The Association
proposes an additional holiday and to increase the present five
and a half days pay to 10 The Board is opposed to any change in
this benefit and points out that Kenora provides the second
highest number of total days of statutory holidays in Zone 1
According to data submitted by the Association 26 forces in
Ontario receive 12 statutory holidays while one force receives
13 In view of the evidence and on balance the arbitrator can
see no justification to alter the present provision
3 Clothing and Equipment -- Article 9(a)(i)
The current article provides for three pairs of boots
every two years The Association request is to replace a pair of
regular- boots with a pair of insulated winter boots comparable to
those used by Ontario Hydro Regular boots are $87 a pair while
the winter boots are estimated to be approximately $14250 It
-5shyshy
is the Corporations position that their present allowance is
equal or better than that of other forces Counsel for the Board
indicates that no other force in Zone 1 has this type of boot
su~plied On balance the existing boot allowance appears to be
in line with other police agreements therefore I decline to
award the request
4 Hours of Work -- Article 11
The Association proposes a clause to provide for proper
notification of a shift change under non-emergency situations and
specifically a minimum notice of 24 hours or pay at time and
one-half for the shift worked Mr Teskey counsel for the
Association noted the stressful aspects of shift work and how
that burden is made excessive by sudden non-emergency changes in
shifts He submits that officers have been told at the last
mi~ute that their shifts were changed to facilitate time off for
other members even though management was aware earlier that
coverage would be necessary
On the other hand Mr Firman for the Corporation
advocates no change on the basis that the majority of provisions
in the surveyed agreements do not provide for a requisite notice
period of any change in the scheduled hours of work failing which
-6shyr
a penalty or overtime payment is to be made On the evidence
submitted I find the position of the Commission to be more
persuasive and accordingly award no change
5 Article 12 -- Overtime
Article 12(b) presently provides for time and one-half
for all hours worked in excess of the regular eight hour hift
The existing article 12(e) provides for one officer to be
detailed for escort duty The Association proposes two changes
in this article First that all overtime be paid at double time
after the first four hours Secondly the Association proposes
that all escorts of mental or violent patientscriminal prisoners
are to be carried out by two fully trained and armed officers
Mr Firman for the Corporation suggests that both
proposals be rejected He points out that all the forces in Zone
1 with one exception provide for overtime at the rate of time
and one-half All of the 12 other forces surveyed pay time and
one-half for all overtime hours worked Counsel also points out
that none of the forces surveyed provide for two fully trained
and armed officers for escort duty The Board feels that the
decision to assign o~e or two officers on escort duty should be
left to the discretion of the officer in charge of the shift
f-shy -7shy
After considering the Associations requests and examining the
data submitted the arbitrator declines to make the amendments
requested
6 Salaries -- Article 13
The first class constables rate in Kenora for 1985 is
$32254 The Association is requesting parity with the Ontario
Provincial Police (OPp) This would require an increase of
14928 based on the salary of a first class constable The
Corporation has proposed a 5 salary increase to all members
It i s the Associations position that the Kenora Force
requires special consideration in respect of salaries because
they are behind other forces Counsel contends that Kenora is
unique and has special policing problems not found elsewhere He
submits that many area residents have alcohol related problems
Moreover the annual influx of vacationers and tourists add to
the fact that the police workload in Kenora is excessively high
when compared to other forces In support of their position the
Association submitted three salary surveys
The first survey considers eight forces including the
OPP in the same geographic area of Northwestern Ontario This
i
-8shyr-shy
information indicates that $34981 is the average 1986 salary for
those forces It is the Associations position that their
salaries are $2727 or 845 below the average of this group A
second salary analysis includes 17 forces in communities with a
population of 8000 to 15000 This data suggests that $34483
is the average 1986 salary According to the Associations
calculations their salaries are 691 below the average of this
group The third salary comparison reviews 105 forces It
indicates that the average police salary is $34110 and those
forces on average received a 584 salary increase According to
the information submitted there were 49 forces below the 1986
aver-age salary Those forces received an average salary of
$32088 and an average increase of 625 in 1986 It is Mr
Teskeys submission that Kenora Police salaries are behind the
provincial average
Mr Firman for the Corporation suggests that a 15 salary
increase is unreasonable It is his view that a salary
comparison between Kenora and other municipal forces is more
appropriate In support of the 5 increase counsel compared
salaries of those forces in Zone 1 Additionally the
Corporation submitted a salary review of 12 communities outside
of Zone 1 where the authorized strength of the force and the
population of the community most closely approximated that of
Kenora Salaries for a first class constable in 1986 range from
-9shy(--
$33317 in Hawkesbury to $36019 in Elliott Lake with an average
being $34407
Counsel for the Corporation suggests that community
standards are important when considering police salaries He
notes that Civic employees represented by CUPE negotiated a
3 salary increase for 1986 The Towns firefighters also
negotiated a 3 salary increase for the year
Mr Firman introduced the Consumer Price Index (CPI) for
Thunder Bay since no figure is published for Kenora The
percentage increase in the CPI for the period December 3-1 1985
to December 31 1986 is shown to be 276 In view of all these
facts the Commission feels that a 15 increase as proposed by
the Association is not realistic and their proposal of 5 is more
than reasonable
In any interest arbitration process the immediate
difficulty is to select comparable factors for review Police
salaries locally and elsewhere are relevant and are accorded
significant weight The public interest is also an important
consideration because they PBY the bill for police services An
arbitrator must consider the total compensation package The
current economic climate as well as local standards are
relative In sum the interests of both parties must be balanced
(- -10shy
so that a settlement is reasonable and fair for all concerned
The Associations request for a 15 salary increase for
one year must be rejected In my view Kenora Police salaries
should appropriately be compared with other municipal forces A
15 salary improvement is very much out of balance with settleshy
ments in Northwestern Ontario and elsewhere The arbitrator can
find no justification for special consideration in respect of
salaries Previous salaries have been freely negotiated and I see
no reason to interfere
On the other hand a 5 increase would generate a salary of
$33866 for 1986 which is slightly low by comparison It was
established by the Commission that the average salary of a first
class constable in 12 similar sized communities was $34407 A
survey of 105 forces indicates that the average salary is
$34110 The Association suggests that the average salary in Zone
1 for 1986 is $34682
After carefully considering and weighing the submissions
of both counsel I feel that a salary increase of 65 to all
ranks retroactive to January 1 1986 is reasonable and fair and
I so award This increase will provide the first class constable
in Kenora with a salary of $34351 for 1986 This increase is in
-11shy(-
line with other police settlements and the salary appears to be
