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I PEI'ROLIA February 15, 1990

I OPAC AWARD I

IN THE MATTER OF AN INTEREST ARBITRATION BETWEEN:I

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THE BOARD OF COMMISSIONERS OF POLICEI FOR THE TOWN OF PETROLIA

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THE PETROLIA POLICE ASSOCIATIONI

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RE:

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BEFORE:I

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DATE:I

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PLACE:I

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APPEARANCES:

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FOR THE ASSOCIATION:I

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FOR THE EMPLOYER:

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(the "Association")

1990 CONTRACT BARGAINING - UNIFORM AND CIVILIAN AGREEMENT

R. D. JOYCE ARBITRATOR

FEBRUARY 5, 1990

PETROLIA, ONTARIO

R. HOUSTON SPOKESMAN (P.A.O.) OTHERS

T. ISBER CHAIRMAN OTHERS (

AWARD

I was appointed by the Solicitor General of ontario to hear and

determine all matters in dispute between the parties regarding

the 1990 collective agreement which covers both Uniform staff and

Civilian employees.

The Town of petrolia is located at the geographic centre of

Lambton County in South Western ontario. with a population of

over 4,500, the Town covers an area of 12.95 square kilometerswith 56.33 kilometers of streets.

Petrolia is within commuting distance of the city of Sarnia and

the "Chemical Valley," the area's main employer, which contains

Canada's major concentration of Petro Chemical industries. Over

35% of the town's residents are employed in that area.

At one time petrolia was a major oil-producing and refining area

but although there are still a number of active wells, the

refining has moved to the areas along the st. Clair River.

Petrolia has become a residential community for the Sarnia area

and also supports several local industries including Vulcan

Industrial Packaging, Ferro Industrial Products, Duststop

Filters, Globe Asphalt Products, and Southern Wood Products.

The Lambton County official plan designates the Town as a tourism

and light-manufacturing area. It serves the role as an important

service centre to the outlying areas surrounding it by supplying

retail service facilities as well as agriculture facilities, such

as grain and feed mills, farm machinery services and a rail line

to serve the farm areas surrounding the town.

Tourism is also, as noted, an important a~pect of the town's~

economy. The town's importance as an early oil-refining and

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exploration area is portrayed at the petrolia Discovery, which

contains active oil wells. The historic facade of the town

businesses and the many historic buildings make petrolia an

interesting place to visit.

The Petrolia Police Association represents the total complement

of Police Officers and Civilian support staff employed by the

. Board of Commissioners of Police for the Town of petrolia, save

and except the Chief of Police. The Force is comprised of the

following:

UNIFORM BRANCH

Chief of Police 1

Constables 5

Total 6

CIVILIAN SUPPORT STAFF

Secretary, Matron/Special Constable 1

Dispatcher 1

Part-Time Dispatcher 1

Total 3

Little bargaining to reach a settlement for 1990 took place

before the Association applied for arbitration. This is in

contrast to other years where it would appear that the parties

proceeded to arbitration only once since the inception of the

Association in 1962, that being in 1972. The bargaining for this

year's contract was restricted to meetings on October 25 and 30,

1989, at which time the Board advised the Association that

conciliation would prove fruitless, whereupon the Association

proceeded directly to arbitration. One could safely speculate

that the speedy process to arbitration resulted from the

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Association's perceived need of a rather sizeable catch-up salary

increase, a perception not shared by the Employer.

MATTERS IN DISPUTE

ARTICLE 7 - SALARIES - UNIFORM STAFF

ARTICLE 7 - SALARIES - CIVILIAN STAFF - GENERAL INCREASE ANDSPECIAL ADJUSTMENTS

ARTICLE 10.09(a) - TWO OFFICERS ON DUTY - NEW

ARTICLE 10.10 - CALL BACK - NEW

ARTICLE 11.06 - COURT TIME - NEW

MATTERS AGREED DURING THE HEARING

ARTICLE 10.09 - TWO OFFICERS ON DUTY - NEW

On Friday and Saturday between the hours of 7:00 p.m.and 3:00 a.m., there shall be two (2) sworn Officers onduty.

