- - - ~ q~ -07 - 466 INNISFIL SEPT 1192shy

McLAREN RH -INTEREST ARB

OPAC AW~RD

I

I

IN THE MATTER POLICE SERVICES

BETWEEN

r~

OF ACT

AN INTEREST ARBITRATION RSO 1990 c C-10

UNDER SECTION 122 OF THE

I

I

~l THE INNISFIL POLICE SERVICES BOARD OF THE

CORPORATION OF THE TOWN OF INNISFIL

(hereinafter called the Town)

I

-and-

I

THE INNISFIL POLICE ASSOCIATION (hereinafter called the Association)

I

I

1992 UNIFORM AND CMLlAN PERSONNELAGREEMENTS

I

ARBITRATOR Richard H McLaren

I

PRESEN11NG FOR THE TOWN B Richard Baldwin

I

PRESENTING FOR THE ASSOCIATION Richard Houston

I

I

I

I

A HEARING IN RELATION TO THIS MATIER WAS HELD AT BARRIE ONTARIO ON AUGUST31 1992

I

I

I

I

I

I

AWARDI

I

I

I The Town of Innisfil is a newly incorporated amalgum of municipalities It

I constitutes the amalgamation of the Township of Innisfil with the Village of Cookstown and

parts of the Township of West Gwillimbwy and the Township of Tecumseh effective January 1 I

1991 Also included within the amalgamation are a number of small communities which I

included Stroud Churchill Thornton Lefroy and A1cona The Innisifil Police Force I

commenced police service of the entire town on May 15 1991 I

I

The Town is a bedroom and farming community situated south of the City of

I Barrie with apopulation of approximately 21000 people There is no major industry within

I the Town other than small business The Town is a mixture of rural and urban areas that

serve as a bedroom community to Barrie on the northern border and metropolitan Toronto to

the south The Town has a 250 square kilometer area encompassing approximately 77000

I

I

acres It has approximately 1000 kilometers of roadways and is split by Highway 400 which I

runs north to south through the Town The area is also an important tourist destination with I

Lake Simcoe along the eastern border I

I

The Association gave notice to bargain on November 28 1991 The parties met

I and negotiated on February 24 and 25 1992 Conciliation commenced on April 23rd On May

I 15 1992 the Solicitor General issued a letter confirming that the parties were not successful

I

I

I

I

- --- -- --------

I

-2shyI

I

in reaching a collective agreement As a consequence the present arbitration proceeding was

I established and the Arbitrator was appointed by the Solicitor-General to deal with the parties

outstanding issues The parties agree that the Arbitrator is properly appointed pursuant toI

the provisions of the Police ServicegtAct s122 and there is no objection to his jurisdiction toI

determine the matters at issue between the parties

I

I The parties have been successful in resolving some of the outstanding issues

between them including the resolution of several issues on the morning of the arbitrationI

hearing It is ordered that those matters which have been agreed upon be incorporated intoI

this award and be included as part of it The parties are directed by the contents of this

I

award to enter into their 1992 collective agreement based upon the directives and orders set

out herein I

I

There are seven outstanding issuesall of which are requests of the

I

Association The parties come before the Arbitrator with very different philosophical

I approaches to the resolution of their dispute The thrust of the submissions on behalf of the

Town emphasize the poor economic conditions in which the Town finds itselfas well as theI

general economy of Ontario which is floundering They emphasize the virtual absence ofI

inflation at approximately 12 of 1 the declining tax base escalating tax arrears in the

I

community and the need for restraint since provincial funding is rising by only 1

I

Behind the approach of the Association is a philosophy that recognizes thatI

these are difficulteconomic times however itisposited that there isno reason why the PoliceI

ought to bear the brunt of the economic difficulties when other employees of the Town have

I

I

I

I

I

-3shyI

I

not been required to do so in their negotiated settlements The Association also makes

I comparisons to other Police Forces in asserting that their claims are appropriate and justified

I

Interest arbitration as a method of dispute resolution while producing a final

I

and binding result to the parties has never been an easy process for Arbitrators It is

becoming a great deal more difficult in these times of economic restraint The Arbitrator isI

becoming the repository of an employers desire to freeze or even claw-back their collective I

bargaining positions with various groups of employees Unions are asking Arbitrators for

unrealistic positions hoping to protect the positions gained in the past and even to improve

their position irrespective of the difficulties of the economic situation Bargaining which has

I

I

ncven been prevalent is non-existent The parties distputes are being dumped on Arbitrators

by employers who find it politically expedient and Unions who expect to do better than by

settling The process wont survive this onslaught The parties will have to make the process

I

I

work by more extensive bargaining or interest arbitration will break down

I

The Town advocates a total freeze of wages and no change in any of the I

contractual provisions of the collective agreement The Towns municipal employees

I represented by the Canadian Union of Public Employees (CUPE) are in the second year of a

two year collective agreement in which they receiveda 25 increase on January 1 1992 and I

a further 15 on July 1 1992 This split percentage represents the same approach used with

I

the Police in their 1991 agreement It formed part of an argument on behalf of the Town for

a freeze in 1992 because of the back-end loaded effect of the 1991 contract The Towns I

I

I

I

I

-4shyI

Firefighters are receiving a 425 increase in the second year of their contract The Town I

certainly negotiated these two year agreements at a time when the economy was more

bouyant than it is at the present time but the fact is that these employees are receiving the

stated wage increases I

I

The difficulty with the application of the Towns approach in this arbitration is

that it advocates that an Arbitrator impose a freeze and a status quo contractual position I

when the Town itself has not yet attempted to negotiate such a position with any of of its I

employees other than this Association If an Arbitrator is to take such an approach to the

collective bargaining process there must be more substantial evidence that the employer

intends to act in a similar fashion with all of its municipal employees The Arbitrator

I

I

appreciates that the Town did not have the opportunity to take that position with other

employees because of 2 year contracts Nevertheless it must act consistently with all of its

employees before it can ask Arbitrators to act in their place and impose a freeze on wages and

I

I

a status quo position with respect to contractual changes The calendar year 1993 will give

I the Town the opportunity to pursue this approach if it determines that it so desires It can

decide then if it is prepared to so act Evidence of such an approach would be compelling to I

an Arbitrator in considering a complete status quo package In light of what the employees of

I the Town in other endeavours are receiving in 1992 as well as what is happening within the

County of Simcoe and City of Barrie with respect to both Public and Secondary School I

teachers and municipal employees it is not appropriate for the Arbitrator to accept the total

I freeze and status quo contractual position of the Town

I

The Arbitrator is not rejecting the philosophical approach behind the

I

I

I

I

-5shyI

I

submissions of the Town 1 am not prepared to carry them to the conclusion of a wage freeze

I and contractual status quo as was so ably advocated by Mr Baldwin without demonstrative

action by the Town Restraint is required and is justified when inflation is 12 of 1 the I

tax base of the Town is not large the arrears are rising dramatically and the local tax I

payers who ultimately pay the Towns bills are themselves not receiving significant increases

I in their wages benefits or tet1TLSof employment The Association in its oral submissions

states that it recognizes these economic difficulties and other restrictions The task of thisI

Arbitrator is to balance the position of both sides in the context of such restraint while not I

accepting the ultimate extension of the position of the Town

I

I There are seven pro~osals of the Association They involve Article 4 shy

Association Rights Article 6 - Salary Rates - In Recognition of 10 Years of Service Article 8I

- Overtime Credit Article 10 - Annual Vacation Article 17 - Insurance Article 26 shyI

Maternity Leave and Salary Rates found in Article 6

I

OUTSTANDING ISSUES I

1 Article 4 - Association Rights I

I

The Association seeks to have new provision inserted into the collective

I agreement which would read as follows

I

404 The Board shall grant time off without loss of pay to fourI

(4) members of the Associations bargaining committee when

required from time to time for negotiations with the BoardI

I

I

I

I

-6shy

I

I

I

I

I

I

I

I

I

I

I

I

A1gtpart of the Towns overall approach to this issue it advocates that there be

no additional clause inserted into the collective agreement as a matter of maintaining the

status quo The Association asserts that there is no provision under the collective agreement

between the parties for time off to negotiate with the Board The Association submits that it

would be considerably easier to conduct bargaining meetings with the legal counsel for the

Town if such a provision were inserted into the contract They concede as a result of the

submissions of the Employer that there had been no difficulties to date for the A1gtsociations

bargaining committee members in switching shifts and otherwise being able to arrange to be

present at bargaining sessions

The Arbitrator finds that in the absence of any difficulties between the two

parties with respect to the bargaining committee members switching shifts and having time

off to do the bargaining there is no necessity for the insertion of such a provision into the

collective agreement 111erefore the Arbitrator rejects the request of the Association for a

new provision dealing with time-off for the bargaining committee of the A1gtsociation

2 Article 6 - Salary Rates (Senior Ranks)

The Association proposes the insertion of a new provision into the collective

agreement which would read as follows

607 An officer who has attained ten (10) years of service shall

be entitled to 1015 of the salary of a First Class

ConstableI

I

I

-7shy

I

I

I

I

I

To the foregoing position it was added in the oral submissions at the hearing

that there could be a rider added along the lines awarded by Arbitrator Jackson in a decision

dated March 21 1991 illvolving the Chatham Police Association In that award this provision

was granted in arbitration provided that the senior member who had more than ten years

service had met the promotional requirements established by the Ontario Police College

Examinations The primary thrust of the submissions on behalf of the Association was to the

effect that this provision was gradually being added to Police Agreements by both negotiation

and arbitration in Ontario This provision is found in many police contracts in Western

Canada

The submission of the Town was that there ought not to be such a provision as part of

its wage freeze proposal They also submitted that the cost of this benefit at a 5 across the

board increase in salary rates which is the request of the Association would be approximately

$12800000 This figure would be much reduced by a lower across the board percentage

increase The oral submission on behalf of the Association to limit the eligible members to

ones who not only had attained the service level but had also passed the Ontario Police

College Examinations for promotion would also decrease the amount

An examination of the data submitted op behalf of the Association in support of

its position reveals that on the whole this provision has been negotiated with only two

arbitrations actually providing the benefit one by Arbitrator Swan in the Peel Regional Police

and the other by Arbitrator Jackson in the Chatham Police arbitration Furthermore most of

the larger Forces in the Province have gone to such a provision but the total number of Forces

I

I

I

I

I

I

I

AWARDI

I

I

I The Town of Innisfil is a newly incorporated amalgum of municipalities It

I constitutes the amalgamation of the Township of Innisfil with the Village of Cookstown and

parts of the Township of West Gwillimbwy and the Township of Tecumseh effective January 1 I

1991 Also included within the amalgamation are a number of small communities which I

included Stroud Churchill Thornton Lefroy and A1cona The Innisifil Police Force I

commenced police service of the entire town on May 15 1991 I

I

The Town is a bedroom and farming community situated south of the City of

I Barrie with apopulation of approximately 21000 people There is no major industry within

I the Town other than small business The Town is a mixture of rural and urban areas that

serve as a bedroom community to Barrie on the northern border and metropolitan Toronto to

the south The Town has a 250 square kilometer area encompassing approximately 77000

I

I

acres It has approximately 1000 kilometers of roadways and is split by Highway 400 which I

runs north to south through the Town The area is also an important tourist destination with I

Lake Simcoe along the eastern border I

I

The Association gave notice to bargain on November 28 1991 The parties met

I and negotiated on February 24 and 25 1992 Conciliation commenced on April 23rd On May

I 15 1992 the Solicitor General issued a letter confirming that the parties were not successful

I

I

I

I

- --- -- --------

I

-2shyI

I

in reaching a collective agreement As a consequence the present arbitration proceeding was

I established and the Arbitrator was appointed by the Solicitor-General to deal with the parties

outstanding issues The parties agree that the Arbitrator is properly appointed pursuant toI

the provisions of the Police ServicegtAct s122 and there is no objection to his jurisdiction toI

determine the matters at issue between the parties

I

I The parties have been successful in resolving some of the outstanding issues

between them including the resolution of several issues on the morning of the arbitrationI

hearing It is ordered that those matters which have been agreed upon be incorporated intoI

this award and be included as part of it The parties are directed by the contents of this

I

award to enter into their 1992 collective agreement based upon the directives and orders set

out herein I

I

There are seven outstanding issuesall of which are requests of the

I

Association The parties come before the Arbitrator with very different philosophical

I approaches to the resolution of their dispute The thrust of the submissions on behalf of the

Town emphasize the poor economic conditions in which the Town finds itselfas well as theI

general economy of Ontario which is floundering They emphasize the virtual absence ofI

inflation at approximately 12 of 1 the declining tax base escalating tax arrears in the

I

community and the need for restraint since provincial funding is rising by only 1

I

Behind the approach of the Association is a philosophy that recognizes thatI

these are difficulteconomic times however itisposited that there isno reason why the PoliceI

ought to bear the brunt of the economic difficulties when other employees of the Town have

I

I

I

I

I

-3shyI

I

not been required to do so in their negotiated settlements The Association also makes

I comparisons to other Police Forces in asserting that their claims are appropriate and justified

I

Interest arbitration as a method of dispute resolution while producing a final

I

and binding result to the parties has never been an easy process for Arbitrators It is

becoming a great deal more difficult in these times of economic restraint The Arbitrator isI

becoming the repository of an employers desire to freeze or even claw-back their collective I

bargaining positions with various groups of employees Unions are asking Arbitrators for

unrealistic positions hoping to protect the positions gained in the past and even to improve

their position irrespective of the difficulties of the economic situation Bargaining which has

I

I

ncven been prevalent is non-existent The parties distputes are being dumped on Arbitrators

by employers who find it politically expedient and Unions who expect to do better than by

settling The process wont survive this onslaught The parties will have to make the process

I

I

work by more extensive bargaining or interest arbitration will break down

I

The Town advocates a total freeze of wages and no change in any of the I

contractual provisions of the collective agreement The Towns municipal employees

I represented by the Canadian Union of Public Employees (CUPE) are in the second year of a

two year collective agreement in which they receiveda 25 increase on January 1 1992 and I

a further 15 on July 1 1992 This split percentage represents the same approach used with

I

the Police in their 1991 agreement It formed part of an argument on behalf of the Town for

a freeze in 1992 because of the back-end loaded effect of the 1991 contract The Towns I

I

I

I

I

-4shyI

Firefighters are receiving a 425 increase in the second year of their contract The Town I

certainly negotiated these two year agreements at a time when the economy was more

bouyant than it is at the present time but the fact is that these employees are receiving the

stated wage increases I

I

The difficulty with the application of the Towns approach in this arbitration is

that it advocates that an Arbitrator impose a freeze and a status quo contractual position I

when the Town itself has not yet attempted to negotiate such a position with any of of its I

employees other than this Association If an Arbitrator is to take such an approach to the

collective bargaining process there must be more substantial evidence that the employer

intends to act in a similar fashion with all of its municipal employees The Arbitrator

I

I

appreciates that the Town did not have the opportunity to take that position with other

employees because of 2 year contracts Nevertheless it must act consistently with all of its

employees before it can ask Arbitrators to act in their place and impose a freeze on wages and

I

I

a status quo position with respect to contractual changes The calendar year 1993 will give

I the Town the opportunity to pursue this approach if it determines that it so desires It can

decide then if it is prepared to so act Evidence of such an approach would be compelling to I

an Arbitrator in considering a complete status quo package In light of what the employees of

I the Town in other endeavours are receiving in 1992 as well as what is happening within the

County of Simcoe and City of Barrie with respect to both Public and Secondary School I

teachers and municipal employees it is not appropriate for the Arbitrator to accept the total

I freeze and status quo contractual position of the Town

I

The Arbitrator is not rejecting the philosophical approach behind the

I

I

I

I

-5shyI

I

submissions of the Town 1 am not prepared to carry them to the conclusion of a wage freeze

I and contractual status quo as was so ably advocated by Mr Baldwin without demonstrative

action by the Town Restraint is required and is justified when inflation is 12 of 1 the I

tax base of the Town is not large the arrears are rising dramatically and the local tax I

payers who ultimately pay the Towns bills are themselves not receiving significant increases

I in their wages benefits or tet1TLSof employment The Association in its oral submissions

states that it recognizes these economic difficulties and other restrictions The task of thisI