comparable to those salary comparisons submitted The final
salary for 1986 will enable the Kenora Force to maintain a
relative salary position with forces in Zone 1 as weil as
elsewhere
7 Group Insurance and Dental -- Article 15(b)
This article presently provides for a Blue Cross Dental
Plan number 9 It also includes a provision for a 1984 Ontario
Dental Association fee guide Presently the Board pays thefirst
$13 of the cost The Association proposes that the Board pay 100
of the current plan with the addition of Riders 2 3 and 4 In
addition the Association proposes a Vision Plan paid fully by the
Board Mr Teskey for the Association in support of his position
notes that forces in Fort Frances Terrace Bay Atikokan and
Marathon have their Dental Plan paid 100 by their respective
boards Counsel also notes that 80 forces in Ontario have their
Dental Plan paid 100 Counsel for the Board proposes no further
change in this article and points out that the parties have agreed
to replace the 1984 Ontario Dental Association fee guide with the
current schedule Mr Firman also submits that only two of the
six local forces provide a VisionCare Plan
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-4shy(
five weeks vacation after 15 years effective December 31 1986
The six week vacation provision remains unchanged
2 Statutory Holidays -- Article 6
This article provides for 11 statutory holidays plus five
and a half days pay at the regular hourly rate The Association
proposes an additional holiday and to increase the present five
and a half days pay to 10 The Board is opposed to any change in
this benefit and points out that Kenora provides the second
highest number of total days of statutory holidays in Zone 1
According to data submitted by the Association 26 forces in
Ontario receive 12 statutory holidays while one force receives
13 In view of the evidence and on balance the arbitrator can
see no justification to alter the present provision
3 Clothing and Equipment -- Article 9(a)(i)
The current article provides for three pairs of boots
every two years The Association request is to replace a pair of
regular- boots with a pair of insulated winter boots comparable to
those used by Ontario Hydro Regular boots are $87 a pair while
the winter boots are estimated to be approximately $14250 It
-5shyshy
is the Corporations position that their present allowance is
equal or better than that of other forces Counsel for the Board
indicates that no other force in Zone 1 has this type of boot
su~plied On balance the existing boot allowance appears to be
in line with other police agreements therefore I decline to
award the request
4 Hours of Work -- Article 11
The Association proposes a clause to provide for proper
notification of a shift change under non-emergency situations and
specifically a minimum notice of 24 hours or pay at time and
one-half for the shift worked Mr Teskey counsel for the
Association noted the stressful aspects of shift work and how
that burden is made excessive by sudden non-emergency changes in
shifts He submits that officers have been told at the last
mi~ute that their shifts were changed to facilitate time off for
other members even though management was aware earlier that
coverage would be necessary
On the other hand Mr Firman for the Corporation
advocates no change on the basis that the majority of provisions
in the surveyed agreements do not provide for a requisite notice
period of any change in the scheduled hours of work failing which
-6shyr
a penalty or overtime payment is to be made On the evidence
submitted I find the position of the Commission to be more
persuasive and accordingly award no change
5 Article 12 -- Overtime
Article 12(b) presently provides for time and one-half
for all hours worked in excess of the regular eight hour hift
The existing article 12(e) provides for one officer to be
detailed for escort duty The Association proposes two changes
in this article First that all overtime be paid at double time
after the first four hours Secondly the Association proposes
that all escorts of mental or violent patientscriminal prisoners
are to be carried out by two fully trained and armed officers
Mr Firman for the Corporation suggests that both
proposals be rejected He points out that all the forces in Zone
1 with one exception provide for overtime at the rate of time
and one-half All of the 12 other forces surveyed pay time and
one-half for all overtime hours worked Counsel also points out
that none of the forces surveyed provide for two fully trained
and armed officers for escort duty The Board feels that the
decision to assign o~e or two officers on escort duty should be
left to the discretion of the officer in charge of the shift
f-shy -7shy
After considering the Associations requests and examining the
data submitted the arbitrator declines to make the amendments
requested
6 Salaries -- Article 13
The first class constables rate in Kenora for 1985 is
$32254 The Association is requesting parity with the Ontario
Provincial Police (OPp) This would require an increase of
14928 based on the salary of a first class constable The
Corporation has proposed a 5 salary increase to all members
It i s the Associations position that the Kenora Force
requires special consideration in respect of salaries because
they are behind other forces Counsel contends that Kenora is
unique and has special policing problems not found elsewhere He
submits that many area residents have alcohol related problems
Moreover the annual influx of vacationers and tourists add to
the fact that the police workload in Kenora is excessively high
when compared to other forces In support of their position the
Association submitted three salary surveys
The first survey considers eight forces including the
OPP in the same geographic area of Northwestern Ontario This
i
-8shyr-shy
information indicates that $34981 is the average 1986 salary for
those forces It is the Associations position that their
salaries are $2727 or 845 below the average of this group A
second salary analysis includes 17 forces in communities with a
population of 8000 to 15000 This data suggests that $34483
is the average 1986 salary According to the Associations
calculations their salaries are 691 below the average of this
group The third salary comparison reviews 105 forces It
indicates that the average police salary is $34110 and those
forces on average received a 584 salary increase According to
the information submitted there were 49 forces below the 1986
aver-age salary Those forces received an average salary of
$32088 and an average increase of 625 in 1986 It is Mr
Teskeys submission that Kenora Police salaries are behind the
provincial average
Mr Firman for the Corporation suggests that a 15 salary
increase is unreasonable It is his view that a salary
comparison between Kenora and other municipal forces is more
appropriate In support of the 5 increase counsel compared
salaries of those forces in Zone 1 Additionally the
Corporation submitted a salary review of 12 communities outside
of Zone 1 where the authorized strength of the force and the
population of the community most closely approximated that of
Kenora Salaries for a first class constable in 1986 range from
-9shy(--
$33317 in Hawkesbury to $36019 in Elliott Lake with an average
being $34407
Counsel for the Corporation suggests that community
standards are important when considering police salaries He
notes that Civic employees represented by CUPE negotiated a
3 salary increase for 1986 The Towns firefighters also
negotiated a 3 salary increase for the year
Mr Firman introduced the Consumer Price Index (CPI) for
Thunder Bay since no figure is published for Kenora The
percentage increase in the CPI for the period December 3-1 1985
to December 31 1986 is shown to be 276 In view of all these
facts the Commission feels that a 15 increase as proposed by
the Association is not realistic and their proposal of 5 is more
than reasonable
In any interest arbitration process the immediate
difficulty is to select comparable factors for review Police
salaries locally and elsewhere are relevant and are accorded
significant weight The public interest is also an important
consideration because they PBY the bill for police services An
