--318) Hearing Date of Award KtNURA Aprll lU 1981

i

I g-eoB

IN THE MATTER OF AN INTEREST ARBITRATION PURSUANTTO THE P6LICE ACT OF ONTARIO RSO 1980 c 381 AS AMENDED

BETWEEN THE BOARDOF COMMISSIONERSOF POLICE FOR THE TOWNOF KENORA

(the Board)

AND THE KENORAPOLICE ASSOCIATION (the Association)

ARBITRATOR JOHN R DEMPSTER

APPEARANCES

For the Board

G Firman Counsel C Poirer Member

R Mosher Member J McMillin Secretary-TreasurerE Martin Accountant

For the Association

P Teskey Counsel B Ponton President B Simpson SecretaryB Neufeld C Marchand J Wiebe

A hearing in this matter was held in Kenora on February 26 1987

--shy

AWARD

This is an interest arbitration pursuant to Section 32(1) of

the Police Act On December 19 1986 I was appointed

arbitrator by the Honourable Ian Scott Acting Solicitor General

of Ontario to hear and determine all matters in dispute between

the parties concerning their 1986 collective agreements By

agreement of the parties a hearing in relation to this matter

was held in Kenora on February 26 1987 At the commencement of

the proceedings both parties agreed that the arbitrator was

properly appointed and had jurisdiction to determine all matters

outstanding between them The term of the agreements covered by

this award shall be from January 1st 1986 to and including

December 31st 1986

The Town of Kenora with a population of 9574 is located in

Northwestern Ontario The District of Kenora is a popular

recreational area and in the summer months the population doubles

due to vacat i oner s and tourists The Kenora Police Force has a

complement of 24 uniformed officers which includes the Chief and

Deputy Chief This force patrols a nine square mile area with 40

miles of roads There are also nine civilian employees who are

members of the force They bargain with the uniformed group and

are covered by a separate agreement This award deals with the

1986 collective agreements for both groups

I~ -2shy

On September 17 1985 the Association served notice to

the Board of its desire to bargain with a view to amending the

1985 agreements The parties held eight meetings A number of

issues were agreed upon in negotiations and are identified at

pp 21 and 22 of the Associations brief At the request of

both parties those terms previously agreed to are incorporated

into and form part of this award Due to the availability of

both counsel a hearing was not possible until February 261987

There are difficulties in dealing with the agreements at this

lat~ date Many benefit carriers will not provide service

retroactively for such a long period of time Life insurance is

a good example It may be of benefit to both parties in the

future to establish a timetable for their negotiations

I turn now to those matters regarding which evidence and

argument was presented to this arbitrator I sQall deal with

each item by referring to the numbered articles in the collective

agreements between the parties for the year 1985 filed as

Exhibit 8

- - shyn

( -3shy

1 Holidays Article 5

This article currently provides for 10 working days

vacation with pay after one year of service 15 days after three

years 20 days after 10 years 25 days after 18 years and 30 days

after 25 years The Association proposes 5 weeks vacation after

15 years and six weeks after 20 years In support of its request

the Association points out that eight forces in Northwestern

Ontario provide a five week vacation at a point earlier than

Kenora

The Board proposes no change in vacations Counsel

concedes that several forces in Zone 1 provide a more generous

five week vacation than that currently in effect for Kenora

However he is of the view that this must be balanced by the fact

that some of those forces do not provide for six weeks of

vacation With respect to the six week entitlement a review of

the data indicates that only one force in Zone provides for six1

weeks vacation after 20 years Two forces have no provision for

six weeks and three forces provide the same six weeks vacation

after 25 years as Kenora

In sum the arbitrator finds the Associations position

with respect to five weeks vacation after 15 years to be more

persuasive Accordingly article 5 shall be amended to reflect

-4shy(

five weeks vacation after 15 years effective December 31 1986

The six week vacation provision remains unchanged

2 Statutory Holidays -- Article 6

This article provides for 11 statutory holidays plus five

and a half days pay at the regular hourly rate The Association

proposes an additional holiday and to increase the present five

and a half days pay to 10 The Board is opposed to any change in

this benefit and points out that Kenora provides the second

highest number of total days of statutory holidays in Zone 1

According to data submitted by the Association 26 forces in

Ontario receive 12 statutory holidays while one force receives

13 In view of the evidence and on balance the arbitrator can

see no justification to alter the present provision

3 Clothing and Equipment -- Article 9(a)(i)

The current article provides for three pairs of boots

every two years The Association request is to replace a pair of

regular- boots with a pair of insulated winter boots comparable to

those used by Ontario Hydro Regular boots are $87 a pair while

the winter boots are estimated to be approximately $14250 It

--shy

AWARD

This is an interest arbitration pursuant to Section 32(1) of

the Police Act On December 19 1986 I was appointed

arbitrator by the Honourable Ian Scott Acting Solicitor General

of Ontario to hear and determine all matters in dispute between

the parties concerning their 1986 collective agreements By

agreement of the parties a hearing in relation to this matter

was held in Kenora on February 26 1987 At the commencement of

the proceedings both parties agreed that the arbitrator was

properly appointed and had jurisdiction to determine all matters

outstanding between them The term of the agreements covered by

this award shall be from January 1st 1986 to and including

December 31st 1986

The Town of Kenora with a population of 9574 is located in

Northwestern Ontario The District of Kenora is a popular

recreational area and in the summer months the population doubles

due to vacat i oner s and tourists The Kenora Police Force has a

complement of 24 uniformed officers which includes the Chief and

Deputy Chief This force patrols a nine square mile area with 40

miles of roads There are also nine civilian employees who are

members of the force They bargain with the uniformed group and

are covered by a separate agreement This award deals with the

1986 collective agreements for both groups

I~ -2shy

On September 17 1985 the Association served notice to

the Board of its desire to bargain with a view to amending the

1985 agreements The parties held eight meetings A number of

issues were agreed upon in negotiations and are identified at

pp 21 and 22 of the Associations brief At the request of

both parties those terms previously agreed to are incorporated

into and form part of this award Due to the availability of

both counsel a hearing was not possible until February 261987

There are difficulties in dealing with the agreements at this

lat~ date Many benefit carriers will not provide service

retroactively for such a long period of time Life insurance is

a good example It may be of benefit to both parties in the

future to establish a timetable for their negotiations

I turn now to those matters regarding which evidence and

argument was presented to this arbitrator I sQall deal with

each item by referring to the numbered articles in the collective

agreements between the parties for the year 1985 filed as

Exhibit 8

- - shyn

( -3shy

1 Holidays Article 5

This article currently provides for 10 working days

vacation with pay after one year of service 15 days after three

years 20 days after 10 years 25 days after 18 years and 30 days

after 25 years The Association proposes 5 weeks vacation after

15 years and six weeks after 20 years In support of its request

the Association points out that eight forces in Northwestern

Ontario provide a five week vacation at a point earlier than

Kenora

The Board proposes no change in vacations Counsel

concedes that several forces in Zone 1 provide a more generous

five week vacation than that currently in effect for Kenora

However he is of the view that this must be balanced by the fact

that some of those forces do not provide for six weeks of

vacation With respect to the six week entitlement a review of

the data indicates that only one force in Zone provides for six1

weeks vacation after 20 years Two forces have no provision for

six weeks and three forces provide the same six weeks vacation

after 25 years as Kenora

In sum the arbitrator finds the Associations position

with respect to five weeks vacation after 15 years to be more

persuasive Accordingly article 5 shall be amended to reflect

-4shy(

five weeks vacation after 15 years effective December 31 1986

The six week vacation provision remains unchanged

2 Statutory Holidays -- Article 6

This article provides for 11 statutory holidays plus five

and a half days pay at the regular hourly rate The Association

proposes an additional holiday and to increase the present five

and a half days pay to 10 The Board is opposed to any change in

this benefit and points out that Kenora provides the second

highest number of total days of statutory holidays in Zone 1

According to data submitted by the Association 26 forces in

Ontario receive 12 statutory holidays while one force receives

13 In view of the evidence and on balance the arbitrator can

see no justification to alter the present provision

3 Clothing and Equipment -- Article 9(a)(i)

The current article provides for three pairs of boots

every two years The Association request is to replace a pair of

regular- boots with a pair of insulated winter boots comparable to

those used by Ontario Hydro Regular boots are $87 a pair while

the winter boots are estimated to be approximately $14250 It

I~ -2shy

On September 17 1985 the Association served notice to

the Board of its desire to bargain with a view to amending the

1985 agreements The parties held eight meetings A number of

issues were agreed upon in negotiations and are identified at

pp 21 and 22 of the Associations brief At the request of

both parties those terms previously agreed to are incorporated

into and form part of this award Due to the availability of

both counsel a hearing was not possible until February 261987

There are difficulties in dealing with the agreements at this

lat~ date Many benefit carriers will not provide service

retroactively for such a long period of time Life insurance is

a good example It may be of benefit to both parties in the

future to establish a timetable for their negotiations

I turn now to those matters regarding which evidence and

argument was presented to this arbitrator I sQall deal with

each item by referring to the numbered articles in the collective

agreements between the parties for the year 1985 filed as

Exhibit 8

- - shyn

( -3shy

1 Holidays Article 5

This article currently provides for 10 working days

vacation with pay after one year of service 15 days after three

years 20 days after 10 years 25 days after 18 years and 30 days

after 25 years The Association proposes 5 weeks vacation after

15 years and six weeks after 20 years In support of its request

the Association points out that eight forces in Northwestern

Ontario provide a five week vacation at a point earlier than

Kenora

The Board proposes no change in vacations Counsel

concedes that several forces in Zone 1 provide a more generous

five week vacation than that currently in effect for Kenora

However he is of the view that this must be balanced by the fact

that some of those forces do not provide for six weeks of

vacation With respect to the six week entitlement a review of

the data indicates that only one force in Zone provides for six1

weeks vacation after 20 years Two forces have no provision for

six weeks and three forces provide the same six weeks vacation

after 25 years as Kenora

In sum the arbitrator finds the Associations position

with respect to five weeks vacation after 15 years to be more

persuasive Accordingly article 5 shall be amended to reflect

-4shy(

five weeks vacation after 15 years effective December 31 1986

The six week vacation provision remains unchanged

2 Statutory Holidays -- Article 6

This article provides for 11 statutory holidays plus five

and a half days pay at the regular hourly rate The Association

proposes an additional holiday and to increase the present five

and a half days pay to 10 The Board is opposed to any change in

this benefit and points out that Kenora provides the second

highest number of total days of statutory holidays in Zone 1

According to data submitted by the Association 26 forces in

Ontario receive 12 statutory holidays while one force receives

13 In view of the evidence and on balance the arbitrator can

see no justification to alter the present provision

3 Clothing and Equipment -- Article 9(a)(i)

The current article provides for three pairs of boots

every two years The Association request is to replace a pair of

regular- boots with a pair of insulated winter boots comparable to

those used by Ontario Hydro Regular boots are $87 a pair while

the winter boots are estimated to be approximately $14250 It

- - shyn

( -3shy

1 Holidays Article 5

This article currently provides for 10 working days

vacation with pay after one year of service 15 days after three

years 20 days after 10 years 25 days after 18 years and 30 days

after 25 years The Association proposes 5 weeks vacation after

15 years and six weeks after 20 years In support of its request

the Association points out that eight forces in Northwestern

Ontario provide a five week vacation at a point earlier than

Kenora

The Board proposes no change in vacations Counsel

concedes that several forces in Zone 1 provide a more generous

five week vacation than that currently in effect for Kenora

However he is of the view that this must be balanced by the fact

that some of those forces do not provide for six weeks of

vacation With respect to the six week entitlement a review of

the data indicates that only one force in Zone provides for six1

weeks vacation after 20 years Two forces have no provision for

six weeks and three forces provide the same six weeks vacation

after 25 years as Kenora

In sum the arbitrator finds the Associations position

with respect to five weeks vacation after 15 years to be more

persuasive Accordingly article 5 shall be amended to reflect

-4shy(

five weeks vacation after 15 years effective December 31 1986

The six week vacation provision remains unchanged

2 Statutory Holidays -- Article 6

This article provides for 11 statutory holidays plus five

and a half days pay at the regular hourly rate The Association

proposes an additional holiday and to increase the present five

and a half days pay to 10 The Board is opposed to any change in

this benefit and points out that Kenora provides the second