Arbitrator is to balance the position of both sides in the context of such restraint while not I

accepting the ultimate extension of the position of the Town

I

I There are seven pro~osals of the Association They involve Article 4 shy

Association Rights Article 6 - Salary Rates - In Recognition of 10 Years of Service Article 8I

- Overtime Credit Article 10 - Annual Vacation Article 17 - Insurance Article 26 shyI

Maternity Leave and Salary Rates found in Article 6

I

OUTSTANDING ISSUES I

1 Article 4 - Association Rights I

I

The Association seeks to have new provision inserted into the collective

I agreement which would read as follows

I

404 The Board shall grant time off without loss of pay to fourI

(4) members of the Associations bargaining committee when

required from time to time for negotiations with the BoardI

I

I

I

I

-6shy

I

I

I

I

I

I

I

I

I

I

I

I

A1gtpart of the Towns overall approach to this issue it advocates that there be

no additional clause inserted into the collective agreement as a matter of maintaining the

status quo The Association asserts that there is no provision under the collective agreement

between the parties for time off to negotiate with the Board The Association submits that it

would be considerably easier to conduct bargaining meetings with the legal counsel for the

Town if such a provision were inserted into the contract They concede as a result of the

submissions of the Employer that there had been no difficulties to date for the A1gtsociations

bargaining committee members in switching shifts and otherwise being able to arrange to be

present at bargaining sessions

The Arbitrator finds that in the absence of any difficulties between the two

parties with respect to the bargaining committee members switching shifts and having time

off to do the bargaining there is no necessity for the insertion of such a provision into the

collective agreement 111erefore the Arbitrator rejects the request of the Association for a

new provision dealing with time-off for the bargaining committee of the A1gtsociation

2 Article 6 - Salary Rates (Senior Ranks)

The Association proposes the insertion of a new provision into the collective

agreement which would read as follows

607 An officer who has attained ten (10) years of service shall

be entitled to 1015 of the salary of a First Class

ConstableI

I

I

-7shy

I

I

I

I

I

To the foregoing position it was added in the oral submissions at the hearing

that there could be a rider added along the lines awarded by Arbitrator Jackson in a decision

dated March 21 1991 illvolving the Chatham Police Association In that award this provision

was granted in arbitration provided that the senior member who had more than ten years

service had met the promotional requirements established by the Ontario Police College

Examinations The primary thrust of the submissions on behalf of the Association was to the

effect that this provision was gradually being added to Police Agreements by both negotiation

and arbitration in Ontario This provision is found in many police contracts in Western

Canada

The submission of the Town was that there ought not to be such a provision as part of

its wage freeze proposal They also submitted that the cost of this benefit at a 5 across the

board increase in salary rates which is the request of the Association would be approximately

$12800000 This figure would be much reduced by a lower across the board percentage

increase The oral submission on behalf of the Association to limit the eligible members to

ones who not only had attained the service level but had also passed the Ontario Police

College Examinations for promotion would also decrease the amount

An examination of the data submitted op behalf of the Association in support of

its position reveals that on the whole this provision has been negotiated with only two

arbitrations actually providing the benefit one by Arbitrator Swan in the Peel Regional Police

and the other by Arbitrator Jackson in the Chatham Police arbitration Furthermore most of

the larger Forces in the Province have gone to such a provision but the total number of Forces

I

I

I

- --- -- --------

I

-2shyI

I

in reaching a collective agreement As a consequence the present arbitration proceeding was

I established and the Arbitrator was appointed by the Solicitor-General to deal with the parties

outstanding issues The parties agree that the Arbitrator is properly appointed pursuant toI

the provisions of the Police ServicegtAct s122 and there is no objection to his jurisdiction toI

determine the matters at issue between the parties

I

I The parties have been successful in resolving some of the outstanding issues

between them including the resolution of several issues on the morning of the arbitrationI

hearing It is ordered that those matters which have been agreed upon be incorporated intoI

this award and be included as part of it The parties are directed by the contents of this

I

award to enter into their 1992 collective agreement based upon the directives and orders set

out herein I

I

There are seven outstanding issuesall of which are requests of the

I

Association The parties come before the Arbitrator with very different philosophical

I approaches to the resolution of their dispute The thrust of the submissions on behalf of the

Town emphasize the poor economic conditions in which the Town finds itselfas well as theI

general economy of Ontario which is floundering They emphasize the virtual absence ofI

inflation at approximately 12 of 1 the declining tax base escalating tax arrears in the

I

community and the need for restraint since provincial funding is rising by only 1

I

Behind the approach of the Association is a philosophy that recognizes thatI

these are difficulteconomic times however itisposited that there isno reason why the PoliceI

ought to bear the brunt of the economic difficulties when other employees of the Town have

I

I

I

I

I

-3shyI

I

not been required to do so in their negotiated settlements The Association also makes

I comparisons to other Police Forces in asserting that their claims are appropriate and justified

I

Interest arbitration as a method of dispute resolution while producing a final

I

and binding result to the parties has never been an easy process for Arbitrators It is

becoming a great deal more difficult in these times of economic restraint The Arbitrator isI

becoming the repository of an employers desire to freeze or even claw-back their collective I

bargaining positions with various groups of employees Unions are asking Arbitrators for

unrealistic positions hoping to protect the positions gained in the past and even to improve

their position irrespective of the difficulties of the economic situation Bargaining which has

I

I

ncven been prevalent is non-existent The parties distputes are being dumped on Arbitrators

by employers who find it politically expedient and Unions who expect to do better than by

settling The process wont survive this onslaught The parties will have to make the process

I

I

work by more extensive bargaining or interest arbitration will break down

I

The Town advocates a total freeze of wages and no change in any of the I

contractual provisions of the collective agreement The Towns municipal employees

I represented by the Canadian Union of Public Employees (CUPE) are in the second year of a

two year collective agreement in which they receiveda 25 increase on January 1 1992 and I

a further 15 on July 1 1992 This split percentage represents the same approach used with

I

the Police in their 1991 agreement It formed part of an argument on behalf of the Town for

a freeze in 1992 because of the back-end loaded effect of the 1991 contract The Towns I

I

I

I

I

-4shyI

Firefighters are receiving a 425 increase in the second year of their contract The Town I

certainly negotiated these two year agreements at a time when the economy was more

bouyant than it is at the present time but the fact is that these employees are receiving the

stated wage increases I

I

The difficulty with the application of the Towns approach in this arbitration is

that it advocates that an Arbitrator impose a freeze and a status quo contractual position I

when the Town itself has not yet attempted to negotiate such a position with any of of its I

employees other than this Association If an Arbitrator is to take such an approach to the

collective bargaining process there must be more substantial evidence that the employer

intends to act in a similar fashion with all of its municipal employees The Arbitrator

I

I

appreciates that the Town did not have the opportunity to take that position with other

employees because of 2 year contracts Nevertheless it must act consistently with all of its

employees before it can ask Arbitrators to act in their place and impose a freeze on wages and

I

I

a status quo position with respect to contractual changes The calendar year 1993 will give

I the Town the opportunity to pursue this approach if it determines that it so desires It can

decide then if it is prepared to so act Evidence of such an approach would be compelling to I

an Arbitrator in considering a complete status quo package In light of what the employees of

I the Town in other endeavours are receiving in 1992 as well as what is happening within the

County of Simcoe and City of Barrie with respect to both Public and Secondary School I

teachers and municipal employees it is not appropriate for the Arbitrator to accept the total

I freeze and status quo contractual position of the Town

I

The Arbitrator is not rejecting the philosophical approach behind the

I

I

I

I

-5shyI

I

submissions of the Town 1 am not prepared to carry them to the conclusion of a wage freeze

I and contractual status quo as was so ably advocated by Mr Baldwin without demonstrative

action by the Town Restraint is required and is justified when inflation is 12 of 1 the I

tax base of the Town is not large the arrears are rising dramatically and the local tax I

payers who ultimately pay the Towns bills are themselves not receiving significant increases

I in their wages benefits or tet1TLSof employment The Association in its oral submissions

states that it recognizes these economic difficulties and other restrictions The task of thisI

Arbitrator is to balance the position of both sides in the context of such restraint while not I

accepting the ultimate extension of the position of the Town

I

I There are seven pro~osals of the Association They involve Article 4 shy

Association Rights Article 6 - Salary Rates - In Recognition of 10 Years of Service Article 8I

- Overtime Credit Article 10 - Annual Vacation Article 17 - Insurance Article 26 shyI

Maternity Leave and Salary Rates found in Article 6

I

OUTSTANDING ISSUES I

1 Article 4 - Association Rights I

I

The Association seeks to have new provision inserted into the collective

I agreement which would read as follows

I

404 The Board shall grant time off without loss of pay to fourI

(4) members of the Associations bargaining committee when

required from time to time for negotiations with the BoardI

I

I

I

I

-6shy

I

I

I

I

I

I

I

I

I

I

I

I

A1gtpart of the Towns overall approach to this issue it advocates that there be

no additional clause inserted into the collective agreement as a matter of maintaining the

status quo The Association asserts that there is no provision under the collective agreement

between the parties for time off to negotiate with the Board The Association submits that it

would be considerably easier to conduct bargaining meetings with the legal counsel for the

Town if such a provision were inserted into the contract They concede as a result of the

submissions of the Employer that there had been no difficulties to date for the A1gtsociations

bargaining committee members in switching shifts and otherwise being able to arrange to be

present at bargaining sessions

The Arbitrator finds that in the absence of any difficulties between the two

parties with respect to the bargaining committee members switching shifts and having time

off to do the bargaining there is no necessity for the insertion of such a provision into the

collective agreement 111erefore the Arbitrator rejects the request of the Association for a

new provision dealing with time-off for the bargaining committee of the A1gtsociation

2 Article 6 - Salary Rates (Senior Ranks)

The Association proposes the insertion of a new provision into the collective

agreement which would read as follows

607 An officer who has attained ten (10) years of service shall

be entitled to 1015 of the salary of a First Class

ConstableI

I

I

-7shy

I

I

I

I

I

To the foregoing position it was added in the oral submissions at the hearing

that there could be a rider added along the lines awarded by Arbitrator Jackson in a decision

dated March 21 1991 illvolving the Chatham Police Association In that award this provision

was granted in arbitration provided that the senior member who had more than ten years

service had met the promotional requirements established by the Ontario Police College

Examinations The primary thrust of the submissions on behalf of the Association was to the

effect that this provision was gradually being added to Police Agreements by both negotiation

and arbitration in Ontario This provision is found in many police contracts in Western

Canada

The submission of the Town was that there ought not to be such a provision as part of

its wage freeze proposal They also submitted that the cost of this benefit at a 5 across the

board increase in salary rates which is the request of the Association would be approximately

$12800000 This figure would be much reduced by a lower across the board percentage

increase The oral submission on behalf of the Association to limit the eligible members to

ones who not only had attained the service level but had also passed the Ontario Police

College Examinations for promotion would also decrease the amount

An examination of the data submitted op behalf of the Association in support of

its position reveals that on the whole this provision has been negotiated with only two

arbitrations actually providing the benefit one by Arbitrator Swan in the Peel Regional Police

and the other by Arbitrator Jackson in the Chatham Police arbitration Furthermore most of

the larger Forces in the Province have gone to such a provision but the total number of Forces

I

I

I

I

-3shyI

I

not been required to do so in their negotiated settlements The Association also makes

I comparisons to other Police Forces in asserting that their claims are appropriate and justified

I

Interest arbitration as a method of dispute resolution while producing a final

I

and binding result to the parties has never been an easy process for Arbitrators It is

becoming a great deal more difficult in these times of economic restraint The Arbitrator isI

becoming the repository of an employers desire to freeze or even claw-back their collective I

bargaining positions with various groups of employees Unions are asking Arbitrators for

unrealistic positions hoping to protect the positions gained in the past and even to improve

their position irrespective of the difficulties of the economic situation Bargaining which has

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ncven been prevalent is non-existent The parties distputes are being dumped on Arbitrators

by employers who find it politically expedient and Unions who expect to do better than by

settling The process wont survive this onslaught The parties will have to make the process

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work by more extensive bargaining or interest arbitration will break down

I

The Town advocates a total freeze of wages and no change in any of the I

contractual provisions of the collective agreement The Towns municipal employees

I represented by the Canadian Union of Public Employees (CUPE) are in the second year of a

two year collective agreement in which they receiveda 25 increase on January 1 1992 and I

a further 15 on July 1 1992 This split percentage represents the same approach used with

I

the Police in their 1991 agreement It formed part of an argument on behalf of the Town for

a freeze in 1992 because of the back-end loaded effect of the 1991 contract The Towns I

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Firefighters are receiving a 425 increase in the second year of their contract The Town I

certainly negotiated these two year agreements at a time when the economy was more

bouyant than it is at the present time but the fact is that these employees are receiving the

stated wage increases I

I

The difficulty with the application of the Towns approach in this arbitration is

that it advocates that an Arbitrator impose a freeze and a status quo contractual position I

when the Town itself has not yet attempted to negotiate such a position with any of of its I

employees other than this Association If an Arbitrator is to take such an approach to the

collective bargaining process there must be more substantial evidence that the employer

intends to act in a similar fashion with all of its municipal employees The Arbitrator

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I

appreciates that the Town did not have the opportunity to take that position with other

employees because of 2 year contracts Nevertheless it must act consistently with all of its

employees before it can ask Arbitrators to act in their place and impose a freeze on wages and

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I

a status quo position with respect to contractual changes The calendar year 1993 will give

I the Town the opportunity to pursue this approach if it determines that it so desires It can

decide then if it is prepared to so act Evidence of such an approach would be compelling to I

an Arbitrator in considering a complete status quo package In light of what the employees of

I the Town in other endeavours are receiving in 1992 as well as what is happening within the

County of Simcoe and City of Barrie with respect to both Public and Secondary School I

teachers and municipal employees it is not appropriate for the Arbitrator to accept the total

I freeze and status quo contractual position of the Town

I

The Arbitrator is not rejecting the philosophical approach behind the

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-5shyI

I

submissions of the Town 1 am not prepared to carry them to the conclusion of a wage freeze

I and contractual status quo as was so ably advocated by Mr Baldwin without demonstrative

action by the Town Restraint is required and is justified when inflation is 12 of 1 the I

tax base of the Town is not large the arrears are rising dramatically and the local tax I

payers who ultimately pay the Towns bills are themselves not receiving significant increases

I in their wages benefits or tet1TLSof employment The Association in its oral submissions

states that it recognizes these economic difficulties and other restrictions The task of thisI

Arbitrator is to balance the position of both sides in the context of such restraint while not I

accepting the ultimate extension of the position of the Town

I

I There are seven pro~osals of the Association They involve Article 4 shy

Association Rights Article 6 - Salary Rates - In Recognition of 10 Years of Service Article 8I

- Overtime Credit Article 10 - Annual Vacation Article 17 - Insurance Article 26 shyI

Maternity Leave and Salary Rates found in Article 6

I

OUTSTANDING ISSUES I

1 Article 4 - Association Rights I

I

The Association seeks to have new provision inserted into the collective

I agreement which would read as follows

I

404 The Board shall grant time off without loss of pay to fourI

(4) members of the Associations bargaining committee when

required from time to time for negotiations with the BoardI

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-6shy

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A1gtpart of the Towns overall approach to this issue it advocates that there be

no additional clause inserted into the collective agreement as a matter of maintaining the

status quo The Association asserts that there is no provision under the collective agreement

between the parties for time off to negotiate with the Board The Association submits that it

would be considerably easier to conduct bargaining meetings with the legal counsel for the

Town if such a provision were inserted into the contract They concede as a result of the

submissions of the Employer that there had been no difficulties to date for the A1gtsociations

bargaining committee members in switching shifts and otherwise being able to arrange to be

present at bargaining sessions

The Arbitrator finds that in the absence of any difficulties between the two

parties with respect to the bargaining committee members switching shifts and having time

off to do the bargaining there is no necessity for the insertion of such a provision into the

collective agreement 111erefore the Arbitrator rejects the request of the Association for a

new provision dealing with time-off for the bargaining committee of the A1gtsociation

