87-0] - Ontario
Transcript of 87-0] - Ontario
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--327) HEARING DATEOF AWARD TILBURY AUGUST25 1987
87-0] )
IN THE MATTER OF THE POLICE ACT
RSO 1980 CHAPTER 381
AND IN THE MATTER OF AN ARBITRATION
Between
THE BOARD OF COMMISSIONERS OF POLICEFOR THE TOWN OF TILBURY
(hereinafter called the Board)
and
THE TILBURY POLICE ASSOCIATION(hereinafter called the Association)
AND IN THE MATTER OF 1987 COLLECTIVE AGREEMENT
ARBITRATOR DR ARJUN P AGGARWAL
APPEARANCES
FOR THE BOARD
Mr WJ Milks ConsultantMr Paul Belanger ChairmanMr Robert Bourassa SecretaryMr Charles F Carrick Mayor
FOR THE ASSOCIATION
Mr John Chambers PresidentMr William Watkins MemberMr Robert Rose Member
The hearing in this matter was held on July 20th 1987 inTilbury Ontario
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AWARD
The undersigned was appointed by the Solicitor-General
Honourable Ken Keyes on April 10 1987 pursuant to Section
32 of the Police Act RSO 1980 Chapter 381 to act as an
arbitrator to hear and determine all matters in dispute
between the parties relating to their 1987 Collective Agreement
negotiations The hearing in this matter was held in
Tilbury Ontario on July 20 1987 At the outset the
representatives of the parties agreed that the arbitrator had
been properly appointed and that the time limits prescribed
by the Act for the commencement of the arbitration hearing
had been complied with It was also agreed that the issues
before this arbitrator are for the Collective Agreement for
the year 1987 ie from 1st of January to 31st of December
1987
INTRODUCTION
Tilbury is a growing town located in Southwestern Ontario
on the Kent-Essex County border It is located approximately
10 kilometers south of Lake St Clair 50 kilometers east of
Windsor and Detroit 25 kilometers north of Lake Erie and 25
kilometers west of Chatham
Highway 2 runs east and west through Tilbury while
highway 401 has exitentrances at both the east and west
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outskirts of Tilbury also two main railroads have lines
running through Tilbury
Tilbury has a population of approximately 4200 people
The major employers in Tilbury include Rockwell International
Duo-Matic Olsen Woodbridge Foam Olsenite Centoco Manufacshy
turing Ltd Fleetwood Metal Industries Feldman Windows
Hunt-Wesson Foods of Canada Ltd Bendix (Fram) Corporation
Allegretti Manufacturing Cyanamid Farm Supply and St Clair
Grain as well Pearson Bus Lines will be moving into their
new building in Tilbury upon completion sometime in early fall
Tilbury is quite fortunate that it enjoys an unemployment
rate in the area of only one percent slightly higher for
students
It is because of the strong industrial base that Tilbury
also has an enviable tax base in net of the total 1987 taxes
receivable $277470600 residential amounts for 48 while
52 is industrial commercial or business
The Town of Tilbury Police Force is comprised of 8 uniform
officers and one civilian personnel as follows
Uniform Officers Civilian Personnel
1 Chief of Police 1 Civilian Secretary
1 Staff Sergeant
1 Sergeant
5 Constables
The last Collective Agreement between the parties was for
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two years and that Agreement expired on December 31 1986
The parties entered into negotiations for the 1987 Collective
Agreement on February 16 1987 but unfortunately broke off
just after two meetings on March 24 1987 The failure of
the parties to negotiate their Collective Agreement this year
is regrettable It is not for this arbitrator to hold either
the Board or the Association responsible for the failure of
the negotiations However it is obvious that earnest collecshy
tive bargaining did not take place in this case The parties
merely gave lip service to the requirements of bargaining In
my opinion both parties perhaps share the responsibility and
they will be well advised to re-examine their entire collective
bargaining process and procedures
At the hearings before the arbitrator each of the parties
submitted extensive written briefs which were supported by
exhibits and charts The parties were then afforded full
opportunity to make presentations in support of their respective
positions
THE ISSUES IN DISPUTE
At the time of the appointment of the arbitrator there
were eleven matters in dispute arising out of the Associations
requests However at the hearing the Association withdrew
five of its requests The parties agreed that the following
matters remained unresolved between the parties and were before
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the arbitrator for his determination
ASSOCIATIONS REQUESTS
1 Salaries Artic le 2
2 Shif t Premium Article 2
3 Call-in Pay Article 3
4 Court Time Article 4
5 Vacations Article 5
6 Medical Services Article 8
Hospital Care amp Prepaid Prescriptions
BOARDS REQUEST
7 Legal Expenses Article 10
ISSUE NUMBER ONE
Salaries - Article 2
The salaries for the members of the Tilbury Police Force
for the year 1986 were as follows
Staff Sergeant $3768070
Sergeant 3573589
Firpt Class Constable 3403418
Second Class Constable 3257557
Third Class Constable 3111696
Fourth Class Constable 2868595
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Clerk Supervisor $1944810I
Clerk Stenographer Class 1 1701709I
Clerk Stenographer Class 2 1458608I
The Association has requested an across the board salaryI
increase which would bring the First Class Constable salaryI
in line with that of other area Forces The First ClassI
Constable salary in the similar size police forces in Tri-I
County Area were as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
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1st Class ConstableFORCE STRENGTH 1986 1987
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AMHERSTBURG 12 $3673400 $3858600
I ANDERDON TWP 4 3660400 3884000
I DRESDEN 3 3059900 3197600
ESSEX 9 3588900 3800000
KINGSVILLE 7 3510500 3760000
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MERSEA TWP 5 3481800I
PETROLIA 7 3390000I
POINT EDWARD 5 3407900I
ST CLAIR BCH 3 3574356 3800000
I COLCHESTER S 11 3673500 3877600
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I The 1986 average salary of the First Class Constable in
the above forces was $3504476 whereas the salary of theI
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First Class Constable in Tilbury Police Force was $3403418
It means that the salary of the First Class Constable in
Tilbury was 3 less than the salary for similar size forces
in the Tri-County Area
The Association has argued that the Tilbury police
officers require a catch up salary increase of from 30 to
39 to bring them to a 1986 level relative to comparative
forces Thus the Tilbury police officers will require in
1987 a salary increase from 70 to 100 to reach a salary
level relative to comparative police forces
The Association has contended that the matter of salaries
was of grave concern to its members and they strongly felt
that the salaries of Tilbury police officers must be brought
into line with the area police forces The Association
points out that with this in mind it has withdrawn a number
of monetary requests which were of considerable concern to
its members
Further the Association has proposed the following
I salary increase alternativesI
I SALARY INCREASE ALTERNATIVESI
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I ALTERNATIVE 1I
I 5 increase effective January 1st 1987 $3573570I A further 5 increase effective July 1st 1987 3752248I
Actual dollar increase for year 259490I
1987 annualized salary 3662909I
Annualized percentage increase for 1987 76I
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ALTERNATIVE 2
5 increase effective January 1st 1987 $3573570A further 4 increase effectiveJuly 1st 1987 3716519Actual dollar increase for year 2416231987 annualized salary 3645041Annualized percentage increase for 1987 7
ALTERNATIVE 3
5 increase effective January 1st 1987 $3573570A further 35 increase effective July 1st 1987 3698645Actual dollar increase for the year 2327181987 annualized salary 3636118Annualized percentage increase for 1987 68
ALTERNATIVE 4
4 increase effective January 1st 1987 $3539555A further 4 increase effective July 1st 1987 3681137Actual dollar increase for the year 2069291987 annuali z ed sa lary 3610347
Annualized percentage increase for 1987 608
The Board on the other hand has offered a 4 salary
increase across the board The Board has argued that a 4
increase to the 1986 salary for the First Class Constable
$3403418 produces a salary of $3539554 The Board has
justified its offer of 4 salary increase on the ground of
rate of inflation and price index for 1986-87 as well as
public and private wage settlements in Southwestern Ontario
In Belleville Award 1986 dealing with the issue of wage
parity I had stated
It should be recognized that an absolutewage parity even among comparable policeforces is difficult if not impossible
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to achieve However if the wage gap between comparable forces is not gradually narrowed it may grow to a disproportionate limit Moreover an abnormal wage disparity among comparable forces in the long run may affect the forces morale and productivity aswell as employer-employee relations
The Association has suggested that I should use police to
police salary comparison whereas the Board has emphasized
that I should follow the Community Standard in which the
members of the force live and work
In my opinion an arbitrator while awarding wage increases
along with the other factors should give serious consideration
to the wages paid by comparable police forces in other similar
size communities in the region However it may not be
possible or desirable for an arbitrator to make a strict
application of the criteria Rather they must be applied
with the end in view of providing a solution that will be
satisfactory enough to both sides to be workable No single
criteria is suitable for universal application in all
industries and under all circumstances Arbitrators generally
apply a combination of criteria the combination varying from
case to case It requires the balancing of a number of criteria
in an effort to achieve a result which falls somewhere within
an equitable range equitable in terms of those who must live
under the result and those who pay it
Thus having regard to the presentations of the parties
taking into account the relevant factors some of which I have
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mentioned above and for the foregoing reasons I award a
52 per cent across-the-board increase over the 1986 salaries
ISSUE NUMBER TWO
Shift Premium - Article 2
Article 2 in the existing Collective Agreement provides
the following shift premiums
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight fifteencents ($015) per hour premium for eachshift hour worked but not to include anyovertime work
23 Night Shift Shift hours between the hoursof Midnight and 800 am twenty-five cents($025) per hour premium for each shift hourworked but not to include any overtime work
The Association has requested that shift premiums be
increased by 15 cents per hour and to reflect this change
Article 2 be amended as follows
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight thirty cents
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($030) per hour premium for each shift hourI worked but not to include any overtime workI
23 Night Shift Shift hours between the hours ofI Midnight and 800 am forty cents ($040)
per hour premium for each shift hour workedI
but not to include any overtime workI
I The Board on the other hand has offered an increase ofI
5 cents per hour in the shift premiums The Board has arguedI
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that its offer is reasonable It has pointed out that out of
18 comparable forces
6 make no provision
3 make flat sum payments
1 pays less
8 pay greater amounts
none pays 40~ per hour for Midnight to 800 am
The prevailing trend for Midnight to 800 am is
30~ per hour
The Association has argued that an increase in Shift
Premiums is required to help compensate for the lower salary
paid to the Tilbury officers in comparison to surrounding forces
Further shift premium has been used for years as a bonus
to persons working shifts over those working straight hours
as a means of compensation to the shift worker It is a well
established fact that diurnal creatures (shift workers) are
affected negatively by their working hours Shift workers
authentically suffer more illnesses due to lower resistanceI
I ulcers and are easily fatigued due to erratic hours
The Association has further contended that though theI
Tilbury officers have enjoyed a shift premium payment in their
contract for many years there has not been an increase in theI
rate paid since 1981 at which time the rate was raised to its I
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present level However the power of the dollar has decreased
considerably since the 1981 change
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH SHIFT PREMIUM 1986
Afternoons Nights
AMHERSTBURG
ANDERDON TWP
DRESDEN
ESSEX
KINGSVILLE
MERSEA TWP
PETROLIA
POINT EDWARD
ST CLAIR BEACH
COLCHESTER SOUTH
12
4
3
9
7
5
7
5
3
11
159
30
No provision
$36500jyear30
30
25
25
25
35
209
30
30
30
35
30
25
40
However the Board has finally indicated its willingness
to increase the afternoon shift premium by 10 cents ie from
15 cents to 25 cents
Having regard to the presentations of the parties I find
that the Boards offer to raise the premium for Afternoon
Shift to 25 cents and that of Night Shift to 30 cents is fair
and reasonable I therefore award that shift premium clauses
in Article 2 be amended accordingly
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
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rate of payReimbursement for court attendance on a
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members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
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The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
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differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
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The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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1004
1005
1006
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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on any of the requests presented to me or should any
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
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AWARD
The undersigned was appointed by the Solicitor-General
Honourable Ken Keyes on April 10 1987 pursuant to Section
32 of the Police Act RSO 1980 Chapter 381 to act as an
arbitrator to hear and determine all matters in dispute
between the parties relating to their 1987 Collective Agreement
negotiations The hearing in this matter was held in
Tilbury Ontario on July 20 1987 At the outset the
representatives of the parties agreed that the arbitrator had
been properly appointed and that the time limits prescribed
by the Act for the commencement of the arbitration hearing
had been complied with It was also agreed that the issues
before this arbitrator are for the Collective Agreement for
the year 1987 ie from 1st of January to 31st of December
1987
INTRODUCTION
Tilbury is a growing town located in Southwestern Ontario
on the Kent-Essex County border It is located approximately
10 kilometers south of Lake St Clair 50 kilometers east of
Windsor and Detroit 25 kilometers north of Lake Erie and 25
kilometers west of Chatham
Highway 2 runs east and west through Tilbury while
highway 401 has exitentrances at both the east and west
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outskirts of Tilbury also two main railroads have lines
running through Tilbury
Tilbury has a population of approximately 4200 people
The major employers in Tilbury include Rockwell International
Duo-Matic Olsen Woodbridge Foam Olsenite Centoco Manufacshy
turing Ltd Fleetwood Metal Industries Feldman Windows
Hunt-Wesson Foods of Canada Ltd Bendix (Fram) Corporation
Allegretti Manufacturing Cyanamid Farm Supply and St Clair
Grain as well Pearson Bus Lines will be moving into their
new building in Tilbury upon completion sometime in early fall
Tilbury is quite fortunate that it enjoys an unemployment
rate in the area of only one percent slightly higher for
students
It is because of the strong industrial base that Tilbury
also has an enviable tax base in net of the total 1987 taxes
receivable $277470600 residential amounts for 48 while
52 is industrial commercial or business
The Town of Tilbury Police Force is comprised of 8 uniform
officers and one civilian personnel as follows