arbitrator must consider the total compensation package The
current economic climate as well as local standards are
relative In sum the interests of both parties must be balanced
(- -10shy
so that a settlement is reasonable and fair for all concerned
The Associations request for a 15 salary increase for
one year must be rejected In my view Kenora Police salaries
should appropriately be compared with other municipal forces A
15 salary improvement is very much out of balance with settleshy
ments in Northwestern Ontario and elsewhere The arbitrator can
find no justification for special consideration in respect of
salaries Previous salaries have been freely negotiated and I see
no reason to interfere
On the other hand a 5 increase would generate a salary of
$33866 for 1986 which is slightly low by comparison It was
established by the Commission that the average salary of a first
class constable in 12 similar sized communities was $34407 A
survey of 105 forces indicates that the average salary is
$34110 The Association suggests that the average salary in Zone
1 for 1986 is $34682
After carefully considering and weighing the submissions
of both counsel I feel that a salary increase of 65 to all
ranks retroactive to January 1 1986 is reasonable and fair and
I so award This increase will provide the first class constable
in Kenora with a salary of $34351 for 1986 This increase is in
-11shy(-
line with other police settlements and the salary appears to be
comparable to those salary comparisons submitted The final
salary for 1986 will enable the Kenora Force to maintain a
relative salary position with forces in Zone 1 as weil as
elsewhere
7 Group Insurance and Dental -- Article 15(b)
This article presently provides for a Blue Cross Dental
Plan number 9 It also includes a provision for a 1984 Ontario
Dental Association fee guide Presently the Board pays thefirst
$13 of the cost The Association proposes that the Board pay 100
of the current plan with the addition of Riders 2 3 and 4 In
addition the Association proposes a Vision Plan paid fully by the
Board Mr Teskey for the Association in support of his position
notes that forces in Fort Frances Terrace Bay Atikokan and
Marathon have their Dental Plan paid 100 by their respective
boards Counsel also notes that 80 forces in Ontario have their
Dental Plan paid 100 Counsel for the Board proposes no further
change in this article and points out that the parties have agreed
to replace the 1984 Ontario Dental Association fee guide with the
current schedule Mr Firman also submits that only two of the
six local forces provide a VisionCare Plan
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-5shyshy
is the Corporations position that their present allowance is
equal or better than that of other forces Counsel for the Board
indicates that no other force in Zone 1 has this type of boot
su~plied On balance the existing boot allowance appears to be
in line with other police agreements therefore I decline to
award the request
4 Hours of Work -- Article 11
The Association proposes a clause to provide for proper
notification of a shift change under non-emergency situations and
specifically a minimum notice of 24 hours or pay at time and
one-half for the shift worked Mr Teskey counsel for the
Association noted the stressful aspects of shift work and how
that burden is made excessive by sudden non-emergency changes in
shifts He submits that officers have been told at the last
mi~ute that their shifts were changed to facilitate time off for
other members even though management was aware earlier that
coverage would be necessary
On the other hand Mr Firman for the Corporation
advocates no change on the basis that the majority of provisions
in the surveyed agreements do not provide for a requisite notice
period of any change in the scheduled hours of work failing which
-6shyr
a penalty or overtime payment is to be made On the evidence
submitted I find the position of the Commission to be more
persuasive and accordingly award no change
5 Article 12 -- Overtime
Article 12(b) presently provides for time and one-half
for all hours worked in excess of the regular eight hour hift
The existing article 12(e) provides for one officer to be
detailed for escort duty The Association proposes two changes
in this article First that all overtime be paid at double time
after the first four hours Secondly the Association proposes
that all escorts of mental or violent patientscriminal prisoners
are to be carried out by two fully trained and armed officers
Mr Firman for the Corporation suggests that both
proposals be rejected He points out that all the forces in Zone
1 with one exception provide for overtime at the rate of time
and one-half All of the 12 other forces surveyed pay time and
one-half for all overtime hours worked Counsel also points out
that none of the forces surveyed provide for two fully trained
and armed officers for escort duty The Board feels that the
decision to assign o~e or two officers on escort duty should be
left to the discretion of the officer in charge of the shift
f-shy -7shy
After considering the Associations requests and examining the
data submitted the arbitrator declines to make the amendments
requested
6 Salaries -- Article 13
The first class constables rate in Kenora for 1985 is
$32254 The Association is requesting parity with the Ontario
Provincial Police (OPp) This would require an increase of
14928 based on the salary of a first class constable The
Corporation has proposed a 5 salary increase to all members
It i s the Associations position that the Kenora Force
requires special consideration in respect of salaries because
they are behind other forces Counsel contends that Kenora is
unique and has special policing problems not found elsewhere He
submits that many area residents have alcohol related problems
Moreover the annual influx of vacationers and tourists add to
the fact that the police workload in Kenora is excessively high
when compared to other forces In support of their position the
Association submitted three salary surveys
The first survey considers eight forces including the
OPP in the same geographic area of Northwestern Ontario This
i
-8shyr-shy
information indicates that $34981 is the average 1986 salary for
those forces It is the Associations position that their
salaries are $2727 or 845 below the average of this group A
second salary analysis includes 17 forces in communities with a
population of 8000 to 15000 This data suggests that $34483
is the average 1986 salary According to the Associations
calculations their salaries are 691 below the average of this
group The third salary comparison reviews 105 forces It
indicates that the average police salary is $34110 and those
forces on average received a 584 salary increase According to
the information submitted there were 49 forces below the 1986
aver-age salary Those forces received an average salary of
$32088 and an average increase of 625 in 1986 It is Mr
Teskeys submission that Kenora Police salaries are behind the
provincial average
Mr Firman for the Corporation suggests that a 15 salary
increase is unreasonable It is his view that a salary
comparison between Kenora and other municipal forces is more
appropriate In support of the 5 increase counsel compared
salaries of those forces in Zone 1 Additionally the
Corporation submitted a salary review of 12 communities outside
of Zone 1 where the authorized strength of the force and the
population of the community most closely approximated that of
Kenora Salaries for a first class constable in 1986 range from
-9shy(--
$33317 in Hawkesbury to $36019 in Elliott Lake with an average
being $34407
Counsel for the Corporation suggests that community
standards are important when considering police salaries He
notes that Civic employees represented by CUPE negotiated a
3 salary increase for 1986 The Towns firefighters also
negotiated a 3 salary increase for the year
Mr Firman introduced the Consumer Price Index (CPI) for
Thunder Bay since no figure is published for Kenora The
percentage increase in the CPI for the period December 3-1 1985
to December 31 1986 is shown to be 276 In view of all these
facts the Commission feels that a 15 increase as proposed by