2 Article 6 - Salary Rates (Senior Ranks)

The Association proposes the insertion of a new provision into the collective

agreement which would read as follows

607 An officer who has attained ten (10) years of service shall

be entitled to 1015 of the salary of a First Class

ConstableI

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-7shy

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To the foregoing position it was added in the oral submissions at the hearing

that there could be a rider added along the lines awarded by Arbitrator Jackson in a decision

dated March 21 1991 illvolving the Chatham Police Association In that award this provision

was granted in arbitration provided that the senior member who had more than ten years

service had met the promotional requirements established by the Ontario Police College

Examinations The primary thrust of the submissions on behalf of the Association was to the

effect that this provision was gradually being added to Police Agreements by both negotiation

and arbitration in Ontario This provision is found in many police contracts in Western

Canada

The submission of the Town was that there ought not to be such a provision as part of

its wage freeze proposal They also submitted that the cost of this benefit at a 5 across the

board increase in salary rates which is the request of the Association would be approximately

$12800000 This figure would be much reduced by a lower across the board percentage

increase The oral submission on behalf of the Association to limit the eligible members to

ones who not only had attained the service level but had also passed the Ontario Police

College Examinations for promotion would also decrease the amount

An examination of the data submitted op behalf of the Association in support of

its position reveals that on the whole this provision has been negotiated with only two

arbitrations actually providing the benefit one by Arbitrator Swan in the Peel Regional Police

and the other by Arbitrator Jackson in the Chatham Police arbitration Furthermore most of

the larger Forces in the Province have gone to such a provision but the total number of Forces

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-4shyI

Firefighters are receiving a 425 increase in the second year of their contract The Town I

certainly negotiated these two year agreements at a time when the economy was more

bouyant than it is at the present time but the fact is that these employees are receiving the

stated wage increases I

I

The difficulty with the application of the Towns approach in this arbitration is

that it advocates that an Arbitrator impose a freeze and a status quo contractual position I

when the Town itself has not yet attempted to negotiate such a position with any of of its I

employees other than this Association If an Arbitrator is to take such an approach to the

collective bargaining process there must be more substantial evidence that the employer

intends to act in a similar fashion with all of its municipal employees The Arbitrator

I

I

appreciates that the Town did not have the opportunity to take that position with other

employees because of 2 year contracts Nevertheless it must act consistently with all of its

employees before it can ask Arbitrators to act in their place and impose a freeze on wages and

I

I

a status quo position with respect to contractual changes The calendar year 1993 will give

I the Town the opportunity to pursue this approach if it determines that it so desires It can

decide then if it is prepared to so act Evidence of such an approach would be compelling to I

an Arbitrator in considering a complete status quo package In light of what the employees of

I the Town in other endeavours are receiving in 1992 as well as what is happening within the

County of Simcoe and City of Barrie with respect to both Public and Secondary School I

teachers and municipal employees it is not appropriate for the Arbitrator to accept the total

I freeze and status quo contractual position of the Town

I

The Arbitrator is not rejecting the philosophical approach behind the

I

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-5shyI

I

submissions of the Town 1 am not prepared to carry them to the conclusion of a wage freeze

I and contractual status quo as was so ably advocated by Mr Baldwin without demonstrative

action by the Town Restraint is required and is justified when inflation is 12 of 1 the I

tax base of the Town is not large the arrears are rising dramatically and the local tax I

payers who ultimately pay the Towns bills are themselves not receiving significant increases

I in their wages benefits or tet1TLSof employment The Association in its oral submissions

states that it recognizes these economic difficulties and other restrictions The task of thisI

Arbitrator is to balance the position of both sides in the context of such restraint while not I

accepting the ultimate extension of the position of the Town

I

I There are seven pro~osals of the Association They involve Article 4 shy

Association Rights Article 6 - Salary Rates - In Recognition of 10 Years of Service Article 8I

- Overtime Credit Article 10 - Annual Vacation Article 17 - Insurance Article 26 shyI

Maternity Leave and Salary Rates found in Article 6

I

OUTSTANDING ISSUES I

1 Article 4 - Association Rights I

I

The Association seeks to have new provision inserted into the collective

I agreement which would read as follows

I

404 The Board shall grant time off without loss of pay to fourI

(4) members of the Associations bargaining committee when

required from time to time for negotiations with the BoardI

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-6shy

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A1gtpart of the Towns overall approach to this issue it advocates that there be

no additional clause inserted into the collective agreement as a matter of maintaining the

status quo The Association asserts that there is no provision under the collective agreement

between the parties for time off to negotiate with the Board The Association submits that it

would be considerably easier to conduct bargaining meetings with the legal counsel for the

Town if such a provision were inserted into the contract They concede as a result of the

submissions of the Employer that there had been no difficulties to date for the A1gtsociations

bargaining committee members in switching shifts and otherwise being able to arrange to be

present at bargaining sessions

The Arbitrator finds that in the absence of any difficulties between the two

parties with respect to the bargaining committee members switching shifts and having time

off to do the bargaining there is no necessity for the insertion of such a provision into the

collective agreement 111erefore the Arbitrator rejects the request of the Association for a

new provision dealing with time-off for the bargaining committee of the A1gtsociation

2 Article 6 - Salary Rates (Senior Ranks)

The Association proposes the insertion of a new provision into the collective

agreement which would read as follows

607 An officer who has attained ten (10) years of service shall

be entitled to 1015 of the salary of a First Class

ConstableI

I

I

-7shy

I

I

I

I

I

To the foregoing position it was added in the oral submissions at the hearing

that there could be a rider added along the lines awarded by Arbitrator Jackson in a decision

dated March 21 1991 illvolving the Chatham Police Association In that award this provision

was granted in arbitration provided that the senior member who had more than ten years

service had met the promotional requirements established by the Ontario Police College

Examinations The primary thrust of the submissions on behalf of the Association was to the

effect that this provision was gradually being added to Police Agreements by both negotiation

and arbitration in Ontario This provision is found in many police contracts in Western

Canada

The submission of the Town was that there ought not to be such a provision as part of

its wage freeze proposal They also submitted that the cost of this benefit at a 5 across the

board increase in salary rates which is the request of the Association would be approximately

$12800000 This figure would be much reduced by a lower across the board percentage

increase The oral submission on behalf of the Association to limit the eligible members to

ones who not only had attained the service level but had also passed the Ontario Police

College Examinations for promotion would also decrease the amount

An examination of the data submitted op behalf of the Association in support of

its position reveals that on the whole this provision has been negotiated with only two

arbitrations actually providing the benefit one by Arbitrator Swan in the Peel Regional Police

and the other by Arbitrator Jackson in the Chatham Police arbitration Furthermore most of

the larger Forces in the Province have gone to such a provision but the total number of Forces

I

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-5shyI

I

submissions of the Town 1 am not prepared to carry them to the conclusion of a wage freeze

I and contractual status quo as was so ably advocated by Mr Baldwin without demonstrative

action by the Town Restraint is required and is justified when inflation is 12 of 1 the I

tax base of the Town is not large the arrears are rising dramatically and the local tax I

payers who ultimately pay the Towns bills are themselves not receiving significant increases

I in their wages benefits or tet1TLSof employment The Association in its oral submissions

states that it recognizes these economic difficulties and other restrictions The task of thisI

Arbitrator is to balance the position of both sides in the context of such restraint while not I

accepting the ultimate extension of the position of the Town

I

I There are seven pro~osals of the Association They involve Article 4 shy

Association Rights Article 6 - Salary Rates - In Recognition of 10 Years of Service Article 8I

- Overtime Credit Article 10 - Annual Vacation Article 17 - Insurance Article 26 shyI

Maternity Leave and Salary Rates found in Article 6

I

OUTSTANDING ISSUES I

1 Article 4 - Association Rights I

I

The Association seeks to have new provision inserted into the collective

I agreement which would read as follows

I

404 The Board shall grant time off without loss of pay to fourI

(4) members of the Associations bargaining committee when

required from time to time for negotiations with the BoardI

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-6shy

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A1gtpart of the Towns overall approach to this issue it advocates that there be

no additional clause inserted into the collective agreement as a matter of maintaining the

status quo The Association asserts that there is no provision under the collective agreement

between the parties for time off to negotiate with the Board The Association submits that it

would be considerably easier to conduct bargaining meetings with the legal counsel for the

Town if such a provision were inserted into the contract They concede as a result of the

submissions of the Employer that there had been no difficulties to date for the A1gtsociations

bargaining committee members in switching shifts and otherwise being able to arrange to be

present at bargaining sessions

The Arbitrator finds that in the absence of any difficulties between the two

parties with respect to the bargaining committee members switching shifts and having time

off to do the bargaining there is no necessity for the insertion of such a provision into the

collective agreement 111erefore the Arbitrator rejects the request of the Association for a

new provision dealing with time-off for the bargaining committee of the A1gtsociation

2 Article 6 - Salary Rates (Senior Ranks)

The Association proposes the insertion of a new provision into the collective

agreement which would read as follows

607 An officer who has attained ten (10) years of service shall

be entitled to 1015 of the salary of a First Class

ConstableI

I

I

-7shy

I

I

I

I

I

To the foregoing position it was added in the oral submissions at the hearing

that there could be a rider added along the lines awarded by Arbitrator Jackson in a decision

dated March 21 1991 illvolving the Chatham Police Association In that award this provision

was granted in arbitration provided that the senior member who had more than ten years

service had met the promotional requirements established by the Ontario Police College

Examinations The primary thrust of the submissions on behalf of the Association was to the

effect that this provision was gradually being added to Police Agreements by both negotiation

and arbitration in Ontario This provision is found in many police contracts in Western

Canada

The submission of the Town was that there ought not to be such a provision as part of

its wage freeze proposal They also submitted that the cost of this benefit at a 5 across the

board increase in salary rates which is the request of the Association would be approximately

$12800000 This figure would be much reduced by a lower across the board percentage

increase The oral submission on behalf of the Association to limit the eligible members to

ones who not only had attained the service level but had also passed the Ontario Police

College Examinations for promotion would also decrease the amount

An examination of the data submitted op behalf of the Association in support of

its position reveals that on the whole this provision has been negotiated with only two

arbitrations actually providing the benefit one by Arbitrator Swan in the Peel Regional Police

and the other by Arbitrator Jackson in the Chatham Police arbitration Furthermore most of

the larger Forces in the Province have gone to such a provision but the total number of Forces

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-6shy

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A1gtpart of the Towns overall approach to this issue it advocates that there be

no additional clause inserted into the collective agreement as a matter of maintaining the

status quo The Association asserts that there is no provision under the collective agreement

between the parties for time off to negotiate with the Board The Association submits that it

would be considerably easier to conduct bargaining meetings with the legal counsel for the

Town if such a provision were inserted into the contract They concede as a result of the

submissions of the Employer that there had been no difficulties to date for the A1gtsociations

bargaining committee members in switching shifts and otherwise being able to arrange to be

present at bargaining sessions

The Arbitrator finds that in the absence of any difficulties between the two

parties with respect to the bargaining committee members switching shifts and having time

off to do the bargaining there is no necessity for the insertion of such a provision into the

collective agreement 111erefore the Arbitrator rejects the request of the Association for a

new provision dealing with time-off for the bargaining committee of the A1gtsociation

2 Article 6 - Salary Rates (Senior Ranks)

The Association proposes the insertion of a new provision into the collective

agreement which would read as follows

607 An officer who has attained ten (10) years of service shall

be entitled to 1015 of the salary of a First Class

ConstableI

I

I

-7shy

I

I

I

I

I

To the foregoing position it was added in the oral submissions at the hearing

that there could be a rider added along the lines awarded by Arbitrator Jackson in a decision

dated March 21 1991 illvolving the Chatham Police Association In that award this provision

was granted in arbitration provided that the senior member who had more than ten years

service had met the promotional requirements established by the Ontario Police College

Examinations The primary thrust of the submissions on behalf of the Association was to the

effect that this provision was gradually being added to Police Agreements by both negotiation

and arbitration in Ontario This provision is found in many police contracts in Western

Canada

The submission of the Town was that there ought not to be such a provision as part of

its wage freeze proposal They also submitted that the cost of this benefit at a 5 across the

board increase in salary rates which is the request of the Association would be approximately

$12800000 This figure would be much reduced by a lower across the board percentage

increase The oral submission on behalf of the Association to limit the eligible members to

ones who not only had attained the service level but had also passed the Ontario Police

College Examinations for promotion would also decrease the amount

An examination of the data submitted op behalf of the Association in support of

its position reveals that on the whole this provision has been negotiated with only two

arbitrations actually providing the benefit one by Arbitrator Swan in the Peel Regional Police

and the other by Arbitrator Jackson in the Chatham Police arbitration Furthermore most of

the larger Forces in the Province have gone to such a provision but the total number of Forces

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-7shy

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To the foregoing position it was added in the oral submissions at the hearing

that there could be a rider added along the lines awarded by Arbitrator Jackson in a decision

dated March 21 1991 illvolving the Chatham Police Association In that award this provision

was granted in arbitration provided that the senior member who had more than ten years

service had met the promotional requirements established by the Ontario Police College

Examinations The primary thrust of the submissions on behalf of the Association was to the

effect that this provision was gradually being added to Police Agreements by both negotiation

and arbitration in Ontario This provision is found in many police contracts in Western

Canada

The submission of the Town was that there ought not to be such a provision as part of

its wage freeze proposal They also submitted that the cost of this benefit at a 5 across the

board increase in salary rates which is the request of the Association would be approximately

$12800000 This figure would be much reduced by a lower across the board percentage

increase The oral submission on behalf of the Association to limit the eligible members to

ones who not only had attained the service level but had also passed the Ontario Police

College Examinations for promotion would also decrease the amount

An examination of the data submitted op behalf of the Association in support of

its position reveals that on the whole this provision has been negotiated with only two

arbitrations actually providing the benefit one by Arbitrator Swan in the Peel Regional Police

and the other by Arbitrator Jackson in the Chatham Police arbitration Furthermore most of

the larger Forces in the Province have gone to such a provision but the total number of Forces

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with the provision is only 19 out of 101 forces in the Province

The Arbitrator has taken the approach in this arbitration proce~ding that if

there is to be a reflection of restraint in the difficult economic times this is an area where it

can well be reflected in a decision by the Arbitrator The senior officers are earning larger

sums of money assuming that they have by ten years achieved First Class Constables rate of

pay Thus any percentage increase has a greater dollar impact for them than it does for

more junior officers who are not yet at the First Class Constable rate of pay They are

therefore being compensated in terms of dollar amounts a greater amount for their service

than are less senior employees While the Association submits that there is limited

opportunity for promotional advancement within the force because of its structure and nature

there are a number of senior Constables who ought to receive a pay increase beyond the

standard one The Arbitrator finds that while it clearly has been a negotiated benefit in a

number of the larger forces in the province such as Metro Toronto Ottawa London Kingston

Hamilton-Wentworth Halton Regional Peel Region Windsor Guelph Sault Ste Marie and

Durham Region it has not really become a benefit within the smaller sized forces such as the

Innisfil Police Force which is comprised of thiry-two uniform personnel and twelve civilian

personnel in a community of slightly more than 20000 in population This trend only began in

1990 with no police force in the Province of Ontario having a senior Constable rate before

that time It is not appropriate in these times of eConomic restraint for the Arbitrator to

award an entirely new provision which is clearly only beginning to form a part of the Police

Agreements throughout the Province of Ontario and in particularly with a smaller sized force

such as this one Therefore the submissions of the Association for a new

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provision in the collective agreement are rejected

3 Article 8 - Overtime Credits

The provision in the expired collective agreement reads as follows

804 When a member is called back to duty after he has reported

off duty and before his next ~owing ~our of duty he

shall receive a minimum of ~Mree (3) hOurs for each such

call back calculated at the byertime rate and shall be paid

for each such call back in conformance with paragraph 801

The Association proposes that this provision be increased from three hours to

four The Town as part of its general status quo position on all contractual provisions

maintains that there ought to be not change in the number of hours in Article 804

The rationale of the Association for this submission is that out of the 114 police

forces included in the Police Association of Ontario Survey of Wages and Working Conditions

during 1991 50 provided this benefit or a greater one while 45 provided the same benefit In

comparing forces of the same size population and location 17 out of the 25 forces provided

the same benefit as requested and of those 17 2 provide the greater benefit of 5 hrs The

other submission of the Association is based on the fact that the Article dealing with I