Uniform Officers Civilian Personnel
1 Chief of Police 1 Civilian Secretary
1 Staff Sergeant
1 Sergeant
5 Constables
The last Collective Agreement between the parties was for
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two years and that Agreement expired on December 31 1986
The parties entered into negotiations for the 1987 Collective
Agreement on February 16 1987 but unfortunately broke off
just after two meetings on March 24 1987 The failure of
the parties to negotiate their Collective Agreement this year
is regrettable It is not for this arbitrator to hold either
the Board or the Association responsible for the failure of
the negotiations However it is obvious that earnest collecshy
tive bargaining did not take place in this case The parties
merely gave lip service to the requirements of bargaining In
my opinion both parties perhaps share the responsibility and
they will be well advised to re-examine their entire collective
bargaining process and procedures
At the hearings before the arbitrator each of the parties
submitted extensive written briefs which were supported by
exhibits and charts The parties were then afforded full
opportunity to make presentations in support of their respective
positions
THE ISSUES IN DISPUTE
At the time of the appointment of the arbitrator there
were eleven matters in dispute arising out of the Associations
requests However at the hearing the Association withdrew
five of its requests The parties agreed that the following
matters remained unresolved between the parties and were before
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the arbitrator for his determination
ASSOCIATIONS REQUESTS
1 Salaries Artic le 2
2 Shif t Premium Article 2
3 Call-in Pay Article 3
4 Court Time Article 4
5 Vacations Article 5
6 Medical Services Article 8
Hospital Care amp Prepaid Prescriptions
BOARDS REQUEST
7 Legal Expenses Article 10
ISSUE NUMBER ONE
Salaries - Article 2
The salaries for the members of the Tilbury Police Force
for the year 1986 were as follows
Staff Sergeant $3768070
Sergeant 3573589
Firpt Class Constable 3403418
Second Class Constable 3257557
Third Class Constable 3111696
Fourth Class Constable 2868595
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Clerk Supervisor $1944810I
Clerk Stenographer Class 1 1701709I
Clerk Stenographer Class 2 1458608I
The Association has requested an across the board salaryI
increase which would bring the First Class Constable salaryI
in line with that of other area Forces The First ClassI
Constable salary in the similar size police forces in Tri-I
County Area were as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
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1st Class ConstableFORCE STRENGTH 1986 1987
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AMHERSTBURG 12 $3673400 $3858600
I ANDERDON TWP 4 3660400 3884000
I DRESDEN 3 3059900 3197600
ESSEX 9 3588900 3800000
KINGSVILLE 7 3510500 3760000
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PETROLIA 7 3390000I
POINT EDWARD 5 3407900I
ST CLAIR BCH 3 3574356 3800000
I COLCHESTER S 11 3673500 3877600
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the above forces was $3504476 whereas the salary of theI
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First Class Constable in Tilbury Police Force was $3403418
It means that the salary of the First Class Constable in
Tilbury was 3 less than the salary for similar size forces
in the Tri-County Area
The Association has argued that the Tilbury police
officers require a catch up salary increase of from 30 to
39 to bring them to a 1986 level relative to comparative
forces Thus the Tilbury police officers will require in
1987 a salary increase from 70 to 100 to reach a salary
level relative to comparative police forces
The Association has contended that the matter of salaries
was of grave concern to its members and they strongly felt
that the salaries of Tilbury police officers must be brought
into line with the area police forces The Association
points out that with this in mind it has withdrawn a number
of monetary requests which were of considerable concern to
its members
Further the Association has proposed the following
I salary increase alternativesI
I SALARY INCREASE ALTERNATIVESI
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I ALTERNATIVE 1I
I 5 increase effective January 1st 1987 $3573570I A further 5 increase effective July 1st 1987 3752248I
Actual dollar increase for year 259490I
1987 annualized salary 3662909I
Annualized percentage increase for 1987 76I
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ALTERNATIVE 2
5 increase effective January 1st 1987 $3573570A further 4 increase effectiveJuly 1st 1987 3716519Actual dollar increase for year 2416231987 annualized salary 3645041Annualized percentage increase for 1987 7
ALTERNATIVE 3
5 increase effective January 1st 1987 $3573570A further 35 increase effective July 1st 1987 3698645Actual dollar increase for the year 2327181987 annualized salary 3636118Annualized percentage increase for 1987 68
ALTERNATIVE 4
4 increase effective January 1st 1987 $3539555A further 4 increase effective July 1st 1987 3681137Actual dollar increase for the year 2069291987 annuali z ed sa lary 3610347
Annualized percentage increase for 1987 608
The Board on the other hand has offered a 4 salary
increase across the board The Board has argued that a 4
increase to the 1986 salary for the First Class Constable
$3403418 produces a salary of $3539554 The Board has
justified its offer of 4 salary increase on the ground of
rate of inflation and price index for 1986-87 as well as
public and private wage settlements in Southwestern Ontario
In Belleville Award 1986 dealing with the issue of wage
parity I had stated
It should be recognized that an absolutewage parity even among comparable policeforces is difficult if not impossible
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to achieve However if the wage gap between comparable forces is not gradually narrowed it may grow to a disproportionate limit Moreover an abnormal wage disparity among comparable forces in the long run may affect the forces morale and productivity aswell as employer-employee relations
The Association has suggested that I should use police to
police salary comparison whereas the Board has emphasized
that I should follow the Community Standard in which the
members of the force live and work
In my opinion an arbitrator while awarding wage increases
along with the other factors should give serious consideration
to the wages paid by comparable police forces in other similar
size communities in the region However it may not be
possible or desirable for an arbitrator to make a strict
application of the criteria Rather they must be applied
with the end in view of providing a solution that will be
satisfactory enough to both sides to be workable No single
criteria is suitable for universal application in all
industries and under all circumstances Arbitrators generally
apply a combination of criteria the combination varying from
case to case It requires the balancing of a number of criteria
in an effort to achieve a result which falls somewhere within
an equitable range equitable in terms of those who must live
under the result and those who pay it
Thus having regard to the presentations of the parties
taking into account the relevant factors some of which I have
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mentioned above and for the foregoing reasons I award a
52 per cent across-the-board increase over the 1986 salaries
ISSUE NUMBER TWO
Shift Premium - Article 2
Article 2 in the existing Collective Agreement provides
the following shift premiums
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight fifteencents ($015) per hour premium for eachshift hour worked but not to include anyovertime work
23 Night Shift Shift hours between the hoursof Midnight and 800 am twenty-five cents($025) per hour premium for each shift hourworked but not to include any overtime work
The Association has requested that shift premiums be
increased by 15 cents per hour and to reflect this change
Article 2 be amended as follows
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight thirty cents
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($030) per hour premium for each shift hourI worked but not to include any overtime workI
23 Night Shift Shift hours between the hours ofI Midnight and 800 am forty cents ($040)
per hour premium for each shift hour workedI
but not to include any overtime workI
I The Board on the other hand has offered an increase ofI
5 cents per hour in the shift premiums The Board has arguedI
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that its offer is reasonable It has pointed out that out of
18 comparable forces
6 make no provision
3 make flat sum payments
1 pays less
8 pay greater amounts
none pays 40~ per hour for Midnight to 800 am
The prevailing trend for Midnight to 800 am is
30~ per hour
The Association has argued that an increase in Shift
Premiums is required to help compensate for the lower salary
paid to the Tilbury officers in comparison to surrounding forces
Further shift premium has been used for years as a bonus
to persons working shifts over those working straight hours
as a means of compensation to the shift worker It is a well
established fact that diurnal creatures (shift workers) are
affected negatively by their working hours Shift workers
authentically suffer more illnesses due to lower resistanceI
I ulcers and are easily fatigued due to erratic hours
The Association has further contended that though theI
Tilbury officers have enjoyed a shift premium payment in their
contract for many years there has not been an increase in theI
rate paid since 1981 at which time the rate was raised to its I
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present level However the power of the dollar has decreased
considerably since the 1981 change
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH SHIFT PREMIUM 1986
Afternoons Nights
AMHERSTBURG
ANDERDON TWP
DRESDEN
ESSEX
KINGSVILLE
MERSEA TWP
PETROLIA
POINT EDWARD
ST CLAIR BEACH
COLCHESTER SOUTH
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9
7
5
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3
11
159
30
No provision
$36500jyear30
30
25
25
25
35
209
30
30
30
35
30
25
40
However the Board has finally indicated its willingness
to increase the afternoon shift premium by 10 cents ie from
15 cents to 25 cents
Having regard to the presentations of the parties I find
that the Boards offer to raise the premium for Afternoon
Shift to 25 cents and that of Night Shift to 30 cents is fair
and reasonable I therefore award that shift premium clauses
in Article 2 be amended accordingly
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
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members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
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The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
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differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
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The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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1006
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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on any of the requests presented to me or should any
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
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outskirts of Tilbury also two main railroads have lines
running through Tilbury
Tilbury has a population of approximately 4200 people
The major employers in Tilbury include Rockwell International
Duo-Matic Olsen Woodbridge Foam Olsenite Centoco Manufacshy
turing Ltd Fleetwood Metal Industries Feldman Windows
Hunt-Wesson Foods of Canada Ltd Bendix (Fram) Corporation
Allegretti Manufacturing Cyanamid Farm Supply and St Clair
Grain as well Pearson Bus Lines will be moving into their
new building in Tilbury upon completion sometime in early fall
Tilbury is quite fortunate that it enjoys an unemployment
rate in the area of only one percent slightly higher for
students
It is because of the strong industrial base that Tilbury
also has an enviable tax base in net of the total 1987 taxes
receivable $277470600 residential amounts for 48 while
52 is industrial commercial or business
The Town of Tilbury Police Force is comprised of 8 uniform
officers and one civilian personnel as follows
Uniform Officers Civilian Personnel
1 Chief of Police 1 Civilian Secretary
1 Staff Sergeant
1 Sergeant
5 Constables
The last Collective Agreement between the parties was for
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two years and that Agreement expired on December 31 1986
The parties entered into negotiations for the 1987 Collective
Agreement on February 16 1987 but unfortunately broke off
just after two meetings on March 24 1987 The failure of
the parties to negotiate their Collective Agreement this year
is regrettable It is not for this arbitrator to hold either
the Board or the Association responsible for the failure of
the negotiations However it is obvious that earnest collecshy
tive bargaining did not take place in this case The parties
merely gave lip service to the requirements of bargaining In
my opinion both parties perhaps share the responsibility and
they will be well advised to re-examine their entire collective
bargaining process and procedures
At the hearings before the arbitrator each of the parties
submitted extensive written briefs which were supported by
exhibits and charts The parties were then afforded full
opportunity to make presentations in support of their respective
positions
THE ISSUES IN DISPUTE
At the time of the appointment of the arbitrator there
were eleven matters in dispute arising out of the Associations
requests However at the hearing the Association withdrew
five of its requests The parties agreed that the following
matters remained unresolved between the parties and were before
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the arbitrator for his determination
ASSOCIATIONS REQUESTS
1 Salaries Artic le 2
2 Shif t Premium Article 2
3 Call-in Pay Article 3
4 Court Time Article 4
5 Vacations Article 5
6 Medical Services Article 8
Hospital Care amp Prepaid Prescriptions
BOARDS REQUEST
7 Legal Expenses Article 10
ISSUE NUMBER ONE
Salaries - Article 2
The salaries for the members of the Tilbury Police Force
for the year 1986 were as follows
Staff Sergeant $3768070
Sergeant 3573589
Firpt Class Constable 3403418
Second Class Constable 3257557
Third Class Constable 3111696
Fourth Class Constable 2868595
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Clerk Supervisor $1944810I
Clerk Stenographer Class 1 1701709I
Clerk Stenographer Class 2 1458608I
The Association has requested an across the board salaryI
increase which would bring the First Class Constable salaryI
in line with that of other area Forces The First ClassI
Constable salary in the similar size police forces in Tri-I
County Area were as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
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1st Class ConstableFORCE STRENGTH 1986 1987
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AMHERSTBURG 12 $3673400 $3858600
I ANDERDON TWP 4 3660400 3884000
I DRESDEN 3 3059900 3197600
ESSEX 9 3588900 3800000
KINGSVILLE 7 3510500 3760000
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PETROLIA 7 3390000I
POINT EDWARD 5 3407900I
ST CLAIR BCH 3 3574356 3800000
I COLCHESTER S 11 3673500 3877600
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the above forces was $3504476 whereas the salary of theI
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First Class Constable in Tilbury Police Force was $3403418
It means that the salary of the First Class Constable in
Tilbury was 3 less than the salary for similar size forces
in the Tri-County Area
The Association has argued that the Tilbury police
officers require a catch up salary increase of from 30 to
39 to bring them to a 1986 level relative to comparative
forces Thus the Tilbury police officers will require in
1987 a salary increase from 70 to 100 to reach a salary
level relative to comparative police forces
The Association has contended that the matter of salaries
was of grave concern to its members and they strongly felt
that the salaries of Tilbury police officers must be brought
into line with the area police forces The Association
points out that with this in mind it has withdrawn a number
of monetary requests which were of considerable concern to
its members
Further the Association has proposed the following
I salary increase alternativesI
I SALARY INCREASE ALTERNATIVESI
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I ALTERNATIVE 1I