the Association is not realistic and their proposal of 5 is more
than reasonable
In any interest arbitration process the immediate
difficulty is to select comparable factors for review Police
salaries locally and elsewhere are relevant and are accorded
significant weight The public interest is also an important
consideration because they PBY the bill for police services An
arbitrator must consider the total compensation package The
current economic climate as well as local standards are
relative In sum the interests of both parties must be balanced
(- -10shy
so that a settlement is reasonable and fair for all concerned
The Associations request for a 15 salary increase for
one year must be rejected In my view Kenora Police salaries
should appropriately be compared with other municipal forces A
15 salary improvement is very much out of balance with settleshy
ments in Northwestern Ontario and elsewhere The arbitrator can
find no justification for special consideration in respect of
salaries Previous salaries have been freely negotiated and I see
no reason to interfere
On the other hand a 5 increase would generate a salary of
$33866 for 1986 which is slightly low by comparison It was
established by the Commission that the average salary of a first
class constable in 12 similar sized communities was $34407 A
survey of 105 forces indicates that the average salary is
$34110 The Association suggests that the average salary in Zone
1 for 1986 is $34682
After carefully considering and weighing the submissions
of both counsel I feel that a salary increase of 65 to all
ranks retroactive to January 1 1986 is reasonable and fair and
I so award This increase will provide the first class constable
in Kenora with a salary of $34351 for 1986 This increase is in
-11shy(-
line with other police settlements and the salary appears to be
comparable to those salary comparisons submitted The final
salary for 1986 will enable the Kenora Force to maintain a
relative salary position with forces in Zone 1 as weil as
elsewhere
7 Group Insurance and Dental -- Article 15(b)
This article presently provides for a Blue Cross Dental
Plan number 9 It also includes a provision for a 1984 Ontario
Dental Association fee guide Presently the Board pays thefirst
$13 of the cost The Association proposes that the Board pay 100
of the current plan with the addition of Riders 2 3 and 4 In
addition the Association proposes a Vision Plan paid fully by the
Board Mr Teskey for the Association in support of his position
notes that forces in Fort Frances Terrace Bay Atikokan and
Marathon have their Dental Plan paid 100 by their respective
boards Counsel also notes that 80 forces in Ontario have their
Dental Plan paid 100 Counsel for the Board proposes no further
change in this article and points out that the parties have agreed
to replace the 1984 Ontario Dental Association fee guide with the
current schedule Mr Firman also submits that only two of the
six local forces provide a VisionCare Plan
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-6shyr
a penalty or overtime payment is to be made On the evidence
submitted I find the position of the Commission to be more
persuasive and accordingly award no change
5 Article 12 -- Overtime
Article 12(b) presently provides for time and one-half
for all hours worked in excess of the regular eight hour hift
The existing article 12(e) provides for one officer to be
detailed for escort duty The Association proposes two changes
in this article First that all overtime be paid at double time
after the first four hours Secondly the Association proposes
that all escorts of mental or violent patientscriminal prisoners
are to be carried out by two fully trained and armed officers
Mr Firman for the Corporation suggests that both
proposals be rejected He points out that all the forces in Zone
1 with one exception provide for overtime at the rate of time
and one-half All of the 12 other forces surveyed pay time and
one-half for all overtime hours worked Counsel also points out
that none of the forces surveyed provide for two fully trained
and armed officers for escort duty The Board feels that the
decision to assign o~e or two officers on escort duty should be
left to the discretion of the officer in charge of the shift
f-shy -7shy
After considering the Associations requests and examining the
data submitted the arbitrator declines to make the amendments
requested
6 Salaries -- Article 13
The first class constables rate in Kenora for 1985 is
$32254 The Association is requesting parity with the Ontario
Provincial Police (OPp) This would require an increase of
14928 based on the salary of a first class constable The
Corporation has proposed a 5 salary increase to all members
It i s the Associations position that the Kenora Force
requires special consideration in respect of salaries because
they are behind other forces Counsel contends that Kenora is
unique and has special policing problems not found elsewhere He
submits that many area residents have alcohol related problems
Moreover the annual influx of vacationers and tourists add to
the fact that the police workload in Kenora is excessively high
when compared to other forces In support of their position the
Association submitted three salary surveys
The first survey considers eight forces including the
OPP in the same geographic area of Northwestern Ontario This
i
-8shyr-shy
information indicates that $34981 is the average 1986 salary for
those forces It is the Associations position that their
salaries are $2727 or 845 below the average of this group A
second salary analysis includes 17 forces in communities with a
population of 8000 to 15000 This data suggests that $34483
is the average 1986 salary According to the Associations
calculations their salaries are 691 below the average of this
group The third salary comparison reviews 105 forces It
indicates that the average police salary is $34110 and those
forces on average received a 584 salary increase According to
the information submitted there were 49 forces below the 1986
aver-age salary Those forces received an average salary of
$32088 and an average increase of 625 in 1986 It is Mr
Teskeys submission that Kenora Police salaries are behind the
provincial average
Mr Firman for the Corporation suggests that a 15 salary
increase is unreasonable It is his view that a salary
comparison between Kenora and other municipal forces is more
appropriate In support of the 5 increase counsel compared
salaries of those forces in Zone 1 Additionally the
Corporation submitted a salary review of 12 communities outside
of Zone 1 where the authorized strength of the force and the
population of the community most closely approximated that of
Kenora Salaries for a first class constable in 1986 range from
-9shy(--
$33317 in Hawkesbury to $36019 in Elliott Lake with an average
being $34407
Counsel for the Corporation suggests that community
standards are important when considering police salaries He
notes that Civic employees represented by CUPE negotiated a
3 salary increase for 1986 The Towns firefighters also
negotiated a 3 salary increase for the year
Mr Firman introduced the Consumer Price Index (CPI) for
Thunder Bay since no figure is published for Kenora The
percentage increase in the CPI for the period December 3-1 1985
to December 31 1986 is shown to be 276 In view of all these
facts the Commission feels that a 15 increase as proposed by
the Association is not realistic and their proposal of 5 is more
than reasonable
In any interest arbitration process the immediate
difficulty is to select comparable factors for review Police
salaries locally and elsewhere are relevant and are accorded
significant weight The public interest is also an important
consideration because they PBY the bill for police services An
arbitrator must consider the total compensation package The
current economic climate as well as local standards are
relative In sum the interests of both parties must be balanced
(- -10shy
so that a settlement is reasonable and fair for all concerned
The Associations request for a 15 salary increase for
one year must be rejected In my view Kenora Police salaries
should appropriately be compared with other municipal forces A