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CoW1appearances in 805 provides for a premium of 4 hours at a time and one-half when

police are called for a court attendance

I The Town submits that the alteration is not justified when the collective

agreements of the surrounding police forces in Collingwood Orillia and Penatangueshene are I

examined The Town also adds that financial difficulties justify its position in not wanting to

increase compensation costs for the Police Force I

TIle Arbitrator finds that while there is a divergence of approaches within the

Simcoe County area as submitted by the Town with respect to this provision there is

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sufficient data to suggest that it is a benefit enjoyed by a number of forces of this size

throughout the Province of Ontario However the most compelling reason for an alteration I

of this provision is that there appears to be no particular reason why officers called back for

special duties which should receive a minimum guarantee which is less than officers who are I

called in for court appearances Article 805 provides a four hour rate for court appearances

I and it would seem that a similar minimum guarantee ought to be provided for officers when

they are called in Therefore the request of the Association is accepted It is ordered that I

Article 804 be altered to indicate that the call-back rate is to be a minimum of four hours

I

4 Article 10 - AtmualVacation

I

The provision in the expired collective agreement reads as follows I

1001 For the purposes of this article days of rest to beI included with annual vacation shall be as follows

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(i) For police officers working a 12 hour shift the

four (4) days rest following their last day ofI

vacation of their normally scheduled 48 work

I period

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(ii) For civilian members working a 12 hour shift all

remaining calendar days included in a Sunday toI

Saturday calendar week

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(iii)For members working a 10 hour shift the remainingI 3 rest days included in a Sunday to Saturday

calendar weekI

I (iv) For members working an 8 hour shift the remaining

2 rest days included in a Sunday to SaturdayI calendar week

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1002 Every member who has completed one (1) year of service

I is entitled to eighty (80) hours vacation with full

pay plus days of restI

1003 Every member who has completed four (4) years ofI

service is entitled to one hundred and twenty (120)

I hours of vacation with full pay plus days of rest

I 1004 Every member who has completed nine (9) years of

service is entitled to one hundred and sixty (160)I

hours of vacation with full pay plus days of rest

I

1005 Every member who has completed eighteen (18) years ofI service is entitled to two hundred (200) hours of

vacation with full pay plus days of restI

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1006(i) Every member who has completed twenty-six (26) years of

service is entitled to two hundred and eight (208)

hours of vacation with full pay plus days of rest

ii) Every member who has completed twenty-seven (27) years

of service is entitled to two hundred and sixteen (216)

hours of vacation with full pay plus days of rest

iii) Every member who has completed twenty-eight (28) years

of service is entitled to two hundred and forty (240)

hours of vacation with full pay plus days of rest

1007 Every member shall be entitled to vacation with pay

between January 1st and December 31st of each calendar

year as set forth in this Article

TIle proposal of the Association is to add a new clause (v) to Article 1001 which

would read as follows

(v) Every member during his first year of employment

shall be entitled to receive annual vacation

proportionate to the length of service within the

calendar year based on two (2) weeks annual

vacation per year

n---------------- -------

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The Association also proposes to alter Article 1005 from 18 years to qualify for

200 hours of vacation to 16 years and 1006 be deleted and the following inserted

1006 Every member who has completed twenty-five (25) years

of service is entitled to two hundred and forty (240)

hours of vacation with full pay plus days of rest

TIle Association requests the addition to Article 1001 to assist new officers

who are joining the force It was submitted that they currently are only entitled to receive

vacation after the completion of a full year of service They then take the vacation earned in

that year in the subsequent year The intention of the Association is to provide a vacation

benefit during the first year of employment to the extent that it is an earned vacation The

Arbitrator finds that the submissions of both parties on the first proposal made to him at the

hearing suggest that the parties had not explored in their bargaining sessions the operation of

such a provision sufficiently to understand each others position and how it might operate In

the absence of that understanding by the parties it is not appropriate for the Arbitrator to

insert a provision which would cause confusion in the administration of the vacation

provisions If the parties desire this provision they ought to negotiate it directly Otherwise

the award of the Arbitrator is to reject the position of the Association

The Association desires to change the vacation earned from the 18 year level to

the 16 year level of service and from the 26 and subsequent years of service to 25 years

They submit data on police forces throughout the Province and their approach to both of these

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provisions At the 16 year level there are 16 forces in Ontario with that provision and 38

forces are at the 15 year level with the vast majority of the remainder being at either 17

years of which there are 12 or 18 years of which there are 21 This means that 79 forces out

of 113 provide 5 weeks vacation after 17 or less years of service

The comparison shows that 93 forces are at the six week level after 25 years of

service with only 11 forces that are above this nonn one of which is Innisfil

The Town submits that there would be three employees entitled to the change

in the vacation provision after 16 years of service and one at the change to the 25 years of

service The Town also submits that the present economic climate justifies there being no

alteration to these benefits

The Arbitrator finds that there is an overwhelming case for the 6 week

entitlement after 25 years On an examination of the data on a county or area basis or on a

province wide basis it is clear that Innisfil is behind the other forces in the Province and it

ought to be brought into line with them Therefore the Arbitrator accepts the Associations

alteration to the vacation provision in Article 1006 to reduce it to the 25 years qf service

entitlement

The change to the 5 weeks entitlement at 16 years of service is a much less

compelling case There are 38 forces at 15 years 16 at 16 years and 12 at 17 years with 21 at

18 years Clearly the vast majority of forces are within the band between 18 years of service

-- ------------

-15shy

and 15 years of service for 5 weeks of vacation or 200 hours of scheduled time off This

Association nods itself at the bottom of that four year matrix being at 18 years of service

This proporal also impacts a larger number of members of the force than the previous

proposal

TIle Arbitrator has already rejected any alteration in pay related to years of

service The standard metllod of recognizing service is in providing longer vacation

entitlements In this case the Association is clearly at the bottom end of the range for 5

weeks entitlement Despite the cost and economic constraints there is justification for an

alteration in this provision but not to the level advocated by the Association Therefore the

Arbitrator awards that the Article 1005 be altered to provide every member who has

completed 17 years of service with 5 weeks vacation or the equivalent 200 hours of scheduled

time off

5 Article 17 - Insurance

TIle provision in the expired collective agreement reads as follows

(v) A Group Dental expenses Plan and the Board shall contribute

one hundred per cent (100) of the annual premium

ODA rates shall be no more than two (2) years behind the

current year treatment Such dental expenses shall be

equivalent to Blue Cross 9

-16shy

The proposal of the Association is to add to Article 1701 (v) the following

provision

A Rider shall be included to provide orthodontic care

which will cover f~fty per cent (50) of expenses to a

maximum of fifteen hundred dollars ($150000) The

Board shall pay one hundred per cent (100) of the

premium of the orthodontic rider Said orthodontic

coverage shall be available once for each familymember

The request of the Association is based on a so-so co-pay basis with the Town

being required to pay 50 of the Orthodontic cost to a maximum of $150000 The employee

would be required to pay the other half of the cost and any excess above $150000 The

Association submits that it is primarily interested in providing this benefit to the members

who have children There was some confusion as to the cost of this benefit at the hearing It

was ordered that updated costing be provided to the Arbitrator following the hearing It was

submitted by the Association on September lOth that the cost would be $702 per family

The Association submits that 52 of the 114 forces listed in its survey have a

comprehensive dental benefit and it is a more common benefit among what it considers to be

the comparable forces The Association also has submitted that it would prefer to receive

this benefit rather than a change on the ODA fee schedule which is two years behind the

current level

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-9shy

provision in the collective agreement are rejected

3 Article 8 - Overtime Credits

The provision in the expired collective agreement reads as follows

804 When a member is called back to duty after he has reported

off duty and before his next ~owing ~our of duty he

shall receive a minimum of ~Mree (3) hOurs for each such

call back calculated at the byertime rate and shall be paid

for each such call back in conformance with paragraph 801

The Association proposes that this provision be increased from three hours to

four The Town as part of its general status quo position on all contractual provisions

maintains that there ought to be not change in the number of hours in Article 804

The rationale of the Association for this submission is that out of the 114 police

forces included in the Police Association of Ontario Survey of Wages and Working Conditions

during 1991 50 provided this benefit or a greater one while 45 provided the same benefit In

comparing forces of the same size population and location 17 out of the 25 forces provided

the same benefit as requested and of those 17 2 provide the greater benefit of 5 hrs The

other submission of the Association is based on the fact that the Article dealing with I

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--------___n

-10shy

CoW1appearances in 805 provides for a premium of 4 hours at a time and one-half when

police are called for a court attendance

I The Town submits that the alteration is not justified when the collective

agreements of the surrounding police forces in Collingwood Orillia and Penatangueshene are I

examined The Town also adds that financial difficulties justify its position in not wanting to

increase compensation costs for the Police Force I

TIle Arbitrator finds that while there is a divergence of approaches within the

Simcoe County area as submitted by the Town with respect to this provision there is

I

I

sufficient data to suggest that it is a benefit enjoyed by a number of forces of this size

throughout the Province of Ontario However the most compelling reason for an alteration I

of this provision is that there appears to be no particular reason why officers called back for

special duties which should receive a minimum guarantee which is less than officers who are I

called in for court appearances Article 805 provides a four hour rate for court appearances

I and it would seem that a similar minimum guarantee ought to be provided for officers when

they are called in Therefore the request of the Association is accepted It is ordered that I

Article 804 be altered to indicate that the call-back rate is to be a minimum of four hours

I

4 Article 10 - AtmualVacation

I

The provision in the expired collective agreement reads as follows I

1001 For the purposes of this article days of rest to beI included with annual vacation shall be as follows

I

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-11shy

I

(i) For police officers working a 12 hour shift the

four (4) days rest following their last day ofI

vacation of their normally scheduled 48 work

I period

I

(ii) For civilian members working a 12 hour shift all

remaining calendar days included in a Sunday toI

Saturday calendar week

I

(iii)For members working a 10 hour shift the remainingI 3 rest days included in a Sunday to Saturday

calendar weekI

I (iv) For members working an 8 hour shift the remaining

2 rest days included in a Sunday to SaturdayI calendar week

I

1002 Every member who has completed one (1) year of service

I is entitled to eighty (80) hours vacation with full

pay plus days of restI

1003 Every member who has completed four (4) years ofI

service is entitled to one hundred and twenty (120)

I hours of vacation with full pay plus days of rest

I 1004 Every member who has completed nine (9) years of

service is entitled to one hundred and sixty (160)I

hours of vacation with full pay plus days of rest

I

1005 Every member who has completed eighteen (18) years ofI service is entitled to two hundred (200) hours of

vacation with full pay plus days of restI

I

-12shy

1006(i) Every member who has completed twenty-six (26) years of

service is entitled to two hundred and eight (208)

hours of vacation with full pay plus days of rest

ii) Every member who has completed twenty-seven (27) years

of service is entitled to two hundred and sixteen (216)

hours of vacation with full pay plus days of rest

iii) Every member who has completed twenty-eight (28) years

of service is entitled to two hundred and forty (240)

hours of vacation with full pay plus days of rest

1007 Every member shall be entitled to vacation with pay

between January 1st and December 31st of each calendar

year as set forth in this Article

TIle proposal of the Association is to add a new clause (v) to Article 1001 which

would read as follows

(v) Every member during his first year of employment

shall be entitled to receive annual vacation

proportionate to the length of service within the

calendar year based on two (2) weeks annual

vacation per year

n---------------- -------

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-13shy

The Association also proposes to alter Article 1005 from 18 years to qualify for

200 hours of vacation to 16 years and 1006 be deleted and the following inserted

1006 Every member who has completed twenty-five (25) years

of service is entitled to two hundred and forty (240)

hours of vacation with full pay plus days of rest

TIle Association requests the addition to Article 1001 to assist new officers

who are joining the force It was submitted that they currently are only entitled to receive

vacation after the completion of a full year of service They then take the vacation earned in

that year in the subsequent year The intention of the Association is to provide a vacation

benefit during the first year of employment to the extent that it is an earned vacation The

Arbitrator finds that the submissions of both parties on the first proposal made to him at the

hearing suggest that the parties had not explored in their bargaining sessions the operation of

such a provision sufficiently to understand each others position and how it might operate In

the absence of that understanding by the parties it is not appropriate for the Arbitrator to

insert a provision which would cause confusion in the administration of the vacation

provisions If the parties desire this provision they ought to negotiate it directly Otherwise

the award of the Arbitrator is to reject the position of the Association

The Association desires to change the vacation earned from the 18 year level to

the 16 year level of service and from the 26 and subsequent years of service to 25 years

They submit data on police forces throughout the Province and their approach to both of these

I

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-14shy

provisions At the 16 year level there are 16 forces in Ontario with that provision and 38

forces are at the 15 year level with the vast majority of the remainder being at either 17

years of which there are 12 or 18 years of which there are 21 This means that 79 forces out

of 113 provide 5 weeks vacation after 17 or less years of service

The comparison shows that 93 forces are at the six week level after 25 years of

service with only 11 forces that are above this nonn one of which is Innisfil

The Town submits that there would be three employees entitled to the change

in the vacation provision after 16 years of service and one at the change to the 25 years of

service The Town also submits that the present economic climate justifies there being no

alteration to these benefits

The Arbitrator finds that there is an overwhelming case for the 6 week

entitlement after 25 years On an examination of the data on a county or area basis or on a

province wide basis it is clear that Innisfil is behind the other forces in the Province and it

ought to be brought into line with them Therefore the Arbitrator accepts the Associations

alteration to the vacation provision in Article 1006 to reduce it to the 25 years qf service

entitlement

The change to the 5 weeks entitlement at 16 years of service is a much less

compelling case There are 38 forces at 15 years 16 at 16 years and 12 at 17 years with 21 at

18 years Clearly the vast majority of forces are within the band between 18 years of service

-- ------------

-15shy

and 15 years of service for 5 weeks of vacation or 200 hours of scheduled time off This

Association nods itself at the bottom of that four year matrix being at 18 years of service

This proporal also impacts a larger number of members of the force than the previous

proposal

TIle Arbitrator has already rejected any alteration in pay related to years of

service The standard metllod of recognizing service is in providing longer vacation

entitlements In this case the Association is clearly at the bottom end of the range for 5

weeks entitlement Despite the cost and economic constraints there is justification for an

alteration in this provision but not to the level advocated by the Association Therefore the

Arbitrator awards that the Article 1005 be altered to provide every member who has

completed 17 years of service with 5 weeks vacation or the equivalent 200 hours of scheduled

time off

5 Article 17 - Insurance

TIle provision in the expired collective agreement reads as follows

(v) A Group Dental expenses Plan and the Board shall contribute

one hundred per cent (100) of the annual premium

ODA rates shall be no more than two (2) years behind the

current year treatment Such dental expenses shall be

equivalent to Blue Cross 9

-16shy

The proposal of the Association is to add to Article 1701 (v) the following

provision

A Rider shall be included to provide orthodontic care

which will cover f~fty per cent (50) of expenses to a

maximum of fifteen hundred dollars ($150000) The

Board shall pay one hundred per cent (100) of the

premium of the orthodontic rider Said orthodontic

coverage shall be available once for each familymember

The request of the Association is based on a so-so co-pay basis with the Town

being required to pay 50 of the Orthodontic cost to a maximum of $150000 The employee

would be required to pay the other half of the cost and any excess above $150000 The

Association submits that it is primarily interested in providing this benefit to the members

who have children There was some confusion as to the cost of this benefit at the hearing It

was ordered that updated costing be provided to the Arbitrator following the hearing It was

submitted by the Association on September lOth that the cost would be $702 per family

The Association submits that 52 of the 114 forces listed in its survey have a

comprehensive dental benefit and it is a more common benefit among what it considers to be

the comparable forces The Association also has submitted that it would prefer to receive

this benefit rather than a change on the ODA fee schedule which is two years behind the

current level

--------___n

-10shy

CoW1appearances in 805 provides for a premium of 4 hours at a time and one-half when

police are called for a court attendance

I The Town submits that the alteration is not justified when the collective

agreements of the surrounding police forces in Collingwood Orillia and Penatangueshene are I

examined The Town also adds that financial difficulties justify its position in not wanting to

increase compensation costs for the Police Force I

TIle Arbitrator finds that while there is a divergence of approaches within the

Simcoe County area as submitted by the Town with respect to this provision there is