I 5 increase effective January 1st 1987 $3573570I A further 5 increase effective July 1st 1987 3752248I
Actual dollar increase for year 259490I
1987 annualized salary 3662909I
Annualized percentage increase for 1987 76I
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ALTERNATIVE 2
5 increase effective January 1st 1987 $3573570A further 4 increase effectiveJuly 1st 1987 3716519Actual dollar increase for year 2416231987 annualized salary 3645041Annualized percentage increase for 1987 7
ALTERNATIVE 3
5 increase effective January 1st 1987 $3573570A further 35 increase effective July 1st 1987 3698645Actual dollar increase for the year 2327181987 annualized salary 3636118Annualized percentage increase for 1987 68
ALTERNATIVE 4
4 increase effective January 1st 1987 $3539555A further 4 increase effective July 1st 1987 3681137Actual dollar increase for the year 2069291987 annuali z ed sa lary 3610347
Annualized percentage increase for 1987 608
The Board on the other hand has offered a 4 salary
increase across the board The Board has argued that a 4
increase to the 1986 salary for the First Class Constable
$3403418 produces a salary of $3539554 The Board has
justified its offer of 4 salary increase on the ground of
rate of inflation and price index for 1986-87 as well as
public and private wage settlements in Southwestern Ontario
In Belleville Award 1986 dealing with the issue of wage
parity I had stated
It should be recognized that an absolutewage parity even among comparable policeforces is difficult if not impossible
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to achieve However if the wage gap between comparable forces is not gradually narrowed it may grow to a disproportionate limit Moreover an abnormal wage disparity among comparable forces in the long run may affect the forces morale and productivity aswell as employer-employee relations
The Association has suggested that I should use police to
police salary comparison whereas the Board has emphasized
that I should follow the Community Standard in which the
members of the force live and work
In my opinion an arbitrator while awarding wage increases
along with the other factors should give serious consideration
to the wages paid by comparable police forces in other similar
size communities in the region However it may not be
possible or desirable for an arbitrator to make a strict
application of the criteria Rather they must be applied
with the end in view of providing a solution that will be
satisfactory enough to both sides to be workable No single
criteria is suitable for universal application in all
industries and under all circumstances Arbitrators generally
apply a combination of criteria the combination varying from
case to case It requires the balancing of a number of criteria
in an effort to achieve a result which falls somewhere within
an equitable range equitable in terms of those who must live
under the result and those who pay it
Thus having regard to the presentations of the parties
taking into account the relevant factors some of which I have
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mentioned above and for the foregoing reasons I award a
52 per cent across-the-board increase over the 1986 salaries
ISSUE NUMBER TWO
Shift Premium - Article 2
Article 2 in the existing Collective Agreement provides
the following shift premiums
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight fifteencents ($015) per hour premium for eachshift hour worked but not to include anyovertime work
23 Night Shift Shift hours between the hoursof Midnight and 800 am twenty-five cents($025) per hour premium for each shift hourworked but not to include any overtime work
The Association has requested that shift premiums be
increased by 15 cents per hour and to reflect this change
Article 2 be amended as follows
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight thirty cents
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($030) per hour premium for each shift hourI worked but not to include any overtime workI
23 Night Shift Shift hours between the hours ofI Midnight and 800 am forty cents ($040)
per hour premium for each shift hour workedI
but not to include any overtime workI
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5 cents per hour in the shift premiums The Board has arguedI
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that its offer is reasonable It has pointed out that out of
18 comparable forces
6 make no provision
3 make flat sum payments
1 pays less
8 pay greater amounts
none pays 40~ per hour for Midnight to 800 am
The prevailing trend for Midnight to 800 am is
30~ per hour
The Association has argued that an increase in Shift
Premiums is required to help compensate for the lower salary
paid to the Tilbury officers in comparison to surrounding forces
Further shift premium has been used for years as a bonus
to persons working shifts over those working straight hours
as a means of compensation to the shift worker It is a well
established fact that diurnal creatures (shift workers) are
affected negatively by their working hours Shift workers
authentically suffer more illnesses due to lower resistanceI
I ulcers and are easily fatigued due to erratic hours
The Association has further contended that though theI
Tilbury officers have enjoyed a shift premium payment in their
contract for many years there has not been an increase in theI
rate paid since 1981 at which time the rate was raised to its I
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present level However the power of the dollar has decreased
considerably since the 1981 change
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH SHIFT PREMIUM 1986
Afternoons Nights
AMHERSTBURG
ANDERDON TWP
DRESDEN
ESSEX
KINGSVILLE
MERSEA TWP
PETROLIA
POINT EDWARD
ST CLAIR BEACH
COLCHESTER SOUTH
12
4
3
9
7
5
7
5
3
11
159
30
No provision
$36500jyear30
30
25
25
25
35
209
30
30
30
35
30
25
40
However the Board has finally indicated its willingness
to increase the afternoon shift premium by 10 cents ie from
15 cents to 25 cents
Having regard to the presentations of the parties I find
that the Boards offer to raise the premium for Afternoon
Shift to 25 cents and that of Night Shift to 30 cents is fair
and reasonable I therefore award that shift premium clauses
in Article 2 be amended accordingly
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
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rate of payReimbursement for court attendance on a
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members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
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The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
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differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
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The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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1005
1006
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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on any of the requests presented to me or should any
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
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two years and that Agreement expired on December 31 1986
The parties entered into negotiations for the 1987 Collective
Agreement on February 16 1987 but unfortunately broke off
just after two meetings on March 24 1987 The failure of
the parties to negotiate their Collective Agreement this year
is regrettable It is not for this arbitrator to hold either
the Board or the Association responsible for the failure of
the negotiations However it is obvious that earnest collecshy
tive bargaining did not take place in this case The parties
merely gave lip service to the requirements of bargaining In
my opinion both parties perhaps share the responsibility and
they will be well advised to re-examine their entire collective
bargaining process and procedures
At the hearings before the arbitrator each of the parties
submitted extensive written briefs which were supported by
exhibits and charts The parties were then afforded full
opportunity to make presentations in support of their respective
positions
THE ISSUES IN DISPUTE
At the time of the appointment of the arbitrator there
were eleven matters in dispute arising out of the Associations
requests However at the hearing the Association withdrew
five of its requests The parties agreed that the following
matters remained unresolved between the parties and were before
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the arbitrator for his determination
ASSOCIATIONS REQUESTS
1 Salaries Artic le 2
2 Shif t Premium Article 2
3 Call-in Pay Article 3
4 Court Time Article 4
5 Vacations Article 5
6 Medical Services Article 8
Hospital Care amp Prepaid Prescriptions
BOARDS REQUEST
7 Legal Expenses Article 10
ISSUE NUMBER ONE
Salaries - Article 2
The salaries for the members of the Tilbury Police Force
for the year 1986 were as follows
Staff Sergeant $3768070
Sergeant 3573589
Firpt Class Constable 3403418
Second Class Constable 3257557
Third Class Constable 3111696
Fourth Class Constable 2868595
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Clerk Supervisor $1944810I
Clerk Stenographer Class 1 1701709I
Clerk Stenographer Class 2 1458608I
The Association has requested an across the board salaryI
increase which would bring the First Class Constable salaryI
in line with that of other area Forces The First ClassI
Constable salary in the similar size police forces in Tri-I
County Area were as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
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1st Class ConstableFORCE STRENGTH 1986 1987
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AMHERSTBURG 12 $3673400 $3858600
I ANDERDON TWP 4 3660400 3884000
I DRESDEN 3 3059900 3197600
ESSEX 9 3588900 3800000
KINGSVILLE 7 3510500 3760000
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PETROLIA 7 3390000I
POINT EDWARD 5 3407900I
ST CLAIR BCH 3 3574356 3800000
I COLCHESTER S 11 3673500 3877600
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the above forces was $3504476 whereas the salary of theI
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First Class Constable in Tilbury Police Force was $3403418
It means that the salary of the First Class Constable in
Tilbury was 3 less than the salary for similar size forces
in the Tri-County Area
The Association has argued that the Tilbury police
officers require a catch up salary increase of from 30 to
39 to bring them to a 1986 level relative to comparative
forces Thus the Tilbury police officers will require in
1987 a salary increase from 70 to 100 to reach a salary
level relative to comparative police forces
The Association has contended that the matter of salaries
was of grave concern to its members and they strongly felt
that the salaries of Tilbury police officers must be brought
into line with the area police forces The Association
points out that with this in mind it has withdrawn a number
of monetary requests which were of considerable concern to
its members
Further the Association has proposed the following
I salary increase alternativesI
I SALARY INCREASE ALTERNATIVESI
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I ALTERNATIVE 1I
I 5 increase effective January 1st 1987 $3573570I A further 5 increase effective July 1st 1987 3752248I
Actual dollar increase for year 259490I
1987 annualized salary 3662909I
Annualized percentage increase for 1987 76I
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ALTERNATIVE 2
5 increase effective January 1st 1987 $3573570A further 4 increase effectiveJuly 1st 1987 3716519Actual dollar increase for year 2416231987 annualized salary 3645041Annualized percentage increase for 1987 7
ALTERNATIVE 3
5 increase effective January 1st 1987 $3573570A further 35 increase effective July 1st 1987 3698645Actual dollar increase for the year 2327181987 annualized salary 3636118Annualized percentage increase for 1987 68
ALTERNATIVE 4
4 increase effective January 1st 1987 $3539555A further 4 increase effective July 1st 1987 3681137Actual dollar increase for the year 2069291987 annuali z ed sa lary 3610347
Annualized percentage increase for 1987 608
The Board on the other hand has offered a 4 salary
increase across the board The Board has argued that a 4
increase to the 1986 salary for the First Class Constable
$3403418 produces a salary of $3539554 The Board has
justified its offer of 4 salary increase on the ground of
rate of inflation and price index for 1986-87 as well as
public and private wage settlements in Southwestern Ontario
In Belleville Award 1986 dealing with the issue of wage
parity I had stated
It should be recognized that an absolutewage parity even among comparable policeforces is difficult if not impossible
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to achieve However if the wage gap between comparable forces is not gradually narrowed it may grow to a disproportionate limit Moreover an abnormal wage disparity among comparable forces in the long run may affect the forces morale and productivity aswell as employer-employee relations
The Association has suggested that I should use police to
police salary comparison whereas the Board has emphasized
that I should follow the Community Standard in which the
members of the force live and work
In my opinion an arbitrator while awarding wage increases
along with the other factors should give serious consideration
to the wages paid by comparable police forces in other similar
size communities in the region However it may not be
possible or desirable for an arbitrator to make a strict
application of the criteria Rather they must be applied
with the end in view of providing a solution that will be
satisfactory enough to both sides to be workable No single
criteria is suitable for universal application in all
industries and under all circumstances Arbitrators generally
apply a combination of criteria the combination varying from
case to case It requires the balancing of a number of criteria
in an effort to achieve a result which falls somewhere within
an equitable range equitable in terms of those who must live
under the result and those who pay it
Thus having regard to the presentations of the parties
taking into account the relevant factors some of which I have
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mentioned above and for the foregoing reasons I award a
52 per cent across-the-board increase over the 1986 salaries
ISSUE NUMBER TWO
Shift Premium - Article 2
Article 2 in the existing Collective Agreement provides
the following shift premiums
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight fifteencents ($015) per hour premium for eachshift hour worked but not to include anyovertime work
23 Night Shift Shift hours between the hoursof Midnight and 800 am twenty-five cents($025) per hour premium for each shift hourworked but not to include any overtime work
The Association has requested that shift premiums be
increased by 15 cents per hour and to reflect this change
Article 2 be amended as follows
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight thirty cents
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($030) per hour premium for each shift hourI worked but not to include any overtime workI
23 Night Shift Shift hours between the hours ofI Midnight and 800 am forty cents ($040)
per hour premium for each shift hour workedI
but not to include any overtime workI
I The Board on the other hand has offered an increase ofI
5 cents per hour in the shift premiums The Board has arguedI
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that its offer is reasonable It has pointed out that out of
18 comparable forces
6 make no provision
3 make flat sum payments
1 pays less
8 pay greater amounts
none pays 40~ per hour for Midnight to 800 am
The prevailing trend for Midnight to 800 am is
30~ per hour
The Association has argued that an increase in Shift
Premiums is required to help compensate for the lower salary
paid to the Tilbury officers in comparison to surrounding forces
Further shift premium has been used for years as a bonus
to persons working shifts over those working straight hours
as a means of compensation to the shift worker It is a well
established fact that diurnal creatures (shift workers) are
affected negatively by their working hours Shift workers
authentically suffer more illnesses due to lower resistanceI
I ulcers and are easily fatigued due to erratic hours
The Association has further contended that though theI
Tilbury officers have enjoyed a shift premium payment in their
contract for many years there has not been an increase in theI
rate paid since 1981 at which time the rate was raised to its I