highest number of total days of statutory holidays in Zone 1

According to data submitted by the Association 26 forces in

Ontario receive 12 statutory holidays while one force receives

13 In view of the evidence and on balance the arbitrator can

see no justification to alter the present provision

3 Clothing and Equipment -- Article 9(a)(i)

The current article provides for three pairs of boots

every two years The Association request is to replace a pair of

regular- boots with a pair of insulated winter boots comparable to

those used by Ontario Hydro Regular boots are $87 a pair while

the winter boots are estimated to be approximately $14250 It

-4shy(

five weeks vacation after 15 years effective December 31 1986

The six week vacation provision remains unchanged

2 Statutory Holidays -- Article 6

This article provides for 11 statutory holidays plus five

and a half days pay at the regular hourly rate The Association

proposes an additional holiday and to increase the present five

and a half days pay to 10 The Board is opposed to any change in

this benefit and points out that Kenora provides the second

highest number of total days of statutory holidays in Zone 1

According to data submitted by the Association 26 forces in

Ontario receive 12 statutory holidays while one force receives

13 In view of the evidence and on balance the arbitrator can

see no justification to alter the present provision

3 Clothing and Equipment -- Article 9(a)(i)

The current article provides for three pairs of boots

every two years The Association request is to replace a pair of

regular- boots with a pair of insulated winter boots comparable to

those used by Ontario Hydro Regular boots are $87 a pair while

the winter boots are estimated to be approximately $14250 It

-5shyshy

is the Corporations position that their present allowance is

equal or better than that of other forces Counsel for the Board

indicates that no other force in Zone 1 has this type of boot

su~plied On balance the existing boot allowance appears to be

in line with other police agreements therefore I decline to

award the request

4 Hours of Work -- Article 11

The Association proposes a clause to provide for proper

notification of a shift change under non-emergency situations and

specifically a minimum notice of 24 hours or pay at time and

one-half for the shift worked Mr Teskey counsel for the

Association noted the stressful aspects of shift work and how

that burden is made excessive by sudden non-emergency changes in

shifts He submits that officers have been told at the last

mi~ute that their shifts were changed to facilitate time off for

other members even though management was aware earlier that

coverage would be necessary

On the other hand Mr Firman for the Corporation

advocates no change on the basis that the majority of provisions

in the surveyed agreements do not provide for a requisite notice

period of any change in the scheduled hours of work failing which

-6shyr

a penalty or overtime payment is to be made On the evidence

submitted I find the position of the Commission to be more

persuasive and accordingly award no change

5 Article 12 -- Overtime

Article 12(b) presently provides for time and one-half

for all hours worked in excess of the regular eight hour hift

The existing article 12(e) provides for one officer to be

detailed for escort duty The Association proposes two changes

in this article First that all overtime be paid at double time

after the first four hours Secondly the Association proposes

that all escorts of mental or violent patientscriminal prisoners

are to be carried out by two fully trained and armed officers

Mr Firman for the Corporation suggests that both

proposals be rejected He points out that all the forces in Zone

1 with one exception provide for overtime at the rate of time

and one-half All of the 12 other forces surveyed pay time and

one-half for all overtime hours worked Counsel also points out

that none of the forces surveyed provide for two fully trained

and armed officers for escort duty The Board feels that the

decision to assign o~e or two officers on escort duty should be

left to the discretion of the officer in charge of the shift

f-shy -7shy

After considering the Associations requests and examining the

data submitted the arbitrator declines to make the amendments

requested

6 Salaries -- Article 13

The first class constables rate in Kenora for 1985 is

$32254 The Association is requesting parity with the Ontario

Provincial Police (OPp) This would require an increase of

14928 based on the salary of a first class constable The

Corporation has proposed a 5 salary increase to all members

It i s the Associations position that the Kenora Force

requires special consideration in respect of salaries because

they are behind other forces Counsel contends that Kenora is

unique and has special policing problems not found elsewhere He

submits that many area residents have alcohol related problems

Moreover the annual influx of vacationers and tourists add to

the fact that the police workload in Kenora is excessively high

when compared to other forces In support of their position the

Association submitted three salary surveys

The first survey considers eight forces including the

OPP in the same geographic area of Northwestern Ontario This

i

-8shyr-shy

information indicates that $34981 is the average 1986 salary for

those forces It is the Associations position that their

salaries are $2727 or 845 below the average of this group A

second salary analysis includes 17 forces in communities with a

population of 8000 to 15000 This data suggests that $34483

is the average 1986 salary According to the Associations

calculations their salaries are 691 below the average of this

group The third salary comparison reviews 105 forces It

indicates that the average police salary is $34110 and those

forces on average received a 584 salary increase According to

the information submitted there were 49 forces below the 1986

aver-age salary Those forces received an average salary of

$32088 and an average increase of 625 in 1986 It is Mr

Teskeys submission that Kenora Police salaries are behind the

provincial average

Mr Firman for the Corporation suggests that a 15 salary

increase is unreasonable It is his view that a salary

comparison between Kenora and other municipal forces is more

appropriate In support of the 5 increase counsel compared

salaries of those forces in Zone 1 Additionally the

Corporation submitted a salary review of 12 communities outside

of Zone 1 where the authorized strength of the force and the

population of the community most closely approximated that of

Kenora Salaries for a first class constable in 1986 range from

-9shy(--

$33317 in Hawkesbury to $36019 in Elliott Lake with an average

being $34407

Counsel for the Corporation suggests that community

standards are important when considering police salaries He

notes that Civic employees represented by CUPE negotiated a

3 salary increase for 1986 The Towns firefighters also

negotiated a 3 salary increase for the year

Mr Firman introduced the Consumer Price Index (CPI) for

Thunder Bay since no figure is published for Kenora The

percentage increase in the CPI for the period December 3-1 1985

to December 31 1986 is shown to be 276 In view of all these

facts the Commission feels that a 15 increase as proposed by

the Association is not realistic and their proposal of 5 is more

than reasonable

In any interest arbitration process the immediate

difficulty is to select comparable factors for review Police

salaries locally and elsewhere are relevant and are accorded

significant weight The public interest is also an important

consideration because they PBY the bill for police services An

arbitrator must consider the total compensation package The

current economic climate as well as local standards are

relative In sum the interests of both parties must be balanced

(- -10shy

so that a settlement is reasonable and fair for all concerned

The Associations request for a 15 salary increase for

one year must be rejected In my view Kenora Police salaries

should appropriately be compared with other municipal forces A

15 salary improvement is very much out of balance with settleshy

ments in Northwestern Ontario and elsewhere The arbitrator can

find no justification for special consideration in respect of

salaries Previous salaries have been freely negotiated and I see

no reason to interfere

On the other hand a 5 increase would generate a salary of

$33866 for 1986 which is slightly low by comparison It was

established by the Commission that the average salary of a first

class constable in 12 similar sized communities was $34407 A

survey of 105 forces indicates that the average salary is

$34110 The Association suggests that the average salary in Zone

1 for 1986 is $34682

After carefully considering and weighing the submissions

of both counsel I feel that a salary increase of 65 to all

ranks retroactive to January 1 1986 is reasonable and fair and

I so award This increase will provide the first class constable

in Kenora with a salary of $34351 for 1986 This increase is in

-11shy(-

line with other police settlements and the salary appears to be

comparable to those salary comparisons submitted The final

salary for 1986 will enable the Kenora Force to maintain a

relative salary position with forces in Zone 1 as weil as

elsewhere

7 Group Insurance and Dental -- Article 15(b)

This article presently provides for a Blue Cross Dental

Plan number 9 It also includes a provision for a 1984 Ontario

Dental Association fee guide Presently the Board pays thefirst

$13 of the cost The Association proposes that the Board pay 100

of the current plan with the addition of Riders 2 3 and 4 In

addition the Association proposes a Vision Plan paid fully by the

Board Mr Teskey for the Association in support of his position

notes that forces in Fort Frances Terrace Bay Atikokan and

Marathon have their Dental Plan paid 100 by their respective

boards Counsel also notes that 80 forces in Ontario have their

Dental Plan paid 100 Counsel for the Board proposes no further

change in this article and points out that the parties have agreed

to replace the 1984 Ontario Dental Association fee guide with the

current schedule Mr Firman also submits that only two of the

six local forces provide a VisionCare Plan

-12shy(-

The arbitrator is sympathetic with respect to the

improvements proposed for the Dental Plan and on the basis of data

submitted there is justification for improvement However the

parties have agreed to the current Ontario Dental Association fee

guide and this agreement is incorporated into and forms part of

this award In view of the fact that this award is for one year

and keeping in mind the total compensation package I am not

prepared to make the changes requested

8 Insurance -- Article 17

At the present time members are covered by life insurance

equal to twice their annual salary The Town pays 70 of the

premium cost of such coverage The Association has requested that

the entire cost of this benefit be borne by the Board In support

of its position the Association argued that 118 forces have Life

Insurance and 97 of those forces have this benefit paid 100 The

Board responded by stating that the current Life Insurance is at

least equal to and probably better than the norm I am impressed

by the evidence presented by the Association Moreover given the

alarming increase in police fatalities in recent times there can

be no doubt that this is an important benefit for pOlicemen and

-13shyr-

their families However we are dealing with a collective

agreement that is of a one year duration to expire at the end of

1986 In the circumstances both parties will have an opportunity

to address this matter in direct bargaining almost immediately

It is my view that improvements in this benefit should be

implemented on an agreed basis in direct bargaining Therefore

decline to make the award as requested

9 Long Term Disability -- Article 19

Currently each member is covered by a Long Term Disability

Plan with a minimum coverage of 60 of monthly earnings to a

maximum of $1500 per month and the Board pays 100 of the cost

The Association requests that the minimum coverage be increased

from 60 to 75 and remove the maximum of $1500 Both parties

submitted data to support their respective positions and on the

evidence there is justification for improvements However the

arbitrator must take into consideration the total compensation

package for a one year agreement Therefore I am not prepared to

make the award as requested However the Town should out of

fairness and consideration for the interests of its policemen

closely examine this benefit in the next round of negotiations

I

-14shy(~

10 Time Off for Association Business -- Article 21

Currently one member of the Association is allowed three

consecutive days leave with pay to attend the annual conference of

the Police Association of Ontario The Association requests that

the allowance be increased to 10 working day leave wfth pay for

its authorized members to attend to Association business In

addition there is a request that officers be paid for time spent

in negotiations or arbitration meetings during their - normal

working hours The Corporation is opposed to any change to this

article on the basis that no demonstrated need has been provided

by the Ass 0c i-at ion An examination of the data submitted by both

parties indicates that on average the present three day provision

is low when compared to local and other forces In my view an

improvement is reasonable in light of the evidence submitted

Therefore I direct that Article 21 be amended to provide for six

( 6 ) days of leave with pay to authorized members to attend to

Association business and the annual conference of the Police

Association of Ontario effective December 31 1986

11 Two-ManPatrol Cars -- NewArticle

The Association has two requests in respect of this new

article The first request is for a two-man patrol car between

-15shyrshy

the hours of 400 pm and 800 am Additionally there is a

request for a minimum of three uniformed officers per shift Mr

Teskey for the Association submits that the officers safety is a

major consideration In further support of his position counsel

points out that Kenora is faced with a serious social problem

namely the excessive use of alcohol He also indicated that

alcohol related arrests accounted for 30 of the occurrences in

1985 Mr Teskey also reminded the arbitrator that both Thunder

Bay and Dryden forces have two-man patrols from 400 pm to 800

am for safety reasons

Counsel for the Board suggests that two-man patrols are

not found in the majority of agreements surveyed He submits

that only one of six forces in Zone 1 provide for two-man

patrols In a survey of 12 other communities Mr Firman

suggests that only four provide for two-man patrols It is his

view that safety efficiency and cost are better served in the

present arrangement It was the Boards position that there are

usually three uniformed officers on duty However it is