ARTICLE 10.01 - CALL BACK - NEW

If an employee is called back on a day which is duringhis annual vacation, that member shall receive two (2)days off in lieu of each day or part day at work, plusthe member shall be credited with a minim~m of three(3) hours overtime at overtime rates and one (1) hourof overtime at overtime rates for each subsequent hourin excess of three (3) hours.

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The above-noted provisions form a part of this award.

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MATTERS REMAINING OUTSTANDING

ARTICLE 11.06 - COURT TIME - NEW

PROPOSED PROVISION

When a member is required to attend Court in themorning after completing a midnight shift and issubsequently required to attend and work a shiftcommencing the same day, the member shall be entitledto a minimum of eight (8) hours off between thecompletion of Court and the beginning of said shift.Time shall be provided at no cost to the member andsaid shift shall end at the regularly prescribed time.

The Association explains that the Force is on 12-hour shifts.

When an Officer completes his duties on the midnight shift and is

required to attend Court, he may on occasion be required to

remain in Court all day. The Association requests that any such

Officer be allowed a minimum rest period of eight (8) hours

between Court and the commencement of the next shift to allow for

sufficient rest time. This is not a common occurrence but a

matter of Officer and pubic safety to ensure the Officer is well

rested prior to returning to duty.

The Employer is willing to agree with the proposal on a one-year

trial basis but only with a Letter of Understanding.

COMMENT AND AWARD

The Employer does not object to the proposal in principle and

this being the case, I believe that it should be included in the

collective agreement. The reason for this is that the provision

will be exercised so infrequently that a one-year trial period

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would not provide any answers for either party at the next

negotiations.

Because both parties are in agreement with the suggested wording,

it is not for me to provide revisions. However, the parties

would, in my view, be wise to add a provision that a penalty

paYment of time and one-half would be paid for any hours short of

,the eight (8) hour gap between shifts. This would provide analternative in the event staffing requirements dictate that the

employee was required to be on duty less than eight (8) hoursfrom the time of Court appearance.

If the parties are unable to agree on this suggestion, the

wording as proposed by the Association is to be included in the

collective agreement.

ARTICLE 7 - SALARIES - UNIFORM STAFF

The Association seeks a 1990 salary increase of 11% for all

employees, if necessary spread out in two or three adjustments

throughout the year.

The Employer agrees that all employees should receive the same

adjustment and proposes an increase of 4 1/2%.

The thrust behind the Association's position is that in recent

years the Force has gradually fallen behind the salaries granted

or awarded comparable Forces and this was exacerbated by the

acceptance of a 1989 salary increase of 4.75% when most other

Forces settled for or were awarded substantially more than that

figure.

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In support of its position, the Association~submits a number of

end-salary comparisons paid 1st Class Constables in the area, but

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I reject the notion that Petrolia salaries should be compared

with the Forces in much larger locations such as Windsor, Sarnia,

Chatham, and with the OPP.

Extrapolating figures provided by the Association so that a

comparison with Forces in the Tri-County area with less than 15

employees provides a more meaningful comparison and follows:

POLICE FORCES IN THE TRI-COUNTY AREA(LAMBTON, KENT AND ESSEX COUNTIES)

LESS THAN 15

FORCE SIZE 1989 SALARY

Amhers~burg 13 42,993

Anderdon Township 6 42,990

Colchester South 11 42,547

Dresden 4 35,086

Essex 7 42,500

Kingsville 8 41,895

Mersea Township 6 41,566

Point Edward 6 40,122

st. Clair Beach 4 41,895

Tilbury 8 39,850

AVERAGE SALARY 41,144

Petrolia 6 39,165

AMOUNT OF DOLLARS PETROLIA BELOW THE 1989 ANNUAL AVERAGE SALARY: $1.979.00

PERCENTAGE PETROLIA BELOW THE 1989 ANNUAL AVERAGE SALARY: 5. 0% (

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One of the reasonable comparisons provided by the Association

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POLICE FORCES IN THE TRI-COUNTY AREAI WITH 10 OR LESS POLICE OFFICERS

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1987 1988 1989FORCE SIZE SALARY SALARY SALARY