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present level However the power of the dollar has decreased
considerably since the 1981 change
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH SHIFT PREMIUM 1986
Afternoons Nights
AMHERSTBURG
ANDERDON TWP
DRESDEN
ESSEX
KINGSVILLE
MERSEA TWP
PETROLIA
POINT EDWARD
ST CLAIR BEACH
COLCHESTER SOUTH
12
4
3
9
7
5
7
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3
11
159
30
No provision
$36500jyear30
30
25
25
25
35
209
30
30
30
35
30
25
40
However the Board has finally indicated its willingness
to increase the afternoon shift premium by 10 cents ie from
15 cents to 25 cents
Having regard to the presentations of the parties I find
that the Boards offer to raise the premium for Afternoon
Shift to 25 cents and that of Night Shift to 30 cents is fair
and reasonable I therefore award that shift premium clauses
in Article 2 be amended accordingly
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
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members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
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The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
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differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
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The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
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and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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1005
1006
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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referred back to the parties to resolve by mutual agreementI
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on any of the requests presented to me or should any
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
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the arbitrator for his determination
ASSOCIATIONS REQUESTS
1 Salaries Artic le 2
2 Shif t Premium Article 2
3 Call-in Pay Article 3
4 Court Time Article 4
5 Vacations Article 5
6 Medical Services Article 8
Hospital Care amp Prepaid Prescriptions
BOARDS REQUEST
7 Legal Expenses Article 10
ISSUE NUMBER ONE
Salaries - Article 2
The salaries for the members of the Tilbury Police Force
for the year 1986 were as follows
Staff Sergeant $3768070
Sergeant 3573589
Firpt Class Constable 3403418
Second Class Constable 3257557
Third Class Constable 3111696
Fourth Class Constable 2868595
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Clerk Supervisor $1944810I
Clerk Stenographer Class 1 1701709I
Clerk Stenographer Class 2 1458608I
The Association has requested an across the board salaryI
increase which would bring the First Class Constable salaryI
in line with that of other area Forces The First ClassI
Constable salary in the similar size police forces in Tri-I
County Area were as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
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1st Class ConstableFORCE STRENGTH 1986 1987
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AMHERSTBURG 12 $3673400 $3858600
I ANDERDON TWP 4 3660400 3884000
I DRESDEN 3 3059900 3197600
ESSEX 9 3588900 3800000
KINGSVILLE 7 3510500 3760000
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PETROLIA 7 3390000I
POINT EDWARD 5 3407900I
ST CLAIR BCH 3 3574356 3800000
I COLCHESTER S 11 3673500 3877600
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the above forces was $3504476 whereas the salary of theI
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First Class Constable in Tilbury Police Force was $3403418
It means that the salary of the First Class Constable in
Tilbury was 3 less than the salary for similar size forces
in the Tri-County Area
The Association has argued that the Tilbury police
officers require a catch up salary increase of from 30 to
39 to bring them to a 1986 level relative to comparative
forces Thus the Tilbury police officers will require in
1987 a salary increase from 70 to 100 to reach a salary
level relative to comparative police forces
The Association has contended that the matter of salaries
was of grave concern to its members and they strongly felt
that the salaries of Tilbury police officers must be brought
into line with the area police forces The Association
points out that with this in mind it has withdrawn a number
of monetary requests which were of considerable concern to
its members
Further the Association has proposed the following
I salary increase alternativesI
I SALARY INCREASE ALTERNATIVESI
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I ALTERNATIVE 1I
I 5 increase effective January 1st 1987 $3573570I A further 5 increase effective July 1st 1987 3752248I
Actual dollar increase for year 259490I
1987 annualized salary 3662909I
Annualized percentage increase for 1987 76I
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ALTERNATIVE 2
5 increase effective January 1st 1987 $3573570A further 4 increase effectiveJuly 1st 1987 3716519Actual dollar increase for year 2416231987 annualized salary 3645041Annualized percentage increase for 1987 7
ALTERNATIVE 3
5 increase effective January 1st 1987 $3573570A further 35 increase effective July 1st 1987 3698645Actual dollar increase for the year 2327181987 annualized salary 3636118Annualized percentage increase for 1987 68
ALTERNATIVE 4
4 increase effective January 1st 1987 $3539555A further 4 increase effective July 1st 1987 3681137Actual dollar increase for the year 2069291987 annuali z ed sa lary 3610347
Annualized percentage increase for 1987 608
The Board on the other hand has offered a 4 salary
increase across the board The Board has argued that a 4
increase to the 1986 salary for the First Class Constable
$3403418 produces a salary of $3539554 The Board has
justified its offer of 4 salary increase on the ground of
rate of inflation and price index for 1986-87 as well as
public and private wage settlements in Southwestern Ontario
In Belleville Award 1986 dealing with the issue of wage
parity I had stated
It should be recognized that an absolutewage parity even among comparable policeforces is difficult if not impossible
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to achieve However if the wage gap between comparable forces is not gradually narrowed it may grow to a disproportionate limit Moreover an abnormal wage disparity among comparable forces in the long run may affect the forces morale and productivity aswell as employer-employee relations
The Association has suggested that I should use police to
police salary comparison whereas the Board has emphasized
that I should follow the Community Standard in which the
members of the force live and work
In my opinion an arbitrator while awarding wage increases
along with the other factors should give serious consideration
to the wages paid by comparable police forces in other similar
size communities in the region However it may not be
possible or desirable for an arbitrator to make a strict
application of the criteria Rather they must be applied
with the end in view of providing a solution that will be
satisfactory enough to both sides to be workable No single
criteria is suitable for universal application in all
industries and under all circumstances Arbitrators generally
apply a combination of criteria the combination varying from
case to case It requires the balancing of a number of criteria
in an effort to achieve a result which falls somewhere within
an equitable range equitable in terms of those who must live
under the result and those who pay it
Thus having regard to the presentations of the parties
taking into account the relevant factors some of which I have
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mentioned above and for the foregoing reasons I award a
52 per cent across-the-board increase over the 1986 salaries
ISSUE NUMBER TWO
Shift Premium - Article 2
Article 2 in the existing Collective Agreement provides
the following shift premiums
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight fifteencents ($015) per hour premium for eachshift hour worked but not to include anyovertime work
23 Night Shift Shift hours between the hoursof Midnight and 800 am twenty-five cents($025) per hour premium for each shift hourworked but not to include any overtime work
The Association has requested that shift premiums be
increased by 15 cents per hour and to reflect this change
Article 2 be amended as follows
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight thirty cents
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($030) per hour premium for each shift hourI worked but not to include any overtime workI
23 Night Shift Shift hours between the hours ofI Midnight and 800 am forty cents ($040)
per hour premium for each shift hour workedI
but not to include any overtime workI
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5 cents per hour in the shift premiums The Board has arguedI
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that its offer is reasonable It has pointed out that out of
18 comparable forces
6 make no provision
3 make flat sum payments
1 pays less
8 pay greater amounts
none pays 40~ per hour for Midnight to 800 am
The prevailing trend for Midnight to 800 am is
30~ per hour
The Association has argued that an increase in Shift
Premiums is required to help compensate for the lower salary
paid to the Tilbury officers in comparison to surrounding forces
Further shift premium has been used for years as a bonus
to persons working shifts over those working straight hours
as a means of compensation to the shift worker It is a well
established fact that diurnal creatures (shift workers) are
affected negatively by their working hours Shift workers
authentically suffer more illnesses due to lower resistanceI
I ulcers and are easily fatigued due to erratic hours
The Association has further contended that though theI
Tilbury officers have enjoyed a shift premium payment in their
contract for many years there has not been an increase in theI
rate paid since 1981 at which time the rate was raised to its I
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present level However the power of the dollar has decreased
considerably since the 1981 change
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH SHIFT PREMIUM 1986
Afternoons Nights
AMHERSTBURG
ANDERDON TWP
DRESDEN
ESSEX
KINGSVILLE
MERSEA TWP
PETROLIA
POINT EDWARD
ST CLAIR BEACH
COLCHESTER SOUTH
12
4
3
9
7
5
7
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3
11
159
30
No provision
$36500jyear30
30
25
25
25
35
209
30
30
30
35
30
25
40
However the Board has finally indicated its willingness
to increase the afternoon shift premium by 10 cents ie from
15 cents to 25 cents
Having regard to the presentations of the parties I find
that the Boards offer to raise the premium for Afternoon
Shift to 25 cents and that of Night Shift to 30 cents is fair
and reasonable I therefore award that shift premium clauses
in Article 2 be amended accordingly
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
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rate of payReimbursement for court attendance on a
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members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
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The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
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differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
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The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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1006
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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on any of the requests presented to me or should any
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
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Clerk Supervisor $1944810I
Clerk Stenographer Class 1 1701709I
Clerk Stenographer Class 2 1458608I
The Association has requested an across the board salaryI
increase which would bring the First Class Constable salaryI
in line with that of other area Forces The First ClassI
Constable salary in the similar size police forces in Tri-I
County Area were as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
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1st Class ConstableFORCE STRENGTH 1986 1987
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AMHERSTBURG 12 $3673400 $3858600
I ANDERDON TWP 4 3660400 3884000
I DRESDEN 3 3059900 3197600
ESSEX 9 3588900 3800000
KINGSVILLE 7 3510500 3760000
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PETROLIA 7 3390000I
POINT EDWARD 5 3407900I
ST CLAIR BCH 3 3574356 3800000
I COLCHESTER S 11 3673500 3877600
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the above forces was $3504476 whereas the salary of theI
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First Class Constable in Tilbury Police Force was $3403418
It means that the salary of the First Class Constable in
Tilbury was 3 less than the salary for similar size forces
in the Tri-County Area
The Association has argued that the Tilbury police
officers require a catch up salary increase of from 30 to
39 to bring them to a 1986 level relative to comparative
forces Thus the Tilbury police officers will require in
1987 a salary increase from 70 to 100 to reach a salary
level relative to comparative police forces
The Association has contended that the matter of salaries
was of grave concern to its members and they strongly felt
that the salaries of Tilbury police officers must be brought
into line with the area police forces The Association
points out that with this in mind it has withdrawn a number
of monetary requests which were of considerable concern to
its members
Further the Association has proposed the following
I salary increase alternativesI
I SALARY INCREASE ALTERNATIVESI
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I ALTERNATIVE 1I
I 5 increase effective January 1st 1987 $3573570I A further 5 increase effective July 1st 1987 3752248I
Actual dollar increase for year 259490I
1987 annualized salary 3662909I
Annualized percentage increase for 1987 76I
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ALTERNATIVE 2
5 increase effective January 1st 1987 $3573570A further 4 increase effectiveJuly 1st 1987 3716519Actual dollar increase for year 2416231987 annualized salary 3645041Annualized percentage increase for 1987 7
ALTERNATIVE 3
5 increase effective January 1st 1987 $3573570A further 35 increase effective July 1st 1987 3698645Actual dollar increase for the year 2327181987 annualized salary 3636118Annualized percentage increase for 1987 68
ALTERNATIVE 4
4 increase effective January 1st 1987 $3539555A further 4 increase effective July 1st 1987 3681137Actual dollar increase for the year 2069291987 annuali z ed sa lary 3610347
Annualized percentage increase for 1987 608
The Board on the other hand has offered a 4 salary
increase across the board The Board has argued that a 4
increase to the 1986 salary for the First Class Constable
$3403418 produces a salary of $3539554 The Board has
justified its offer of 4 salary increase on the ground of
rate of inflation and price index for 1986-87 as well as
public and private wage settlements in Southwestern Ontario
In Belleville Award 1986 dealing with the issue of wage
parity I had stated
It should be recognized that an absolutewage parity even among comparable policeforces is difficult if not impossible
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to achieve However if the wage gap between comparable forces is not gradually narrowed it may grow to a disproportionate limit Moreover an abnormal wage disparity among comparable forces in the long run may affect the forces morale and productivity aswell as employer-employee relations
The Association has suggested that I should use police to
police salary comparison whereas the Board has emphasized
that I should follow the Community Standard in which the
members of the force live and work
In my opinion an arbitrator while awarding wage increases
along with the other factors should give serious consideration
to the wages paid by comparable police forces in other similar
size communities in the region However it may not be
possible or desirable for an arbitrator to make a strict
application of the criteria Rather they must be applied
with the end in view of providing a solution that will be
satisfactory enough to both sides to be workable No single
criteria is suitable for universal application in all
industries and under all circumstances Arbitrators generally
apply a combination of criteria the combination varying from
case to case It requires the balancing of a number of criteria
in an effort to achieve a result which falls somewhere within