conceded that due to manpower shortages there are occasions when

three officers are not on duty

The matter of two-man patrol cars is a very difficult

issue Both sides have expressed a concern for the safety of the

-16shy(-

men and I share that concern There are procedures designed for

the safety of the officers when on patrol and it is important

that they be followed very closely However provisions for

two-man patrol cars do not appear to be included in the majority

of agreements examined In all of the circumstances and on the

evidence before me I make no order in response to the

Associations request for two-man patrol cars or for three

uniformed officers to be on duty at one time

12 Time Owing -- New Article

The Association proposes that any overtime hours worked

be allowed to accumulate with no limit in an overtime bank

The officer would have the option of receiving a cash payout or

banking the time to be taken off at any time throughout the year

subject to operational requirements Mr Teskey note~ that four

forces in Zone 1 have some form of banking time Mr Firman for

the Board points out that during the summer months the police

force is extremely busy and additional manpower is required

because of holidays and the increased workload The evidence

indicates that some forces have no provision for banking overtime

hours Other forces allow the accumulation of overtime hours

with various limits and at the discretion of the chief In all

of the circumstances I decline to award the changes requested by

the Association

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

-6shyr

a penalty or overtime payment is to be made On the evidence

submitted I find the position of the Commission to be more

persuasive and accordingly award no change

5 Article 12 -- Overtime

Article 12(b) presently provides for time and one-half

for all hours worked in excess of the regular eight hour hift

The existing article 12(e) provides for one officer to be

detailed for escort duty The Association proposes two changes

in this article First that all overtime be paid at double time

after the first four hours Secondly the Association proposes

that all escorts of mental or violent patientscriminal prisoners

are to be carried out by two fully trained and armed officers

Mr Firman for the Corporation suggests that both

proposals be rejected He points out that all the forces in Zone

1 with one exception provide for overtime at the rate of time

and one-half All of the 12 other forces surveyed pay time and

one-half for all overtime hours worked Counsel also points out

that none of the forces surveyed provide for two fully trained

and armed officers for escort duty The Board feels that the

decision to assign o~e or two officers on escort duty should be

left to the discretion of the officer in charge of the shift

f-shy -7shy

After considering the Associations requests and examining the

data submitted the arbitrator declines to make the amendments

requested

6 Salaries -- Article 13

The first class constables rate in Kenora for 1985 is

$32254 The Association is requesting parity with the Ontario

Provincial Police (OPp) This would require an increase of

14928 based on the salary of a first class constable The

Corporation has proposed a 5 salary increase to all members

It i s the Associations position that the Kenora Force

requires special consideration in respect of salaries because

they are behind other forces Counsel contends that Kenora is

unique and has special policing problems not found elsewhere He

submits that many area residents have alcohol related problems

Moreover the annual influx of vacationers and tourists add to

the fact that the police workload in Kenora is excessively high

when compared to other forces In support of their position the

Association submitted three salary surveys

The first survey considers eight forces including the

OPP in the same geographic area of Northwestern Ontario This

i

-8shyr-shy

information indicates that $34981 is the average 1986 salary for

those forces It is the Associations position that their

salaries are $2727 or 845 below the average of this group A

second salary analysis includes 17 forces in communities with a

population of 8000 to 15000 This data suggests that $34483

is the average 1986 salary According to the Associations

calculations their salaries are 691 below the average of this

group The third salary comparison reviews 105 forces It

indicates that the average police salary is $34110 and those

forces on average received a 584 salary increase According to

the information submitted there were 49 forces below the 1986

aver-age salary Those forces received an average salary of

$32088 and an average increase of 625 in 1986 It is Mr

Teskeys submission that Kenora Police salaries are behind the

provincial average

Mr Firman for the Corporation suggests that a 15 salary

increase is unreasonable It is his view that a salary

comparison between Kenora and other municipal forces is more

appropriate In support of the 5 increase counsel compared

salaries of those forces in Zone 1 Additionally the

Corporation submitted a salary review of 12 communities outside

of Zone 1 where the authorized strength of the force and the

population of the community most closely approximated that of

Kenora Salaries for a first class constable in 1986 range from

-9shy(--

$33317 in Hawkesbury to $36019 in Elliott Lake with an average

being $34407

Counsel for the Corporation suggests that community

standards are important when considering police salaries He

notes that Civic employees represented by CUPE negotiated a

3 salary increase for 1986 The Towns firefighters also

negotiated a 3 salary increase for the year

Mr Firman introduced the Consumer Price Index (CPI) for

Thunder Bay since no figure is published for Kenora The

percentage increase in the CPI for the period December 3-1 1985

to December 31 1986 is shown to be 276 In view of all these

facts the Commission feels that a 15 increase as proposed by

the Association is not realistic and their proposal of 5 is more

than reasonable

In any interest arbitration process the immediate

difficulty is to select comparable factors for review Police

salaries locally and elsewhere are relevant and are accorded

significant weight The public interest is also an important

consideration because they PBY the bill for police services An

arbitrator must consider the total compensation package The

current economic climate as well as local standards are

relative In sum the interests of both parties must be balanced

(- -10shy

so that a settlement is reasonable and fair for all concerned

The Associations request for a 15 salary increase for

one year must be rejected In my view Kenora Police salaries

should appropriately be compared with other municipal forces A

15 salary improvement is very much out of balance with settleshy

ments in Northwestern Ontario and elsewhere The arbitrator can

find no justification for special consideration in respect of

salaries Previous salaries have been freely negotiated and I see

no reason to interfere

On the other hand a 5 increase would generate a salary of

$33866 for 1986 which is slightly low by comparison It was

established by the Commission that the average salary of a first

class constable in 12 similar sized communities was $34407 A

survey of 105 forces indicates that the average salary is

$34110 The Association suggests that the average salary in Zone

1 for 1986 is $34682

After carefully considering and weighing the submissions

of both counsel I feel that a salary increase of 65 to all

ranks retroactive to January 1 1986 is reasonable and fair and

I so award This increase will provide the first class constable

in Kenora with a salary of $34351 for 1986 This increase is in

-11shy(-

line with other police settlements and the salary appears to be

comparable to those salary comparisons submitted The final

salary for 1986 will enable the Kenora Force to maintain a

relative salary position with forces in Zone 1 as weil as

elsewhere

7 Group Insurance and Dental -- Article 15(b)

This article presently provides for a Blue Cross Dental

Plan number 9 It also includes a provision for a 1984 Ontario

Dental Association fee guide Presently the Board pays thefirst

$13 of the cost The Association proposes that the Board pay 100

of the current plan with the addition of Riders 2 3 and 4 In

addition the Association proposes a Vision Plan paid fully by the

Board Mr Teskey for the Association in support of his position

notes that forces in Fort Frances Terrace Bay Atikokan and

Marathon have their Dental Plan paid 100 by their respective

boards Counsel also notes that 80 forces in Ontario have their

Dental Plan paid 100 Counsel for the Board proposes no further

change in this article and points out that the parties have agreed

to replace the 1984 Ontario Dental Association fee guide with the

current schedule Mr Firman also submits that only two of the

six local forces provide a VisionCare Plan

-12shy(-

The arbitrator is sympathetic with respect to the

improvements proposed for the Dental Plan and on the basis of data

submitted there is justification for improvement However the

parties have agreed to the current Ontario Dental Association fee

guide and this agreement is incorporated into and forms part of

this award In view of the fact that this award is for one year

and keeping in mind the total compensation package I am not

prepared to make the changes requested

8 Insurance -- Article 17

At the present time members are covered by life insurance

equal to twice their annual salary The Town pays 70 of the

premium cost of such coverage The Association has requested that

the entire cost of this benefit be borne by the Board In support

of its position the Association argued that 118 forces have Life

Insurance and 97 of those forces have this benefit paid 100 The

Board responded by stating that the current Life Insurance is at

least equal to and probably better than the norm I am impressed

by the evidence presented by the Association Moreover given the

alarming increase in police fatalities in recent times there can

be no doubt that this is an important benefit for pOlicemen and

-13shyr-

their families However we are dealing with a collective

agreement that is of a one year duration to expire at the end of

1986 In the circumstances both parties will have an opportunity

to address this matter in direct bargaining almost immediately

It is my view that improvements in this benefit should be

implemented on an agreed basis in direct bargaining Therefore

decline to make the award as requested

9 Long Term Disability -- Article 19

Currently each member is covered by a Long Term Disability

Plan with a minimum coverage of 60 of monthly earnings to a

maximum of $1500 per month and the Board pays 100 of the cost

The Association requests that the minimum coverage be increased

from 60 to 75 and remove the maximum of $1500 Both parties

submitted data to support their respective positions and on the

evidence there is justification for improvements However the

arbitrator must take into consideration the total compensation

package for a one year agreement Therefore I am not prepared to

make the award as requested However the Town should out of

fairness and consideration for the interests of its policemen

closely examine this benefit in the next round of negotiations

I

-14shy(~

10 Time Off for Association Business -- Article 21

Currently one member of the Association is allowed three

consecutive days leave with pay to attend the annual conference of

the Police Association of Ontario The Association requests that

the allowance be increased to 10 working day leave wfth pay for

its authorized members to attend to Association business In

addition there is a request that officers be paid for time spent

in negotiations or arbitration meetings during their - normal

working hours The Corporation is opposed to any change to this

article on the basis that no demonstrated need has been provided

by the Ass 0c i-at ion An examination of the data submitted by both

parties indicates that on average the present three day provision

is low when compared to local and other forces In my view an

improvement is reasonable in light of the evidence submitted

Therefore I direct that Article 21 be amended to provide for six

( 6 ) days of leave with pay to authorized members to attend to

Association business and the annual conference of the Police

Association of Ontario effective December 31 1986

11 Two-ManPatrol Cars -- NewArticle

The Association has two requests in respect of this new

article The first request is for a two-man patrol car between

-15shyrshy

the hours of 400 pm and 800 am Additionally there is a

request for a minimum of three uniformed officers per shift Mr

Teskey for the Association submits that the officers safety is a

major consideration In further support of his position counsel

points out that Kenora is faced with a serious social problem

namely the excessive use of alcohol He also indicated that

alcohol related arrests accounted for 30 of the occurrences in

1985 Mr Teskey also reminded the arbitrator that both Thunder

Bay and Dryden forces have two-man patrols from 400 pm to 800

am for safety reasons

Counsel for the Board suggests that two-man patrols are

not found in the majority of agreements surveyed He submits

that only one of six forces in Zone 1 provide for two-man

patrols In a survey of 12 other communities Mr Firman

suggests that only four provide for two-man patrols It is his

view that safety efficiency and cost are better served in the

present arrangement It was the Boards position that there are

usually three uniformed officers on duty However it is

conceded that due to manpower shortages there are occasions when

three officers are not on duty

The matter of two-man patrol cars is a very difficult

issue Both sides have expressed a concern for the safety of the

-16shy(-

men and I share that concern There are procedures designed for

the safety of the officers when on patrol and it is important

that they be followed very closely However provisions for

two-man patrol cars do not appear to be included in the majority

of agreements examined In all of the circumstances and on the

evidence before me I make no order in response to the

Associations request for two-man patrol cars or for three

uniformed officers to be on duty at one time

12 Time Owing -- New Article

The Association proposes that any overtime hours worked

be allowed to accumulate with no limit in an overtime bank

The officer would have the option of receiving a cash payout or

banking the time to be taken off at any time throughout the year

subject to operational requirements Mr Teskey note~ that four

forces in Zone 1 have some form of banking time Mr Firman for

the Board points out that during the summer months the police

force is extremely busy and additional manpower is required

because of holidays and the increased workload The evidence

indicates that some forces have no provision for banking overtime