I

I

sufficient data to suggest that it is a benefit enjoyed by a number of forces of this size

throughout the Province of Ontario However the most compelling reason for an alteration I

of this provision is that there appears to be no particular reason why officers called back for

special duties which should receive a minimum guarantee which is less than officers who are I

called in for court appearances Article 805 provides a four hour rate for court appearances

I and it would seem that a similar minimum guarantee ought to be provided for officers when

they are called in Therefore the request of the Association is accepted It is ordered that I

Article 804 be altered to indicate that the call-back rate is to be a minimum of four hours

I

4 Article 10 - AtmualVacation

I

The provision in the expired collective agreement reads as follows I

1001 For the purposes of this article days of rest to beI included with annual vacation shall be as follows

I

I

I

I

-11shy

I

(i) For police officers working a 12 hour shift the

four (4) days rest following their last day ofI

vacation of their normally scheduled 48 work

I period

I

(ii) For civilian members working a 12 hour shift all

remaining calendar days included in a Sunday toI

Saturday calendar week

I

(iii)For members working a 10 hour shift the remainingI 3 rest days included in a Sunday to Saturday

calendar weekI

I (iv) For members working an 8 hour shift the remaining

2 rest days included in a Sunday to SaturdayI calendar week

I

1002 Every member who has completed one (1) year of service

I is entitled to eighty (80) hours vacation with full

pay plus days of restI

1003 Every member who has completed four (4) years ofI

service is entitled to one hundred and twenty (120)

I hours of vacation with full pay plus days of rest

I 1004 Every member who has completed nine (9) years of

service is entitled to one hundred and sixty (160)I

hours of vacation with full pay plus days of rest

I

1005 Every member who has completed eighteen (18) years ofI service is entitled to two hundred (200) hours of

vacation with full pay plus days of restI

I

-12shy

1006(i) Every member who has completed twenty-six (26) years of

service is entitled to two hundred and eight (208)

hours of vacation with full pay plus days of rest

ii) Every member who has completed twenty-seven (27) years

of service is entitled to two hundred and sixteen (216)

hours of vacation with full pay plus days of rest

iii) Every member who has completed twenty-eight (28) years

of service is entitled to two hundred and forty (240)

hours of vacation with full pay plus days of rest

1007 Every member shall be entitled to vacation with pay

between January 1st and December 31st of each calendar

year as set forth in this Article

TIle proposal of the Association is to add a new clause (v) to Article 1001 which

would read as follows

(v) Every member during his first year of employment

shall be entitled to receive annual vacation

proportionate to the length of service within the

calendar year based on two (2) weeks annual

vacation per year

n---------------- -------

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-13shy

The Association also proposes to alter Article 1005 from 18 years to qualify for

200 hours of vacation to 16 years and 1006 be deleted and the following inserted

1006 Every member who has completed twenty-five (25) years

of service is entitled to two hundred and forty (240)

hours of vacation with full pay plus days of rest

TIle Association requests the addition to Article 1001 to assist new officers

who are joining the force It was submitted that they currently are only entitled to receive

vacation after the completion of a full year of service They then take the vacation earned in

that year in the subsequent year The intention of the Association is to provide a vacation

benefit during the first year of employment to the extent that it is an earned vacation The

Arbitrator finds that the submissions of both parties on the first proposal made to him at the

hearing suggest that the parties had not explored in their bargaining sessions the operation of

such a provision sufficiently to understand each others position and how it might operate In

the absence of that understanding by the parties it is not appropriate for the Arbitrator to

insert a provision which would cause confusion in the administration of the vacation

provisions If the parties desire this provision they ought to negotiate it directly Otherwise

the award of the Arbitrator is to reject the position of the Association

The Association desires to change the vacation earned from the 18 year level to

the 16 year level of service and from the 26 and subsequent years of service to 25 years

They submit data on police forces throughout the Province and their approach to both of these

I

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-14shy

provisions At the 16 year level there are 16 forces in Ontario with that provision and 38

forces are at the 15 year level with the vast majority of the remainder being at either 17

years of which there are 12 or 18 years of which there are 21 This means that 79 forces out

of 113 provide 5 weeks vacation after 17 or less years of service

The comparison shows that 93 forces are at the six week level after 25 years of

service with only 11 forces that are above this nonn one of which is Innisfil

The Town submits that there would be three employees entitled to the change

in the vacation provision after 16 years of service and one at the change to the 25 years of

service The Town also submits that the present economic climate justifies there being no

alteration to these benefits

The Arbitrator finds that there is an overwhelming case for the 6 week

entitlement after 25 years On an examination of the data on a county or area basis or on a

province wide basis it is clear that Innisfil is behind the other forces in the Province and it

ought to be brought into line with them Therefore the Arbitrator accepts the Associations

alteration to the vacation provision in Article 1006 to reduce it to the 25 years qf service

entitlement

The change to the 5 weeks entitlement at 16 years of service is a much less

compelling case There are 38 forces at 15 years 16 at 16 years and 12 at 17 years with 21 at

18 years Clearly the vast majority of forces are within the band between 18 years of service

-- ------------

-15shy

and 15 years of service for 5 weeks of vacation or 200 hours of scheduled time off This

Association nods itself at the bottom of that four year matrix being at 18 years of service

This proporal also impacts a larger number of members of the force than the previous

proposal

TIle Arbitrator has already rejected any alteration in pay related to years of

service The standard metllod of recognizing service is in providing longer vacation

entitlements In this case the Association is clearly at the bottom end of the range for 5

weeks entitlement Despite the cost and economic constraints there is justification for an

alteration in this provision but not to the level advocated by the Association Therefore the

Arbitrator awards that the Article 1005 be altered to provide every member who has

completed 17 years of service with 5 weeks vacation or the equivalent 200 hours of scheduled

time off

5 Article 17 - Insurance

TIle provision in the expired collective agreement reads as follows

(v) A Group Dental expenses Plan and the Board shall contribute

one hundred per cent (100) of the annual premium

ODA rates shall be no more than two (2) years behind the

current year treatment Such dental expenses shall be

equivalent to Blue Cross 9

-16shy

The proposal of the Association is to add to Article 1701 (v) the following

provision

A Rider shall be included to provide orthodontic care

which will cover f~fty per cent (50) of expenses to a

maximum of fifteen hundred dollars ($150000) The

Board shall pay one hundred per cent (100) of the

premium of the orthodontic rider Said orthodontic

coverage shall be available once for each familymember

The request of the Association is based on a so-so co-pay basis with the Town

being required to pay 50 of the Orthodontic cost to a maximum of $150000 The employee

would be required to pay the other half of the cost and any excess above $150000 The

Association submits that it is primarily interested in providing this benefit to the members

who have children There was some confusion as to the cost of this benefit at the hearing It

was ordered that updated costing be provided to the Arbitrator following the hearing It was

submitted by the Association on September lOth that the cost would be $702 per family

The Association submits that 52 of the 114 forces listed in its survey have a

comprehensive dental benefit and it is a more common benefit among what it considers to be

the comparable forces The Association also has submitted that it would prefer to receive

this benefit rather than a change on the ODA fee schedule which is two years behind the

current level

I

I

-11shy

I

(i) For police officers working a 12 hour shift the

four (4) days rest following their last day ofI

vacation of their normally scheduled 48 work

I period

I

(ii) For civilian members working a 12 hour shift all

remaining calendar days included in a Sunday toI

Saturday calendar week

I

(iii)For members working a 10 hour shift the remainingI 3 rest days included in a Sunday to Saturday

calendar weekI

I (iv) For members working an 8 hour shift the remaining

2 rest days included in a Sunday to SaturdayI calendar week

I

1002 Every member who has completed one (1) year of service

I is entitled to eighty (80) hours vacation with full

pay plus days of restI

1003 Every member who has completed four (4) years ofI

service is entitled to one hundred and twenty (120)

I hours of vacation with full pay plus days of rest

I 1004 Every member who has completed nine (9) years of

service is entitled to one hundred and sixty (160)I

hours of vacation with full pay plus days of rest

I

1005 Every member who has completed eighteen (18) years ofI service is entitled to two hundred (200) hours of

vacation with full pay plus days of restI

I

-12shy

1006(i) Every member who has completed twenty-six (26) years of

service is entitled to two hundred and eight (208)

hours of vacation with full pay plus days of rest

ii) Every member who has completed twenty-seven (27) years

of service is entitled to two hundred and sixteen (216)

hours of vacation with full pay plus days of rest

iii) Every member who has completed twenty-eight (28) years

of service is entitled to two hundred and forty (240)

hours of vacation with full pay plus days of rest

1007 Every member shall be entitled to vacation with pay

between January 1st and December 31st of each calendar

year as set forth in this Article

TIle proposal of the Association is to add a new clause (v) to Article 1001 which

would read as follows

(v) Every member during his first year of employment

shall be entitled to receive annual vacation

proportionate to the length of service within the

calendar year based on two (2) weeks annual

vacation per year

n---------------- -------

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-13shy

The Association also proposes to alter Article 1005 from 18 years to qualify for

200 hours of vacation to 16 years and 1006 be deleted and the following inserted

1006 Every member who has completed twenty-five (25) years

of service is entitled to two hundred and forty (240)

hours of vacation with full pay plus days of rest

TIle Association requests the addition to Article 1001 to assist new officers

who are joining the force It was submitted that they currently are only entitled to receive

vacation after the completion of a full year of service They then take the vacation earned in

that year in the subsequent year The intention of the Association is to provide a vacation

benefit during the first year of employment to the extent that it is an earned vacation The

Arbitrator finds that the submissions of both parties on the first proposal made to him at the

hearing suggest that the parties had not explored in their bargaining sessions the operation of

such a provision sufficiently to understand each others position and how it might operate In

the absence of that understanding by the parties it is not appropriate for the Arbitrator to

insert a provision which would cause confusion in the administration of the vacation

provisions If the parties desire this provision they ought to negotiate it directly Otherwise

the award of the Arbitrator is to reject the position of the Association

The Association desires to change the vacation earned from the 18 year level to

the 16 year level of service and from the 26 and subsequent years of service to 25 years

They submit data on police forces throughout the Province and their approach to both of these

I

I

I

I

I

-14shy

provisions At the 16 year level there are 16 forces in Ontario with that provision and 38

forces are at the 15 year level with the vast majority of the remainder being at either 17

years of which there are 12 or 18 years of which there are 21 This means that 79 forces out

of 113 provide 5 weeks vacation after 17 or less years of service

The comparison shows that 93 forces are at the six week level after 25 years of

service with only 11 forces that are above this nonn one of which is Innisfil

The Town submits that there would be three employees entitled to the change

in the vacation provision after 16 years of service and one at the change to the 25 years of

service The Town also submits that the present economic climate justifies there being no

alteration to these benefits

The Arbitrator finds that there is an overwhelming case for the 6 week

entitlement after 25 years On an examination of the data on a county or area basis or on a

province wide basis it is clear that Innisfil is behind the other forces in the Province and it

ought to be brought into line with them Therefore the Arbitrator accepts the Associations

alteration to the vacation provision in Article 1006 to reduce it to the 25 years qf service

entitlement

The change to the 5 weeks entitlement at 16 years of service is a much less

compelling case There are 38 forces at 15 years 16 at 16 years and 12 at 17 years with 21 at

18 years Clearly the vast majority of forces are within the band between 18 years of service

-- ------------

-15shy

and 15 years of service for 5 weeks of vacation or 200 hours of scheduled time off This

Association nods itself at the bottom of that four year matrix being at 18 years of service

This proporal also impacts a larger number of members of the force than the previous

proposal

TIle Arbitrator has already rejected any alteration in pay related to years of

service The standard metllod of recognizing service is in providing longer vacation

entitlements In this case the Association is clearly at the bottom end of the range for 5

weeks entitlement Despite the cost and economic constraints there is justification for an

alteration in this provision but not to the level advocated by the Association Therefore the

Arbitrator awards that the Article 1005 be altered to provide every member who has

completed 17 years of service with 5 weeks vacation or the equivalent 200 hours of scheduled

time off

5 Article 17 - Insurance

TIle provision in the expired collective agreement reads as follows

(v) A Group Dental expenses Plan and the Board shall contribute

one hundred per cent (100) of the annual premium

ODA rates shall be no more than two (2) years behind the

current year treatment Such dental expenses shall be

equivalent to Blue Cross 9

-16shy

The proposal of the Association is to add to Article 1701 (v) the following

provision

A Rider shall be included to provide orthodontic care

which will cover f~fty per cent (50) of expenses to a

maximum of fifteen hundred dollars ($150000) The

Board shall pay one hundred per cent (100) of the

premium of the orthodontic rider Said orthodontic

coverage shall be available once for each familymember

The request of the Association is based on a so-so co-pay basis with the Town

being required to pay 50 of the Orthodontic cost to a maximum of $150000 The employee

would be required to pay the other half of the cost and any excess above $150000 The

Association submits that it is primarily interested in providing this benefit to the members

who have children There was some confusion as to the cost of this benefit at the hearing It

was ordered that updated costing be provided to the Arbitrator following the hearing It was

submitted by the Association on September lOth that the cost would be $702 per family

The Association submits that 52 of the 114 forces listed in its survey have a

comprehensive dental benefit and it is a more common benefit among what it considers to be

the comparable forces The Association also has submitted that it would prefer to receive

this benefit rather than a change on the ODA fee schedule which is two years behind the

current level

-12shy

1006(i) Every member who has completed twenty-six (26) years of

service is entitled to two hundred and eight (208)

hours of vacation with full pay plus days of rest

ii) Every member who has completed twenty-seven (27) years

of service is entitled to two hundred and sixteen (216)

hours of vacation with full pay plus days of rest

iii) Every member who has completed twenty-eight (28) years

of service is entitled to two hundred and forty (240)

hours of vacation with full pay plus days of rest

1007 Every member shall be entitled to vacation with pay

between January 1st and December 31st of each calendar

year as set forth in this Article

TIle proposal of the Association is to add a new clause (v) to Article 1001 which

would read as follows

(v) Every member during his first year of employment

shall be entitled to receive annual vacation

proportionate to the length of service within the

calendar year based on two (2) weeks annual

vacation per year

n---------------- -------

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

-13shy

The Association also proposes to alter Article 1005 from 18 years to qualify for

200 hours of vacation to 16 years and 1006 be deleted and the following inserted

1006 Every member who has completed twenty-five (25) years

of service is entitled to two hundred and forty (240)

hours of vacation with full pay plus days of rest

TIle Association requests the addition to Article 1001 to assist new officers

who are joining the force It was submitted that they currently are only entitled to receive

vacation after the completion of a full year of service They then take the vacation earned in

that year in the subsequent year The intention of the Association is to provide a vacation

benefit during the first year of employment to the extent that it is an earned vacation The

Arbitrator finds that the submissions of both parties on the first proposal made to him at the

hearing suggest that the parties had not explored in their bargaining sessions the operation of

such a provision sufficiently to understand each others position and how it might operate In

the absence of that understanding by the parties it is not appropriate for the Arbitrator to

insert a provision which would cause confusion in the administration of the vacation

provisions If the parties desire this provision they ought to negotiate it directly Otherwise

the award of the Arbitrator is to reject the position of the Association

The Association desires to change the vacation earned from the 18 year level to

the 16 year level of service and from the 26 and subsequent years of service to 25 years

They submit data on police forces throughout the Province and their approach to both of these

I

I

I

I

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-14shy

provisions At the 16 year level there are 16 forces in Ontario with that provision and 38

forces are at the 15 year level with the vast majority of the remainder being at either 17

years of which there are 12 or 18 years of which there are 21 This means that 79 forces out

of 113 provide 5 weeks vacation after 17 or less years of service

The comparison shows that 93 forces are at the six week level after 25 years of

service with only 11 forces that are above this nonn one of which is Innisfil

The Town submits that there would be three employees entitled to the change

in the vacation provision after 16 years of service and one at the change to the 25 years of

service The Town also submits that the present economic climate justifies there being no

alteration to these benefits

The Arbitrator finds that there is an overwhelming case for the 6 week

entitlement after 25 years On an examination of the data on a county or area basis or on a

province wide basis it is clear that Innisfil is behind the other forces in the Province and it

ought to be brought into line with them Therefore the Arbitrator accepts the Associations

alteration to the vacation provision in Article 1006 to reduce it to the 25 years qf service

entitlement

The change to the 5 weeks entitlement at 16 years of service is a much less

compelling case There are 38 forces at 15 years 16 at 16 years and 12 at 17 years with 21 at