an equitable range equitable in terms of those who must live
under the result and those who pay it
Thus having regard to the presentations of the parties
taking into account the relevant factors some of which I have
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mentioned above and for the foregoing reasons I award a
52 per cent across-the-board increase over the 1986 salaries
ISSUE NUMBER TWO
Shift Premium - Article 2
Article 2 in the existing Collective Agreement provides
the following shift premiums
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight fifteencents ($015) per hour premium for eachshift hour worked but not to include anyovertime work
23 Night Shift Shift hours between the hoursof Midnight and 800 am twenty-five cents($025) per hour premium for each shift hourworked but not to include any overtime work
The Association has requested that shift premiums be
increased by 15 cents per hour and to reflect this change
Article 2 be amended as follows
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight thirty cents
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($030) per hour premium for each shift hourI worked but not to include any overtime workI
23 Night Shift Shift hours between the hours ofI Midnight and 800 am forty cents ($040)
per hour premium for each shift hour workedI
but not to include any overtime workI
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5 cents per hour in the shift premiums The Board has arguedI
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that its offer is reasonable It has pointed out that out of
18 comparable forces
6 make no provision
3 make flat sum payments
1 pays less
8 pay greater amounts
none pays 40~ per hour for Midnight to 800 am
The prevailing trend for Midnight to 800 am is
30~ per hour
The Association has argued that an increase in Shift
Premiums is required to help compensate for the lower salary
paid to the Tilbury officers in comparison to surrounding forces
Further shift premium has been used for years as a bonus
to persons working shifts over those working straight hours
as a means of compensation to the shift worker It is a well
established fact that diurnal creatures (shift workers) are
affected negatively by their working hours Shift workers
authentically suffer more illnesses due to lower resistanceI
I ulcers and are easily fatigued due to erratic hours
The Association has further contended that though theI
Tilbury officers have enjoyed a shift premium payment in their
contract for many years there has not been an increase in theI
rate paid since 1981 at which time the rate was raised to its I
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present level However the power of the dollar has decreased
considerably since the 1981 change
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH SHIFT PREMIUM 1986
Afternoons Nights
AMHERSTBURG
ANDERDON TWP
DRESDEN
ESSEX
KINGSVILLE
MERSEA TWP
PETROLIA
POINT EDWARD
ST CLAIR BEACH
COLCHESTER SOUTH
12
4
3
9
7
5
7
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3
11
159
30
No provision
$36500jyear30
30
25
25
25
35
209
30
30
30
35
30
25
40
However the Board has finally indicated its willingness
to increase the afternoon shift premium by 10 cents ie from
15 cents to 25 cents
Having regard to the presentations of the parties I find
that the Boards offer to raise the premium for Afternoon
Shift to 25 cents and that of Night Shift to 30 cents is fair
and reasonable I therefore award that shift premium clauses
in Article 2 be amended accordingly
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
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members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
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The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
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differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
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The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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on any of the requests presented to me or should any
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
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First Class Constable in Tilbury Police Force was $3403418
It means that the salary of the First Class Constable in
Tilbury was 3 less than the salary for similar size forces
in the Tri-County Area
The Association has argued that the Tilbury police
officers require a catch up salary increase of from 30 to
39 to bring them to a 1986 level relative to comparative
forces Thus the Tilbury police officers will require in
1987 a salary increase from 70 to 100 to reach a salary
level relative to comparative police forces
The Association has contended that the matter of salaries
was of grave concern to its members and they strongly felt
that the salaries of Tilbury police officers must be brought
into line with the area police forces The Association
points out that with this in mind it has withdrawn a number
of monetary requests which were of considerable concern to
its members
Further the Association has proposed the following
I salary increase alternativesI
I SALARY INCREASE ALTERNATIVESI
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I ALTERNATIVE 1I
I 5 increase effective January 1st 1987 $3573570I A further 5 increase effective July 1st 1987 3752248I
Actual dollar increase for year 259490I
1987 annualized salary 3662909I
Annualized percentage increase for 1987 76I
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ALTERNATIVE 2
5 increase effective January 1st 1987 $3573570A further 4 increase effectiveJuly 1st 1987 3716519Actual dollar increase for year 2416231987 annualized salary 3645041Annualized percentage increase for 1987 7
ALTERNATIVE 3
5 increase effective January 1st 1987 $3573570A further 35 increase effective July 1st 1987 3698645Actual dollar increase for the year 2327181987 annualized salary 3636118Annualized percentage increase for 1987 68
ALTERNATIVE 4
4 increase effective January 1st 1987 $3539555A further 4 increase effective July 1st 1987 3681137Actual dollar increase for the year 2069291987 annuali z ed sa lary 3610347
Annualized percentage increase for 1987 608
The Board on the other hand has offered a 4 salary
increase across the board The Board has argued that a 4
increase to the 1986 salary for the First Class Constable
$3403418 produces a salary of $3539554 The Board has
justified its offer of 4 salary increase on the ground of
rate of inflation and price index for 1986-87 as well as
public and private wage settlements in Southwestern Ontario
In Belleville Award 1986 dealing with the issue of wage
parity I had stated
It should be recognized that an absolutewage parity even among comparable policeforces is difficult if not impossible
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to achieve However if the wage gap between comparable forces is not gradually narrowed it may grow to a disproportionate limit Moreover an abnormal wage disparity among comparable forces in the long run may affect the forces morale and productivity aswell as employer-employee relations
The Association has suggested that I should use police to
police salary comparison whereas the Board has emphasized
that I should follow the Community Standard in which the
members of the force live and work
In my opinion an arbitrator while awarding wage increases
along with the other factors should give serious consideration
to the wages paid by comparable police forces in other similar
size communities in the region However it may not be
possible or desirable for an arbitrator to make a strict
application of the criteria Rather they must be applied
with the end in view of providing a solution that will be
satisfactory enough to both sides to be workable No single
criteria is suitable for universal application in all
industries and under all circumstances Arbitrators generally
apply a combination of criteria the combination varying from
case to case It requires the balancing of a number of criteria
in an effort to achieve a result which falls somewhere within
an equitable range equitable in terms of those who must live
under the result and those who pay it
Thus having regard to the presentations of the parties
taking into account the relevant factors some of which I have
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mentioned above and for the foregoing reasons I award a
52 per cent across-the-board increase over the 1986 salaries
ISSUE NUMBER TWO
Shift Premium - Article 2
Article 2 in the existing Collective Agreement provides
the following shift premiums
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight fifteencents ($015) per hour premium for eachshift hour worked but not to include anyovertime work
23 Night Shift Shift hours between the hoursof Midnight and 800 am twenty-five cents($025) per hour premium for each shift hourworked but not to include any overtime work
The Association has requested that shift premiums be
increased by 15 cents per hour and to reflect this change
Article 2 be amended as follows
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight thirty cents
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($030) per hour premium for each shift hourI worked but not to include any overtime workI
23 Night Shift Shift hours between the hours ofI Midnight and 800 am forty cents ($040)
per hour premium for each shift hour workedI
but not to include any overtime workI
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5 cents per hour in the shift premiums The Board has arguedI
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that its offer is reasonable It has pointed out that out of
18 comparable forces
6 make no provision
3 make flat sum payments
1 pays less
8 pay greater amounts
none pays 40~ per hour for Midnight to 800 am
The prevailing trend for Midnight to 800 am is
30~ per hour
The Association has argued that an increase in Shift
Premiums is required to help compensate for the lower salary
paid to the Tilbury officers in comparison to surrounding forces
Further shift premium has been used for years as a bonus
to persons working shifts over those working straight hours
as a means of compensation to the shift worker It is a well
established fact that diurnal creatures (shift workers) are
affected negatively by their working hours Shift workers
authentically suffer more illnesses due to lower resistanceI
I ulcers and are easily fatigued due to erratic hours
The Association has further contended that though theI
Tilbury officers have enjoyed a shift premium payment in their
contract for many years there has not been an increase in theI
rate paid since 1981 at which time the rate was raised to its I
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present level However the power of the dollar has decreased
considerably since the 1981 change
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH SHIFT PREMIUM 1986
Afternoons Nights
AMHERSTBURG
ANDERDON TWP
DRESDEN
ESSEX
KINGSVILLE
MERSEA TWP
PETROLIA
POINT EDWARD
ST CLAIR BEACH
COLCHESTER SOUTH
12
4
3
9
7
5
7
5
3
11
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30
No provision
$36500jyear30
30
25
25
25
35
209
30
30
30
35
30
25
40
However the Board has finally indicated its willingness
to increase the afternoon shift premium by 10 cents ie from
15 cents to 25 cents
Having regard to the presentations of the parties I find
that the Boards offer to raise the premium for Afternoon
Shift to 25 cents and that of Night Shift to 30 cents is fair
and reasonable I therefore award that shift premium clauses
in Article 2 be amended accordingly
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
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members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
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The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
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differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
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The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
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ALTERNATIVE 2
5 increase effective January 1st 1987 $3573570A further 4 increase effectiveJuly 1st 1987 3716519Actual dollar increase for year 2416231987 annualized salary 3645041Annualized percentage increase for 1987 7
ALTERNATIVE 3
5 increase effective January 1st 1987 $3573570A further 35 increase effective July 1st 1987 3698645Actual dollar increase for the year 2327181987 annualized salary 3636118Annualized percentage increase for 1987 68
ALTERNATIVE 4
4 increase effective January 1st 1987 $3539555A further 4 increase effective July 1st 1987 3681137Actual dollar increase for the year 2069291987 annuali z ed sa lary 3610347
Annualized percentage increase for 1987 608
The Board on the other hand has offered a 4 salary
increase across the board The Board has argued that a 4
increase to the 1986 salary for the First Class Constable
$3403418 produces a salary of $3539554 The Board has
justified its offer of 4 salary increase on the ground of
rate of inflation and price index for 1986-87 as well as
public and private wage settlements in Southwestern Ontario
In Belleville Award 1986 dealing with the issue of wage
parity I had stated
It should be recognized that an absolutewage parity even among comparable policeforces is difficult if not impossible
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to achieve However if the wage gap between comparable forces is not gradually narrowed it may grow to a disproportionate limit Moreover an abnormal wage disparity among comparable forces in the long run may affect the forces morale and productivity aswell as employer-employee relations
The Association has suggested that I should use police to
police salary comparison whereas the Board has emphasized
that I should follow the Community Standard in which the
members of the force live and work
In my opinion an arbitrator while awarding wage increases
along with the other factors should give serious consideration
to the wages paid by comparable police forces in other similar
size communities in the region However it may not be
possible or desirable for an arbitrator to make a strict
application of the criteria Rather they must be applied
with the end in view of providing a solution that will be
satisfactory enough to both sides to be workable No single
criteria is suitable for universal application in all
industries and under all circumstances Arbitrators generally
apply a combination of criteria the combination varying from
case to case It requires the balancing of a number of criteria
in an effort to achieve a result which falls somewhere within
an equitable range equitable in terms of those who must live
under the result and those who pay it
Thus having regard to the presentations of the parties
taking into account the relevant factors some of which I have
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mentioned above and for the foregoing reasons I award a
52 per cent across-the-board increase over the 1986 salaries
ISSUE NUMBER TWO
Shift Premium - Article 2
Article 2 in the existing Collective Agreement provides
the following shift premiums
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight fifteencents ($015) per hour premium for eachshift hour worked but not to include anyovertime work
23 Night Shift Shift hours between the hoursof Midnight and 800 am twenty-five cents($025) per hour premium for each shift hourworked but not to include any overtime work
The Association has requested that shift premiums be
increased by 15 cents per hour and to reflect this change
Article 2 be amended as follows
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight thirty cents
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($030) per hour premium for each shift hourI worked but not to include any overtime workI
23 Night Shift Shift hours between the hours ofI Midnight and 800 am forty cents ($040)
per hour premium for each shift hour workedI
but not to include any overtime workI
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5 cents per hour in the shift premiums The Board has arguedI
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that its offer is reasonable It has pointed out that out of
18 comparable forces
6 make no provision
3 make flat sum payments
1 pays less
8 pay greater amounts
none pays 40~ per hour for Midnight to 800 am
The prevailing trend for Midnight to 800 am is
30~ per hour
The Association has argued that an increase in Shift
Premiums is required to help compensate for the lower salary
paid to the Tilbury officers in comparison to surrounding forces
Further shift premium has been used for years as a bonus
to persons working shifts over those working straight hours
