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TRANSCRIPT
~36) HEARING DATEOF AWARD --NEWLlSKEARD JANUARY 19 1988
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IN THE MATTEROF AN INTERESTARBITRATIONPURSUANTTO THE POLICEACT RSO C 381 AS AMENDED
BETWEEN THE BOARDOF COMMISSIONERSOF POLICEFORTHE TOWNOF NEWLISKEARD (the IIBoardll)
AND THE NEWLISKEARDPOLICEASSOCIATION (the IIAssociationll)
ARBITRATOR JOHNR DEMPSTER
APPEARANCES
For the Board
John D Hoyles Counsel R Menard Chairman K Boal Secretary
For the Association Harold R Leopold Chairman D Thib Member M Adams Member
A hearing in this matter was held in New Liskeard on December 3 1987
AWARD
On October 30 1987 I was appointed arbitrator to hear and
determine all issues in dispute between the Board and the Association
concerning the terms of a collective agreement for the uniform ranks and
civilian employees A hearing was held in New Liskeard on December 3 1987
At the commencement of the proceedi ngs the parties agreed that the
arbitrator was properly appointed and had jurisdiction to hear and
determine all of the outstanding issues It is commonground that the term
of the agreement which is covered by this award shall be from January 1
1987 to and including December 31 1987
The Town of New Liskeard with a population of 5234 is situated in
the District of Temiskaming in Northern Ontario The community serves as a
shopping centre for residents within a 15 mile radius that has a population
of slightly under 20000 For purposes of collective bargaining the New
Liskeard Police Department has a compliment of six police officers and six
civilian employees The uniform ranks include one Sergeant and five First
Class Constables There are five dispatchers including a lead hand and one
secretary in the civil ian group The force is responsible for policing a
17 square mile area with 426 miles of roads
In October 1986 the Town Council requested a study from the
Ontario Provincial Police (OPP) concerning the cost of retaining their
present Pol ice Force as opposed to havi ng the town pol iced under a
contractual agreement with the OPP The study was comp1eted by the
OPP and remitted to the New Liskeard Police Commission on August 21
2
1987 The issue of OPP policing as opposed to the local police force is
still not resolved at this time
By letter dated November 19 1986 the Association notified the
Board of its desire to bargain with a view to amending the 1986 collective
agreement coveri ng both uniform and civil ian members Thereafter the
parties held eight meetings commencing on December 3 1986 and concluding
on August 25 1987 However they were unable to concl ude a negot i ated
settlement and the Association applied for arbitration There are four
issues in dispute including salaries
I turn now to those matters regarding which evidence and argument
was presented to the arbitrator Each issue shall be addressed by referring
to the numbered articles in the collective agreement between the parties for
the year 1986 filed as Exhibit 2
1 Article 6 - Sick leave Credit Gratuities Uniformed Officers and Clerical Staff
This article provides for 18 days sick leave entitlement per
year which is cumulative for the above noted members There are also
payout provisions for unused sick leave days The Board proposes to payout
some of the sick leave credits and freeze the balance Thereafter sick
leave entitlement would be reduced to five days annually and be non-
accumulative
The Association opposes this request They argue that sick leave
3
is an important benefit for the police officer because of the unique nature
of their responsibilities and risks involved in the performance of their
duties The Association suggests that the Board should have budgeted funds
each year and established a reserve for sick leave
Counsel for the Board suggests that sick leave payouts be based on
1986 salaries and proposes the following formula Members with more than
261 sick leave days in their bank would receive an equivalent of six months
salary The balance of their sick leave credits would be frozen and used
for illness but would not be cashable Members with 1ess that 261 si ck
leave credits would be paid a cash settlement based on the percentage of
days they have compared to 261 days times half a years salary The
following calculations were submitted to illustrate the Boards payout
proposal
Name Sick Leave Bank Cash Frozen Bank
J Brown 3795 days $1866239 1185 days E Zaleski 3915 days 1777350 1305 days J Gignac 3050 days 1777350 440 days D Jelly 2330 days 1586676 NIL H Leopold 17125 days 1166173 NIL D Thib 7875 days 536269 NIL C Brown 17475 days 695767 NIL
Mr Hoyles points out that article 604 only allows for a six month payment
and that is why the Board makes the proposal in this way
In return the Board would agree to make-up the difference between
full net income and the disability payment for up to three months after any
4
single bank had been used up Further the Board would also pay the long-
term disability premiums for uniform and clerical staff which are now paid
by the employees In addition they would continue to pay the premiums for
short-term disability for the uniform and clerical staff and the short and
long-term disability for civilian dispatchers Mr Hoyles submits that the
Boards proposal would freeze the cumulative sick leave banks for all
uniform and clerical members
Counsel for the Board points out that their potential liability
in respect of sick leave credits would exceed half a million dollars at the
end of 1992 He maintains that each year the liability accrued in respect
of sick leave credits becomes more impossible for a force of this size to
carry or even contemplate payi ng In support of the proposal Mr Hoyl es
points out that in 1979 other town employees changed from a cumulative sick
leave system to short-term and long-term disability plans In that
situation members maintained this cumulative sick leave bank and were
allowed to use it after the system changed
The arbitrator is sympathetic to the Boards position in respect
of sick leave liability I also acknowledge the statement made by counsel
that liThe Board cannot by 1aw set up any reserves On the other hand
the Association feels strongly about this particular benefit I have
carefully considered the evidence and argument advanced by both parties In
all of the particular circumstances concerning this matter I respectfully
submit that if either party wishes to significantly change costly benefits
such as sick leave then such change should be by agreement of the parties
5
themselves Accordingly I decline to award the request of the Board
2 Article 602 - Sick leave Gratuities Uniformed Officers and Clerical Staff
The current collective agreement provides for different sick
leave entitlement for members of the same bargaining unit Thi s art i c1e
provi des for 18 days si ck 1eave per year per member for uni formed members
and clerical staff only Civilian dispat~hers receive five days sick leave
per year which is non-cumulative The Association proposes that dispatchers
also be included in Article 602 in order to receive the same sick leave
benefits as uniform and clerical staff
Prior to joining the police force in 1984 the five dispatchers
mai nta i ned and operated fi re related equ i pment They di spatched for both
the police and fire departments and received the same benefits as other town
employees Dispatchers are in a unique position as they carry out a dual
function Their fire related duties include dispatching firefighters and
responding to calls with equipment They maintain fire equipment on a