18 years Clearly the vast majority of forces are within the band between 18 years of service

-- ------------

-15shy

and 15 years of service for 5 weeks of vacation or 200 hours of scheduled time off This

Association nods itself at the bottom of that four year matrix being at 18 years of service

This proporal also impacts a larger number of members of the force than the previous

proposal

TIle Arbitrator has already rejected any alteration in pay related to years of

service The standard metllod of recognizing service is in providing longer vacation

entitlements In this case the Association is clearly at the bottom end of the range for 5

weeks entitlement Despite the cost and economic constraints there is justification for an

alteration in this provision but not to the level advocated by the Association Therefore the

Arbitrator awards that the Article 1005 be altered to provide every member who has

completed 17 years of service with 5 weeks vacation or the equivalent 200 hours of scheduled

time off

5 Article 17 - Insurance

TIle provision in the expired collective agreement reads as follows

(v) A Group Dental expenses Plan and the Board shall contribute

one hundred per cent (100) of the annual premium

ODA rates shall be no more than two (2) years behind the

current year treatment Such dental expenses shall be

equivalent to Blue Cross 9

-16shy

The proposal of the Association is to add to Article 1701 (v) the following

provision

A Rider shall be included to provide orthodontic care

which will cover f~fty per cent (50) of expenses to a

maximum of fifteen hundred dollars ($150000) The

Board shall pay one hundred per cent (100) of the

premium of the orthodontic rider Said orthodontic

coverage shall be available once for each familymember

The request of the Association is based on a so-so co-pay basis with the Town

being required to pay 50 of the Orthodontic cost to a maximum of $150000 The employee

would be required to pay the other half of the cost and any excess above $150000 The

Association submits that it is primarily interested in providing this benefit to the members

who have children There was some confusion as to the cost of this benefit at the hearing It

was ordered that updated costing be provided to the Arbitrator following the hearing It was

submitted by the Association on September lOth that the cost would be $702 per family

The Association submits that 52 of the 114 forces listed in its survey have a

comprehensive dental benefit and it is a more common benefit among what it considers to be

the comparable forces The Association also has submitted that it would prefer to receive

this benefit rather than a change on the ODA fee schedule which is two years behind the

current level

n---------------- -------

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The Association also proposes to alter Article 1005 from 18 years to qualify for

200 hours of vacation to 16 years and 1006 be deleted and the following inserted

1006 Every member who has completed twenty-five (25) years

of service is entitled to two hundred and forty (240)

hours of vacation with full pay plus days of rest

TIle Association requests the addition to Article 1001 to assist new officers

who are joining the force It was submitted that they currently are only entitled to receive

vacation after the completion of a full year of service They then take the vacation earned in

that year in the subsequent year The intention of the Association is to provide a vacation

benefit during the first year of employment to the extent that it is an earned vacation The

Arbitrator finds that the submissions of both parties on the first proposal made to him at the

hearing suggest that the parties had not explored in their bargaining sessions the operation of

such a provision sufficiently to understand each others position and how it might operate In

the absence of that understanding by the parties it is not appropriate for the Arbitrator to

insert a provision which would cause confusion in the administration of the vacation

provisions If the parties desire this provision they ought to negotiate it directly Otherwise

the award of the Arbitrator is to reject the position of the Association

The Association desires to change the vacation earned from the 18 year level to

the 16 year level of service and from the 26 and subsequent years of service to 25 years

They submit data on police forces throughout the Province and their approach to both of these

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-14shy

provisions At the 16 year level there are 16 forces in Ontario with that provision and 38

forces are at the 15 year level with the vast majority of the remainder being at either 17

years of which there are 12 or 18 years of which there are 21 This means that 79 forces out

of 113 provide 5 weeks vacation after 17 or less years of service

The comparison shows that 93 forces are at the six week level after 25 years of

service with only 11 forces that are above this nonn one of which is Innisfil

The Town submits that there would be three employees entitled to the change

in the vacation provision after 16 years of service and one at the change to the 25 years of

service The Town also submits that the present economic climate justifies there being no

alteration to these benefits

The Arbitrator finds that there is an overwhelming case for the 6 week

entitlement after 25 years On an examination of the data on a county or area basis or on a

province wide basis it is clear that Innisfil is behind the other forces in the Province and it

ought to be brought into line with them Therefore the Arbitrator accepts the Associations

alteration to the vacation provision in Article 1006 to reduce it to the 25 years qf service

entitlement

The change to the 5 weeks entitlement at 16 years of service is a much less

compelling case There are 38 forces at 15 years 16 at 16 years and 12 at 17 years with 21 at

18 years Clearly the vast majority of forces are within the band between 18 years of service

-- ------------

-15shy

and 15 years of service for 5 weeks of vacation or 200 hours of scheduled time off This

Association nods itself at the bottom of that four year matrix being at 18 years of service

This proporal also impacts a larger number of members of the force than the previous

proposal

TIle Arbitrator has already rejected any alteration in pay related to years of

service The standard metllod of recognizing service is in providing longer vacation

entitlements In this case the Association is clearly at the bottom end of the range for 5

weeks entitlement Despite the cost and economic constraints there is justification for an

alteration in this provision but not to the level advocated by the Association Therefore the

Arbitrator awards that the Article 1005 be altered to provide every member who has

completed 17 years of service with 5 weeks vacation or the equivalent 200 hours of scheduled

time off

5 Article 17 - Insurance

TIle provision in the expired collective agreement reads as follows

(v) A Group Dental expenses Plan and the Board shall contribute

one hundred per cent (100) of the annual premium

ODA rates shall be no more than two (2) years behind the

current year treatment Such dental expenses shall be

equivalent to Blue Cross 9

-16shy

The proposal of the Association is to add to Article 1701 (v) the following

provision

A Rider shall be included to provide orthodontic care

which will cover f~fty per cent (50) of expenses to a

maximum of fifteen hundred dollars ($150000) The

Board shall pay one hundred per cent (100) of the

premium of the orthodontic rider Said orthodontic

coverage shall be available once for each familymember

The request of the Association is based on a so-so co-pay basis with the Town

being required to pay 50 of the Orthodontic cost to a maximum of $150000 The employee

would be required to pay the other half of the cost and any excess above $150000 The

Association submits that it is primarily interested in providing this benefit to the members

who have children There was some confusion as to the cost of this benefit at the hearing It

was ordered that updated costing be provided to the Arbitrator following the hearing It was

submitted by the Association on September lOth that the cost would be $702 per family

The Association submits that 52 of the 114 forces listed in its survey have a

comprehensive dental benefit and it is a more common benefit among what it considers to be

the comparable forces The Association also has submitted that it would prefer to receive

this benefit rather than a change on the ODA fee schedule which is two years behind the

current level

-14shy

provisions At the 16 year level there are 16 forces in Ontario with that provision and 38

forces are at the 15 year level with the vast majority of the remainder being at either 17

years of which there are 12 or 18 years of which there are 21 This means that 79 forces out

of 113 provide 5 weeks vacation after 17 or less years of service

The comparison shows that 93 forces are at the six week level after 25 years of

service with only 11 forces that are above this nonn one of which is Innisfil

The Town submits that there would be three employees entitled to the change

in the vacation provision after 16 years of service and one at the change to the 25 years of

service The Town also submits that the present economic climate justifies there being no

alteration to these benefits

The Arbitrator finds that there is an overwhelming case for the 6 week

entitlement after 25 years On an examination of the data on a county or area basis or on a

province wide basis it is clear that Innisfil is behind the other forces in the Province and it

ought to be brought into line with them Therefore the Arbitrator accepts the Associations

alteration to the vacation provision in Article 1006 to reduce it to the 25 years qf service

entitlement

The change to the 5 weeks entitlement at 16 years of service is a much less

compelling case There are 38 forces at 15 years 16 at 16 years and 12 at 17 years with 21 at

18 years Clearly the vast majority of forces are within the band between 18 years of service

-- ------------

-15shy

and 15 years of service for 5 weeks of vacation or 200 hours of scheduled time off This

Association nods itself at the bottom of that four year matrix being at 18 years of service

This proporal also impacts a larger number of members of the force than the previous

proposal

TIle Arbitrator has already rejected any alteration in pay related to years of

service The standard metllod of recognizing service is in providing longer vacation

entitlements In this case the Association is clearly at the bottom end of the range for 5

weeks entitlement Despite the cost and economic constraints there is justification for an

alteration in this provision but not to the level advocated by the Association Therefore the

Arbitrator awards that the Article 1005 be altered to provide every member who has

completed 17 years of service with 5 weeks vacation or the equivalent 200 hours of scheduled

time off

5 Article 17 - Insurance

TIle provision in the expired collective agreement reads as follows

(v) A Group Dental expenses Plan and the Board shall contribute

one hundred per cent (100) of the annual premium

ODA rates shall be no more than two (2) years behind the

current year treatment Such dental expenses shall be

equivalent to Blue Cross 9

-16shy

The proposal of the Association is to add to Article 1701 (v) the following

provision

A Rider shall be included to provide orthodontic care

which will cover f~fty per cent (50) of expenses to a

maximum of fifteen hundred dollars ($150000) The

Board shall pay one hundred per cent (100) of the

premium of the orthodontic rider Said orthodontic

coverage shall be available once for each familymember

The request of the Association is based on a so-so co-pay basis with the Town

being required to pay 50 of the Orthodontic cost to a maximum of $150000 The employee

would be required to pay the other half of the cost and any excess above $150000 The

Association submits that it is primarily interested in providing this benefit to the members

who have children There was some confusion as to the cost of this benefit at the hearing It

was ordered that updated costing be provided to the Arbitrator following the hearing It was

submitted by the Association on September lOth that the cost would be $702 per family

The Association submits that 52 of the 114 forces listed in its survey have a

comprehensive dental benefit and it is a more common benefit among what it considers to be

the comparable forces The Association also has submitted that it would prefer to receive

this benefit rather than a change on the ODA fee schedule which is two years behind the

current level

-- ------------

-15shy

and 15 years of service for 5 weeks of vacation or 200 hours of scheduled time off This

Association nods itself at the bottom of that four year matrix being at 18 years of service

This proporal also impacts a larger number of members of the force than the previous

proposal

TIle Arbitrator has already rejected any alteration in pay related to years of

service The standard metllod of recognizing service is in providing longer vacation

entitlements In this case the Association is clearly at the bottom end of the range for 5

weeks entitlement Despite the cost and economic constraints there is justification for an

alteration in this provision but not to the level advocated by the Association Therefore the

Arbitrator awards that the Article 1005 be altered to provide every member who has

completed 17 years of service with 5 weeks vacation or the equivalent 200 hours of scheduled

time off

5 Article 17 - Insurance

TIle provision in the expired collective agreement reads as follows

(v) A Group Dental expenses Plan and the Board shall contribute

one hundred per cent (100) of the annual premium

ODA rates shall be no more than two (2) years behind the

current year treatment Such dental expenses shall be

equivalent to Blue Cross 9

-16shy

The proposal of the Association is to add to Article 1701 (v) the following

provision

A Rider shall be included to provide orthodontic care

which will cover f~fty per cent (50) of expenses to a

maximum of fifteen hundred dollars ($150000) The

Board shall pay one hundred per cent (100) of the

premium of the orthodontic rider Said orthodontic

coverage shall be available once for each familymember

The request of the Association is based on a so-so co-pay basis with the Town

being required to pay 50 of the Orthodontic cost to a maximum of $150000 The employee

would be required to pay the other half of the cost and any excess above $150000 The

Association submits that it is primarily interested in providing this benefit to the members

who have children There was some confusion as to the cost of this benefit at the hearing It

was ordered that updated costing be provided to the Arbitrator following the hearing It was

submitted by the Association on September lOth that the cost would be $702 per family

The Association submits that 52 of the 114 forces listed in its survey have a

comprehensive dental benefit and it is a more common benefit among what it considers to be

the comparable forces The Association also has submitted that it would prefer to receive

this benefit rather than a change on the ODA fee schedule which is two years behind the

current level

-16shy

The proposal of the Association is to add to Article 1701 (v) the following

provision

A Rider shall be included to provide orthodontic care

which will cover f~fty per cent (50) of expenses to a

maximum of fifteen hundred dollars ($150000) The

Board shall pay one hundred per cent (100) of the

premium of the orthodontic rider Said orthodontic

coverage shall be available once for each familymember

The request of the Association is based on a so-so co-pay basis with the Town

being required to pay 50 of the Orthodontic cost to a maximum of $150000 The employee

would be required to pay the other half of the cost and any excess above $150000 The

Association submits that it is primarily interested in providing this benefit to the members

who have children There was some confusion as to the cost of this benefit at the hearing It

was ordered that updated costing be provided to the Arbitrator following the hearing It was

submitted by the Association on September lOth that the cost would be $702 per family

The Association submits that 52 of the 114 forces listed in its survey have a

comprehensive dental benefit and it is a more common benefit among what it considers to be

the comparable forces The Association also has submitted that it would prefer to receive

this benefit rather than a change on the ODA fee schedule which is two years behind the

current level

-17shy

The Town submits that this is an expensive additional cost and states that the

present provisions are both competitive and reasonably generous in the police sector It also

submits that nearby towns do not have this provision in their police service agreements It is

further submitted that the other employees of the Town do not have a similar sort of benefit

The Arbitrator finds that in these economic times restraint must be exercised

where a benefit such as this would only benefit certain members of the force Even those who

might benefit because of having children may not require the benefit The cost is extensive

and despite comparability with other police forces either in size locality or across the

province restraint ought to be demonstrated This employment cost should be held to what it

has been in the past In recognition of the economic difficulties which the Town finds itself

in and the general economic environment the request of the Association is rejected

6 Article 26 - Maternity Leave

The CWTent provision reads as follows

2601 The Board shall allow maternitypregnancy leave to a

femaie member in accordance with the Employment

Standards Act

2602 The Board shall allow adoption leave on the same basis

as described in 2601 for a member that adopts a child

-18shy

2603 While on maternitypregnancy or adoption leave as referred to in 2601 and 2602 the Board shall continue

to pay all benefits of the member in the same manner as

would normally be done if the member was working The

Board shall not be required to pay the members salary

while on maternitypregnancy or adoption leave

2604 Benefits referred to in 2603 will only be paid if the

member going on maternitypregnancy or adoption leave

sign an agreement with the Board guaranteeing her

return to work with the Police service for at least one

(1) year followingthe maternitypregnancyor adoption

leave The agreement shall require the member to repay

the Board for costs incurred for providing benefits

while on maternitypregnancy leave or adoption leave if

she is unable or does not return to work at least one

(1) year following such leave

2605 While on maternitypregnancy or adoption leave the

member shall suffer no loss in seniority

TIle proposal of the Association is to alter the provisions substantially as

indicated below

2601Members shall be entitled to maternity leave and lor

parental leave in accordance with the provisions of the

Employment Standards Act A member on maternity leave

shall make written application to and supply the Board

with a certificate from a legally qualified medical

practitioner stating that she is pregnant and giving

the estimated date of delivery and shall further

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receive benefits provided under 2602 and 2603

notwithstanding those continued by virtue of the

Employment standards Act

During the maternity leave the Board shall

(a) during the first two weeks pay the member 93 of

her regular rate of pay and

(b) during the following 15 weeks or shorter period

if the member returns to work pay the member at a

rate of pay equivalent to the difference between

the Unemployment Insurance benefits the member is

eligible to receive and 93 of her regular rate of

pay

A member shall continue to accumulate seniority and the

Board shall continue to provide the member with

vacation and statutory holiday credit insurance

welfare medical dental pension and all other

benefits specified by the agreement while on maternity

and orparental leave

Maternity leave and parental leave for the naturalmother shall not exceed 35 weeks Parental leave for

either parent or adoptive parent shall not exceed 18

weeks in accordance with the provisions of the

employment Standards Act

The Association that leave proposal is required tosubmits its maternity

I conform with the provisionsof the amended Employment StandardsAct and to providea

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supplementary benefit for members on maternity leave The effect of these submissions is

that there would be a supplementary unemployment benefit topping up the members U1C

benefit to 93 of the weekly rate of pay Here the Association looks more broadly to the

public service and public sector or-Ontario as well as some private sector employers such as