as a means of compensation to the shift worker It is a well
established fact that diurnal creatures (shift workers) are
affected negatively by their working hours Shift workers
authentically suffer more illnesses due to lower resistanceI
I ulcers and are easily fatigued due to erratic hours
The Association has further contended that though theI
Tilbury officers have enjoyed a shift premium payment in their
contract for many years there has not been an increase in theI
rate paid since 1981 at which time the rate was raised to its I
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present level However the power of the dollar has decreased
considerably since the 1981 change
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH SHIFT PREMIUM 1986
Afternoons Nights
AMHERSTBURG
ANDERDON TWP
DRESDEN
ESSEX
KINGSVILLE
MERSEA TWP
PETROLIA
POINT EDWARD
ST CLAIR BEACH
COLCHESTER SOUTH
12
4
3
9
7
5
7
5
3
11
159
30
No provision
$36500jyear30
30
25
25
25
35
209
30
30
30
35
30
25
40
However the Board has finally indicated its willingness
to increase the afternoon shift premium by 10 cents ie from
15 cents to 25 cents
Having regard to the presentations of the parties I find
that the Boards offer to raise the premium for Afternoon
Shift to 25 cents and that of Night Shift to 30 cents is fair
and reasonable I therefore award that shift premium clauses
in Article 2 be amended accordingly
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
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members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
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The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
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differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
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The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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1006
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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on any of the requests presented to me or should any
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
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to achieve However if the wage gap between comparable forces is not gradually narrowed it may grow to a disproportionate limit Moreover an abnormal wage disparity among comparable forces in the long run may affect the forces morale and productivity aswell as employer-employee relations
The Association has suggested that I should use police to
police salary comparison whereas the Board has emphasized
that I should follow the Community Standard in which the
members of the force live and work
In my opinion an arbitrator while awarding wage increases
along with the other factors should give serious consideration
to the wages paid by comparable police forces in other similar
size communities in the region However it may not be
possible or desirable for an arbitrator to make a strict
application of the criteria Rather they must be applied
with the end in view of providing a solution that will be
satisfactory enough to both sides to be workable No single
criteria is suitable for universal application in all
industries and under all circumstances Arbitrators generally
apply a combination of criteria the combination varying from
case to case It requires the balancing of a number of criteria
in an effort to achieve a result which falls somewhere within
an equitable range equitable in terms of those who must live
under the result and those who pay it
Thus having regard to the presentations of the parties
taking into account the relevant factors some of which I have
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mentioned above and for the foregoing reasons I award a
52 per cent across-the-board increase over the 1986 salaries
ISSUE NUMBER TWO
Shift Premium - Article 2
Article 2 in the existing Collective Agreement provides
the following shift premiums
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight fifteencents ($015) per hour premium for eachshift hour worked but not to include anyovertime work
23 Night Shift Shift hours between the hoursof Midnight and 800 am twenty-five cents($025) per hour premium for each shift hourworked but not to include any overtime work
The Association has requested that shift premiums be
increased by 15 cents per hour and to reflect this change
Article 2 be amended as follows
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight thirty cents
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($030) per hour premium for each shift hourI worked but not to include any overtime workI
23 Night Shift Shift hours between the hours ofI Midnight and 800 am forty cents ($040)
per hour premium for each shift hour workedI
but not to include any overtime workI
I The Board on the other hand has offered an increase ofI
5 cents per hour in the shift premiums The Board has arguedI
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that its offer is reasonable It has pointed out that out of
18 comparable forces
6 make no provision
3 make flat sum payments
1 pays less
8 pay greater amounts
none pays 40~ per hour for Midnight to 800 am
The prevailing trend for Midnight to 800 am is
30~ per hour
The Association has argued that an increase in Shift
Premiums is required to help compensate for the lower salary
paid to the Tilbury officers in comparison to surrounding forces
Further shift premium has been used for years as a bonus
to persons working shifts over those working straight hours
as a means of compensation to the shift worker It is a well
established fact that diurnal creatures (shift workers) are
affected negatively by their working hours Shift workers
authentically suffer more illnesses due to lower resistanceI
I ulcers and are easily fatigued due to erratic hours
The Association has further contended that though theI
Tilbury officers have enjoyed a shift premium payment in their
contract for many years there has not been an increase in theI
rate paid since 1981 at which time the rate was raised to its I
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present level However the power of the dollar has decreased
considerably since the 1981 change
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH SHIFT PREMIUM 1986
Afternoons Nights
AMHERSTBURG
ANDERDON TWP
DRESDEN
ESSEX
KINGSVILLE
MERSEA TWP
PETROLIA
POINT EDWARD
ST CLAIR BEACH
COLCHESTER SOUTH
12
4
3
9
7
5
7
5
3
11
159
30
No provision
$36500jyear30
30
25
25
25
35
209
30
30
30
35
30
25
40
However the Board has finally indicated its willingness
to increase the afternoon shift premium by 10 cents ie from
15 cents to 25 cents
Having regard to the presentations of the parties I find
that the Boards offer to raise the premium for Afternoon
Shift to 25 cents and that of Night Shift to 30 cents is fair
and reasonable I therefore award that shift premium clauses
in Article 2 be amended accordingly
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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I regular scheduled hours
The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
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rate of payReimbursement for court attendance on a
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members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
I day
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The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
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differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
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The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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1005
1006
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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on any of the requests presented to me or should any
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
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mentioned above and for the foregoing reasons I award a
52 per cent across-the-board increase over the 1986 salaries
ISSUE NUMBER TWO
Shift Premium - Article 2
Article 2 in the existing Collective Agreement provides
the following shift premiums
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight fifteencents ($015) per hour premium for eachshift hour worked but not to include anyovertime work
23 Night Shift Shift hours between the hoursof Midnight and 800 am twenty-five cents($025) per hour premium for each shift hourworked but not to include any overtime work
The Association has requested that shift premiums be
increased by 15 cents per hour and to reflect this change
Article 2 be amended as follows
22 Afternoon Shift Shift hours between thehours of 400 pm and Midnight thirty cents
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($030) per hour premium for each shift hourI worked but not to include any overtime workI
23 Night Shift Shift hours between the hours ofI Midnight and 800 am forty cents ($040)
per hour premium for each shift hour workedI
but not to include any overtime workI
I The Board on the other hand has offered an increase ofI
5 cents per hour in the shift premiums The Board has arguedI
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that its offer is reasonable It has pointed out that out of
18 comparable forces
6 make no provision
3 make flat sum payments
1 pays less
8 pay greater amounts
none pays 40~ per hour for Midnight to 800 am
The prevailing trend for Midnight to 800 am is
30~ per hour
The Association has argued that an increase in Shift
Premiums is required to help compensate for the lower salary
paid to the Tilbury officers in comparison to surrounding forces
Further shift premium has been used for years as a bonus
to persons working shifts over those working straight hours
as a means of compensation to the shift worker It is a well
established fact that diurnal creatures (shift workers) are
affected negatively by their working hours Shift workers
authentically suffer more illnesses due to lower resistanceI
I ulcers and are easily fatigued due to erratic hours
The Association has further contended that though theI
Tilbury officers have enjoyed a shift premium payment in their
contract for many years there has not been an increase in theI
rate paid since 1981 at which time the rate was raised to its I
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present level However the power of the dollar has decreased
considerably since the 1981 change
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH SHIFT PREMIUM 1986
Afternoons Nights
AMHERSTBURG
ANDERDON TWP
DRESDEN
ESSEX
KINGSVILLE
MERSEA TWP
PETROLIA
POINT EDWARD
ST CLAIR BEACH
COLCHESTER SOUTH
12
4
3
9
7
5
7
5
3
11
159
30
No provision
$36500jyear30
30
25
25
25
35
209
30
30
30
35
30
25
40
However the Board has finally indicated its willingness
to increase the afternoon shift premium by 10 cents ie from
15 cents to 25 cents
Having regard to the presentations of the parties I find
that the Boards offer to raise the premium for Afternoon
Shift to 25 cents and that of Night Shift to 30 cents is fair
and reasonable I therefore award that shift premium clauses
in Article 2 be amended accordingly
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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I regular scheduled hours
The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
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rate of payReimbursement for court attendance on a
I
members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
I day
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The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
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differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
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The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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1005
1006
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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on any of the requests presented to me or should any
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
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that its offer is reasonable It has pointed out that out of
18 comparable forces
6 make no provision
3 make flat sum payments
1 pays less
8 pay greater amounts
none pays 40~ per hour for Midnight to 800 am
The prevailing trend for Midnight to 800 am is
30~ per hour
The Association has argued that an increase in Shift
Premiums is required to help compensate for the lower salary
paid to the Tilbury officers in comparison to surrounding forces
Further shift premium has been used for years as a bonus
to persons working shifts over those working straight hours
as a means of compensation to the shift worker It is a well
established fact that diurnal creatures (shift workers) are
affected negatively by their working hours Shift workers
authentically suffer more illnesses due to lower resistanceI
I ulcers and are easily fatigued due to erratic hours
The Association has further contended that though theI
Tilbury officers have enjoyed a shift premium payment in their
contract for many years there has not been an increase in theI
rate paid since 1981 at which time the rate was raised to its I
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present level However the power of the dollar has decreased
considerably since the 1981 change
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH SHIFT PREMIUM 1986
Afternoons Nights
AMHERSTBURG
ANDERDON TWP
DRESDEN
ESSEX
KINGSVILLE
MERSEA TWP
PETROLIA
POINT EDWARD
ST CLAIR BEACH
COLCHESTER SOUTH
12
4
3
9
7
5
7
5
3
11
159
30
No provision
$36500jyear30
30
25
25
25
35
209
30
30
30
35
30
25
40
However the Board has finally indicated its willingness
to increase the afternoon shift premium by 10 cents ie from
15 cents to 25 cents
Having regard to the presentations of the parties I find
that the Boards offer to raise the premium for Afternoon
Shift to 25 cents and that of Night Shift to 30 cents is fair
and reasonable I therefore award that shift premium clauses
in Article 2 be amended accordingly
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
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rate of payReimbursement for court attendance on a
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members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
I day
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The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
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differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
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The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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on any of the requests presented to me or should any
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
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present level However the power of the dollar has decreased
considerably since the 1981 change
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH SHIFT PREMIUM 1986
Afternoons Nights
AMHERSTBURG
ANDERDON TWP
DRESDEN
ESSEX
KINGSVILLE
MERSEA TWP
PETROLIA
POINT EDWARD
ST CLAIR BEACH
COLCHESTER SOUTH
12
4
3
9
7
5
7
5
3
11
159
30
No provision
$36500jyear30
30
25
25
25
35
209
30
30
30
35
30
25
40
However the Board has finally indicated its willingness
to increase the afternoon shift premium by 10 cents ie from
15 cents to 25 cents
Having regard to the presentations of the parties I find
that the Boards offer to raise the premium for Afternoon
Shift to 25 cents and that of Night Shift to 30 cents is fair
and reasonable I therefore award that shift premium clauses
in Article 2 be amended accordingly
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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I regular scheduled hours
The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
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rate of payReimbursement for court attendance on a
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members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
I day
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The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
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differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
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The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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referred back to the parties to resolve by mutual agreementI
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on any of the requests presented to me or should any
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