15 salary improvement is very much out of balance with settleshy
ments in Northwestern Ontario and elsewhere The arbitrator can
find no justification for special consideration in respect of
salaries Previous salaries have been freely negotiated and I see
no reason to interfere
On the other hand a 5 increase would generate a salary of
$33866 for 1986 which is slightly low by comparison It was
established by the Commission that the average salary of a first
class constable in 12 similar sized communities was $34407 A
survey of 105 forces indicates that the average salary is
$34110 The Association suggests that the average salary in Zone
1 for 1986 is $34682
After carefully considering and weighing the submissions
of both counsel I feel that a salary increase of 65 to all
ranks retroactive to January 1 1986 is reasonable and fair and
I so award This increase will provide the first class constable
in Kenora with a salary of $34351 for 1986 This increase is in
-11shy(-
line with other police settlements and the salary appears to be
comparable to those salary comparisons submitted The final
salary for 1986 will enable the Kenora Force to maintain a
relative salary position with forces in Zone 1 as weil as
elsewhere
7 Group Insurance and Dental -- Article 15(b)
This article presently provides for a Blue Cross Dental
Plan number 9 It also includes a provision for a 1984 Ontario
Dental Association fee guide Presently the Board pays thefirst
$13 of the cost The Association proposes that the Board pay 100
of the current plan with the addition of Riders 2 3 and 4 In
addition the Association proposes a Vision Plan paid fully by the
Board Mr Teskey for the Association in support of his position
notes that forces in Fort Frances Terrace Bay Atikokan and
Marathon have their Dental Plan paid 100 by their respective
boards Counsel also notes that 80 forces in Ontario have their
Dental Plan paid 100 Counsel for the Board proposes no further
change in this article and points out that the parties have agreed
to replace the 1984 Ontario Dental Association fee guide with the
current schedule Mr Firman also submits that only two of the
six local forces provide a VisionCare Plan
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
f-shy -7shy
After considering the Associations requests and examining the
data submitted the arbitrator declines to make the amendments
requested
6 Salaries -- Article 13
The first class constables rate in Kenora for 1985 is
$32254 The Association is requesting parity with the Ontario
Provincial Police (OPp) This would require an increase of
14928 based on the salary of a first class constable The
Corporation has proposed a 5 salary increase to all members
It i s the Associations position that the Kenora Force
requires special consideration in respect of salaries because
they are behind other forces Counsel contends that Kenora is
unique and has special policing problems not found elsewhere He
submits that many area residents have alcohol related problems
Moreover the annual influx of vacationers and tourists add to
the fact that the police workload in Kenora is excessively high
when compared to other forces In support of their position the
Association submitted three salary surveys
The first survey considers eight forces including the
OPP in the same geographic area of Northwestern Ontario This
i
-8shyr-shy
information indicates that $34981 is the average 1986 salary for
those forces It is the Associations position that their
salaries are $2727 or 845 below the average of this group A
second salary analysis includes 17 forces in communities with a
population of 8000 to 15000 This data suggests that $34483
is the average 1986 salary According to the Associations
calculations their salaries are 691 below the average of this
group The third salary comparison reviews 105 forces It
indicates that the average police salary is $34110 and those
forces on average received a 584 salary increase According to
the information submitted there were 49 forces below the 1986
aver-age salary Those forces received an average salary of
$32088 and an average increase of 625 in 1986 It is Mr
Teskeys submission that Kenora Police salaries are behind the
provincial average
Mr Firman for the Corporation suggests that a 15 salary
increase is unreasonable It is his view that a salary
comparison between Kenora and other municipal forces is more
appropriate In support of the 5 increase counsel compared
salaries of those forces in Zone 1 Additionally the
Corporation submitted a salary review of 12 communities outside
of Zone 1 where the authorized strength of the force and the
population of the community most closely approximated that of
Kenora Salaries for a first class constable in 1986 range from
-9shy(--
$33317 in Hawkesbury to $36019 in Elliott Lake with an average
being $34407
Counsel for the Corporation suggests that community
standards are important when considering police salaries He
notes that Civic employees represented by CUPE negotiated a
3 salary increase for 1986 The Towns firefighters also
negotiated a 3 salary increase for the year
Mr Firman introduced the Consumer Price Index (CPI) for
Thunder Bay since no figure is published for Kenora The
percentage increase in the CPI for the period December 3-1 1985
to December 31 1986 is shown to be 276 In view of all these
facts the Commission feels that a 15 increase as proposed by
the Association is not realistic and their proposal of 5 is more
than reasonable
In any interest arbitration process the immediate
difficulty is to select comparable factors for review Police
salaries locally and elsewhere are relevant and are accorded
significant weight The public interest is also an important
consideration because they PBY the bill for police services An
arbitrator must consider the total compensation package The
current economic climate as well as local standards are
relative In sum the interests of both parties must be balanced
(- -10shy
so that a settlement is reasonable and fair for all concerned
The Associations request for a 15 salary increase for
one year must be rejected In my view Kenora Police salaries
should appropriately be compared with other municipal forces A
15 salary improvement is very much out of balance with settleshy
ments in Northwestern Ontario and elsewhere The arbitrator can
find no justification for special consideration in respect of
salaries Previous salaries have been freely negotiated and I see
no reason to interfere
On the other hand a 5 increase would generate a salary of
$33866 for 1986 which is slightly low by comparison It was
established by the Commission that the average salary of a first
class constable in 12 similar sized communities was $34407 A
survey of 105 forces indicates that the average salary is
$34110 The Association suggests that the average salary in Zone
1 for 1986 is $34682
After carefully considering and weighing the submissions
of both counsel I feel that a salary increase of 65 to all
ranks retroactive to January 1 1986 is reasonable and fair and
I so award This increase will provide the first class constable
in Kenora with a salary of $34351 for 1986 This increase is in
-11shy(-
line with other police settlements and the salary appears to be
comparable to those salary comparisons submitted The final
salary for 1986 will enable the Kenora Force to maintain a
relative salary position with forces in Zone 1 as weil as
elsewhere
7 Group Insurance and Dental -- Article 15(b)
This article presently provides for a Blue Cross Dental
Plan number 9 It also includes a provision for a 1984 Ontario
Dental Association fee guide Presently the Board pays thefirst
$13 of the cost The Association proposes that the Board pay 100
of the current plan with the addition of Riders 2 3 and 4 In
addition the Association proposes a Vision Plan paid fully by the
Board Mr Teskey for the Association in support of his position
notes that forces in Fort Frances Terrace Bay Atikokan and
Marathon have their Dental Plan paid 100 by their respective
boards Counsel also notes that 80 forces in Ontario have their
Dental Plan paid 100 Counsel for the Board proposes no further
change in this article and points out that the parties have agreed
to replace the 1984 Ontario Dental Association fee guide with the