hours Other forces allow the accumulation of overtime hours

with various limits and at the discretion of the chief In all

of the circumstances I decline to award the changes requested by

the Association

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

f-shy -7shy

After considering the Associations requests and examining the

data submitted the arbitrator declines to make the amendments

requested

6 Salaries -- Article 13

The first class constables rate in Kenora for 1985 is

$32254 The Association is requesting parity with the Ontario

Provincial Police (OPp) This would require an increase of

14928 based on the salary of a first class constable The

Corporation has proposed a 5 salary increase to all members

It i s the Associations position that the Kenora Force

requires special consideration in respect of salaries because

they are behind other forces Counsel contends that Kenora is

unique and has special policing problems not found elsewhere He

submits that many area residents have alcohol related problems

Moreover the annual influx of vacationers and tourists add to

the fact that the police workload in Kenora is excessively high

when compared to other forces In support of their position the

Association submitted three salary surveys

The first survey considers eight forces including the

OPP in the same geographic area of Northwestern Ontario This

i

-8shyr-shy

information indicates that $34981 is the average 1986 salary for

those forces It is the Associations position that their

salaries are $2727 or 845 below the average of this group A

second salary analysis includes 17 forces in communities with a

population of 8000 to 15000 This data suggests that $34483

is the average 1986 salary According to the Associations

calculations their salaries are 691 below the average of this

group The third salary comparison reviews 105 forces It

indicates that the average police salary is $34110 and those

forces on average received a 584 salary increase According to

the information submitted there were 49 forces below the 1986

aver-age salary Those forces received an average salary of

$32088 and an average increase of 625 in 1986 It is Mr

Teskeys submission that Kenora Police salaries are behind the

provincial average

Mr Firman for the Corporation suggests that a 15 salary

increase is unreasonable It is his view that a salary

comparison between Kenora and other municipal forces is more

appropriate In support of the 5 increase counsel compared

salaries of those forces in Zone 1 Additionally the

Corporation submitted a salary review of 12 communities outside

of Zone 1 where the authorized strength of the force and the

population of the community most closely approximated that of

Kenora Salaries for a first class constable in 1986 range from

-9shy(--

$33317 in Hawkesbury to $36019 in Elliott Lake with an average

being $34407

Counsel for the Corporation suggests that community

standards are important when considering police salaries He

notes that Civic employees represented by CUPE negotiated a

3 salary increase for 1986 The Towns firefighters also

negotiated a 3 salary increase for the year

Mr Firman introduced the Consumer Price Index (CPI) for

Thunder Bay since no figure is published for Kenora The

percentage increase in the CPI for the period December 3-1 1985

to December 31 1986 is shown to be 276 In view of all these

facts the Commission feels that a 15 increase as proposed by

the Association is not realistic and their proposal of 5 is more

than reasonable

In any interest arbitration process the immediate

difficulty is to select comparable factors for review Police

salaries locally and elsewhere are relevant and are accorded

significant weight The public interest is also an important

consideration because they PBY the bill for police services An

arbitrator must consider the total compensation package The

current economic climate as well as local standards are

relative In sum the interests of both parties must be balanced

(- -10shy

so that a settlement is reasonable and fair for all concerned

The Associations request for a 15 salary increase for

one year must be rejected In my view Kenora Police salaries

should appropriately be compared with other municipal forces A

15 salary improvement is very much out of balance with settleshy

ments in Northwestern Ontario and elsewhere The arbitrator can

find no justification for special consideration in respect of

salaries Previous salaries have been freely negotiated and I see

no reason to interfere

On the other hand a 5 increase would generate a salary of

$33866 for 1986 which is slightly low by comparison It was

established by the Commission that the average salary of a first

class constable in 12 similar sized communities was $34407 A

survey of 105 forces indicates that the average salary is

$34110 The Association suggests that the average salary in Zone

1 for 1986 is $34682

After carefully considering and weighing the submissions

of both counsel I feel that a salary increase of 65 to all

ranks retroactive to January 1 1986 is reasonable and fair and

I so award This increase will provide the first class constable

in Kenora with a salary of $34351 for 1986 This increase is in

-11shy(-

line with other police settlements and the salary appears to be

comparable to those salary comparisons submitted The final

salary for 1986 will enable the Kenora Force to maintain a

relative salary position with forces in Zone 1 as weil as

elsewhere

7 Group Insurance and Dental -- Article 15(b)

This article presently provides for a Blue Cross Dental

Plan number 9 It also includes a provision for a 1984 Ontario

Dental Association fee guide Presently the Board pays thefirst

$13 of the cost The Association proposes that the Board pay 100

of the current plan with the addition of Riders 2 3 and 4 In

addition the Association proposes a Vision Plan paid fully by the

Board Mr Teskey for the Association in support of his position

notes that forces in Fort Frances Terrace Bay Atikokan and

Marathon have their Dental Plan paid 100 by their respective

boards Counsel also notes that 80 forces in Ontario have their

Dental Plan paid 100 Counsel for the Board proposes no further

change in this article and points out that the parties have agreed

to replace the 1984 Ontario Dental Association fee guide with the

current schedule Mr Firman also submits that only two of the

six local forces provide a VisionCare Plan

-12shy(-

The arbitrator is sympathetic with respect to the

improvements proposed for the Dental Plan and on the basis of data

submitted there is justification for improvement However the

parties have agreed to the current Ontario Dental Association fee

guide and this agreement is incorporated into and forms part of

this award In view of the fact that this award is for one year

and keeping in mind the total compensation package I am not

prepared to make the changes requested

8 Insurance -- Article 17

At the present time members are covered by life insurance

equal to twice their annual salary The Town pays 70 of the

premium cost of such coverage The Association has requested that

the entire cost of this benefit be borne by the Board In support

of its position the Association argued that 118 forces have Life

Insurance and 97 of those forces have this benefit paid 100 The

Board responded by stating that the current Life Insurance is at

least equal to and probably better than the norm I am impressed

by the evidence presented by the Association Moreover given the

alarming increase in police fatalities in recent times there can

be no doubt that this is an important benefit for pOlicemen and

-13shyr-

their families However we are dealing with a collective

agreement that is of a one year duration to expire at the end of

1986 In the circumstances both parties will have an opportunity

to address this matter in direct bargaining almost immediately

It is my view that improvements in this benefit should be

implemented on an agreed basis in direct bargaining Therefore

decline to make the award as requested

9 Long Term Disability -- Article 19

Currently each member is covered by a Long Term Disability

Plan with a minimum coverage of 60 of monthly earnings to a

maximum of $1500 per month and the Board pays 100 of the cost

The Association requests that the minimum coverage be increased

from 60 to 75 and remove the maximum of $1500 Both parties

submitted data to support their respective positions and on the

evidence there is justification for improvements However the

arbitrator must take into consideration the total compensation

package for a one year agreement Therefore I am not prepared to

make the award as requested However the Town should out of

fairness and consideration for the interests of its policemen

closely examine this benefit in the next round of negotiations

I

-14shy(~

10 Time Off for Association Business -- Article 21

Currently one member of the Association is allowed three

consecutive days leave with pay to attend the annual conference of

the Police Association of Ontario The Association requests that

the allowance be increased to 10 working day leave wfth pay for

its authorized members to attend to Association business In

addition there is a request that officers be paid for time spent

in negotiations or arbitration meetings during their - normal

working hours The Corporation is opposed to any change to this

article on the basis that no demonstrated need has been provided

by the Ass 0c i-at ion An examination of the data submitted by both

parties indicates that on average the present three day provision

is low when compared to local and other forces In my view an

improvement is reasonable in light of the evidence submitted

Therefore I direct that Article 21 be amended to provide for six

( 6 ) days of leave with pay to authorized members to attend to

Association business and the annual conference of the Police

Association of Ontario effective December 31 1986

11 Two-ManPatrol Cars -- NewArticle

The Association has two requests in respect of this new

article The first request is for a two-man patrol car between

-15shyrshy

the hours of 400 pm and 800 am Additionally there is a

request for a minimum of three uniformed officers per shift Mr

Teskey for the Association submits that the officers safety is a

major consideration In further support of his position counsel

points out that Kenora is faced with a serious social problem

namely the excessive use of alcohol He also indicated that

alcohol related arrests accounted for 30 of the occurrences in

1985 Mr Teskey also reminded the arbitrator that both Thunder

Bay and Dryden forces have two-man patrols from 400 pm to 800

am for safety reasons

Counsel for the Board suggests that two-man patrols are

not found in the majority of agreements surveyed He submits

that only one of six forces in Zone 1 provide for two-man

patrols In a survey of 12 other communities Mr Firman

suggests that only four provide for two-man patrols It is his

view that safety efficiency and cost are better served in the

present arrangement It was the Boards position that there are

usually three uniformed officers on duty However it is

conceded that due to manpower shortages there are occasions when

three officers are not on duty

The matter of two-man patrol cars is a very difficult

issue Both sides have expressed a concern for the safety of the

-16shy(-

men and I share that concern There are procedures designed for

the safety of the officers when on patrol and it is important

that they be followed very closely However provisions for

two-man patrol cars do not appear to be included in the majority

of agreements examined In all of the circumstances and on the

evidence before me I make no order in response to the

Associations request for two-man patrol cars or for three

uniformed officers to be on duty at one time

12 Time Owing -- New Article

The Association proposes that any overtime hours worked

be allowed to accumulate with no limit in an overtime bank

The officer would have the option of receiving a cash payout or

banking the time to be taken off at any time throughout the year

subject to operational requirements Mr Teskey note~ that four

forces in Zone 1 have some form of banking time Mr Firman for

the Board points out that during the summer months the police

force is extremely busy and additional manpower is required

because of holidays and the increased workload The evidence

indicates that some forces have no provision for banking overtime

hours Other forces allow the accumulation of overtime hours

with various limits and at the discretion of the chief In all

of the circumstances I decline to award the changes requested by

the Association

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

i

-8shyr-shy

information indicates that $34981 is the average 1986 salary for

those forces It is the Associations position that their

salaries are $2727 or 845 below the average of this group A

second salary analysis includes 17 forces in communities with a

population of 8000 to 15000 This data suggests that $34483

is the average 1986 salary According to the Associations

calculations their salaries are 691 below the average of this

group The third salary comparison reviews 105 forces It

indicates that the average police salary is $34110 and those

forces on average received a 584 salary increase According to

the information submitted there were 49 forces below the 1986

aver-age salary Those forces received an average salary of

$32088 and an average increase of 625 in 1986 It is Mr

Teskeys submission that Kenora Police salaries are behind the

provincial average

Mr Firman for the Corporation suggests that a 15 salary

increase is unreasonable It is his view that a salary

comparison between Kenora and other municipal forces is more

appropriate In support of the 5 increase counsel compared

salaries of those forces in Zone 1 Additionally the

Corporation submitted a salary review of 12 communities outside

of Zone 1 where the authorized strength of the force and the

population of the community most closely approximated that of

Kenora Salaries for a first class constable in 1986 range from

-9shy(--

$33317 in Hawkesbury to $36019 in Elliott Lake with an average

being $34407

Counsel for the Corporation suggests that community

standards are important when considering police salaries He

notes that Civic employees represented by CUPE negotiated a

3 salary increase for 1986 The Towns firefighters also

negotiated a 3 salary increase for the year

Mr Firman introduced the Consumer Price Index (CPI) for

Thunder Bay since no figure is published for Kenora The

percentage increase in the CPI for the period December 3-1 1985

to December 31 1986 is shown to be 276 In view of all these

facts the Commission feels that a 15 increase as proposed by

the Association is not realistic and their proposal of 5 is more

than reasonable

In any interest arbitration process the immediate

difficulty is to select comparable factors for review Police

salaries locally and elsewhere are relevant and are accorded