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ISSUE NUMBER THREE
Call-In Pay - Article 3
Article 35 in the existing Collective Agreement provides
35 Any member of the Force required tobe called-in to work for a periodof time beyond his regular tour ofduty for any particular day shall becompensated for a minimum of three (3)overtime hours
The Association has requested that Article 35 be amended
to read as follows
35 Any member of the Force required tobe calledin to work for a periodof time in addition to his regularshift hours shall be compensated fora minimum of three (3) overtime hoursAny member of the Force required to becalled-in to work for a period of timeon his scheduled rest day shall becompensated for a minimum of four (4)overtime hours
In support of its request the Association has argued that
due to the type of job and certain types of incidents some
members of the force find themselves being called in for duty
at any hour of the day or night off shift or even day off
Article 36 of the contract states that All members of the
force shall be eligible to be called in for duty at the
discretion of the Chief at any time and if available shall
report for duty What this means is if a member can be
reached irregardless of where he is what he is doing or
what he has planned to do he must report for duty
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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I regular scheduled hours
The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
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The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
I
rate of payReimbursement for court attendance on a
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members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
I day
I
The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
-18shy
differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
I
The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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1005
1006
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
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referred back to the parties to resolve by mutual agreementI
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If I have through inadvertance failed to make a specificI
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on any of the requests presented to me or should any
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dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
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The Association feels that a member should be able to
anticipate and enjoy his scheduled days off without the worry
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of being called-in for duty However it also recognizes the
fact that sometimes there is no alternative and a member willI
be called-in on an off day In this instance they feel that
the member should be compensated to a greater degree than a
member who is called-in either prior to or following his
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I regular scheduled hours
The Board on the other hand has denied the AssociationsI
request The Board has argued that there was no justification
to allow an additional premium for being called-in on aI
scheduled day of rest The Board further contended that a
I survey of 18 comparable police forces does not merit higher
premium for call-in on a day of restI
A survey of 10 comparable police forces in Tri-County
Area indicates call-in premium as follows
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POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
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ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
I
The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
I
rate of payReimbursement for court attendance on a
I
members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
I day
I
The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
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day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
-18shy
differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
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ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
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VISION CARE
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I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
I
The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
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1004
1005
1006
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A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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I
1007
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
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-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
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-15shy
POLICE FORCES - SIMILAR SIZE (3-12)
ZONE - TRI-COUNTY AREA
FORCE STRENGTH CALL-IN TIME
Minimum Hours
Credit Rate
45 15AMHERSTBURG 12
3 1ANDERDON TWP 4
4 1DRESDEN 3
4 15ESSEX 9
4 1KINGSVILLE 7 I
3 15MERSEA TWP 5
3 15PETROLIA 7
3 15POINT EDWARD 5
1 153ST CLAIR BEACH
4 15COLCHESTER SOUTH 11
Having reviewed the information and data supplied by
the parties in this regard I find that the call-in pay for
the Tilbury Force if not better than the comparable police
forces it is not behind either Therefore I deny this
request
I I
I r
-16shyI
I
I
I
ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
I
The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
I
rate of payReimbursement for court attendance on a
I
members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
I day
I
The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
II
I
I
I
-17shy
day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
-18shy
differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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-19shy
(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
I
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I
I
I
I
I
I
I
I
I
I
I
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I
-20shy
ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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I
-21shy
Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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-22shy
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
I
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I
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I
-23shy I
I
VISION CARE
I
I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
I
The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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-24shy
BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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-25shy
The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
t
I
1004
1005
1006
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- ~-shy
-26shy
A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
I
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I
I
1007
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I
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I
I
1008I
I I
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LI
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I
I
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I
-27shy
(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
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-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
I
L
-16shyI
I
I
I
ISSUE NUMBER FOURI
Court Time - Article 4I
I Article 43 in the existing Collective Agreement provides
I Reimbursement for court time other thanduring a scheduled tour of duty shall be
I paid at the rate of time and one-half timeshis hourly rate of pay as set forth in
I Article 33 except when the member of theForce is on vacation in which instance the
I member shall be paid at double his aforesaidhourly rate of pay
I
The Association has requested that Article 43 be amendedI
to read as followsI
Reimbursement for court time other thanI
during a scheduled tour of duty but ona working day shall be at the overtime
I
rate of payReimbursement for court attendance on a
I
members rest day shall be at a rate ofdouble his hourly rate of pay except
I when a member is on vacation in whichinstance the member shall be paid at
I - double his hourly rate of pay plus heshall be credited with an extra vacation
I day
I
The Associations request is similar to its earlierI
request regarding Call-In Pay - additional payment for
court duty on a day of rest
The Association has argued that its members find that
they are scheduled for court on their rest or off days
regularly this is extra duty but required by the very nature
of the job itself The members have no say as to when a case
will be scheduled for court either as to day or time on that
II
I
I
I
-17shy
day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
-18shy
differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
I
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I
I
I
I
I
I
I
I
I
I
I
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I
I
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I
I
I
-19shy
(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-20shy
ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-21shy
Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
I
I
I
I
I
I
I
I
I
I
I
I
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I
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I
I
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I
I
I
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I
-22shy
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
I
I
I
I
I
I
-23shy I
I
VISION CARE
I
I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
I
The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
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-24shy
BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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-25shy
The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
t
I
1004
1005
1006
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- ~-shy
-26shy
A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
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1007
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1008I
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(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
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-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
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-17shy
day Members find that they are scheduled for court attend
wait for hours only to find that either the case cannot be
dealt with due to overloaded calendars an unavailable lawyer
or witness or that suddenly the accused has decided to plead
guilty These are the typical occurrences and although they
may occur on a scheduled work day and the member still has to
report for duty often just seeing his family to say hello and
good-bye it is accepted as being part of the job However
when this same type of occurrence happens on one or both of
the two days a week that the members get off it seems unfair
It is for this reason that the Association feels that
members being required to attend court on their off or rest
days should be compensated at a greater rate of pay than the
member attending court on a regular scheduled work day
Often time a member will have selected his annual vacation
months in advance and suddenly be notified that he has court
during his scheduled leave This type of situation causes
hardship not only for the member but for his whole family
as well often resulting in cancellation of plans altogether
These court appearances do not necessarily occur on the first
or last day of the scheduled vacation but usually occur midshy
week resulting in at least an extra round trip if the member
is able to continue with his scheduled plans
The Board has denied the Associations request The Board
has pointed out that the rate of pay for Court Time does not
-18shy
differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
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-19shy
(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
I
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I
I
I
I
I
I
I
I
I
I
I
I
I
I
-20shy
ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
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-21shy
Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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I
-22shy
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
I
I
I
I
I
I
-23shy I
I
VISION CARE
I
I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
I
The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
I
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I
I
I
I
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I
-24shy
BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
I
I
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-25shy
The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
t
I
1004
1005
1006
I
I
I
I
- ~-shy
-26shy
A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
I
I
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I
I
1007
I
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I
I
1008I
I I
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LI
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I
-27shy
(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
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-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
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L
-18shy
differ between attendance during off duty shift or during a
day of rest
Even though one can appreciate the concern of the Assoshy
ciation in making this request it would appear that neither
the argument nor any other evidence presented has enough
persuasive force to indicate that such a request be granted
by this arbitrator I therefore deny this request
ISSUE NUMBER FIVE
Vacations - Article 5
Article 5 in the existing Co~lective Agreement provides
for vacation entitlement as follows
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
5 weeks after 17 years
The Association has requested that in addition to the
existing vacation entitlement members should be granted 6
I weeks after 22 years plus one (1) additional week of paid
vacation if all vacation is taken prior to May 30 andor after
November
According to the Association it has requested an enlargeshy
ment in the vacation schedule for two main reasons -
I
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I
I
I
I
I
I
I
I
I
I
I
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I
-19shy
(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-20shy
ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-21shy
Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-22shy
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
I
I
I
I
I
I
-23shy I
I
VISION CARE
I
I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
I
The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-24shy
BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
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-25shy
The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
t
I
1004
1005
1006
I
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I
- ~-shy
-26shy
A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
I
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I
1007
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I
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I
I
1008I
I I
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-27shy
(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
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-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
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-19shy
(i) to increase benefits to long service members of the Force
and thereby assure continued and faithful good service and
(ii) to assure that as members advance in years they are
granted additional vacation periods to ensure the
maintenance of good health physically and mentally
In relation to the request for the additional week if
vacation taken in the off-season the Association has pointed
out that Tilburys population seems to swell during the summer
months and thus tends to be a busier time for police ie
outdoor parties more people on the streets vacant homes
people on vacation break and enters etc As it is now
most officers choose a summer vacation this creates an
obvious shortage of manpower for the busier times
It is felt that if the officers had the requested
additional week as an incentive they may draw off-season