regular basis Their police related duties include operating the police
radio and CPIC terminal They also deal with the public in respect of
parking tickets complaints and general information Moreover they
perform cell checks on prisoners and monitor burglar alarms
The Association argues that the existing income protection for
dispatchers is inadequate Mr Leopold notes that the current weekly
indemnity plan for dispatchers provides a maximumof 60 of the employees
6
sa 1ary for 26 weeks He also observed that there was a qualifying or
waiting period of seven days before an employee is entitled to receive
benefits from the plan A member with accumulated sick leave credits is
able to top up his earnings to 100 by using sick leave credits However
the Association maintains that a dispatcher with no sick leave credits would
have his income reduced by 40 while receiving weekly indemnity Moreover
they submit that income from this benefit is taxable Additionally Mr
Leopold points out that members must pay for their own benefits and pension
contributions while receiving a reduced income The Association feels that
all members should be adequately protected against wage loss during an
extended injury or illness
The Commission opposes the request Counsel for the Board argues
that when the dispatchers joined the Association in 1984 they brought with
them the benefit package they had with the municipality prior to that date
Mr Hoyles argues that the trend today is away from cumulative sick leave
banks to short and long-term disability plans He further argues that this
costly benefit can accrue an unmanageable liability for the Board
The arbitrator is sympathetic to the Associations proposal
concerning income protection I would also note that it is most unusual to
have different benefits for members of the same bargaining unit However
the proposal concerning sick leave is an expensive issue for the employer
Therefore if the parties wish to extend costly benefits then it is my
view that this should be accompl ished by consent of the parties at the
bargaining table For the reasons stated I decline to award the request of
7
the Association
3 Article 803 - Salaries
I turn now to consider the salary increase for the uniform ranks
Traditionally in police interest arbitrations the salary of a First Class
Constable is the focus for consideration and discussion The 1986 salary
for a First Class Constable in New Liskeard is $3554741 The
Association requests a 10 increase for all uniform and civilian members
On the other hand the Board of Police Commissioners has offered an increase
of 4
The Association made it clear that they were not seeking salary
parity with the OPP However they argue that a 10 salary increase is
necessary in order to maintain their traditional salary position with the
OPP In this regard the Association points out that the OPP have
agreed to a 563 salary increase for 1987 which establishes their salary
at $39178 Mr Leopold submits that the New Liskeard Police have compared
their salaries to those of the OPP since 1970
In support of their proposal the Association argues that in a
1970 arbitration their objective was to achieve salary parity with the
OPP At that time Judge Smith as arbitrator awarded salary parity with
the OPP The Association argues that parity was maintained from 1970 to
1973 inclusive Thereafter from 1974 to 1979 the parties negotiated
settlements In 1980 Dr Aggarwal the arbitrator rejected salary parity
with the OPP but did award a salary that was within $250 of the OPP
8
rate For the period 1981 to 1984 the parties negotiated their salary
increases
The Associ at i on argues that duri ng the peri od of 1976 to 1984
there was an average salary differential of $485 between the OPP and the
New liskeard Police They point out that in 1985 and 1986 the wage gap
increased to $1221 and $1552 respectively or double that of any previous
year It is the Associations position that their salaries appear to be
fa 11i ng further behi nd each year They argue that a 4 salary increase
would generate a 1987 salary of $3696930 which would increase the
differential to $220870 The Association submitted data which indicates
that 90 pol i ce settlements for 1987 ranged from 4 to 15 with an average
increase of 542
The Board submits that salary comparisons of similar sized
Municipal Police Forces serving communities of like circumstances is a more
rea 1i st i c bas is for compari son In thi s regard the Board submitted data
concerning three salary surveys The first survey includes a analysis of 21
Municipal Police Forces in communities with households between 1700 and
2400 It indicates that the average 1986 sal ary for a Fi rst Cl ass
Constable in the 21 forces was $33009 while the New liskeard salary was
$35547 Mr Hoyles maintains that in 1986 the New liskeard Police were
paid 769 higher than average in this group
A second salary comparison includes settlements in 1987 for 13
forces serving communities with households between 1700 and 2400 The
9
data indicates that the average 1987 police salary for those 13 communities
is $34975 The Board argues that their 4 increase would establish a
salary of $36968 which is 57 higher than the average for the group
The thi rd sal ary survey submitted by the Board includes four
northern forces that have settled for 1987 Those 1987 salaries range from
$35655 to $36801 Counsel for the Board argues that thei r proposal of
$36968 is higher than any of the salaries in this group Moreover the
Board maintains that a 4 salary increase is in line with the 4 transfer
payments made to municipalities
The Association is seeking a 10 increase that is significantly
above the average police settlement of 542 in 1987 On the other hand
the Boards proposal of 4 is less than the average police settlement and
less than settlements for Northern Ontario forces Mr Hoyles for the Board
has established that local settlements in the private and public sectors
range between 4 and 45 However because of the special nature of police
work and their responsibilities I feel that police salary increases should
be compared with those of other police
On the bas is of evi dence and argument before me and all of the
particular circumstances of this case I am satisfied that a 6 salary
increase is appropri ate and I so award The increase shall apply to all
ranks set out in article 803 of the collective agreement The increase is
within the range of negotiated settlements and consistent with increases in
other Northern Ontario Police Departments In fashioning this award I have
10
endeavoured to balance the legitimate interests of both parties
I turn now to consider the salary increases for the clerical
member and dispatchers The Association has proposed the same 10 salary
increase for both groups In past negotiations the parties have negotiated
the same percentage increase for all members of the Association The Board
of Commissioners has agreed that all members of the Association should
receive the same salary percentage increase For all of the above reasons
it is my award that all civilian staff salary classifications as set out in
Article 804 of the agreement shall be increased by 6 effective January
1 1987 The salary increase is fully retroactive Further all civilian
dispatcher classifications as set out in Article 805 in the agreement
shall be increased by 6 effective January 1 1987 The salary increase is
fully retroactive
4 Retiree Benefits - New Article
The Association proposes a new article whereby the Board would
continue to pay benefit premiums for retired members and their eligible