significant weight The public interest is also an important

consideration because they PBY the bill for police services An

arbitrator must consider the total compensation package The

current economic climate as well as local standards are

relative In sum the interests of both parties must be balanced

(- -10shy

so that a settlement is reasonable and fair for all concerned

The Associations request for a 15 salary increase for

one year must be rejected In my view Kenora Police salaries

should appropriately be compared with other municipal forces A

15 salary improvement is very much out of balance with settleshy

ments in Northwestern Ontario and elsewhere The arbitrator can

find no justification for special consideration in respect of

salaries Previous salaries have been freely negotiated and I see

no reason to interfere

On the other hand a 5 increase would generate a salary of

$33866 for 1986 which is slightly low by comparison It was

established by the Commission that the average salary of a first

class constable in 12 similar sized communities was $34407 A

survey of 105 forces indicates that the average salary is

$34110 The Association suggests that the average salary in Zone

1 for 1986 is $34682

After carefully considering and weighing the submissions

of both counsel I feel that a salary increase of 65 to all

ranks retroactive to January 1 1986 is reasonable and fair and

I so award This increase will provide the first class constable

in Kenora with a salary of $34351 for 1986 This increase is in

-11shy(-

line with other police settlements and the salary appears to be

comparable to those salary comparisons submitted The final

salary for 1986 will enable the Kenora Force to maintain a

relative salary position with forces in Zone 1 as weil as

elsewhere

7 Group Insurance and Dental -- Article 15(b)

This article presently provides for a Blue Cross Dental

Plan number 9 It also includes a provision for a 1984 Ontario

Dental Association fee guide Presently the Board pays thefirst

$13 of the cost The Association proposes that the Board pay 100

of the current plan with the addition of Riders 2 3 and 4 In

addition the Association proposes a Vision Plan paid fully by the

Board Mr Teskey for the Association in support of his position

notes that forces in Fort Frances Terrace Bay Atikokan and

Marathon have their Dental Plan paid 100 by their respective

boards Counsel also notes that 80 forces in Ontario have their

Dental Plan paid 100 Counsel for the Board proposes no further

change in this article and points out that the parties have agreed

to replace the 1984 Ontario Dental Association fee guide with the

current schedule Mr Firman also submits that only two of the

six local forces provide a VisionCare Plan

-12shy(-

The arbitrator is sympathetic with respect to the

improvements proposed for the Dental Plan and on the basis of data

submitted there is justification for improvement However the

parties have agreed to the current Ontario Dental Association fee

guide and this agreement is incorporated into and forms part of

this award In view of the fact that this award is for one year

and keeping in mind the total compensation package I am not

prepared to make the changes requested

8 Insurance -- Article 17

At the present time members are covered by life insurance

equal to twice their annual salary The Town pays 70 of the

premium cost of such coverage The Association has requested that

the entire cost of this benefit be borne by the Board In support

of its position the Association argued that 118 forces have Life

Insurance and 97 of those forces have this benefit paid 100 The

Board responded by stating that the current Life Insurance is at

least equal to and probably better than the norm I am impressed

by the evidence presented by the Association Moreover given the

alarming increase in police fatalities in recent times there can

be no doubt that this is an important benefit for pOlicemen and

-13shyr-

their families However we are dealing with a collective

agreement that is of a one year duration to expire at the end of

1986 In the circumstances both parties will have an opportunity

to address this matter in direct bargaining almost immediately

It is my view that improvements in this benefit should be

implemented on an agreed basis in direct bargaining Therefore

decline to make the award as requested

9 Long Term Disability -- Article 19

Currently each member is covered by a Long Term Disability

Plan with a minimum coverage of 60 of monthly earnings to a

maximum of $1500 per month and the Board pays 100 of the cost

The Association requests that the minimum coverage be increased

from 60 to 75 and remove the maximum of $1500 Both parties

submitted data to support their respective positions and on the

evidence there is justification for improvements However the

arbitrator must take into consideration the total compensation

package for a one year agreement Therefore I am not prepared to

make the award as requested However the Town should out of

fairness and consideration for the interests of its policemen

closely examine this benefit in the next round of negotiations

I

-14shy(~

10 Time Off for Association Business -- Article 21

Currently one member of the Association is allowed three

consecutive days leave with pay to attend the annual conference of

the Police Association of Ontario The Association requests that

the allowance be increased to 10 working day leave wfth pay for

its authorized members to attend to Association business In

addition there is a request that officers be paid for time spent

in negotiations or arbitration meetings during their - normal

working hours The Corporation is opposed to any change to this

article on the basis that no demonstrated need has been provided

by the Ass 0c i-at ion An examination of the data submitted by both

parties indicates that on average the present three day provision

is low when compared to local and other forces In my view an

improvement is reasonable in light of the evidence submitted

Therefore I direct that Article 21 be amended to provide for six

( 6 ) days of leave with pay to authorized members to attend to

Association business and the annual conference of the Police

Association of Ontario effective December 31 1986

11 Two-ManPatrol Cars -- NewArticle

The Association has two requests in respect of this new

article The first request is for a two-man patrol car between

-15shyrshy

the hours of 400 pm and 800 am Additionally there is a

request for a minimum of three uniformed officers per shift Mr

Teskey for the Association submits that the officers safety is a

major consideration In further support of his position counsel

points out that Kenora is faced with a serious social problem

namely the excessive use of alcohol He also indicated that

alcohol related arrests accounted for 30 of the occurrences in

1985 Mr Teskey also reminded the arbitrator that both Thunder

Bay and Dryden forces have two-man patrols from 400 pm to 800

am for safety reasons

Counsel for the Board suggests that two-man patrols are

not found in the majority of agreements surveyed He submits

that only one of six forces in Zone 1 provide for two-man

patrols In a survey of 12 other communities Mr Firman

suggests that only four provide for two-man patrols It is his

view that safety efficiency and cost are better served in the

present arrangement It was the Boards position that there are

usually three uniformed officers on duty However it is

conceded that due to manpower shortages there are occasions when

three officers are not on duty

The matter of two-man patrol cars is a very difficult

issue Both sides have expressed a concern for the safety of the

-16shy(-

men and I share that concern There are procedures designed for

the safety of the officers when on patrol and it is important

that they be followed very closely However provisions for

two-man patrol cars do not appear to be included in the majority

of agreements examined In all of the circumstances and on the

evidence before me I make no order in response to the

Associations request for two-man patrol cars or for three

uniformed officers to be on duty at one time

12 Time Owing -- New Article

The Association proposes that any overtime hours worked

be allowed to accumulate with no limit in an overtime bank

The officer would have the option of receiving a cash payout or

banking the time to be taken off at any time throughout the year

subject to operational requirements Mr Teskey note~ that four

forces in Zone 1 have some form of banking time Mr Firman for

the Board points out that during the summer months the police

force is extremely busy and additional manpower is required

because of holidays and the increased workload The evidence

indicates that some forces have no provision for banking overtime

hours Other forces allow the accumulation of overtime hours

with various limits and at the discretion of the chief In all

of the circumstances I decline to award the changes requested by

the Association

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

-9shy(--

$33317 in Hawkesbury to $36019 in Elliott Lake with an average

being $34407

Counsel for the Corporation suggests that community

standards are important when considering police salaries He

notes that Civic employees represented by CUPE negotiated a

3 salary increase for 1986 The Towns firefighters also

negotiated a 3 salary increase for the year

Mr Firman introduced the Consumer Price Index (CPI) for

Thunder Bay since no figure is published for Kenora The

percentage increase in the CPI for the period December 3-1 1985

to December 31 1986 is shown to be 276 In view of all these

facts the Commission feels that a 15 increase as proposed by

the Association is not realistic and their proposal of 5 is more

than reasonable

In any interest arbitration process the immediate

difficulty is to select comparable factors for review Police

salaries locally and elsewhere are relevant and are accorded

significant weight The public interest is also an important

consideration because they PBY the bill for police services An

arbitrator must consider the total compensation package The

current economic climate as well as local standards are

relative In sum the interests of both parties must be balanced

(- -10shy

so that a settlement is reasonable and fair for all concerned

The Associations request for a 15 salary increase for

one year must be rejected In my view Kenora Police salaries

should appropriately be compared with other municipal forces A

15 salary improvement is very much out of balance with settleshy

ments in Northwestern Ontario and elsewhere The arbitrator can

find no justification for special consideration in respect of

salaries Previous salaries have been freely negotiated and I see

no reason to interfere

On the other hand a 5 increase would generate a salary of

$33866 for 1986 which is slightly low by comparison It was

established by the Commission that the average salary of a first

class constable in 12 similar sized communities was $34407 A

survey of 105 forces indicates that the average salary is

$34110 The Association suggests that the average salary in Zone

1 for 1986 is $34682

After carefully considering and weighing the submissions

of both counsel I feel that a salary increase of 65 to all

ranks retroactive to January 1 1986 is reasonable and fair and

I so award This increase will provide the first class constable

in Kenora with a salary of $34351 for 1986 This increase is in

-11shy(-

line with other police settlements and the salary appears to be

comparable to those salary comparisons submitted The final

salary for 1986 will enable the Kenora Force to maintain a

relative salary position with forces in Zone 1 as weil as

elsewhere

7 Group Insurance and Dental -- Article 15(b)

This article presently provides for a Blue Cross Dental

Plan number 9 It also includes a provision for a 1984 Ontario

Dental Association fee guide Presently the Board pays thefirst

$13 of the cost The Association proposes that the Board pay 100

of the current plan with the addition of Riders 2 3 and 4 In

addition the Association proposes a Vision Plan paid fully by the

Board Mr Teskey for the Association in support of his position

notes that forces in Fort Frances Terrace Bay Atikokan and

Marathon have their Dental Plan paid 100 by their respective

boards Counsel also notes that 80 forces in Ontario have their

Dental Plan paid 100 Counsel for the Board proposes no further

change in this article and points out that the parties have agreed

to replace the 1984 Ontario Dental Association fee guide with the

current schedule Mr Firman also submits that only two of the

six local forces provide a VisionCare Plan

-12shy(-

The arbitrator is sympathetic with respect to the

improvements proposed for the Dental Plan and on the basis of data

submitted there is justification for improvement However the

parties have agreed to the current Ontario Dental Association fee

guide and this agreement is incorporated into and forms part of

this award In view of the fact that this award is for one year

and keeping in mind the total compensation package I am not

prepared to make the changes requested

8 Insurance -- Article 17

At the present time members are covered by life insurance

equal to twice their annual salary The Town pays 70 of the

premium cost of such coverage The Association has requested that

the entire cost of this benefit be borne by the Board In support

of its position the Association argued that 118 forces have Life

Insurance and 97 of those forces have this benefit paid 100 The

Board responded by stating that the current Life Insurance is at

least equal to and probably better than the norm I am impressed

by the evidence presented by the Association Moreover given the

alarming increase in police fatalities in recent times there can

be no doubt that this is an important benefit for pOlicemen and

-13shyr-

their families However we are dealing with a collective

agreement that is of a one year duration to expire at the end of

1986 In the circumstances both parties will have an opportunity

to address this matter in direct bargaining almost immediately

It is my view that improvements in this benefit should be

implemented on an agreed basis in direct bargaining Therefore

decline to make the award as requested

9 Long Term Disability -- Article 19

Currently each member is covered by a Long Term Disability

Plan with a minimum coverage of 60 of monthly earnings to a

maximum of $1500 per month and the Board pays 100 of the cost

The Association requests that the minimum coverage be increased

from 60 to 75 and remove the maximum of $1500 Both parties

submitted data to support their respective positions and on the

evidence there is justification for improvements However the

arbitrator must take into consideration the total compensation

package for a one year agreement Therefore I am not prepared to

make the award as requested However the Town should out of

fairness and consideration for the interests of its policemen