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Anderdon 6 38,840 40,943 42,990I

IDresden 4 31,976 33,415 35,086

I Essex 7 38,000 39,923 42,500

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Kingsville 8 37,600 39,900 41,895

Mersea Township 7 36,559 38,387 41,566

.Point Edward 6 35,783 37,594 40,122

st. Clair Beach 5 38,000 .39,923 41,895

Tilbury 8 35,804 37,600 39,850I

AVERAGE SALARIES 36,570 38,461 40,738 I

Petrolia 6 35,609 37,389 39,165I

DOLLARS BELOW 961 1,072 1,573I

PERCENTAGE BELOW 2.69 2.67 4.02I

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The Table above .takes into consideration all of the Forces withI

less than 10 Officers in the Tri-County. As is demonstrated byI providing the 1987 and 1988 salaries, Petralia lost substantialI ground in relation to the salaries of those Forces of similar

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A ten-year salary comparison with Point Edward (Force size 6)I

reveals that from 1979 to 1984, with the exception of 1981, the(I dollar spread between Point Edward and Petrplia did not exceed

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$26.00. From 1985 to 1989, inclusive, the dollar and percentage

spreads are as follows:

FORCE 1985 1986 1987 1988 1989

Point Edward 32,281 34,079 35,783 37,594 40,122

petrolia 32,027 33,900 35,609 37,389 39,165

DOLLARS BELOW 254 179 174 205 957

PERCENTAGES BELOW .79 .52 .48 .54 2.44

The Association submits that the Communities which follow have

been used by the Employer in past comparison years, and while the

Association disagrees that all of the locations are properly

included in a comparison with petrolia, notes its Force was 1.71%

below these comparison Forces in 1989, and of those settled for

1990, Petrolia would require an increase of 8.73% to be paid the

average:

19901989 1990 % END

FORCE SIZE SALARY SALARY INCREASE

Ande:r:don 6 42,990 N/S

Aylmer 9 39,858 41,851 5.00

Clinton 5 37,093 N/S

Essex 7 42,500 45,000 5.88

Exeter 6 37,200 39,500 6.18

Kingsville 8 41,895 43,989 5.00

st. Mary's 7 37,284 N/S

Tilbury 8 39,850 N/S

AVERAGE SALARIES 39,IP4 42,585 5.52

Petrolia 6 39,165 I

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DOLLARS BELOW 669

PERCENTAGE BELOW 1.71 8.73

The Employer submits one comparison for consideration, it being

the same as the last chart submitted by the Association except

'Essex is not included. This comparison includes Communities with

households numbering roughly 3,000 to 5,000, compared with

Petrolia's 4,168:

1989HOUSEHOLDS END-SALARY

Anderdon 5,000 42,990

Aylmer 5,457 39,858

Clinton 3,091 37,093

Exeter 3,767 37,200

Kingsville 5,332 41,895

st. Mary's 4,923 37,284

Tilbury 4,186 39,850

AVERAGE 39,453

petrolia 39,165

DOLLAR DIFFERENCE (288)PERCENTAGE DIFFERENCE (0.74)

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COMMENT AND AWARD

Clearly, the Petrolia Force has lost ground in recent years and,

in particular, in 1989. Some make-up is justified. The

questions are, how much and when, particularly given the fact

that this award is dealing only with a one-year collective

agreement. While I could have been persuaded to consider what

,has happened over the past several years had the Association

given an indication a longer agreement was acceptable to them, I

am only prepared to consider events of 1989 when considering what

catch-up is to be applied to a one-year collective agreement.

In 198'9,Petrolia settled for 4.75%. Excluding the larger

Forces, the average 1989 end-rate settlements in the various

comparisons put forward by the Association were 5.83%, 5.93%,

5.53%. The comparison put forward by the Employer reveals a 1989

end-rate average increase of 5.38%. While far from scientific,

the average of those comparisons is 5.67%. That average is 0.97%

higher than the 4.75% for which the parties settled in 1989.

Excluding the larger Forces around the province, known

settlements and awards for 1990 Uniform salaries average

approximately 5 3/4%, though the predominant figure is 5.0%.