current schedule Mr Firman also submits that only two of the
six local forces provide a VisionCare Plan
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
i
-8shyr-shy
information indicates that $34981 is the average 1986 salary for
those forces It is the Associations position that their
salaries are $2727 or 845 below the average of this group A
second salary analysis includes 17 forces in communities with a
population of 8000 to 15000 This data suggests that $34483
is the average 1986 salary According to the Associations
calculations their salaries are 691 below the average of this
group The third salary comparison reviews 105 forces It
indicates that the average police salary is $34110 and those
forces on average received a 584 salary increase According to
the information submitted there were 49 forces below the 1986
aver-age salary Those forces received an average salary of
$32088 and an average increase of 625 in 1986 It is Mr
Teskeys submission that Kenora Police salaries are behind the
provincial average
Mr Firman for the Corporation suggests that a 15 salary
increase is unreasonable It is his view that a salary
comparison between Kenora and other municipal forces is more
appropriate In support of the 5 increase counsel compared
salaries of those forces in Zone 1 Additionally the
Corporation submitted a salary review of 12 communities outside
of Zone 1 where the authorized strength of the force and the
population of the community most closely approximated that of
Kenora Salaries for a first class constable in 1986 range from
-9shy(--
$33317 in Hawkesbury to $36019 in Elliott Lake with an average
being $34407
Counsel for the Corporation suggests that community
standards are important when considering police salaries He
notes that Civic employees represented by CUPE negotiated a
3 salary increase for 1986 The Towns firefighters also
negotiated a 3 salary increase for the year
Mr Firman introduced the Consumer Price Index (CPI) for
Thunder Bay since no figure is published for Kenora The
percentage increase in the CPI for the period December 3-1 1985
to December 31 1986 is shown to be 276 In view of all these
facts the Commission feels that a 15 increase as proposed by
the Association is not realistic and their proposal of 5 is more
than reasonable
In any interest arbitration process the immediate
difficulty is to select comparable factors for review Police
salaries locally and elsewhere are relevant and are accorded
significant weight The public interest is also an important
consideration because they PBY the bill for police services An
arbitrator must consider the total compensation package The
current economic climate as well as local standards are
relative In sum the interests of both parties must be balanced
(- -10shy
so that a settlement is reasonable and fair for all concerned
The Associations request for a 15 salary increase for
one year must be rejected In my view Kenora Police salaries
should appropriately be compared with other municipal forces A
15 salary improvement is very much out of balance with settleshy
ments in Northwestern Ontario and elsewhere The arbitrator can
find no justification for special consideration in respect of
salaries Previous salaries have been freely negotiated and I see
no reason to interfere
On the other hand a 5 increase would generate a salary of
$33866 for 1986 which is slightly low by comparison It was
established by the Commission that the average salary of a first
class constable in 12 similar sized communities was $34407 A
survey of 105 forces indicates that the average salary is
$34110 The Association suggests that the average salary in Zone
1 for 1986 is $34682
After carefully considering and weighing the submissions
of both counsel I feel that a salary increase of 65 to all
ranks retroactive to January 1 1986 is reasonable and fair and
I so award This increase will provide the first class constable
in Kenora with a salary of $34351 for 1986 This increase is in
-11shy(-
line with other police settlements and the salary appears to be
comparable to those salary comparisons submitted The final
salary for 1986 will enable the Kenora Force to maintain a
relative salary position with forces in Zone 1 as weil as
elsewhere
7 Group Insurance and Dental -- Article 15(b)
This article presently provides for a Blue Cross Dental
Plan number 9 It also includes a provision for a 1984 Ontario
Dental Association fee guide Presently the Board pays thefirst
$13 of the cost The Association proposes that the Board pay 100
of the current plan with the addition of Riders 2 3 and 4 In
addition the Association proposes a Vision Plan paid fully by the
Board Mr Teskey for the Association in support of his position
notes that forces in Fort Frances Terrace Bay Atikokan and
Marathon have their Dental Plan paid 100 by their respective
boards Counsel also notes that 80 forces in Ontario have their
Dental Plan paid 100 Counsel for the Board proposes no further
change in this article and points out that the parties have agreed
to replace the 1984 Ontario Dental Association fee guide with the
current schedule Mr Firman also submits that only two of the
six local forces provide a VisionCare Plan
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-9shy(--
$33317 in Hawkesbury to $36019 in Elliott Lake with an average
being $34407
Counsel for the Corporation suggests that community
standards are important when considering police salaries He
notes that Civic employees represented by CUPE negotiated a
3 salary increase for 1986 The Towns firefighters also
negotiated a 3 salary increase for the year
Mr Firman introduced the Consumer Price Index (CPI) for
Thunder Bay since no figure is published for Kenora The
percentage increase in the CPI for the period December 3-1 1985
to December 31 1986 is shown to be 276 In view of all these
facts the Commission feels that a 15 increase as proposed by
the Association is not realistic and their proposal of 5 is more
than reasonable
In any interest arbitration process the immediate
difficulty is to select comparable factors for review Police
salaries locally and elsewhere are relevant and are accorded
significant weight The public interest is also an important
consideration because they PBY the bill for police services An
arbitrator must consider the total compensation package The
current economic climate as well as local standards are
relative In sum the interests of both parties must be balanced
(- -10shy
so that a settlement is reasonable and fair for all concerned
The Associations request for a 15 salary increase for
one year must be rejected In my view Kenora Police salaries
should appropriately be compared with other municipal forces A
15 salary improvement is very much out of balance with settleshy
ments in Northwestern Ontario and elsewhere The arbitrator can
find no justification for special consideration in respect of
salaries Previous salaries have been freely negotiated and I see
no reason to interfere
On the other hand a 5 increase would generate a salary of
$33866 for 1986 which is slightly low by comparison It was
established by the Commission that the average salary of a first
class constable in 12 similar sized communities was $34407 A
survey of 105 forces indicates that the average salary is
$34110 The Association suggests that the average salary in Zone
1 for 1986 is $34682
After carefully considering and weighing the submissions
of both counsel I feel that a salary increase of 65 to all
ranks retroactive to January 1 1986 is reasonable and fair and
I so award This increase will provide the first class constable
in Kenora with a salary of $34351 for 1986 This increase is in
-11shy(-
line with other police settlements and the salary appears to be
comparable to those salary comparisons submitted The final
salary for 1986 will enable the Kenora Force to maintain a
relative salary position with forces in Zone 1 as weil as
elsewhere
7 Group Insurance and Dental -- Article 15(b)
This article presently provides for a Blue Cross Dental
Plan number 9 It also includes a provision for a 1984 Ontario
Dental Association fee guide Presently the Board pays thefirst
$13 of the cost The Association proposes that the Board pay 100