closely examine this benefit in the next round of negotiations

I

-14shy(~

10 Time Off for Association Business -- Article 21

Currently one member of the Association is allowed three

consecutive days leave with pay to attend the annual conference of

the Police Association of Ontario The Association requests that

the allowance be increased to 10 working day leave wfth pay for

its authorized members to attend to Association business In

addition there is a request that officers be paid for time spent

in negotiations or arbitration meetings during their - normal

working hours The Corporation is opposed to any change to this

article on the basis that no demonstrated need has been provided

by the Ass 0c i-at ion An examination of the data submitted by both

parties indicates that on average the present three day provision

is low when compared to local and other forces In my view an

improvement is reasonable in light of the evidence submitted

Therefore I direct that Article 21 be amended to provide for six

( 6 ) days of leave with pay to authorized members to attend to

Association business and the annual conference of the Police

Association of Ontario effective December 31 1986

11 Two-ManPatrol Cars -- NewArticle

The Association has two requests in respect of this new

article The first request is for a two-man patrol car between

-15shyrshy

the hours of 400 pm and 800 am Additionally there is a

request for a minimum of three uniformed officers per shift Mr

Teskey for the Association submits that the officers safety is a

major consideration In further support of his position counsel

points out that Kenora is faced with a serious social problem

namely the excessive use of alcohol He also indicated that

alcohol related arrests accounted for 30 of the occurrences in

1985 Mr Teskey also reminded the arbitrator that both Thunder

Bay and Dryden forces have two-man patrols from 400 pm to 800

am for safety reasons

Counsel for the Board suggests that two-man patrols are

not found in the majority of agreements surveyed He submits

that only one of six forces in Zone 1 provide for two-man

patrols In a survey of 12 other communities Mr Firman

suggests that only four provide for two-man patrols It is his

view that safety efficiency and cost are better served in the

present arrangement It was the Boards position that there are

usually three uniformed officers on duty However it is

conceded that due to manpower shortages there are occasions when

three officers are not on duty

The matter of two-man patrol cars is a very difficult

issue Both sides have expressed a concern for the safety of the

-16shy(-

men and I share that concern There are procedures designed for

the safety of the officers when on patrol and it is important

that they be followed very closely However provisions for

two-man patrol cars do not appear to be included in the majority

of agreements examined In all of the circumstances and on the

evidence before me I make no order in response to the

Associations request for two-man patrol cars or for three

uniformed officers to be on duty at one time

12 Time Owing -- New Article

The Association proposes that any overtime hours worked

be allowed to accumulate with no limit in an overtime bank

The officer would have the option of receiving a cash payout or

banking the time to be taken off at any time throughout the year

subject to operational requirements Mr Teskey note~ that four

forces in Zone 1 have some form of banking time Mr Firman for

the Board points out that during the summer months the police

force is extremely busy and additional manpower is required

because of holidays and the increased workload The evidence

indicates that some forces have no provision for banking overtime

hours Other forces allow the accumulation of overtime hours

with various limits and at the discretion of the chief In all

of the circumstances I decline to award the changes requested by

the Association

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

(- -10shy

so that a settlement is reasonable and fair for all concerned

The Associations request for a 15 salary increase for

one year must be rejected In my view Kenora Police salaries

should appropriately be compared with other municipal forces A

15 salary improvement is very much out of balance with settleshy

ments in Northwestern Ontario and elsewhere The arbitrator can

find no justification for special consideration in respect of

salaries Previous salaries have been freely negotiated and I see

no reason to interfere

On the other hand a 5 increase would generate a salary of

$33866 for 1986 which is slightly low by comparison It was

established by the Commission that the average salary of a first

class constable in 12 similar sized communities was $34407 A

survey of 105 forces indicates that the average salary is

$34110 The Association suggests that the average salary in Zone

1 for 1986 is $34682

After carefully considering and weighing the submissions

of both counsel I feel that a salary increase of 65 to all

ranks retroactive to January 1 1986 is reasonable and fair and

I so award This increase will provide the first class constable

in Kenora with a salary of $34351 for 1986 This increase is in

-11shy(-

line with other police settlements and the salary appears to be

comparable to those salary comparisons submitted The final

salary for 1986 will enable the Kenora Force to maintain a

relative salary position with forces in Zone 1 as weil as

elsewhere

7 Group Insurance and Dental -- Article 15(b)

This article presently provides for a Blue Cross Dental

Plan number 9 It also includes a provision for a 1984 Ontario

Dental Association fee guide Presently the Board pays thefirst

$13 of the cost The Association proposes that the Board pay 100

of the current plan with the addition of Riders 2 3 and 4 In

addition the Association proposes a Vision Plan paid fully by the

Board Mr Teskey for the Association in support of his position

notes that forces in Fort Frances Terrace Bay Atikokan and

Marathon have their Dental Plan paid 100 by their respective

boards Counsel also notes that 80 forces in Ontario have their

Dental Plan paid 100 Counsel for the Board proposes no further

change in this article and points out that the parties have agreed

to replace the 1984 Ontario Dental Association fee guide with the

current schedule Mr Firman also submits that only two of the

six local forces provide a VisionCare Plan

-12shy(-

The arbitrator is sympathetic with respect to the

improvements proposed for the Dental Plan and on the basis of data

submitted there is justification for improvement However the

parties have agreed to the current Ontario Dental Association fee

guide and this agreement is incorporated into and forms part of

this award In view of the fact that this award is for one year

and keeping in mind the total compensation package I am not

prepared to make the changes requested

8 Insurance -- Article 17

At the present time members are covered by life insurance

equal to twice their annual salary The Town pays 70 of the

premium cost of such coverage The Association has requested that

the entire cost of this benefit be borne by the Board In support

of its position the Association argued that 118 forces have Life

Insurance and 97 of those forces have this benefit paid 100 The

Board responded by stating that the current Life Insurance is at

least equal to and probably better than the norm I am impressed

by the evidence presented by the Association Moreover given the

alarming increase in police fatalities in recent times there can

be no doubt that this is an important benefit for pOlicemen and

-13shyr-

their families However we are dealing with a collective

agreement that is of a one year duration to expire at the end of

1986 In the circumstances both parties will have an opportunity

to address this matter in direct bargaining almost immediately

It is my view that improvements in this benefit should be

implemented on an agreed basis in direct bargaining Therefore

decline to make the award as requested

9 Long Term Disability -- Article 19

Currently each member is covered by a Long Term Disability

Plan with a minimum coverage of 60 of monthly earnings to a

maximum of $1500 per month and the Board pays 100 of the cost

The Association requests that the minimum coverage be increased

from 60 to 75 and remove the maximum of $1500 Both parties

submitted data to support their respective positions and on the

evidence there is justification for improvements However the

arbitrator must take into consideration the total compensation

package for a one year agreement Therefore I am not prepared to

make the award as requested However the Town should out of

fairness and consideration for the interests of its policemen

closely examine this benefit in the next round of negotiations

I

-14shy(~

10 Time Off for Association Business -- Article 21

Currently one member of the Association is allowed three

consecutive days leave with pay to attend the annual conference of

the Police Association of Ontario The Association requests that

the allowance be increased to 10 working day leave wfth pay for

its authorized members to attend to Association business In

addition there is a request that officers be paid for time spent

in negotiations or arbitration meetings during their - normal

working hours The Corporation is opposed to any change to this

article on the basis that no demonstrated need has been provided

by the Ass 0c i-at ion An examination of the data submitted by both

parties indicates that on average the present three day provision

is low when compared to local and other forces In my view an

improvement is reasonable in light of the evidence submitted

Therefore I direct that Article 21 be amended to provide for six

( 6 ) days of leave with pay to authorized members to attend to

Association business and the annual conference of the Police

Association of Ontario effective December 31 1986

11 Two-ManPatrol Cars -- NewArticle

The Association has two requests in respect of this new

article The first request is for a two-man patrol car between

-15shyrshy

the hours of 400 pm and 800 am Additionally there is a

request for a minimum of three uniformed officers per shift Mr

Teskey for the Association submits that the officers safety is a

major consideration In further support of his position counsel

points out that Kenora is faced with a serious social problem

namely the excessive use of alcohol He also indicated that

alcohol related arrests accounted for 30 of the occurrences in

1985 Mr Teskey also reminded the arbitrator that both Thunder

Bay and Dryden forces have two-man patrols from 400 pm to 800

am for safety reasons

Counsel for the Board suggests that two-man patrols are

not found in the majority of agreements surveyed He submits

that only one of six forces in Zone 1 provide for two-man

patrols In a survey of 12 other communities Mr Firman

suggests that only four provide for two-man patrols It is his

view that safety efficiency and cost are better served in the

present arrangement It was the Boards position that there are

usually three uniformed officers on duty However it is

conceded that due to manpower shortages there are occasions when

three officers are not on duty

The matter of two-man patrol cars is a very difficult

issue Both sides have expressed a concern for the safety of the

-16shy(-

men and I share that concern There are procedures designed for

the safety of the officers when on patrol and it is important

that they be followed very closely However provisions for

two-man patrol cars do not appear to be included in the majority

of agreements examined In all of the circumstances and on the

evidence before me I make no order in response to the

Associations request for two-man patrol cars or for three

uniformed officers to be on duty at one time

12 Time Owing -- New Article

The Association proposes that any overtime hours worked

be allowed to accumulate with no limit in an overtime bank

The officer would have the option of receiving a cash payout or

banking the time to be taken off at any time throughout the year

subject to operational requirements Mr Teskey note~ that four

forces in Zone 1 have some form of banking time Mr Firman for

the Board points out that during the summer months the police

force is extremely busy and additional manpower is required

because of holidays and the increased workload The evidence

indicates that some forces have no provision for banking overtime

hours Other forces allow the accumulation of overtime hours

with various limits and at the discretion of the chief In all

of the circumstances I decline to award the changes requested by

the Association

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

-11shy(-

line with other police settlements and the salary appears to be

comparable to those salary comparisons submitted The final

salary for 1986 will enable the Kenora Force to maintain a

relative salary position with forces in Zone 1 as weil as

elsewhere

7 Group Insurance and Dental -- Article 15(b)

This article presently provides for a Blue Cross Dental

Plan number 9 It also includes a provision for a 1984 Ontario

Dental Association fee guide Presently the Board pays thefirst

$13 of the cost The Association proposes that the Board pay 100

of the current plan with the addition of Riders 2 3 and 4 In

addition the Association proposes a Vision Plan paid fully by the

Board Mr Teskey for the Association in support of his position

notes that forces in Fort Frances Terrace Bay Atikokan and

Marathon have their Dental Plan paid 100 by their respective

boards Counsel also notes that 80 forces in Ontario have their

Dental Plan paid 100 Counsel for the Board proposes no further

change in this article and points out that the parties have agreed

to replace the 1984 Ontario Dental Association fee guide with the

current schedule Mr Firman also submits that only two of the

six local forces provide a VisionCare Plan

-12shy(-

The arbitrator is sympathetic with respect to the

improvements proposed for the Dental Plan and on the basis of data

submitted there is justification for improvement However the

parties have agreed to the current Ontario Dental Association fee

guide and this agreement is incorporated into and forms part of

this award In view of the fact that this award is for one year

and keeping in mind the total compensation package I am not

prepared to make the changes requested

8 Insurance -- Article 17

At the present time members are covered by life insurance

equal to twice their annual salary The Town pays 70 of the

premium cost of such coverage The Association has requested that

the entire cost of this benefit be borne by the Board In support

of its position the Association argued that 118 forces have Life

Insurance and 97 of those forces have this benefit paid 100 The

Board responded by stating that the current Life Insurance is at

least equal to and probably better than the norm I am impressed

by the evidence presented by the Association Moreover given the