Taking all factors into account, my award for Uniform staff is as

follows:

Effective from January 1, 1990, an increase of five andthree-quarters percent (5 3/4%)

Effective from July 1, 1990, a further increase of onepercent (1.0%) (compounded).

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In closing this section of the award, I agaJn underline the fact

that the Association cannot expect to achieve historical catch up

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in a one-year collective agreement. While I realize it takes two

parties to agree on more than a one-year collective agreement,

had the Association stipulated its desire for a longer term, it

is quite possible that added catch-up would be achieved though, I

hasten to add, not the amount sought by the Association.

. ARTICLE 7 - SALARIES - CIVILIAN STAFF - GENERAL INCREASE AND SPECIAL ADJUSTMENTS

The Association seeks a general increase equivalent to that

awarded members of the Uniform staff. In addition, special

classification adjustments are requested.

Presently, only three of the seven classifications are filled but

the Association seeks to have all classifications adjusted so

that a proper relationship will be maintained in the event the

positions are occupied in the future.

Current salaries in the Association's proposed revision follow:

CURRENT PROVISION

Administrative Secretary/Special Constable*. . . . . . 24,204.29

Secretary-Matron. . . . . . . . . . . . . . . . . . . 15,046.47

Clerk-Dispatcher (1st Class)*. . . . . . . . . . . . . 21,447.56

Clerk-Dispatcher (2nd Class) . . . . . . . 15,601. 81. . . . . .

Police Cadet (2nd Class) . . . . . . . . . . . . . . . 15,046.92

Police Cadet (1st Class) . . . . . . . . . . . . . . . 16,418.54

Part-time - per hr.*. . . . . . . . . 5.01Clerk-Dispatcher(

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PROPOSED PROVISION

AdministrativeSecretary/SpecialConstable*. . . . . . 27,000.00

Secretary-Matron. . . . . . . . . . . . . . . . . . . 18,000.00

Clerk-Dispatcher (1st Class)*. . . . . . . . . . . . . 24,500.00

Clerk-Dispatcher (2nd Class) . . . . . . . . . . . . . 18,500.00

Police Cadet (2nd Class) . . . . . . . . . . . . . . . 17,500.00

Police Cadet (1st Class) . . . . . . . . . . . . . . . 19,000.00

Part-time Clerk-Dispatcher - per hr.*. . . . . . . . .

*Presently staffed

The Employer takes the position that the Civilian staff members

should receive the same salary increase as members of the Uniform

staff, and that no special classification adjustments arewarranted.

with the exception of the part-time Clerk-Dispatcher, I decline

to grant special adjustments in this one-year contract award.

The primary reason for this is the magnitude of the general

increases granted Uniform staff which are to be passed on to the

Civilian staff. An increase of 5 3/4% in January, and a further

1.0% in July, produces a compounded end-rate adjustment of 6.81%.

That increase is considerably above the market for office staff

in both the private and public sectors and in my view is at the

least an adequate increase for the type of dispatching

responsibilities required by this Force.

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Turning to the part-time Dispatcher, the AS$ociation notes that

the position is filled mainly on weekends and evenings when there

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are prisoners in custody who must be monitored. While I do not

have sufficient information to properly evaluate the position, I

certainly have enough to tell me that a wage of $5.01 per hour

without benefits is totally inadequate for a position of this

responsibility, even though part-time; if on a full-time basis at

that rate, the incumbent would be paid $10,421 annually.

'My award for Civilian staff is as follows:

1. All positions other than the part-time Clerk-Dispatcher,including the classifications not currently filled, are tobe adjusted as follows:

Effective from January 1, 1990, an increase offive and three-quarter percent (5 3/4%).

Effective from July 1, 1990, a furtherincrease of one percent (1.0%) (compounded).

2. The hourly rate of the part-time Clerk-Dispatcher is to beadjusted as follows:

Effective from January 1, 1990, $5.75.

Effective from July 1, 1990, $6.50.

Effective from December 1, 1990, $7.00.

Except where otherwise specified, changes found in this award areto be effective from the date of the award.

DATED at Toronto, ontario, this~~;a(day of February, 1990.

R.~'­Arbitrator