Bell Canada to justify its position

The Employer submits that the Associations proposal is excessive and costly

and as a result unreasonable It was further submitted on behalf of the Employer that Article

2603 even if it is accepted goes beyond the Employment Standards Act when it provides that

members vacation and statutory holiday credits be extended while on maternity leave

The Federal and Provincial Government have promoted the concept of paid

maternity leave and have made legal changes to endorse their philosophy It is a political

priority for social equality within the Province Furthermore in respect of Police there has

been a provincial political priority to ensure that police forces attract more women to their

ranks A necessary part of the approach and philosophy of the government is the need to

improve police agreements as they relate to child bearing and rearing

A number of Arbitrators have awarded alterations to maternity benefits including

this Arbitrator The primary basis for these alterations is rooted in the social policy which is

reflected in our various legislative standards However it can be a benefit which is costly

In the Towns situation it would be appropriate to provide the top-up but only at the 75 level

for 17 weeks and not as requested by the Association The Arbitrator accepts the proposal of

the Association with respect to the other provisions of the Maternity Leave clause with and

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-21shy

an alteration to Article 2603 by striking out the provision of vacation and statutory holiday

credits as being part of the benefit Otherwise the benefit as set out in the Association

proposal is to form the provisions of the collective agreement

7 Article 6 - Salary Rates

The salary provisions for the expired collective agreement read as follows

601 Salary rates shall be in accordance with the following schedule and shall be effective on the dates shown Effective from January 1 1990 there will be a ten (10) percent differential between the rank of 1st Class Constable and Sergeant There will be a ten (10) percent differential between the rank of Sergeant and Staff Sergeant The rates are per annum

(a) Effective Classification Time in Force Rate

January 1 1991 Staff Sergeant $55272

Sergeant 50248

Constable Class 1 36 months or more 45680 Class 2 24 to 36 months 40516 Class 3 12 to 24 months 36670 Class 4 1 to 12 months 30157 Cadet 20400

July 1 1991 Staff Sergeant $56101

Sergeant 51001

Constable Class 1 36 months or more 46365 Class 2 24 to 36 months 41124 Class 3 12 to 24 months 37220 Class 4 1 to 12 months 30069 Cadet 20706

December 1 1991 Staff Sergeant $58121

Sergeant 52838

-22shy

Constable Class 1 36 months or more Class 2 24 to 36 months Class 3 12 to 24 months Class 4 1 to 12 months Cadet

DISPATCHERS

(b) Effective Reclassification

January 1 1991 Starting rateAfter 12 monthsAfter 24 monthsAfter 36 months

Senior Dispatcher

JulY 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 monthsSenior Dispatcher

December 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 monthsSenior Dispatcher

SPECIAL CONSTABLES

(c) Effective Reclassification

January 1 1991 Starting Rate After 12 months After 24 months After 36 months

July 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 months

December 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 months

48035 42604 38559 31711 21451

Rate

$24340 24966 26236 26999 28321

$24705 25341 26629 27404 28746

$26088 26760 28121 28939 30355

Rate

$25733 26828 28396 30054

$26119 27230 28822 30505

$27582 28755 30436 32213

-23shy

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The Association proposes that there be a 5 increase to the First Class

Constables rate of pay The Town consistent with its stated position on a wage freeze

proposes no change in salaries

The data submitted on behalf of the Association largely looks to other police

forces to justify its position The Association submits that with forces of 20 to 50 police

personnel (lnnisfil has 32) the average 1991 salary was $4691400 with Innisfil being at

$4803500 or 239 above that average The average of the known settlements and

arbitrated salaries for 1992 is $4820700 which represents an average increase of 352 The

other table which the Association submits compares police forces and communities with a

population between 20000 and 40000 Innisfil has a population of approximately 21000

The equivalent data for 1991 shows an average salary for the First Class Constable at

$4742100 with 1nnisfu Township being at $4803500 or 129 above that average The

negotiated or arbitrated results for 1992 salaries averages $4876400 for an increase of 422

on the average from 1991 The Association also submits a 10 year comparison analysis of

these forces to further justify its position

The Towns submissions are largely based on its general submission that there ought

to be a freeze in wages and working conditions and no alterations to the collective

agreement It also submits that a 5 increase is excessive resulting in an overall wage cost

increase of $12800000 The Employer submits that the compound wage increase for uniform

staff for 1991 was 73 and that was a generous settlement which caused the police services

budget to rise by 44 for 1992 just to reflect the alteration to the back-in percentage

changes which occurred on July 1 and December 1 1991 I

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-18shy

2603 While on maternitypregnancy or adoption leave as referred to in 2601 and 2602 the Board shall continue

to pay all benefits of the member in the same manner as

would normally be done if the member was working The

Board shall not be required to pay the members salary

while on maternitypregnancy or adoption leave

2604 Benefits referred to in 2603 will only be paid if the

member going on maternitypregnancy or adoption leave

sign an agreement with the Board guaranteeing her

return to work with the Police service for at least one

(1) year followingthe maternitypregnancyor adoption

leave The agreement shall require the member to repay

the Board for costs incurred for providing benefits

while on maternitypregnancy leave or adoption leave if

she is unable or does not return to work at least one

(1) year following such leave

2605 While on maternitypregnancy or adoption leave the

member shall suffer no loss in seniority

TIle proposal of the Association is to alter the provisions substantially as

indicated below

2601Members shall be entitled to maternity leave and lor

parental leave in accordance with the provisions of the

Employment Standards Act A member on maternity leave

shall make written application to and supply the Board

with a certificate from a legally qualified medical

practitioner stating that she is pregnant and giving

the estimated date of delivery and shall further

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receive benefits provided under 2602 and 2603

notwithstanding those continued by virtue of the

Employment standards Act

During the maternity leave the Board shall

(a) during the first two weeks pay the member 93 of

her regular rate of pay and

(b) during the following 15 weeks or shorter period

if the member returns to work pay the member at a

rate of pay equivalent to the difference between

the Unemployment Insurance benefits the member is

eligible to receive and 93 of her regular rate of

pay

A member shall continue to accumulate seniority and the

Board shall continue to provide the member with

vacation and statutory holiday credit insurance

welfare medical dental pension and all other

benefits specified by the agreement while on maternity

and orparental leave

Maternity leave and parental leave for the naturalmother shall not exceed 35 weeks Parental leave for

either parent or adoptive parent shall not exceed 18

weeks in accordance with the provisions of the

employment Standards Act

The Association that leave proposal is required tosubmits its maternity

I conform with the provisionsof the amended Employment StandardsAct and to providea

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supplementary benefit for members on maternity leave The effect of these submissions is

that there would be a supplementary unemployment benefit topping up the members U1C

benefit to 93 of the weekly rate of pay Here the Association looks more broadly to the

public service and public sector or-Ontario as well as some private sector employers such as

Bell Canada to justify its position

The Employer submits that the Associations proposal is excessive and costly

and as a result unreasonable It was further submitted on behalf of the Employer that Article

2603 even if it is accepted goes beyond the Employment Standards Act when it provides that

members vacation and statutory holiday credits be extended while on maternity leave

The Federal and Provincial Government have promoted the concept of paid

maternity leave and have made legal changes to endorse their philosophy It is a political

priority for social equality within the Province Furthermore in respect of Police there has

been a provincial political priority to ensure that police forces attract more women to their

ranks A necessary part of the approach and philosophy of the government is the need to

improve police agreements as they relate to child bearing and rearing

A number of Arbitrators have awarded alterations to maternity benefits including

this Arbitrator The primary basis for these alterations is rooted in the social policy which is

reflected in our various legislative standards However it can be a benefit which is costly

In the Towns situation it would be appropriate to provide the top-up but only at the 75 level

for 17 weeks and not as requested by the Association The Arbitrator accepts the proposal of

the Association with respect to the other provisions of the Maternity Leave clause with and

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-21shy

an alteration to Article 2603 by striking out the provision of vacation and statutory holiday

credits as being part of the benefit Otherwise the benefit as set out in the Association

proposal is to form the provisions of the collective agreement

7 Article 6 - Salary Rates

The salary provisions for the expired collective agreement read as follows

601 Salary rates shall be in accordance with the following schedule and shall be effective on the dates shown Effective from January 1 1990 there will be a ten (10) percent differential between the rank of 1st Class Constable and Sergeant There will be a ten (10) percent differential between the rank of Sergeant and Staff Sergeant The rates are per annum

(a) Effective Classification Time in Force Rate

January 1 1991 Staff Sergeant $55272

Sergeant 50248

Constable Class 1 36 months or more 45680 Class 2 24 to 36 months 40516 Class 3 12 to 24 months 36670 Class 4 1 to 12 months 30157 Cadet 20400

July 1 1991 Staff Sergeant $56101

Sergeant 51001

Constable Class 1 36 months or more 46365 Class 2 24 to 36 months 41124 Class 3 12 to 24 months 37220 Class 4 1 to 12 months 30069 Cadet 20706

December 1 1991 Staff Sergeant $58121

Sergeant 52838

-22shy

Constable Class 1 36 months or more Class 2 24 to 36 months Class 3 12 to 24 months Class 4 1 to 12 months Cadet

DISPATCHERS

(b) Effective Reclassification

January 1 1991 Starting rateAfter 12 monthsAfter 24 monthsAfter 36 months

Senior Dispatcher

JulY 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 monthsSenior Dispatcher

December 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 monthsSenior Dispatcher

SPECIAL CONSTABLES

(c) Effective Reclassification

January 1 1991 Starting Rate After 12 months After 24 months After 36 months

July 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 months

December 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 months

48035 42604 38559 31711 21451

Rate

$24340 24966 26236 26999 28321

$24705 25341 26629 27404 28746

$26088 26760 28121 28939 30355

Rate

$25733 26828 28396 30054

$26119 27230 28822 30505

$27582 28755 30436 32213

-23shy

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The Association proposes that there be a 5 increase to the First Class

Constables rate of pay The Town consistent with its stated position on a wage freeze

proposes no change in salaries

The data submitted on behalf of the Association largely looks to other police

forces to justify its position The Association submits that with forces of 20 to 50 police

personnel (lnnisfil has 32) the average 1991 salary was $4691400 with Innisfil being at

$4803500 or 239 above that average The average of the known settlements and

arbitrated salaries for 1992 is $4820700 which represents an average increase of 352 The

other table which the Association submits compares police forces and communities with a

population between 20000 and 40000 Innisfil has a population of approximately 21000

The equivalent data for 1991 shows an average salary for the First Class Constable at

$4742100 with 1nnisfu Township being at $4803500 or 129 above that average The

negotiated or arbitrated results for 1992 salaries averages $4876400 for an increase of 422

on the average from 1991 The Association also submits a 10 year comparison analysis of

these forces to further justify its position

The Towns submissions are largely based on its general submission that there ought

to be a freeze in wages and working conditions and no alterations to the collective

agreement It also submits that a 5 increase is excessive resulting in an overall wage cost

increase of $12800000 The Employer submits that the compound wage increase for uniform

staff for 1991 was 73 and that was a generous settlement which caused the police services

budget to rise by 44 for 1992 just to reflect the alteration to the back-in percentage

changes which occurred on July 1 and December 1 1991 I

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-19shy

2602

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receive benefits provided under 2602 and 2603

notwithstanding those continued by virtue of the

Employment standards Act

During the maternity leave the Board shall

(a) during the first two weeks pay the member 93 of

her regular rate of pay and

(b) during the following 15 weeks or shorter period

if the member returns to work pay the member at a

rate of pay equivalent to the difference between

the Unemployment Insurance benefits the member is

eligible to receive and 93 of her regular rate of

pay

A member shall continue to accumulate seniority and the

Board shall continue to provide the member with

vacation and statutory holiday credit insurance

welfare medical dental pension and all other

benefits specified by the agreement while on maternity

and orparental leave

Maternity leave and parental leave for the naturalmother shall not exceed 35 weeks Parental leave for

either parent or adoptive parent shall not exceed 18

weeks in accordance with the provisions of the

employment Standards Act

The Association that leave proposal is required tosubmits its maternity

I conform with the provisionsof the amended Employment StandardsAct and to providea

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-20shy

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supplementary benefit for members on maternity leave The effect of these submissions is

that there would be a supplementary unemployment benefit topping up the members U1C

benefit to 93 of the weekly rate of pay Here the Association looks more broadly to the

public service and public sector or-Ontario as well as some private sector employers such as

Bell Canada to justify its position

The Employer submits that the Associations proposal is excessive and costly

and as a result unreasonable It was further submitted on behalf of the Employer that Article

2603 even if it is accepted goes beyond the Employment Standards Act when it provides that

members vacation and statutory holiday credits be extended while on maternity leave

The Federal and Provincial Government have promoted the concept of paid

maternity leave and have made legal changes to endorse their philosophy It is a political

priority for social equality within the Province Furthermore in respect of Police there has

been a provincial political priority to ensure that police forces attract more women to their

ranks A necessary part of the approach and philosophy of the government is the need to

improve police agreements as they relate to child bearing and rearing

A number of Arbitrators have awarded alterations to maternity benefits including

this Arbitrator The primary basis for these alterations is rooted in the social policy which is

reflected in our various legislative standards However it can be a benefit which is costly

In the Towns situation it would be appropriate to provide the top-up but only at the 75 level

for 17 weeks and not as requested by the Association The Arbitrator accepts the proposal of

the Association with respect to the other provisions of the Maternity Leave clause with and

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-21shy

an alteration to Article 2603 by striking out the provision of vacation and statutory holiday

credits as being part of the benefit Otherwise the benefit as set out in the Association

proposal is to form the provisions of the collective agreement

7 Article 6 - Salary Rates

The salary provisions for the expired collective agreement read as follows

601 Salary rates shall be in accordance with the following schedule and shall be effective on the dates shown Effective from January 1 1990 there will be a ten (10) percent differential between the rank of 1st Class Constable and Sergeant There will be a ten (10) percent differential between the rank of Sergeant and Staff Sergeant The rates are per annum

(a) Effective Classification Time in Force Rate

January 1 1991 Staff Sergeant $55272

Sergeant 50248

Constable Class 1 36 months or more 45680 Class 2 24 to 36 months 40516 Class 3 12 to 24 months 36670 Class 4 1 to 12 months 30157 Cadet 20400

July 1 1991 Staff Sergeant $56101

Sergeant 51001

Constable Class 1 36 months or more 46365 Class 2 24 to 36 months 41124 Class 3 12 to 24 months 37220 Class 4 1 to 12 months 30069 Cadet 20706

December 1 1991 Staff Sergeant $58121

Sergeant 52838

-22shy

Constable Class 1 36 months or more Class 2 24 to 36 months Class 3 12 to 24 months Class 4 1 to 12 months Cadet

DISPATCHERS

(b) Effective Reclassification

January 1 1991 Starting rateAfter 12 monthsAfter 24 monthsAfter 36 months

Senior Dispatcher

JulY 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 monthsSenior Dispatcher

December 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 monthsSenior Dispatcher

SPECIAL CONSTABLES

(c) Effective Reclassification

January 1 1991 Starting Rate After 12 months After 24 months After 36 months

July 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 months

December 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 months

48035 42604 38559 31711 21451

Rate

$24340 24966 26236 26999 28321

$24705 25341 26629 27404 28746

$26088 26760 28121 28939 30355

Rate

$25733 26828 28396 30054

$26119 27230 28822 30505

$27582 28755 30436 32213

-23shy

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The Association proposes that there be a 5 increase to the First Class

Constables rate of pay The Town consistent with its stated position on a wage freeze

proposes no change in salaries

The data submitted on behalf of the Association largely looks to other police

forces to justify its position The Association submits that with forces of 20 to 50 police

personnel (lnnisfil has 32) the average 1991 salary was $4691400 with Innisfil being at

$4803500 or 239 above that average The average of the known settlements and

arbitrated salaries for 1992 is $4820700 which represents an average increase of 352 The

other table which the Association submits compares police forces and communities with a

population between 20000 and 40000 Innisfil has a population of approximately 21000

The equivalent data for 1991 shows an average salary for the First Class Constable at