of the current plan with the addition of Riders 2 3 and 4 In
addition the Association proposes a Vision Plan paid fully by the
Board Mr Teskey for the Association in support of his position
notes that forces in Fort Frances Terrace Bay Atikokan and
Marathon have their Dental Plan paid 100 by their respective
boards Counsel also notes that 80 forces in Ontario have their
Dental Plan paid 100 Counsel for the Board proposes no further
change in this article and points out that the parties have agreed
to replace the 1984 Ontario Dental Association fee guide with the
current schedule Mr Firman also submits that only two of the
six local forces provide a VisionCare Plan
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
(- -10shy
so that a settlement is reasonable and fair for all concerned
The Associations request for a 15 salary increase for
one year must be rejected In my view Kenora Police salaries
should appropriately be compared with other municipal forces A
15 salary improvement is very much out of balance with settleshy
ments in Northwestern Ontario and elsewhere The arbitrator can
find no justification for special consideration in respect of
salaries Previous salaries have been freely negotiated and I see
no reason to interfere
On the other hand a 5 increase would generate a salary of
$33866 for 1986 which is slightly low by comparison It was
established by the Commission that the average salary of a first
class constable in 12 similar sized communities was $34407 A
survey of 105 forces indicates that the average salary is
$34110 The Association suggests that the average salary in Zone
1 for 1986 is $34682
After carefully considering and weighing the submissions
of both counsel I feel that a salary increase of 65 to all
ranks retroactive to January 1 1986 is reasonable and fair and
I so award This increase will provide the first class constable
in Kenora with a salary of $34351 for 1986 This increase is in
-11shy(-
line with other police settlements and the salary appears to be
comparable to those salary comparisons submitted The final
salary for 1986 will enable the Kenora Force to maintain a
relative salary position with forces in Zone 1 as weil as
elsewhere
7 Group Insurance and Dental -- Article 15(b)
This article presently provides for a Blue Cross Dental
Plan number 9 It also includes a provision for a 1984 Ontario
Dental Association fee guide Presently the Board pays thefirst
$13 of the cost The Association proposes that the Board pay 100
of the current plan with the addition of Riders 2 3 and 4 In
addition the Association proposes a Vision Plan paid fully by the
Board Mr Teskey for the Association in support of his position
notes that forces in Fort Frances Terrace Bay Atikokan and
Marathon have their Dental Plan paid 100 by their respective
boards Counsel also notes that 80 forces in Ontario have their
Dental Plan paid 100 Counsel for the Board proposes no further
change in this article and points out that the parties have agreed
to replace the 1984 Ontario Dental Association fee guide with the
current schedule Mr Firman also submits that only two of the
six local forces provide a VisionCare Plan
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-11shy(-
line with other police settlements and the salary appears to be
comparable to those salary comparisons submitted The final
salary for 1986 will enable the Kenora Force to maintain a
relative salary position with forces in Zone 1 as weil as
elsewhere
7 Group Insurance and Dental -- Article 15(b)
This article presently provides for a Blue Cross Dental
Plan number 9 It also includes a provision for a 1984 Ontario
Dental Association fee guide Presently the Board pays thefirst
$13 of the cost The Association proposes that the Board pay 100
of the current plan with the addition of Riders 2 3 and 4 In
addition the Association proposes a Vision Plan paid fully by the
Board Mr Teskey for the Association in support of his position
notes that forces in Fort Frances Terrace Bay Atikokan and
Marathon have their Dental Plan paid 100 by their respective
boards Counsel also notes that 80 forces in Ontario have their
Dental Plan paid 100 Counsel for the Board proposes no further
change in this article and points out that the parties have agreed
to replace the 1984 Ontario Dental Association fee guide with the
current schedule Mr Firman also submits that only two of the
six local forces provide a VisionCare Plan
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-12shy(-
The arbitrator is sympathetic with respect to the
improvements proposed for the Dental Plan and on the basis of data
submitted there is justification for improvement However the
parties have agreed to the current Ontario Dental Association fee
guide and this agreement is incorporated into and forms part of
this award In view of the fact that this award is for one year
and keeping in mind the total compensation package I am not
prepared to make the changes requested
8 Insurance -- Article 17
At the present time members are covered by life insurance
equal to twice their annual salary The Town pays 70 of the
premium cost of such coverage The Association has requested that
the entire cost of this benefit be borne by the Board In support
of its position the Association argued that 118 forces have Life
Insurance and 97 of those forces have this benefit paid 100 The
Board responded by stating that the current Life Insurance is at
least equal to and probably better than the norm I am impressed
by the evidence presented by the Association Moreover given the
alarming increase in police fatalities in recent times there can
be no doubt that this is an important benefit for pOlicemen and
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-13shyr-
their families However we are dealing with a collective
agreement that is of a one year duration to expire at the end of
1986 In the circumstances both parties will have an opportunity
to address this matter in direct bargaining almost immediately
It is my view that improvements in this benefit should be
implemented on an agreed basis in direct bargaining Therefore
decline to make the award as requested
9 Long Term Disability -- Article 19
Currently each member is covered by a Long Term Disability
Plan with a minimum coverage of 60 of monthly earnings to a
maximum of $1500 per month and the Board pays 100 of the cost
The Association requests that the minimum coverage be increased
from 60 to 75 and remove the maximum of $1500 Both parties
submitted data to support their respective positions and on the
evidence there is justification for improvements However the
arbitrator must take into consideration the total compensation
package for a one year agreement Therefore I am not prepared to
make the award as requested However the Town should out of
fairness and consideration for the interests of its policemen
closely examine this benefit in the next round of negotiations
I
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-14shy(~
10 Time Off for Association Business -- Article 21
Currently one member of the Association is allowed three
consecutive days leave with pay to attend the annual conference of
the Police Association of Ontario The Association requests that
the allowance be increased to 10 working day leave wfth pay for
its authorized members to attend to Association business In
addition there is a request that officers be paid for time spent
in negotiations or arbitration meetings during their - normal
working hours The Corporation is opposed to any change to this
article on the basis that no demonstrated need has been provided
by the Ass 0c i-at ion An examination of the data submitted by both
parties indicates that on average the present three day provision
is low when compared to local and other forces In my view an
improvement is reasonable in light of the evidence submitted
Therefore I direct that Article 21 be amended to provide for six
( 6 ) days of leave with pay to authorized members to attend to
Association business and the annual conference of the Police
Association of Ontario effective December 31 1986
11 Two-ManPatrol Cars -- NewArticle
The Association has two requests in respect of this new
article The first request is for a two-man patrol car between