vacations thereby maintaining the needed strength for the
summer months Also the ability of the junior members to
lengthen their vacation may also be an incentive for offshy
season selection of vacations
In support of this contention the Association has
adduced the following survey
ADDITIONAL PAYMENT IF TOTAL VACATION PERIOD TAKEN OUTSIDE OF
PERIOD FROM JUNE 15th - SEPTEMBER 15
The following working agreements contain a provision for
the above noted vacation bonus
I
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-20shy
ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
I
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I
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I
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I
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I
I
I
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I
I
-21shy
Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
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I
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-22shy
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
I
I
I
I
I
I
-23shy I
I
VISION CARE
I
I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
I
The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
I
I
I
I
I
I
I
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I
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I
I
-24shy
BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
I
I
I
I
I L
-25shy
The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
t
I
1004
1005
1006
I
I
I
I
- ~-shy
-26shy
A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
I
I
I
I
I
1007
I
I
I
I
I
1008I
I I
I
I
LI
I
I
I
I
I
-27shy
(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
I I
-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
I
L
I
I
I
I
I
I
I
I
I
I
I
-20shy
ATIKOKAN TWP 2 additional days for each week taken betweenJanuary-April and October-December 15
BELLEVILLE $5000 per week to maximum of $10000
BRANTFORD $5000 extra
FORT FRANCES 5 extra days if all vacation taken duringJanuary February and March
NORTH BAY One extra week
PERTH One extra week
PRESCOTT $10000 if all vacation taken outside ofMay 1st to September 30
RENFREW One extra week
STRUGEON FALLS 5 extra days if all vacation taken betweenJanuary 1 to May 15
TRENTON $5000 per week to maximum of $10000
WATERLOOREGIONAL $30000
WINGHAM One extra day for each week
YORKREGIONAL One extra week (member with 5 years or
more service)
The Board has denied this request The Board has argued
that when the Associations proposal is examined relative to
vacation entitlements in the 18 comparable forces it will
be noted that
2 grant 6 after 25
2 grant 6 after 20
1 grants 6 after 25 but only in the yearin which the member achieves 25 years ofservice
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-21shy
Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-22shy
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
I
I
I
I
I
I
-23shy I
I
VISION CARE
I
I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
I
The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-24shy
BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
I
I
I
I
I L
-25shy
The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
t
I
1004
1005
1006
I
I
I
I
- ~-shy
-26shy
A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
I
I
I
I
I
1007
I
I
I
I
I
1008I
I I
I
I
LI
I
I
I
I
I
-27shy
(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
I I
-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
I
L
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-21shy
Further none of the forces gives a bonus to its employees
for taking vacations between the months of May and November
The survey results indicate that the Tilbury Force is consistent
with the vast majority of comparable forces in the area The
Board suggests that the Associations proposal be denied in
all respects
Having regard to the presentations of the parties I do
not find any merit whatsoever in the Associations request
for an additional weeks vacation if all vacation is taken
prior to May 30 andor after November However a request for
6 weeks vacation for senior officers deserves sympathetic
consideration Therefore I award and direct that Article 5
be amended to provide 6 weeks vacation after 25 years of
service
ISSUE NUMBER SIX
Medical Services Hospital Care andPrepaid Prescriptions - Article 8
Article 81 of the existing Collective Agreement provides
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the 1984Ontario Dental Association rates
The Association has requested that Article 81 be amended
to readI
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-22shy
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
I
I
I
I
I
I
-23shy I
I
VISION CARE
I
I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
I
The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-24shy
BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
I
I
I
I
I L
-25shy
The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
t
I
1004
1005
1006
I
I
I
I
- ~-shy
-26shy
A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
I
I
I
I
I
1007
I
I
I
I
I
1008I
I I
I
I
LI
I
I
I
I
I
-27shy
(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
I I
-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
I
L
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-22shy
The medical and hospital insurance premiumand the premium for the prepaid prescriptionPlan and the Dental Plan for each member ofthe Force shall be paid in full by the BoardThe Dental Plan shall be updated to the (mostrecent year) Ontario Dental Association ratesAlso the Board will provide and maintain anintermediate Vision Care Plan
DENTAL PLAN
The Association has argued that the fee schedule paid by
the Dental Plan coverage should be raised to the most recent
schedule At the present time the plan is paying on the 1984
schedule of the Ontario Dental Association rates However
some dentists are now requiring payment on the 1986 and even
1987 schedule levels This puts an added financial burden
on the members by having to payout of pocket
The Board has argued that the dentists in Tilbury now
provide the services for which negotiated in accordance with
the 1984 schedule not only to the members of the Association
but also to other town employees updating the ODA schedule
on a current basis only results in increased cost to the Board
without any increased benefits to the members In the face
of these circumstances the Board suggests that the 1984 ODA
schedule remain as it is until the next round of bargaining
at which time the matter can receive attention by the parties
in context with other monetary matters
I
I
I
I
I
I
-23shy I
I
VISION CARE
I
I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
I
The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-24shy
BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
I
I
I
I
I L
-25shy
The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
t
I
1004
1005
1006
I
I
I
I
- ~-shy
-26shy
A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
I
I
I
I
I
1007
I
I
I
I
I
1008I
I I
I
I
LI
I
I
I
I
I
-27shy
(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
I I
-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
I
L
I
-23shy I
I
VISION CARE
I
I The Association has justified its request for Vision Care
on the ground that they have no coverage for eyeglasses The
I Association has argued that the majority of the officers work
in the evening or night under poor light conditions resulting
in eye strain Thus it would be in the employers best I
interest to provide a suitable plan The Association suggests that it was not asking for an extensive plan but a basic
I type plan that would reimburse its members for at least a
portion of the cost of corrective lenses I
The Board has denied this request The Board has arguedI
I that the scope of the Vision Care Plan is unknown to the Board
I
The Board has suggested that dental plan and vision careI
proposals be left to the bargaining table in the interest ofI
all concerned
In view of the fact that the Board has indicated an honest
desire to resolve these matters by direct negotiations I
direct the parties to meet and settle both the issue of dental
plan and vision care by mutual negotiations I remain seized
I of the issue should they be unable to do so
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-24shy
BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
I
I
I
I
I L
-25shy
The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
t
I
1004
1005
1006
I
I
I
I
- ~-shy
-26shy
A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
I
I
I
I
I
1007
I
I
I
I
I
1008I
I I
I
I
LI
I
I
I
I
I
-27shy
(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
I I
-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
I
L
-24shy
BOARDS REQUEST
Legal Expenses - Article 10
Initially the Association has proposed certain changes to
the existing Legal Expenses provision in Article 10 of the
Collective Agreement However the Association at the outset
of the hearings withdrew its request to amend Article 10 shy
Legal Expenses
The Board at this point suggested that it wished to make
an amendment to Article 10 as the Boards proposal and requested
that this arbitrator should adjudicate on this matter
Article 10 in the existing Collective Agreement provides
as follows
The insurance coverage presently in effectproviding legal defence to protect an officerunder any civil action brought against him asa result of police duty shall be maintainedand all legal expenses incurred as a resultof a Police Officer of the said Force beingcharged while in the lawful execution of hisduties as a Police Officer be paid his legalexpenses if acquitted
The Board argued that since the Association has chosen
to open this matter of the wording of Article 10 - Legal
Expenses the Board also has a concern about its wording
I Since the same concern has appeared in other jurisdictions
and also since arbitral precedents have been established the
Board wishes to amend Article 10 relative to these precedents
I
I
I
I
I L
-25shy
The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
t
I
1004
1005
1006
I
I
I
I
- ~-shy
-26shy
A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
I
I
I
I
I
1007
I
I
I
I
I
1008I
I I
I
I
LI
I
I
I
I
I
-27shy
(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
I I
-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
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-25shy
The Boards proposal reads as follows
ARTICLE
1001
1002
1003
BOARD PROPOSAL
10 LEGAL EXPENSES
Subject to the other provisions ofthis Article the Commission shallpay the necessary and reasonablelegal costs incurred in the defenceof a charge against a member underThe criminal Code or any otherFederal Provincial or Municipalenactment except the Police Act andthe regulations thereunder for anyact done or omitted in the performanceor attempted performance in good faithof his duties as a Police Officerprovided such charge andor any othercharge arising out of the same factsis finally disposed of without afinding of guilt against the member
Notwithstanding Clause 1001 the Boardmay in its absolute discretion pay thenecessary and reasonable legal costsincurred in the defence of a chargeagainst a member as described in Clause1001 where the member pleads or isfound guilty where the Court insteadof convicting the member grants him anabsolute discharge provided the Boardaccepts the recommendation of the Chiefof Police that the actions of the memberwere motivated by an intent to do hislawful duty and the Board concludes thatsuch payment would not reduce the respectof the public for law enforcement in theTown of Tilbury
Notwithstanding Clause 1001 the Boardmay refuse to make a payment otherwiseauthorized under Clause 1001 where theactions of the member from which thecharge arose amounted when viewedobjectively to a gross dereliction ofduty or deliberate abuse of his powersas a Police Officer
t
I
1004
1005
1006
I
I
I
I
- ~-shy
-26shy
A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
I
I
I
I
I
1007
I
I
I
I
I
1008I
I I
I
I
LI
I
I
I
I
I
-27shy
(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
I I
-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
I
L
1004
1005
1006
I
I
I
I
- ~-shy
-26shy
A member wishing to retain a solicitorto defend a charge described in 1001and looking to the Board for payment ofthe necessary and reasonable legal coststo be incurred shall first submit to theBoard the name and address of the proposedsolicitor and request its approval bymotion beforeretaining such solicitorThe Board shall not be liable for anylegal costs unless such approval has firstbeen obtained
Where a member is a defendant in a civilaction for damages because of acts donein the attempted performance in goodfaith of his duties as a Police Officerhe shall be indemnified for the necessaryand reasonable legal costs incurred in thedefence of such an action in the followingcircumstances only
(A) Where the Chief of Police is not joinedin the action as a party pursuant toSection 24(1) of the Police Act andthe Chief of Eolice does not defendthe action on behalf of himself andthe member as a joint tortfeasers atthe Boards sole expense
(B) Where the Chief of Police is joinedas a party or elects to defend theaction but the solicitor retained onbehalf of the Chief of Police and themember is of the view that it would beimproper for him to act for both theChief of Police and the member in thataction
A member whose conduct is called intoquestion in the course of an inquiryunder the Coroners Act because of actsdone in the attempted performance in goodfaith of his duties as a Police Officershall be indemnified for the necessary andreasonable legal costs incurred in represhysenting his interest in any such inquestin the following circumstances only
I
I
I
I
I
1007
I
I
I
I
I
1008I
I I
I
I
LI
I
I
I
I
I
-27shy
(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
I I
-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
I
L
I
I
I
I
I
1007
I
I
I
I
I
1008I
I I
I
I
LI
I
I
I
I
I
-27shy
(A) Where the Chief of Police andorthe Board does not provide counselto represent the member at theinquest at the Boards expense or
(B) Where the counsel provided by theChief of Police or the Board torepresent either or both of themalong with the member is of theopinion that it would be improperfor him to act for both the Chiefof Police or the Board and themember in that action
For greater certainty members shall notbe indemnified for legal costs arisingfrom
(1) Grievances or complaints under theCollective Agreement between theBoard and the Association or underthe Police Act
(2) The actions or omissions of membersacting in their capacity as privatecitizens
(3) Discipline charges under the PoliceAct and regulations thereunder
For the purposes of this Article necessaryand reasonable legal costs shall cover onlylegal fees and incidental disbursementsincluded in the account of the solicitorapproved by the Board who acted in thedefence of the member rendered aftercompletion of such defence and shallbe subject initially to the approval ofthe Boards solicitor and in the case ofany dispute between the solicitor for themember and the Boards solicitor shall besubjeGt to assessment on a solicitor andclient basis by the Assessment Officer
LI
I I
-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
I
L
-28shy
1009 Where payment has been made on behalfof a member by the Board pursuant tothis Article the Board shall be forthe amount so paid subrog~ted to therights of the member to claim againstthe complainant and the member shallcooperate in and assist the Board inany claim or action it might make ortake in the name of such officer torecover the amount so paid
Having regards to the presentations of the parties and
keeping in mind that the Association has withdrawn its proposal
and that the parties did not have the opportunity to mutually
discuss the Boards counter proposal I am of the opinion
that the parties should try to resolve this matter by mutual
negotiations during the next period of bargaining Therefore
I deny this request
CONCLUSION
I believe that I have dealt with all the outstanding
issues placed before me Certain issues however have beenI
I
referred back to the parties to resolve by mutual agreementI
I
If I have through inadvertance failed to make a specificI
I
findingI
I
I
I
I
I
I
I
I
I
I
I
on any of the requests presented to me or should any
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
I
L
-29shy
dispute arise between the parties as to the implementation of
this award I retain the jurisdiction to make any such detershy
minations Either party may request me to reconvene these
proceedings by a written notice within sixty (60) days from
the date of this award
I wish to thank the representatives of the parties for
their able presentations for their courtesy and assistance
they have extended to me
Dated at Thunder Bay Ontario this 25th day of 1987
AUg)
I
I
L