$4742100 with 1nnisfu Township being at $4803500 or 129 above that average The

negotiated or arbitrated results for 1992 salaries averages $4876400 for an increase of 422

on the average from 1991 The Association also submits a 10 year comparison analysis of

these forces to further justify its position

The Towns submissions are largely based on its general submission that there ought

to be a freeze in wages and working conditions and no alterations to the collective

agreement It also submits that a 5 increase is excessive resulting in an overall wage cost

increase of $12800000 The Employer submits that the compound wage increase for uniform

staff for 1991 was 73 and that was a generous settlement which caused the police services

budget to rise by 44 for 1992 just to reflect the alteration to the back-in percentage

changes which occurred on July 1 and December 1 1991 I

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-20shy

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supplementary benefit for members on maternity leave The effect of these submissions is

that there would be a supplementary unemployment benefit topping up the members U1C

benefit to 93 of the weekly rate of pay Here the Association looks more broadly to the

public service and public sector or-Ontario as well as some private sector employers such as

Bell Canada to justify its position

The Employer submits that the Associations proposal is excessive and costly

and as a result unreasonable It was further submitted on behalf of the Employer that Article

2603 even if it is accepted goes beyond the Employment Standards Act when it provides that

members vacation and statutory holiday credits be extended while on maternity leave

The Federal and Provincial Government have promoted the concept of paid

maternity leave and have made legal changes to endorse their philosophy It is a political

priority for social equality within the Province Furthermore in respect of Police there has

been a provincial political priority to ensure that police forces attract more women to their

ranks A necessary part of the approach and philosophy of the government is the need to

improve police agreements as they relate to child bearing and rearing

A number of Arbitrators have awarded alterations to maternity benefits including

this Arbitrator The primary basis for these alterations is rooted in the social policy which is

reflected in our various legislative standards However it can be a benefit which is costly

In the Towns situation it would be appropriate to provide the top-up but only at the 75 level

for 17 weeks and not as requested by the Association The Arbitrator accepts the proposal of

the Association with respect to the other provisions of the Maternity Leave clause with and

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-21shy

an alteration to Article 2603 by striking out the provision of vacation and statutory holiday

credits as being part of the benefit Otherwise the benefit as set out in the Association

proposal is to form the provisions of the collective agreement

7 Article 6 - Salary Rates

The salary provisions for the expired collective agreement read as follows

601 Salary rates shall be in accordance with the following schedule and shall be effective on the dates shown Effective from January 1 1990 there will be a ten (10) percent differential between the rank of 1st Class Constable and Sergeant There will be a ten (10) percent differential between the rank of Sergeant and Staff Sergeant The rates are per annum

(a) Effective Classification Time in Force Rate

January 1 1991 Staff Sergeant $55272

Sergeant 50248

Constable Class 1 36 months or more 45680 Class 2 24 to 36 months 40516 Class 3 12 to 24 months 36670 Class 4 1 to 12 months 30157 Cadet 20400

July 1 1991 Staff Sergeant $56101

Sergeant 51001

Constable Class 1 36 months or more 46365 Class 2 24 to 36 months 41124 Class 3 12 to 24 months 37220 Class 4 1 to 12 months 30069 Cadet 20706

December 1 1991 Staff Sergeant $58121

Sergeant 52838

-22shy

Constable Class 1 36 months or more Class 2 24 to 36 months Class 3 12 to 24 months Class 4 1 to 12 months Cadet

DISPATCHERS

(b) Effective Reclassification

January 1 1991 Starting rateAfter 12 monthsAfter 24 monthsAfter 36 months

Senior Dispatcher

JulY 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 monthsSenior Dispatcher

December 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 monthsSenior Dispatcher

SPECIAL CONSTABLES

(c) Effective Reclassification

January 1 1991 Starting Rate After 12 months After 24 months After 36 months

July 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 months

December 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 months

48035 42604 38559 31711 21451

Rate

$24340 24966 26236 26999 28321

$24705 25341 26629 27404 28746

$26088 26760 28121 28939 30355

Rate

$25733 26828 28396 30054

$26119 27230 28822 30505

$27582 28755 30436 32213

-23shy

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The Association proposes that there be a 5 increase to the First Class

Constables rate of pay The Town consistent with its stated position on a wage freeze

proposes no change in salaries

The data submitted on behalf of the Association largely looks to other police

forces to justify its position The Association submits that with forces of 20 to 50 police

personnel (lnnisfil has 32) the average 1991 salary was $4691400 with Innisfil being at

$4803500 or 239 above that average The average of the known settlements and

arbitrated salaries for 1992 is $4820700 which represents an average increase of 352 The

other table which the Association submits compares police forces and communities with a

population between 20000 and 40000 Innisfil has a population of approximately 21000

The equivalent data for 1991 shows an average salary for the First Class Constable at

$4742100 with 1nnisfu Township being at $4803500 or 129 above that average The

negotiated or arbitrated results for 1992 salaries averages $4876400 for an increase of 422

on the average from 1991 The Association also submits a 10 year comparison analysis of

these forces to further justify its position

The Towns submissions are largely based on its general submission that there ought

to be a freeze in wages and working conditions and no alterations to the collective

agreement It also submits that a 5 increase is excessive resulting in an overall wage cost

increase of $12800000 The Employer submits that the compound wage increase for uniform

staff for 1991 was 73 and that was a generous settlement which caused the police services

budget to rise by 44 for 1992 just to reflect the alteration to the back-in percentage

changes which occurred on July 1 and December 1 1991 I

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-21shy

an alteration to Article 2603 by striking out the provision of vacation and statutory holiday

credits as being part of the benefit Otherwise the benefit as set out in the Association

proposal is to form the provisions of the collective agreement

7 Article 6 - Salary Rates

The salary provisions for the expired collective agreement read as follows

601 Salary rates shall be in accordance with the following schedule and shall be effective on the dates shown Effective from January 1 1990 there will be a ten (10) percent differential between the rank of 1st Class Constable and Sergeant There will be a ten (10) percent differential between the rank of Sergeant and Staff Sergeant The rates are per annum

(a) Effective Classification Time in Force Rate

January 1 1991 Staff Sergeant $55272

Sergeant 50248

Constable Class 1 36 months or more 45680 Class 2 24 to 36 months 40516 Class 3 12 to 24 months 36670 Class 4 1 to 12 months 30157 Cadet 20400

July 1 1991 Staff Sergeant $56101

Sergeant 51001

Constable Class 1 36 months or more 46365 Class 2 24 to 36 months 41124 Class 3 12 to 24 months 37220 Class 4 1 to 12 months 30069 Cadet 20706

December 1 1991 Staff Sergeant $58121

Sergeant 52838

-22shy

Constable Class 1 36 months or more Class 2 24 to 36 months Class 3 12 to 24 months Class 4 1 to 12 months Cadet

DISPATCHERS

(b) Effective Reclassification

January 1 1991 Starting rateAfter 12 monthsAfter 24 monthsAfter 36 months

Senior Dispatcher

JulY 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 monthsSenior Dispatcher

December 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 monthsSenior Dispatcher

SPECIAL CONSTABLES

(c) Effective Reclassification

January 1 1991 Starting Rate After 12 months After 24 months After 36 months

July 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 months

December 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 months

48035 42604 38559 31711 21451

Rate

$24340 24966 26236 26999 28321

$24705 25341 26629 27404 28746

$26088 26760 28121 28939 30355

Rate

$25733 26828 28396 30054

$26119 27230 28822 30505

$27582 28755 30436 32213

-23shy

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The Association proposes that there be a 5 increase to the First Class

Constables rate of pay The Town consistent with its stated position on a wage freeze

proposes no change in salaries

The data submitted on behalf of the Association largely looks to other police

forces to justify its position The Association submits that with forces of 20 to 50 police

personnel (lnnisfil has 32) the average 1991 salary was $4691400 with Innisfil being at

$4803500 or 239 above that average The average of the known settlements and

arbitrated salaries for 1992 is $4820700 which represents an average increase of 352 The

other table which the Association submits compares police forces and communities with a

population between 20000 and 40000 Innisfil has a population of approximately 21000

The equivalent data for 1991 shows an average salary for the First Class Constable at

$4742100 with 1nnisfu Township being at $4803500 or 129 above that average The

negotiated or arbitrated results for 1992 salaries averages $4876400 for an increase of 422

on the average from 1991 The Association also submits a 10 year comparison analysis of

these forces to further justify its position

The Towns submissions are largely based on its general submission that there ought

to be a freeze in wages and working conditions and no alterations to the collective

agreement It also submits that a 5 increase is excessive resulting in an overall wage cost

increase of $12800000 The Employer submits that the compound wage increase for uniform

staff for 1991 was 73 and that was a generous settlement which caused the police services

budget to rise by 44 for 1992 just to reflect the alteration to the back-in percentage

changes which occurred on July 1 and December 1 1991 I

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Constable Class 1 36 months or more Class 2 24 to 36 months Class 3 12 to 24 months Class 4 1 to 12 months Cadet

DISPATCHERS

(b) Effective Reclassification

January 1 1991 Starting rateAfter 12 monthsAfter 24 monthsAfter 36 months

Senior Dispatcher

JulY 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 monthsSenior Dispatcher

December 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 monthsSenior Dispatcher

SPECIAL CONSTABLES

(c) Effective Reclassification

January 1 1991 Starting Rate After 12 months After 24 months After 36 months

July 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 months

December 1 1991 Starting RateAfter 12 monthsAfter 24 monthsAfter 36 months

48035 42604 38559 31711 21451

Rate

$24340 24966 26236 26999 28321

$24705 25341 26629 27404 28746

$26088 26760 28121 28939 30355

Rate

$25733 26828 28396 30054

$26119 27230 28822 30505

$27582 28755 30436 32213

-23shy

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The Association proposes that there be a 5 increase to the First Class

Constables rate of pay The Town consistent with its stated position on a wage freeze

proposes no change in salaries

The data submitted on behalf of the Association largely looks to other police

forces to justify its position The Association submits that with forces of 20 to 50 police

personnel (lnnisfil has 32) the average 1991 salary was $4691400 with Innisfil being at

$4803500 or 239 above that average The average of the known settlements and

arbitrated salaries for 1992 is $4820700 which represents an average increase of 352 The

other table which the Association submits compares police forces and communities with a

population between 20000 and 40000 Innisfil has a population of approximately 21000

The equivalent data for 1991 shows an average salary for the First Class Constable at

$4742100 with 1nnisfu Township being at $4803500 or 129 above that average The

negotiated or arbitrated results for 1992 salaries averages $4876400 for an increase of 422

on the average from 1991 The Association also submits a 10 year comparison analysis of

these forces to further justify its position

The Towns submissions are largely based on its general submission that there ought

to be a freeze in wages and working conditions and no alterations to the collective

agreement It also submits that a 5 increase is excessive resulting in an overall wage cost

increase of $12800000 The Employer submits that the compound wage increase for uniform

staff for 1991 was 73 and that was a generous settlement which caused the police services

budget to rise by 44 for 1992 just to reflect the alteration to the back-in percentage

changes which occurred on July 1 and December 1 1991 I

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The Association proposes that there be a 5 increase to the First Class

Constables rate of pay The Town consistent with its stated position on a wage freeze

proposes no change in salaries

The data submitted on behalf of the Association largely looks to other police

forces to justify its position The Association submits that with forces of 20 to 50 police

personnel (lnnisfil has 32) the average 1991 salary was $4691400 with Innisfil being at

$4803500 or 239 above that average The average of the known settlements and

arbitrated salaries for 1992 is $4820700 which represents an average increase of 352 The

other table which the Association submits compares police forces and communities with a

population between 20000 and 40000 Innisfil has a population of approximately 21000

The equivalent data for 1991 shows an average salary for the First Class Constable at

$4742100 with 1nnisfu Township being at $4803500 or 129 above that average The

negotiated or arbitrated results for 1992 salaries averages $4876400 for an increase of 422

on the average from 1991 The Association also submits a 10 year comparison analysis of

these forces to further justify its position

The Towns submissions are largely based on its general submission that there ought

to be a freeze in wages and working conditions and no alterations to the collective

agreement It also submits that a 5 increase is excessive resulting in an overall wage cost

increase of $12800000 The Employer submits that the compound wage increase for uniform

staff for 1991 was 73 and that was a generous settlement which caused the police services

budget to rise by 44 for 1992 just to reflect the alteration to the back-in percentage

changes which occurred on July 1 and December 1 1991 I

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The Arbitrator notes that the Town in arranging for a back-in wage increase

followed a pattern cornmon in the late 1980s and early 1990s of split percentage increases in

order to reduce the impact of wage increases within a current year while bringing the wages

up to a level considered to be appropriate in light of other comparators by the end of the

contract year It cannot subsequently turn around and say since that has been the negotiation

strategy in a prior year it ought to be a justification in the current year for a no wage

increase The Town ought to have thought of the longer term consequences in making such an

adjustment and should have been aware that it had built in a 44 or similar percentage rise in

its budgetary cost for the subsequent year while having very little impact in the then current

year The Arbitrator does not find that to be any justification for limiting the Associations

wage increase in the current year The Arbitrator simply rejects the in-pocket earnings

comparison between this Association and the Orillia Police Association

The data submitted on behalf of the Association reflects greater wage restraint

than the request of the Association The Arbitrator also finds that the Associations proposals

do not reflect the current trend in both negotiated and arbitrated salary or wage increases to

hold the line and limit compensation increases to a relatively small amotUlt in comparisons to

settlements and arbitrated results in previous years The Provincial employees received a 1

increase in wages for 1992 Most of the 1992 arbitrated results in police contracts have been

between 2 and 35 The average has been 16 for the private sector according to recent

Labour Canada statistics All of those increases are a considerable distance from the

Associations proposal of 5 The forces within the local geographic area as submitted in the

Towns brief at page 19 indicate that the lnnisfil Police Force is doing

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-25shy

relatively well in tenns of salary with only the Barrie Police force being ahead in 1991

Indeed even the Associations comparative data based on force size and population size show

Innisfil to be well ahead of the average in its tables 2 and 3 on page 37 and 39

The Arbitrator in examining all of the data notes that the range is between

20 and 39 for settlements or arbitrated results amongst police forces of comparable size

or population in the 1992 contract year lIUlisfil is above the average in 1991 for both sets of

comparisons in this time of economic restraint it is necessary to hold back wage increases

and the Arbitrator has tried to give Innisfil a competitive increase amongst other police

forces while allowing some erosion of its position about the average of these forces It is

ordered that the rate for a First Class Constable be altered by 15 on January 1 1992 and a

further 15 on July 1 1992 for an overall end rate change in 1993 of 3 and an effective

wage rate increase of 226 for the year

TIle parties are directed to use this award to complete the negotiation of their

1992 collective agreement They are directed to enter into their contract immediatley

following the receipt of this award

-26shy

DATED AT LONDON ONTARIO THIS 11th DAY OF SEPTEMBER 1992

() 1 (j IJJ ~t ~1

IV~v~~~ e 1 ~~ -Richard H McLaren Arbitrator

3043W

-25shy

relatively well in tenns of salary with only the Barrie Police force being ahead in 1991

Indeed even the Associations comparative data based on force size and population size show

Innisfil to be well ahead of the average in its tables 2 and 3 on page 37 and 39

The Arbitrator in examining all of the data notes that the range is between

20 and 39 for settlements or arbitrated results amongst police forces of comparable size

or population in the 1992 contract year lIUlisfil is above the average in 1991 for both sets of

comparisons in this time of economic restraint it is necessary to hold back wage increases

and the Arbitrator has tried to give Innisfil a competitive increase amongst other police

forces while allowing some erosion of its position about the average of these forces It is

ordered that the rate for a First Class Constable be altered by 15 on January 1 1992 and a

further 15 on July 1 1992 for an overall end rate change in 1993 of 3 and an effective

wage rate increase of 226 for the year

TIle parties are directed to use this award to complete the negotiation of their

1992 collective agreement They are directed to enter into their contract immediatley

following the receipt of this award

-26shy

DATED AT LONDON ONTARIO THIS 11th DAY OF SEPTEMBER 1992

() 1 (j IJJ ~t ~1

IV~v~~~ e 1 ~~ -Richard H McLaren Arbitrator

3043W

-26shy

DATED AT LONDON ONTARIO THIS 11th DAY OF SEPTEMBER 1992

() 1 (j IJJ ~t ~1

IV~v~~~ e 1 ~~ -Richard H McLaren Arbitrator

3043W