dependents They suggest that benefit premiums be paid until the member
reaches age 65 where benefits are not otherwise provided Specifically
the proposal concerns benefits set out in articles 1604 1607 and 1608
of the collective agreement which includes the Ontario Health Insurance Plan
(OHLP) a Medical Health Plan and the Dental Plan Mr Leopold points
out that since the inception of the Type III Supplementary Pension Benefit
it is possible for an officer to retire after age 50 and on completion of 30
11
years service The Associ ati on argues that most offi cers wi11 therefore
retire between the ages of 50 and 55 years The Association points out that
the rising costs of health care concerns everyone but obviously affect those
individuals on fixed incomes more seriously In support of their proposal
the Association notes that 38 of 123 forces provide some form of retiree
benefits
Counsel for the Board opposes the proposal and suggests that the
cost could be significant In support of their argument the Board points
out that less than 25 of the Municipal Police Forces in Ontario provide
OHIP coverage for retirees Mr Hoyles submits that as of November 20
1987 only 30 of 123 forces provide this retiree benefit It is the Boards
position that it is not realistic for a Police Department of this size to
provide such retiree benefits
The arbitrator is sympathetic regarding benefit coverage for
retirees However the data furnished by both parties clearly indicates
that retiree benefits are not paid for in the majority of forces in Ontario
Accordingly I decline to award the request of the Association
The provisions of the 1986 collective agreement are to be amended
and changed in accordance with the provisions as set out in this award At
the request of both parties I will remain seized of this matter in the
event of any dispute in respect of the interpretation or implementation of
thi saward
12
I wish to record my appreciation and gratitude to both
representatives for their assistance and courtesy in this matter
Dated at Mississauga this 19th day of January 1988
R Dempster
AWARD
On October 30 1987 I was appointed arbitrator to hear and
determine all issues in dispute between the Board and the Association
concerning the terms of a collective agreement for the uniform ranks and
civilian employees A hearing was held in New Liskeard on December 3 1987
At the commencement of the proceedi ngs the parties agreed that the
arbitrator was properly appointed and had jurisdiction to hear and
determine all of the outstanding issues It is commonground that the term
of the agreement which is covered by this award shall be from January 1
1987 to and including December 31 1987
The Town of New Liskeard with a population of 5234 is situated in
the District of Temiskaming in Northern Ontario The community serves as a
shopping centre for residents within a 15 mile radius that has a population
of slightly under 20000 For purposes of collective bargaining the New
Liskeard Police Department has a compliment of six police officers and six
civilian employees The uniform ranks include one Sergeant and five First
Class Constables There are five dispatchers including a lead hand and one
secretary in the civil ian group The force is responsible for policing a
17 square mile area with 426 miles of roads
In October 1986 the Town Council requested a study from the
Ontario Provincial Police (OPP) concerning the cost of retaining their
present Pol ice Force as opposed to havi ng the town pol iced under a
contractual agreement with the OPP The study was comp1eted by the
OPP and remitted to the New Liskeard Police Commission on August 21
2
1987 The issue of OPP policing as opposed to the local police force is
still not resolved at this time
By letter dated November 19 1986 the Association notified the
Board of its desire to bargain with a view to amending the 1986 collective
agreement coveri ng both uniform and civil ian members Thereafter the
parties held eight meetings commencing on December 3 1986 and concluding
on August 25 1987 However they were unable to concl ude a negot i ated
settlement and the Association applied for arbitration There are four
issues in dispute including salaries
I turn now to those matters regarding which evidence and argument
was presented to the arbitrator Each issue shall be addressed by referring
to the numbered articles in the collective agreement between the parties for
the year 1986 filed as Exhibit 2
1 Article 6 - Sick leave Credit Gratuities Uniformed Officers and Clerical Staff
This article provides for 18 days sick leave entitlement per
year which is cumulative for the above noted members There are also
payout provisions for unused sick leave days The Board proposes to payout
some of the sick leave credits and freeze the balance Thereafter sick
leave entitlement would be reduced to five days annually and be non-
accumulative
The Association opposes this request They argue that sick leave
3
is an important benefit for the police officer because of the unique nature
of their responsibilities and risks involved in the performance of their
duties The Association suggests that the Board should have budgeted funds
each year and established a reserve for sick leave
Counsel for the Board suggests that sick leave payouts be based on
1986 salaries and proposes the following formula Members with more than
261 sick leave days in their bank would receive an equivalent of six months
salary The balance of their sick leave credits would be frozen and used
for illness but would not be cashable Members with 1ess that 261 si ck
leave credits would be paid a cash settlement based on the percentage of
days they have compared to 261 days times half a years salary The
following calculations were submitted to illustrate the Boards payout
proposal
Name Sick Leave Bank Cash Frozen Bank
J Brown 3795 days $1866239 1185 days E Zaleski 3915 days 1777350 1305 days J Gignac 3050 days 1777350 440 days D Jelly 2330 days 1586676 NIL H Leopold 17125 days 1166173 NIL D Thib 7875 days 536269 NIL C Brown 17475 days 695767 NIL
Mr Hoyles points out that article 604 only allows for a six month payment
and that is why the Board makes the proposal in this way
In return the Board would agree to make-up the difference between
full net income and the disability payment for up to three months after any
4
single bank had been used up Further the Board would also pay the long-
term disability premiums for uniform and clerical staff which are now paid
by the employees In addition they would continue to pay the premiums for
short-term disability for the uniform and clerical staff and the short and
long-term disability for civilian dispatchers Mr Hoyles submits that the
Boards proposal would freeze the cumulative sick leave banks for all
uniform and clerical members
Counsel for the Board points out that their potential liability
in respect of sick leave credits would exceed half a million dollars at the
end of 1992 He maintains that each year the liability accrued in respect
of sick leave credits becomes more impossible for a force of this size to
carry or even contemplate payi ng In support of the proposal Mr Hoyl es
points out that in 1979 other town employees changed from a cumulative sick
leave system to short-term and long-term disability plans In that
situation members maintained this cumulative sick leave bank and were
allowed to use it after the system changed
The arbitrator is sympathetic to the Boards position in respect
of sick leave liability I also acknowledge the statement made by counsel