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-15shyrshy
the hours of 400 pm and 800 am Additionally there is a
request for a minimum of three uniformed officers per shift Mr
Teskey for the Association submits that the officers safety is a
major consideration In further support of his position counsel
points out that Kenora is faced with a serious social problem
namely the excessive use of alcohol He also indicated that
alcohol related arrests accounted for 30 of the occurrences in
1985 Mr Teskey also reminded the arbitrator that both Thunder
Bay and Dryden forces have two-man patrols from 400 pm to 800
am for safety reasons
Counsel for the Board suggests that two-man patrols are
not found in the majority of agreements surveyed He submits
that only one of six forces in Zone 1 provide for two-man
patrols In a survey of 12 other communities Mr Firman
suggests that only four provide for two-man patrols It is his
view that safety efficiency and cost are better served in the
present arrangement It was the Boards position that there are
usually three uniformed officers on duty However it is
conceded that due to manpower shortages there are occasions when
three officers are not on duty
The matter of two-man patrol cars is a very difficult
issue Both sides have expressed a concern for the safety of the
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-16shy(-
men and I share that concern There are procedures designed for
the safety of the officers when on patrol and it is important
that they be followed very closely However provisions for
two-man patrol cars do not appear to be included in the majority
of agreements examined In all of the circumstances and on the
evidence before me I make no order in response to the
Associations request for two-man patrol cars or for three
uniformed officers to be on duty at one time
12 Time Owing -- New Article
The Association proposes that any overtime hours worked
be allowed to accumulate with no limit in an overtime bank
The officer would have the option of receiving a cash payout or
banking the time to be taken off at any time throughout the year
subject to operational requirements Mr Teskey note~ that four
forces in Zone 1 have some form of banking time Mr Firman for
the Board points out that during the summer months the police
force is extremely busy and additional manpower is required
because of holidays and the increased workload The evidence
indicates that some forces have no provision for banking overtime
hours Other forces allow the accumulation of overtime hours
with various limits and at the discretion of the chief In all
of the circumstances I decline to award the changes requested by
the Association
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
(- -17shy
OUTSTANDING ISSUES - CIVILIAN AGREEMENT
13 Salaries
The Association has requested the same percentage
increase awarded to the police officers for the Animal Control
Officer and the Clerk II classification Also that the merit
grid be reduced from the present five years to reflect a four
year grid for Clerk Dispatchers and Clerk II classifications
Further that the Parking Meter positions receive parity with the
Dryden rate and the Night Security position receive the
probationary constables rate The Associations argument is
that they are behind their counterparts in other forces
The Board has proposed that all civilian members receive
the same percentage increase ~s that granted to a first class
constable as this has traditionally been the past practice A
title change for the position of Parking Meter Supervisor to
Parking Meter Attendant is requested by the Commission because
this person does not supervise anyone Mr Firman for the Board
argues that there is no need for reclassification or changes in
the current grid system
Many of the considerations advanced in respect of the
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-18shy(--
uniform agreement are the same for the civilian group it is
noted that some members of this unit work 35 hours while others
work a 40 hour weekly schedule Accordingly after carefully
considering the submissions of both parties it is my award that
all salaries in the civilian agreement be increased by 65
retroactive to January 1 1986
14 Service Pay -- New Article
The Association proposes that all civilian members
receive service pay at the rate of $600 per month for every five
years of continuous service Mr Teskey for the Association
points out that Dryden and Thunder Bay provide for $72 and
Atikokan has a $76 annual allowance for service pay On the
other hand Mr Firman submits that service pay is only applicable
to uniformed officers in police agreements in Ontario and
therefore the proposal should not be granted The matter of
service pay in this instance is reasonable There is a minimal
financial impact with respect to the cost Therefore it is my
award that all civilian members shall receive service pay at the
rate of $600 per month for every five years of continuous
service effective Decesmber 31 1986 Service pay shall be paid
on the first day of December each year
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-19shyr
15 Shift Bonus -- New Article
The Association proposes a new article be included to
provide for the payment of a shift bonus of 40 cents per hour for
Clerk Dispatchers or Clerk IIs who are required to work the 400
pm 11 00 pm or 1200 pm shifts It was the Boards
position that the Clerk Dispatcher was hired for a permanent 400
to 1200 shift and that fact was known at the time of hiring
Shift premiums are well established in both the public and
private sectors however there was insufficient data submitted
by the Association to support their request Therefore I
decline to make an award as requested by the Association
16 Dry Cleaning -- Article 13
The present agreement provides for a cleaning allowance
of $75 per year It is the Associations proposal that uniformed
civilian members be paid the same $110 allowance as presently
paid to police officers It appears that the cleaning allowance
for the civilian staff has been lower than that paid to the
uniformed ranks however no data has been submitted in this
regard Therefore in view of all of the circumstances it is my
award that the cleaning allowance for the Night Security Person
Two Meter Persons and One Animal Control Officer be increased to
$90 per year effective December 31 1986
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
-20shy
(~)
17 Clothing and Equipment -- Article 13
The present agreement provides for one pair of boots for
the Night Security Person It is the Associations proposal -that
the Board supply three pairs of boots every two years (same as
police officers) and thermal underwear or a type of ski pant
Mr Teskey notes that the Night Security Officer wa1ks the
downtown beat and that one pair of boots does not last a year A
request for three pairs of boots every two years is reasonable
and I so award for the Night Security Person effective December
31 1986 There was no data to support the request for thermal
underwear or a type -of ski pant therefore I make no award in
respect of this matter
18 Pension Plan
The Association requests that the Pension Plan be
included in the collective agreement I would note that the
Pension Plan is included in Article 18 of the uniformed
agreement However there was no information provided to the
arbitrator concerning the plan I am reluctant to incorporate
the pension plan in the agreement without fully understanding its
terms Therefore I decline to award this proposal and suggest
that the parties address this matter in the next round of
negotiations
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
~
-21shy
I
have been
incorporate
agreem~nt
believe all
addressed
the terms
of the issues submitted for determination
Accordingly the parties are directed
of this award into the 1985 collective
to
At
this matter
interpretation
the request of
in the event
or implementation
both parties I will remain seized
of any dispute in respect of
of this award
of
the
I
submissions
wish to
excellent
thank
briefs
both counsel
and courtesy in
for
this
their
matter
cogent
Dated at Mississauga this 10th day of April 1987
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