alarming increase in police fatalities in recent times there can

be no doubt that this is an important benefit for pOlicemen and

-13shyr-

their families However we are dealing with a collective

agreement that is of a one year duration to expire at the end of

1986 In the circumstances both parties will have an opportunity

to address this matter in direct bargaining almost immediately

It is my view that improvements in this benefit should be

implemented on an agreed basis in direct bargaining Therefore

decline to make the award as requested

9 Long Term Disability -- Article 19

Currently each member is covered by a Long Term Disability

Plan with a minimum coverage of 60 of monthly earnings to a

maximum of $1500 per month and the Board pays 100 of the cost

The Association requests that the minimum coverage be increased

from 60 to 75 and remove the maximum of $1500 Both parties

submitted data to support their respective positions and on the

evidence there is justification for improvements However the

arbitrator must take into consideration the total compensation

package for a one year agreement Therefore I am not prepared to

make the award as requested However the Town should out of

fairness and consideration for the interests of its policemen

closely examine this benefit in the next round of negotiations

I

-14shy(~

10 Time Off for Association Business -- Article 21

Currently one member of the Association is allowed three

consecutive days leave with pay to attend the annual conference of

the Police Association of Ontario The Association requests that

the allowance be increased to 10 working day leave wfth pay for

its authorized members to attend to Association business In

addition there is a request that officers be paid for time spent

in negotiations or arbitration meetings during their - normal

working hours The Corporation is opposed to any change to this

article on the basis that no demonstrated need has been provided

by the Ass 0c i-at ion An examination of the data submitted by both

parties indicates that on average the present three day provision

is low when compared to local and other forces In my view an

improvement is reasonable in light of the evidence submitted

Therefore I direct that Article 21 be amended to provide for six

( 6 ) days of leave with pay to authorized members to attend to

Association business and the annual conference of the Police

Association of Ontario effective December 31 1986

11 Two-ManPatrol Cars -- NewArticle

The Association has two requests in respect of this new

article The first request is for a two-man patrol car between

-15shyrshy

the hours of 400 pm and 800 am Additionally there is a

request for a minimum of three uniformed officers per shift Mr

Teskey for the Association submits that the officers safety is a

major consideration In further support of his position counsel

points out that Kenora is faced with a serious social problem

namely the excessive use of alcohol He also indicated that

alcohol related arrests accounted for 30 of the occurrences in

1985 Mr Teskey also reminded the arbitrator that both Thunder

Bay and Dryden forces have two-man patrols from 400 pm to 800

am for safety reasons

Counsel for the Board suggests that two-man patrols are

not found in the majority of agreements surveyed He submits

that only one of six forces in Zone 1 provide for two-man

patrols In a survey of 12 other communities Mr Firman

suggests that only four provide for two-man patrols It is his

view that safety efficiency and cost are better served in the

present arrangement It was the Boards position that there are

usually three uniformed officers on duty However it is

conceded that due to manpower shortages there are occasions when

three officers are not on duty

The matter of two-man patrol cars is a very difficult

issue Both sides have expressed a concern for the safety of the

-16shy(-

men and I share that concern There are procedures designed for

the safety of the officers when on patrol and it is important

that they be followed very closely However provisions for

two-man patrol cars do not appear to be included in the majority

of agreements examined In all of the circumstances and on the

evidence before me I make no order in response to the

Associations request for two-man patrol cars or for three

uniformed officers to be on duty at one time

12 Time Owing -- New Article

The Association proposes that any overtime hours worked

be allowed to accumulate with no limit in an overtime bank

The officer would have the option of receiving a cash payout or

banking the time to be taken off at any time throughout the year

subject to operational requirements Mr Teskey note~ that four

forces in Zone 1 have some form of banking time Mr Firman for

the Board points out that during the summer months the police

force is extremely busy and additional manpower is required

because of holidays and the increased workload The evidence

indicates that some forces have no provision for banking overtime

hours Other forces allow the accumulation of overtime hours

with various limits and at the discretion of the chief In all

of the circumstances I decline to award the changes requested by

the Association

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

-12shy(-

The arbitrator is sympathetic with respect to the

improvements proposed for the Dental Plan and on the basis of data

submitted there is justification for improvement However the

parties have agreed to the current Ontario Dental Association fee

guide and this agreement is incorporated into and forms part of

this award In view of the fact that this award is for one year

and keeping in mind the total compensation package I am not

prepared to make the changes requested

8 Insurance -- Article 17

At the present time members are covered by life insurance

equal to twice their annual salary The Town pays 70 of the

premium cost of such coverage The Association has requested that

the entire cost of this benefit be borne by the Board In support

of its position the Association argued that 118 forces have Life

Insurance and 97 of those forces have this benefit paid 100 The

Board responded by stating that the current Life Insurance is at

least equal to and probably better than the norm I am impressed

by the evidence presented by the Association Moreover given the

alarming increase in police fatalities in recent times there can

be no doubt that this is an important benefit for pOlicemen and

-13shyr-

their families However we are dealing with a collective

agreement that is of a one year duration to expire at the end of

1986 In the circumstances both parties will have an opportunity

to address this matter in direct bargaining almost immediately

It is my view that improvements in this benefit should be

implemented on an agreed basis in direct bargaining Therefore

decline to make the award as requested

9 Long Term Disability -- Article 19

Currently each member is covered by a Long Term Disability

Plan with a minimum coverage of 60 of monthly earnings to a

maximum of $1500 per month and the Board pays 100 of the cost

The Association requests that the minimum coverage be increased

from 60 to 75 and remove the maximum of $1500 Both parties

submitted data to support their respective positions and on the

evidence there is justification for improvements However the

arbitrator must take into consideration the total compensation

package for a one year agreement Therefore I am not prepared to

make the award as requested However the Town should out of

fairness and consideration for the interests of its policemen

closely examine this benefit in the next round of negotiations

I

-14shy(~

10 Time Off for Association Business -- Article 21

Currently one member of the Association is allowed three

consecutive days leave with pay to attend the annual conference of

the Police Association of Ontario The Association requests that

the allowance be increased to 10 working day leave wfth pay for

its authorized members to attend to Association business In

addition there is a request that officers be paid for time spent

in negotiations or arbitration meetings during their - normal

working hours The Corporation is opposed to any change to this

article on the basis that no demonstrated need has been provided

by the Ass 0c i-at ion An examination of the data submitted by both

parties indicates that on average the present three day provision

is low when compared to local and other forces In my view an

improvement is reasonable in light of the evidence submitted

Therefore I direct that Article 21 be amended to provide for six

( 6 ) days of leave with pay to authorized members to attend to

Association business and the annual conference of the Police

Association of Ontario effective December 31 1986

11 Two-ManPatrol Cars -- NewArticle

The Association has two requests in respect of this new

article The first request is for a two-man patrol car between

-15shyrshy

the hours of 400 pm and 800 am Additionally there is a

request for a minimum of three uniformed officers per shift Mr

Teskey for the Association submits that the officers safety is a

major consideration In further support of his position counsel

points out that Kenora is faced with a serious social problem

namely the excessive use of alcohol He also indicated that

alcohol related arrests accounted for 30 of the occurrences in

1985 Mr Teskey also reminded the arbitrator that both Thunder

Bay and Dryden forces have two-man patrols from 400 pm to 800

am for safety reasons

Counsel for the Board suggests that two-man patrols are

not found in the majority of agreements surveyed He submits

that only one of six forces in Zone 1 provide for two-man

patrols In a survey of 12 other communities Mr Firman

suggests that only four provide for two-man patrols It is his

view that safety efficiency and cost are better served in the

present arrangement It was the Boards position that there are

usually three uniformed officers on duty However it is

conceded that due to manpower shortages there are occasions when

three officers are not on duty

The matter of two-man patrol cars is a very difficult

issue Both sides have expressed a concern for the safety of the

-16shy(-

men and I share that concern There are procedures designed for

the safety of the officers when on patrol and it is important

that they be followed very closely However provisions for

two-man patrol cars do not appear to be included in the majority

of agreements examined In all of the circumstances and on the

evidence before me I make no order in response to the

Associations request for two-man patrol cars or for three

uniformed officers to be on duty at one time

12 Time Owing -- New Article

The Association proposes that any overtime hours worked

be allowed to accumulate with no limit in an overtime bank

The officer would have the option of receiving a cash payout or

banking the time to be taken off at any time throughout the year

subject to operational requirements Mr Teskey note~ that four

forces in Zone 1 have some form of banking time Mr Firman for

the Board points out that during the summer months the police

force is extremely busy and additional manpower is required

because of holidays and the increased workload The evidence

indicates that some forces have no provision for banking overtime

hours Other forces allow the accumulation of overtime hours

with various limits and at the discretion of the chief In all

of the circumstances I decline to award the changes requested by

the Association

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

-13shyr-

their families However we are dealing with a collective

agreement that is of a one year duration to expire at the end of

1986 In the circumstances both parties will have an opportunity

to address this matter in direct bargaining almost immediately

It is my view that improvements in this benefit should be

implemented on an agreed basis in direct bargaining Therefore

decline to make the award as requested

9 Long Term Disability -- Article 19

Currently each member is covered by a Long Term Disability

Plan with a minimum coverage of 60 of monthly earnings to a

maximum of $1500 per month and the Board pays 100 of the cost

The Association requests that the minimum coverage be increased

from 60 to 75 and remove the maximum of $1500 Both parties

submitted data to support their respective positions and on the

evidence there is justification for improvements However the

arbitrator must take into consideration the total compensation

package for a one year agreement Therefore I am not prepared to

make the award as requested However the Town should out of

fairness and consideration for the interests of its policemen

closely examine this benefit in the next round of negotiations

I

-14shy(~

10 Time Off for Association Business -- Article 21

Currently one member of the Association is allowed three

consecutive days leave with pay to attend the annual conference of

the Police Association of Ontario The Association requests that

the allowance be increased to 10 working day leave wfth pay for

its authorized members to attend to Association business In

addition there is a request that officers be paid for time spent

in negotiations or arbitration meetings during their - normal

working hours The Corporation is opposed to any change to this

article on the basis that no demonstrated need has been provided

by the Ass 0c i-at ion An examination of the data submitted by both

parties indicates that on average the present three day provision

is low when compared to local and other forces In my view an

improvement is reasonable in light of the evidence submitted

Therefore I direct that Article 21 be amended to provide for six

( 6 ) days of leave with pay to authorized members to attend to

Association business and the annual conference of the Police

Association of Ontario effective December 31 1986

11 Two-ManPatrol Cars -- NewArticle

The Association has two requests in respect of this new

article The first request is for a two-man patrol car between

-15shyrshy

the hours of 400 pm and 800 am Additionally there is a

request for a minimum of three uniformed officers per shift Mr

Teskey for the Association submits that the officers safety is a

major consideration In further support of his position counsel

points out that Kenora is faced with a serious social problem

namely the excessive use of alcohol He also indicated that

alcohol related arrests accounted for 30 of the occurrences in

1985 Mr Teskey also reminded the arbitrator that both Thunder

Bay and Dryden forces have two-man patrols from 400 pm to 800

am for safety reasons

Counsel for the Board suggests that two-man patrols are

not found in the majority of agreements surveyed He submits

that only one of six forces in Zone 1 provide for two-man

patrols In a survey of 12 other communities Mr Firman

suggests that only four provide for two-man patrols It is his

view that safety efficiency and cost are better served in the

present arrangement It was the Boards position that there are

usually three uniformed officers on duty However it is