that liThe Board cannot by 1aw set up any reserves On the other hand
the Association feels strongly about this particular benefit I have
carefully considered the evidence and argument advanced by both parties In
all of the particular circumstances concerning this matter I respectfully
submit that if either party wishes to significantly change costly benefits
such as sick leave then such change should be by agreement of the parties
5
themselves Accordingly I decline to award the request of the Board
2 Article 602 - Sick leave Gratuities Uniformed Officers and Clerical Staff
The current collective agreement provides for different sick
leave entitlement for members of the same bargaining unit Thi s art i c1e
provi des for 18 days si ck 1eave per year per member for uni formed members
and clerical staff only Civilian dispat~hers receive five days sick leave
per year which is non-cumulative The Association proposes that dispatchers
also be included in Article 602 in order to receive the same sick leave
benefits as uniform and clerical staff
Prior to joining the police force in 1984 the five dispatchers
mai nta i ned and operated fi re related equ i pment They di spatched for both
the police and fire departments and received the same benefits as other town
employees Dispatchers are in a unique position as they carry out a dual
function Their fire related duties include dispatching firefighters and
responding to calls with equipment They maintain fire equipment on a
regular basis Their police related duties include operating the police
radio and CPIC terminal They also deal with the public in respect of
parking tickets complaints and general information Moreover they
perform cell checks on prisoners and monitor burglar alarms
The Association argues that the existing income protection for
dispatchers is inadequate Mr Leopold notes that the current weekly
indemnity plan for dispatchers provides a maximumof 60 of the employees
6
sa 1ary for 26 weeks He also observed that there was a qualifying or
waiting period of seven days before an employee is entitled to receive
benefits from the plan A member with accumulated sick leave credits is
able to top up his earnings to 100 by using sick leave credits However
the Association maintains that a dispatcher with no sick leave credits would
have his income reduced by 40 while receiving weekly indemnity Moreover
they submit that income from this benefit is taxable Additionally Mr
Leopold points out that members must pay for their own benefits and pension
contributions while receiving a reduced income The Association feels that
all members should be adequately protected against wage loss during an
extended injury or illness
The Commission opposes the request Counsel for the Board argues
that when the dispatchers joined the Association in 1984 they brought with
them the benefit package they had with the municipality prior to that date
Mr Hoyles argues that the trend today is away from cumulative sick leave
banks to short and long-term disability plans He further argues that this
costly benefit can accrue an unmanageable liability for the Board
The arbitrator is sympathetic to the Associations proposal
concerning income protection I would also note that it is most unusual to
have different benefits for members of the same bargaining unit However
the proposal concerning sick leave is an expensive issue for the employer
Therefore if the parties wish to extend costly benefits then it is my
view that this should be accompl ished by consent of the parties at the
bargaining table For the reasons stated I decline to award the request of
7
the Association
3 Article 803 - Salaries
I turn now to consider the salary increase for the uniform ranks
Traditionally in police interest arbitrations the salary of a First Class
Constable is the focus for consideration and discussion The 1986 salary
for a First Class Constable in New Liskeard is $3554741 The
Association requests a 10 increase for all uniform and civilian members
On the other hand the Board of Police Commissioners has offered an increase
of 4
The Association made it clear that they were not seeking salary
parity with the OPP However they argue that a 10 salary increase is
necessary in order to maintain their traditional salary position with the
OPP In this regard the Association points out that the OPP have
agreed to a 563 salary increase for 1987 which establishes their salary
at $39178 Mr Leopold submits that the New Liskeard Police have compared
their salaries to those of the OPP since 1970
In support of their proposal the Association argues that in a
1970 arbitration their objective was to achieve salary parity with the
OPP At that time Judge Smith as arbitrator awarded salary parity with
the OPP The Association argues that parity was maintained from 1970 to
1973 inclusive Thereafter from 1974 to 1979 the parties negotiated
settlements In 1980 Dr Aggarwal the arbitrator rejected salary parity
with the OPP but did award a salary that was within $250 of the OPP
8
rate For the period 1981 to 1984 the parties negotiated their salary
increases
The Associ at i on argues that duri ng the peri od of 1976 to 1984
there was an average salary differential of $485 between the OPP and the
New liskeard Police They point out that in 1985 and 1986 the wage gap
increased to $1221 and $1552 respectively or double that of any previous
year It is the Associations position that their salaries appear to be
fa 11i ng further behi nd each year They argue that a 4 salary increase
would generate a 1987 salary of $3696930 which would increase the
differential to $220870 The Association submitted data which indicates
that 90 pol i ce settlements for 1987 ranged from 4 to 15 with an average
increase of 542
The Board submits that salary comparisons of similar sized
Municipal Police Forces serving communities of like circumstances is a more
rea 1i st i c bas is for compari son In thi s regard the Board submitted data
concerning three salary surveys The first survey includes a analysis of 21
Municipal Police Forces in communities with households between 1700 and
2400 It indicates that the average 1986 sal ary for a Fi rst Cl ass
Constable in the 21 forces was $33009 while the New liskeard salary was
$35547 Mr Hoyles maintains that in 1986 the New liskeard Police were
paid 769 higher than average in this group
A second salary comparison includes settlements in 1987 for 13
forces serving communities with households between 1700 and 2400 The
9
data indicates that the average 1987 police salary for those 13 communities
is $34975 The Board argues that their 4 increase would establish a
salary of $36968 which is 57 higher than the average for the group
The thi rd sal ary survey submitted by the Board includes four
northern forces that have settled for 1987 Those 1987 salaries range from
$35655 to $36801 Counsel for the Board argues that thei r proposal of
$36968 is higher than any of the salaries in this group Moreover the
Board maintains that a 4 salary increase is in line with the 4 transfer
payments made to municipalities
The Association is seeking a 10 increase that is significantly
above the average police settlement of 542 in 1987 On the other hand
the Boards proposal of 4 is less than the average police settlement and
less than settlements for Northern Ontario forces Mr Hoyles for the Board
has established that local settlements in the private and public sectors
range between 4 and 45 However because of the special nature of police
work and their responsibilities I feel that police salary increases should
be compared with those of other police