conceded that due to manpower shortages there are occasions when

three officers are not on duty

The matter of two-man patrol cars is a very difficult

issue Both sides have expressed a concern for the safety of the

-16shy(-

men and I share that concern There are procedures designed for

the safety of the officers when on patrol and it is important

that they be followed very closely However provisions for

two-man patrol cars do not appear to be included in the majority

of agreements examined In all of the circumstances and on the

evidence before me I make no order in response to the

Associations request for two-man patrol cars or for three

uniformed officers to be on duty at one time

12 Time Owing -- New Article

The Association proposes that any overtime hours worked

be allowed to accumulate with no limit in an overtime bank

The officer would have the option of receiving a cash payout or

banking the time to be taken off at any time throughout the year

subject to operational requirements Mr Teskey note~ that four

forces in Zone 1 have some form of banking time Mr Firman for

the Board points out that during the summer months the police

force is extremely busy and additional manpower is required

because of holidays and the increased workload The evidence

indicates that some forces have no provision for banking overtime

hours Other forces allow the accumulation of overtime hours

with various limits and at the discretion of the chief In all

of the circumstances I decline to award the changes requested by

the Association

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

-14shy(~

10 Time Off for Association Business -- Article 21

Currently one member of the Association is allowed three

consecutive days leave with pay to attend the annual conference of

the Police Association of Ontario The Association requests that

the allowance be increased to 10 working day leave wfth pay for

its authorized members to attend to Association business In

addition there is a request that officers be paid for time spent

in negotiations or arbitration meetings during their - normal

working hours The Corporation is opposed to any change to this

article on the basis that no demonstrated need has been provided

by the Ass 0c i-at ion An examination of the data submitted by both

parties indicates that on average the present three day provision

is low when compared to local and other forces In my view an

improvement is reasonable in light of the evidence submitted

Therefore I direct that Article 21 be amended to provide for six

( 6 ) days of leave with pay to authorized members to attend to

Association business and the annual conference of the Police

Association of Ontario effective December 31 1986

11 Two-ManPatrol Cars -- NewArticle

The Association has two requests in respect of this new

article The first request is for a two-man patrol car between

-15shyrshy

the hours of 400 pm and 800 am Additionally there is a

request for a minimum of three uniformed officers per shift Mr

Teskey for the Association submits that the officers safety is a

major consideration In further support of his position counsel

points out that Kenora is faced with a serious social problem

namely the excessive use of alcohol He also indicated that

alcohol related arrests accounted for 30 of the occurrences in

1985 Mr Teskey also reminded the arbitrator that both Thunder

Bay and Dryden forces have two-man patrols from 400 pm to 800

am for safety reasons

Counsel for the Board suggests that two-man patrols are

not found in the majority of agreements surveyed He submits

that only one of six forces in Zone 1 provide for two-man

patrols In a survey of 12 other communities Mr Firman

suggests that only four provide for two-man patrols It is his

view that safety efficiency and cost are better served in the

present arrangement It was the Boards position that there are

usually three uniformed officers on duty However it is

conceded that due to manpower shortages there are occasions when

three officers are not on duty

The matter of two-man patrol cars is a very difficult

issue Both sides have expressed a concern for the safety of the

-16shy(-

men and I share that concern There are procedures designed for

the safety of the officers when on patrol and it is important

that they be followed very closely However provisions for

two-man patrol cars do not appear to be included in the majority

of agreements examined In all of the circumstances and on the

evidence before me I make no order in response to the

Associations request for two-man patrol cars or for three

uniformed officers to be on duty at one time

12 Time Owing -- New Article

The Association proposes that any overtime hours worked

be allowed to accumulate with no limit in an overtime bank

The officer would have the option of receiving a cash payout or

banking the time to be taken off at any time throughout the year

subject to operational requirements Mr Teskey note~ that four

forces in Zone 1 have some form of banking time Mr Firman for

the Board points out that during the summer months the police

force is extremely busy and additional manpower is required

because of holidays and the increased workload The evidence

indicates that some forces have no provision for banking overtime

hours Other forces allow the accumulation of overtime hours

with various limits and at the discretion of the chief In all

of the circumstances I decline to award the changes requested by

the Association

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

-15shyrshy

the hours of 400 pm and 800 am Additionally there is a

request for a minimum of three uniformed officers per shift Mr

Teskey for the Association submits that the officers safety is a

major consideration In further support of his position counsel

points out that Kenora is faced with a serious social problem

namely the excessive use of alcohol He also indicated that

alcohol related arrests accounted for 30 of the occurrences in

1985 Mr Teskey also reminded the arbitrator that both Thunder

Bay and Dryden forces have two-man patrols from 400 pm to 800

am for safety reasons

Counsel for the Board suggests that two-man patrols are

not found in the majority of agreements surveyed He submits

that only one of six forces in Zone 1 provide for two-man

patrols In a survey of 12 other communities Mr Firman

suggests that only four provide for two-man patrols It is his

view that safety efficiency and cost are better served in the

present arrangement It was the Boards position that there are

usually three uniformed officers on duty However it is

conceded that due to manpower shortages there are occasions when

three officers are not on duty

The matter of two-man patrol cars is a very difficult

issue Both sides have expressed a concern for the safety of the

-16shy(-

men and I share that concern There are procedures designed for

the safety of the officers when on patrol and it is important

that they be followed very closely However provisions for

two-man patrol cars do not appear to be included in the majority

of agreements examined In all of the circumstances and on the

evidence before me I make no order in response to the

Associations request for two-man patrol cars or for three

uniformed officers to be on duty at one time

12 Time Owing -- New Article

The Association proposes that any overtime hours worked

be allowed to accumulate with no limit in an overtime bank

The officer would have the option of receiving a cash payout or

banking the time to be taken off at any time throughout the year

subject to operational requirements Mr Teskey note~ that four

forces in Zone 1 have some form of banking time Mr Firman for

the Board points out that during the summer months the police

force is extremely busy and additional manpower is required

because of holidays and the increased workload The evidence

indicates that some forces have no provision for banking overtime

hours Other forces allow the accumulation of overtime hours

with various limits and at the discretion of the chief In all

of the circumstances I decline to award the changes requested by

the Association

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

-16shy(-

men and I share that concern There are procedures designed for

the safety of the officers when on patrol and it is important

that they be followed very closely However provisions for

two-man patrol cars do not appear to be included in the majority

of agreements examined In all of the circumstances and on the

evidence before me I make no order in response to the

Associations request for two-man patrol cars or for three

uniformed officers to be on duty at one time

12 Time Owing -- New Article

The Association proposes that any overtime hours worked

be allowed to accumulate with no limit in an overtime bank

The officer would have the option of receiving a cash payout or

banking the time to be taken off at any time throughout the year

subject to operational requirements Mr Teskey note~ that four

forces in Zone 1 have some form of banking time Mr Firman for

the Board points out that during the summer months the police

force is extremely busy and additional manpower is required

because of holidays and the increased workload The evidence

indicates that some forces have no provision for banking overtime

hours Other forces allow the accumulation of overtime hours

with various limits and at the discretion of the chief In all

of the circumstances I decline to award the changes requested by

the Association

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

(- -17shy

OUTSTANDING ISSUES - CIVILIAN AGREEMENT

13 Salaries

The Association has requested the same percentage

increase awarded to the police officers for the Animal Control

Officer and the Clerk II classification Also that the merit

grid be reduced from the present five years to reflect a four

year grid for Clerk Dispatchers and Clerk II classifications

Further that the Parking Meter positions receive parity with the

Dryden rate and the Night Security position receive the

probationary constables rate The Associations argument is

that they are behind their counterparts in other forces

The Board has proposed that all civilian members receive

the same percentage increase ~s that granted to a first class

constable as this has traditionally been the past practice A

title change for the position of Parking Meter Supervisor to

Parking Meter Attendant is requested by the Commission because

this person does not supervise anyone Mr Firman for the Board

argues that there is no need for reclassification or changes in

the current grid system

Many of the considerations advanced in respect of the

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

-18shy(--

uniform agreement are the same for the civilian group it is

noted that some members of this unit work 35 hours while others

work a 40 hour weekly schedule Accordingly after carefully

considering the submissions of both parties it is my award that

all salaries in the civilian agreement be increased by 65

retroactive to January 1 1986

14 Service Pay -- New Article

The Association proposes that all civilian members

receive service pay at the rate of $600 per month for every five

years of continuous service Mr Teskey for the Association

points out that Dryden and Thunder Bay provide for $72 and

Atikokan has a $76 annual allowance for service pay On the

other hand Mr Firman submits that service pay is only applicable

to uniformed officers in police agreements in Ontario and

therefore the proposal should not be granted The matter of

service pay in this instance is reasonable There is a minimal

financial impact with respect to the cost Therefore it is my

award that all civilian members shall receive service pay at the

rate of $600 per month for every five years of continuous

service effective Decesmber 31 1986 Service pay shall be paid

on the first day of December each year

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

-19shyr

15 Shift Bonus -- New Article

The Association proposes a new article be included to

provide for the payment of a shift bonus of 40 cents per hour for

Clerk Dispatchers or Clerk IIs who are required to work the 400

pm 11 00 pm or 1200 pm shifts It was the Boards

position that the Clerk Dispatcher was hired for a permanent 400

to 1200 shift and that fact was known at the time of hiring

Shift premiums are well established in both the public and

private sectors however there was insufficient data submitted

by the Association to support their request Therefore I

decline to make an award as requested by the Association

16 Dry Cleaning -- Article 13

The present agreement provides for a cleaning allowance

of $75 per year It is the Associations proposal that uniformed

civilian members be paid the same $110 allowance as presently

paid to police officers It appears that the cleaning allowance

for the civilian staff has been lower than that paid to the

uniformed ranks however no data has been submitted in this

regard Therefore in view of all of the circumstances it is my

award that the cleaning allowance for the Night Security Person

Two Meter Persons and One Animal Control Officer be increased to

$90 per year effective December 31 1986

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

-20shy

(~)

17 Clothing and Equipment -- Article 13

The present agreement provides for one pair of boots for

the Night Security Person It is the Associations proposal -that

the Board supply three pairs of boots every two years (same as

police officers) and thermal underwear or a type of ski pant

Mr Teskey notes that the Night Security Officer wa1ks the

downtown beat and that one pair of boots does not last a year A

request for three pairs of boots every two years is reasonable

and I so award for the Night Security Person effective December

31 1986 There was no data to support the request for thermal

underwear or a type -of ski pant therefore I make no award in

respect of this matter

18 Pension Plan

The Association requests that the Pension Plan be

included in the collective agreement I would note that the

Pension Plan is included in Article 18 of the uniformed

agreement However there was no information provided to the

arbitrator concerning the plan I am reluctant to incorporate

the pension plan in the agreement without fully understanding its

terms Therefore I decline to award this proposal and suggest

that the parties address this matter in the next round of

negotiations

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987

~

-21shy

I

have been

incorporate

agreem~nt

believe all

addressed

the terms

of the issues submitted for determination

Accordingly the parties are directed

of this award into the 1985 collective

to

At

this matter

interpretation

the request of

in the event

or implementation

both parties I will remain seized

of any dispute in respect of

of this award

of

the

I

submissions

wish to

excellent

thank

briefs

both counsel

and courtesy in

for

this

their

matter

cogent

Dated at Mississauga this 10th day of April 1987