On the bas is of evi dence and argument before me and all of the
particular circumstances of this case I am satisfied that a 6 salary
increase is appropri ate and I so award The increase shall apply to all
ranks set out in article 803 of the collective agreement The increase is
within the range of negotiated settlements and consistent with increases in
other Northern Ontario Police Departments In fashioning this award I have
10
endeavoured to balance the legitimate interests of both parties
I turn now to consider the salary increases for the clerical
member and dispatchers The Association has proposed the same 10 salary
increase for both groups In past negotiations the parties have negotiated
the same percentage increase for all members of the Association The Board
of Commissioners has agreed that all members of the Association should
receive the same salary percentage increase For all of the above reasons
it is my award that all civilian staff salary classifications as set out in
Article 804 of the agreement shall be increased by 6 effective January
1 1987 The salary increase is fully retroactive Further all civilian
dispatcher classifications as set out in Article 805 in the agreement
shall be increased by 6 effective January 1 1987 The salary increase is
fully retroactive
4 Retiree Benefits - New Article
The Association proposes a new article whereby the Board would
continue to pay benefit premiums for retired members and their eligible
dependents They suggest that benefit premiums be paid until the member
reaches age 65 where benefits are not otherwise provided Specifically
the proposal concerns benefits set out in articles 1604 1607 and 1608
of the collective agreement which includes the Ontario Health Insurance Plan
(OHLP) a Medical Health Plan and the Dental Plan Mr Leopold points
out that since the inception of the Type III Supplementary Pension Benefit
it is possible for an officer to retire after age 50 and on completion of 30
11
years service The Associ ati on argues that most offi cers wi11 therefore
retire between the ages of 50 and 55 years The Association points out that
the rising costs of health care concerns everyone but obviously affect those
individuals on fixed incomes more seriously In support of their proposal
the Association notes that 38 of 123 forces provide some form of retiree
benefits
Counsel for the Board opposes the proposal and suggests that the
cost could be significant In support of their argument the Board points
out that less than 25 of the Municipal Police Forces in Ontario provide
OHIP coverage for retirees Mr Hoyles submits that as of November 20
1987 only 30 of 123 forces provide this retiree benefit It is the Boards
position that it is not realistic for a Police Department of this size to
provide such retiree benefits
The arbitrator is sympathetic regarding benefit coverage for
retirees However the data furnished by both parties clearly indicates
that retiree benefits are not paid for in the majority of forces in Ontario
Accordingly I decline to award the request of the Association
The provisions of the 1986 collective agreement are to be amended
and changed in accordance with the provisions as set out in this award At
the request of both parties I will remain seized of this matter in the
event of any dispute in respect of the interpretation or implementation of
thi saward
12
I wish to record my appreciation and gratitude to both
representatives for their assistance and courtesy in this matter
Dated at Mississauga this 19th day of January 1988
R Dempster
2
1987 The issue of OPP policing as opposed to the local police force is
still not resolved at this time
By letter dated November 19 1986 the Association notified the
Board of its desire to bargain with a view to amending the 1986 collective
agreement coveri ng both uniform and civil ian members Thereafter the
parties held eight meetings commencing on December 3 1986 and concluding
on August 25 1987 However they were unable to concl ude a negot i ated
settlement and the Association applied for arbitration There are four
issues in dispute including salaries
I turn now to those matters regarding which evidence and argument
was presented to the arbitrator Each issue shall be addressed by referring
to the numbered articles in the collective agreement between the parties for
the year 1986 filed as Exhibit 2
1 Article 6 - Sick leave Credit Gratuities Uniformed Officers and Clerical Staff
This article provides for 18 days sick leave entitlement per
year which is cumulative for the above noted members There are also
payout provisions for unused sick leave days The Board proposes to payout
some of the sick leave credits and freeze the balance Thereafter sick
leave entitlement would be reduced to five days annually and be non-
accumulative
The Association opposes this request They argue that sick leave
3
is an important benefit for the police officer because of the unique nature
of their responsibilities and risks involved in the performance of their
duties The Association suggests that the Board should have budgeted funds
each year and established a reserve for sick leave
Counsel for the Board suggests that sick leave payouts be based on
1986 salaries and proposes the following formula Members with more than
261 sick leave days in their bank would receive an equivalent of six months
salary The balance of their sick leave credits would be frozen and used
for illness but would not be cashable Members with 1ess that 261 si ck
leave credits would be paid a cash settlement based on the percentage of
days they have compared to 261 days times half a years salary The
following calculations were submitted to illustrate the Boards payout
proposal
Name Sick Leave Bank Cash Frozen Bank
J Brown 3795 days $1866239 1185 days E Zaleski 3915 days 1777350 1305 days J Gignac 3050 days 1777350 440 days D Jelly 2330 days 1586676 NIL H Leopold 17125 days 1166173 NIL D Thib 7875 days 536269 NIL C Brown 17475 days 695767 NIL
Mr Hoyles points out that article 604 only allows for a six month payment
and that is why the Board makes the proposal in this way
In return the Board would agree to make-up the difference between
full net income and the disability payment for up to three months after any
4
single bank had been used up Further the Board would also pay the long-
term disability premiums for uniform and clerical staff which are now paid
by the employees In addition they would continue to pay the premiums for
short-term disability for the uniform and clerical staff and the short and
long-term disability for civilian dispatchers Mr Hoyles submits that the
Boards proposal would freeze the cumulative sick leave banks for all
uniform and clerical members
Counsel for the Board points out that their potential liability
in respect of sick leave credits would exceed half a million dollars at the
end of 1992 He maintains that each year the liability accrued in respect
of sick leave credits becomes more impossible for a force of this size to
carry or even contemplate payi ng In support of the proposal Mr Hoyl es
points out that in 1979 other town employees changed from a cumulative sick
leave system to short-term and long-term disability plans In that
situation members maintained this cumulative sick leave bank and were
allowed to use it after the system changed
The arbitrator is sympathetic to the Boards position in respect
of sick leave liability I also acknowledge the statement made by counsel
that liThe Board cannot by 1aw set up any reserves On the other hand
the Association feels strongly about this particular benefit I have
carefully considered the evidence and argument advanced by both parties In
all of the particular circumstances concerning this matter I respectfully
submit that if either party wishes to significantly change costly benefits
such as sick leave then such change should be by agreement of the parties
5
themselves Accordingly I decline to award the request of the Board
2 Article 602 - Sick leave Gratuities Uniformed Officers and Clerical Staff
The current collective agreement provides for different sick
leave entitlement for members of the same bargaining unit Thi s art i c1e
provi des for 18 days si ck 1eave per year per member for uni formed members
and clerical staff only Civilian dispat~hers receive five days sick leave
per year which is non-cumulative The Association proposes that dispatchers
also be included in Article 602 in order to receive the same sick leave
benefits as uniform and clerical staff
Prior to joining the police force in 1984 the five dispatchers
mai nta i ned and operated fi re related equ i pment They di spatched for both
the police and fire departments and received the same benefits as other town
employees Dispatchers are in a unique position as they carry out a dual
function Their fire related duties include dispatching firefighters and
responding to calls with equipment They maintain fire equipment on a
regular basis Their police related duties include operating the police
radio and CPIC terminal They also deal with the public in respect of
parking tickets complaints and general information Moreover they
perform cell checks on prisoners and monitor burglar alarms
The Association argues that the existing income protection for
dispatchers is inadequate Mr Leopold notes that the current weekly
indemnity plan for dispatchers provides a maximumof 60 of the employees
6
sa 1ary for 26 weeks He also observed that there was a qualifying or
waiting period of seven days before an employee is entitled to receive
benefits from the plan A member with accumulated sick leave credits is
able to top up his earnings to 100 by using sick leave credits However
the Association maintains that a dispatcher with no sick leave credits would
have his income reduced by 40 while receiving weekly indemnity Moreover
they submit that income from this benefit is taxable Additionally Mr
Leopold points out that members must pay for their own benefits and pension
contributions while receiving a reduced income The Association feels that
all members should be adequately protected against wage loss during an
extended injury or illness
The Commission opposes the request Counsel for the Board argues
that when the dispatchers joined the Association in 1984 they brought with
them the benefit package they had with the municipality prior to that date
Mr Hoyles argues that the trend today is away from cumulative sick leave
banks to short and long-term disability plans He further argues that this
costly benefit can accrue an unmanageable liability for the Board
The arbitrator is sympathetic to the Associations proposal
concerning income protection I would also note that it is most unusual to
have different benefits for members of the same bargaining unit However
the proposal concerning sick leave is an expensive issue for the employer
Therefore if the parties wish to extend costly benefits then it is my
view that this should be accompl ished by consent of the parties at the
bargaining table For the reasons stated I decline to award the request of
7
the Association
3 Article 803 - Salaries
I turn now to consider the salary increase for the uniform ranks
Traditionally in police interest arbitrations the salary of a First Class
Constable is the focus for consideration and discussion The 1986 salary
for a First Class Constable in New Liskeard is $3554741 The
Association requests a 10 increase for all uniform and civilian members
On the other hand the Board of Police Commissioners has offered an increase
of 4
The Association made it clear that they were not seeking salary
parity with the OPP However they argue that a 10 salary increase is
necessary in order to maintain their traditional salary position with the
OPP In this regard the Association points out that the OPP have
agreed to a 563 salary increase for 1987 which establishes their salary
at $39178 Mr Leopold submits that the New Liskeard Police have compared
their salaries to those of the OPP since 1970
In support of their proposal the Association argues that in a
1970 arbitration their objective was to achieve salary parity with the
OPP At that time Judge Smith as arbitrator awarded salary parity with
the OPP The Association argues that parity was maintained from 1970 to
1973 inclusive Thereafter from 1974 to 1979 the parties negotiated
settlements In 1980 Dr Aggarwal the arbitrator rejected salary parity
with the OPP but did award a salary that was within $250 of the OPP
8
rate For the period 1981 to 1984 the parties negotiated their salary
increases
The Associ at i on argues that duri ng the peri od of 1976 to 1984
there was an average salary differential of $485 between the OPP and the
New liskeard Police They point out that in 1985 and 1986 the wage gap
increased to $1221 and $1552 respectively or double that of any previous
year It is the Associations position that their salaries appear to be
fa 11i ng further behi nd each year They argue that a 4 salary increase
would generate a 1987 salary of $3696930 which would increase the
differential to $220870 The Association submitted data which indicates
that 90 pol i ce settlements for 1987 ranged from 4 to 15 with an average
increase of 542
The Board submits that salary comparisons of similar sized
Municipal Police Forces serving communities of like circumstances is a more
rea 1i st i c bas is for compari son In thi s regard the Board submitted data
concerning three salary surveys The first survey includes a analysis of 21
Municipal Police Forces in communities with households between 1700 and
2400 It indicates that the average 1986 sal ary for a Fi rst Cl ass
Constable in the 21 forces was $33009 while the New liskeard salary was
$35547 Mr Hoyles maintains that in 1986 the New liskeard Police were
paid 769 higher than average in this group
A second salary comparison includes settlements in 1987 for 13
forces serving communities with households between 1700 and 2400 The
9
data indicates that the average 1987 police salary for those 13 communities
is $34975 The Board argues that their 4 increase would establish a
salary of $36968 which is 57 higher than the average for the group
The thi rd sal ary survey submitted by the Board includes four
northern forces that have settled for 1987 Those 1987 salaries range from
$35655 to $36801 Counsel for the Board argues that thei r proposal of
$36968 is higher than any of the salaries in this group Moreover the
Board maintains that a 4 salary increase is in line with the 4 transfer
payments made to municipalities
The Association is seeking a 10 increase that is significantly
above the average police settlement of 542 in 1987 On the other hand
the Boards proposal of 4 is less than the average police settlement and
less than settlements for Northern Ontario forces Mr Hoyles for the Board
has established that local settlements in the private and public sectors
range between 4 and 45 However because of the special nature of police
work and their responsibilities I feel that police salary increases should
be compared with those of other police
On the bas is of evi dence and argument before me and all of the
particular circumstances of this case I am satisfied that a 6 salary
increase is appropri ate and I so award The increase shall apply to all
ranks set out in article 803 of the collective agreement The increase is
within the range of negotiated settlements and consistent with increases in
other Northern Ontario Police Departments In fashioning this award I have
10
endeavoured to balance the legitimate interests of both parties
I turn now to consider the salary increases for the clerical
member and dispatchers The Association has proposed the same 10 salary
increase for both groups In past negotiations the parties have negotiated
the same percentage increase for all members of the Association The Board
of Commissioners has agreed that all members of the Association should
receive the same salary percentage increase For all of the above reasons
it is my award that all civilian staff salary classifications as set out in
Article 804 of the agreement shall be increased by 6 effective January
1 1987 The salary increase is fully retroactive Further all civilian
dispatcher classifications as set out in Article 805 in the agreement
shall be increased by 6 effective January 1 1987 The salary increase is
fully retroactive
4 Retiree Benefits - New Article
The Association proposes a new article whereby the Board would
continue to pay benefit premiums for retired members and their eligible
dependents They suggest that benefit premiums be paid until the member
reaches age 65 where benefits are not otherwise provided Specifically
the proposal concerns benefits set out in articles 1604 1607 and 1608
of the collective agreement which includes the Ontario Health Insurance Plan
(OHLP) a Medical Health Plan and the Dental Plan Mr Leopold points
out that since the inception of the Type III Supplementary Pension Benefit
it is possible for an officer to retire after age 50 and on completion of 30
11
years service The Associ ati on argues that most offi cers wi11 therefore
retire between the ages of 50 and 55 years The Association points out that
the rising costs of health care concerns everyone but obviously affect those
individuals on fixed incomes more seriously In support of their proposal
the Association notes that 38 of 123 forces provide some form of retiree
benefits
Counsel for the Board opposes the proposal and suggests that the
cost could be significant In support of their argument the Board points
out that less than 25 of the Municipal Police Forces in Ontario provide
OHIP coverage for retirees Mr Hoyles submits that as of November 20
1987 only 30 of 123 forces provide this retiree benefit It is the Boards
position that it is not realistic for a Police Department of this size to
provide such retiree benefits
The arbitrator is sympathetic regarding benefit coverage for
retirees However the data furnished by both parties clearly indicates
that retiree benefits are not paid for in the majority of forces in Ontario
Accordingly I decline to award the request of the Association
The provisions of the 1986 collective agreement are to be amended
and changed in accordance with the provisions as set out in this award At
the request of both parties I will remain seized of this matter in the
event of any dispute in respect of the interpretation or implementation of
thi saward
12
I wish to record my appreciation and gratitude to both
representatives for their assistance and courtesy in this matter
Dated at Mississauga this 19th day of January 1988
R Dempster
3
is an important benefit for the police officer because of the unique nature
of their responsibilities and risks involved in the performance of their
duties The Association suggests that the Board should have budgeted funds
each year and established a reserve for sick leave
Counsel for the Board suggests that sick leave payouts be based on
1986 salaries and proposes the following formula Members with more than
261 sick leave days in their bank would receive an equivalent of six months
salary The balance of their sick leave credits would be frozen and used
for illness but would not be cashable Members with 1ess that 261 si ck
leave credits would be paid a cash settlement based on the percentage of
days they have compared to 261 days times half a years salary The
following calculations were submitted to illustrate the Boards payout
proposal
Name Sick Leave Bank Cash Frozen Bank
J Brown 3795 days $1866239 1185 days E Zaleski 3915 days 1777350 1305 days J Gignac 3050 days 1777350 440 days D Jelly 2330 days 1586676 NIL H Leopold 17125 days 1166173 NIL D Thib 7875 days 536269 NIL C Brown 17475 days 695767 NIL
Mr Hoyles points out that article 604 only allows for a six month payment
and that is why the Board makes the proposal in this way
In return the Board would agree to make-up the difference between
full net income and the disability payment for up to three months after any
4
single bank had been used up Further the Board would also pay the long-
term disability premiums for uniform and clerical staff which are now paid
by the employees In addition they would continue to pay the premiums for
short-term disability for the uniform and clerical staff and the short and
long-term disability for civilian dispatchers Mr Hoyles submits that the
Boards proposal would freeze the cumulative sick leave banks for all
uniform and clerical members
Counsel for the Board points out that their potential liability
in respect of sick leave credits would exceed half a million dollars at the
end of 1992 He maintains that each year the liability accrued in respect
of sick leave credits becomes more impossible for a force of this size to
carry or even contemplate payi ng In support of the proposal Mr Hoyl es
points out that in 1979 other town employees changed from a cumulative sick
leave system to short-term and long-term disability plans In that
situation members maintained this cumulative sick leave bank and were
allowed to use it after the system changed
The arbitrator is sympathetic to the Boards position in respect
of sick leave liability I also acknowledge the statement made by counsel
that liThe Board cannot by 1aw set up any reserves On the other hand
the Association feels strongly about this particular benefit I have
carefully considered the evidence and argument advanced by both parties In
all of the particular circumstances concerning this matter I respectfully
submit that if either party wishes to significantly change costly benefits
such as sick leave then such change should be by agreement of the parties
5
themselves Accordingly I decline to award the request of the Board
2 Article 602 - Sick leave Gratuities Uniformed Officers and Clerical Staff
The current collective agreement provides for different sick
leave entitlement for members of the same bargaining unit Thi s art i c1e
provi des for 18 days si ck 1eave per year per member for uni formed members
and clerical staff only Civilian dispat~hers receive five days sick leave
per year which is non-cumulative The Association proposes that dispatchers
also be included in Article 602 in order to receive the same sick leave
benefits as uniform and clerical staff
Prior to joining the police force in 1984 the five dispatchers
mai nta i ned and operated fi re related equ i pment They di spatched for both
the police and fire departments and received the same benefits as other town
employees Dispatchers are in a unique position as they carry out a dual
function Their fire related duties include dispatching firefighters and
responding to calls with equipment They maintain fire equipment on a
regular basis Their police related duties include operating the police
radio and CPIC terminal They also deal with the public in respect of
parking tickets complaints and general information Moreover they
perform cell checks on prisoners and monitor burglar alarms
The Association argues that the existing income protection for
dispatchers is inadequate Mr Leopold notes that the current weekly
indemnity plan for dispatchers provides a maximumof 60 of the employees
6
sa 1ary for 26 weeks He also observed that there was a qualifying or
waiting period of seven days before an employee is entitled to receive
benefits from the plan A member with accumulated sick leave credits is
able to top up his earnings to 100 by using sick leave credits However
the Association maintains that a dispatcher with no sick leave credits would
have his income reduced by 40 while receiving weekly indemnity Moreover
they submit that income from this benefit is taxable Additionally Mr
Leopold points out that members must pay for their own benefits and pension
contributions while receiving a reduced income The Association feels that
all members should be adequately protected against wage loss during an
extended injury or illness
The Commission opposes the request Counsel for the Board argues
that when the dispatchers joined the Association in 1984 they brought with
them the benefit package they had with the municipality prior to that date
Mr Hoyles argues that the trend today is away from cumulative sick leave
banks to short and long-term disability plans He further argues that this
costly benefit can accrue an unmanageable liability for the Board
The arbitrator is sympathetic to the Associations proposal
concerning income protection I would also note that it is most unusual to
have different benefits for members of the same bargaining unit However
the proposal concerning sick leave is an expensive issue for the employer
Therefore if the parties wish to extend costly benefits then it is my
view that this should be accompl ished by consent of the parties at the
bargaining table For the reasons stated I decline to award the request of
7
the Association
3 Article 803 - Salaries
I turn now to consider the salary increase for the uniform ranks
Traditionally in police interest arbitrations the salary of a First Class
Constable is the focus for consideration and discussion The 1986 salary
for a First Class Constable in New Liskeard is $3554741 The
Association requests a 10 increase for all uniform and civilian members
On the other hand the Board of Police Commissioners has offered an increase
of 4
The Association made it clear that they were not seeking salary
parity with the OPP However they argue that a 10 salary increase is
necessary in order to maintain their traditional salary position with the
OPP In this regard the Association points out that the OPP have
agreed to a 563 salary increase for 1987 which establishes their salary
at $39178 Mr Leopold submits that the New Liskeard Police have compared
their salaries to those of the OPP since 1970
In support of their proposal the Association argues that in a
1970 arbitration their objective was to achieve salary parity with the
OPP At that time Judge Smith as arbitrator awarded salary parity with
the OPP The Association argues that parity was maintained from 1970 to
1973 inclusive Thereafter from 1974 to 1979 the parties negotiated
settlements In 1980 Dr Aggarwal the arbitrator rejected salary parity
with the OPP but did award a salary that was within $250 of the OPP
8
rate For the period 1981 to 1984 the parties negotiated their salary
increases
The Associ at i on argues that duri ng the peri od of 1976 to 1984
there was an average salary differential of $485 between the OPP and the
New liskeard Police They point out that in 1985 and 1986 the wage gap
increased to $1221 and $1552 respectively or double that of any previous
year It is the Associations position that their salaries appear to be
fa 11i ng further behi nd each year They argue that a 4 salary increase
would generate a 1987 salary of $3696930 which would increase the
differential to $220870 The Association submitted data which indicates
that 90 pol i ce settlements for 1987 ranged from 4 to 15 with an average
increase of 542
The Board submits that salary comparisons of similar sized
Municipal Police Forces serving communities of like circumstances is a more
rea 1i st i c bas is for compari son In thi s regard the Board submitted data
concerning three salary surveys The first survey includes a analysis of 21
Municipal Police Forces in communities with households between 1700 and
2400 It indicates that the average 1986 sal ary for a Fi rst Cl ass
Constable in the 21 forces was $33009 while the New liskeard salary was
$35547 Mr Hoyles maintains that in 1986 the New liskeard Police were
paid 769 higher than average in this group
A second salary comparison includes settlements in 1987 for 13
forces serving communities with households between 1700 and 2400 The
9
data indicates that the average 1987 police salary for those 13 communities
is $34975 The Board argues that their 4 increase would establish a
salary of $36968 which is 57 higher than the average for the group
The thi rd sal ary survey submitted by the Board includes four
northern forces that have settled for 1987 Those 1987 salaries range from
$35655 to $36801 Counsel for the Board argues that thei r proposal of
$36968 is higher than any of the salaries in this group Moreover the
Board maintains that a 4 salary increase is in line with the 4 transfer
payments made to municipalities
The Association is seeking a 10 increase that is significantly
above the average police settlement of 542 in 1987 On the other hand
the Boards proposal of 4 is less than the average police settlement and
less than settlements for Northern Ontario forces Mr Hoyles for the Board
has established that local settlements in the private and public sectors
range between 4 and 45 However because of the special nature of police
work and their responsibilities I feel that police salary increases should
be compared with those of other police
On the bas is of evi dence and argument before me and all of the
particular circumstances of this case I am satisfied that a 6 salary
increase is appropri ate and I so award The increase shall apply to all
ranks set out in article 803 of the collective agreement The increase is
within the range of negotiated settlements and consistent with increases in
other Northern Ontario Police Departments In fashioning this award I have
10
endeavoured to balance the legitimate interests of both parties
I turn now to consider the salary increases for the clerical
member and dispatchers The Association has proposed the same 10 salary
increase for both groups In past negotiations the parties have negotiated
the same percentage increase for all members of the Association The Board
of Commissioners has agreed that all members of the Association should
receive the same salary percentage increase For all of the above reasons
it is my award that all civilian staff salary classifications as set out in
Article 804 of the agreement shall be increased by 6 effective January
1 1987 The salary increase is fully retroactive Further all civilian
dispatcher classifications as set out in Article 805 in the agreement
shall be increased by 6 effective January 1 1987 The salary increase is
fully retroactive
4 Retiree Benefits - New Article
The Association proposes a new article whereby the Board would
continue to pay benefit premiums for retired members and their eligible
dependents They suggest that benefit premiums be paid until the member
reaches age 65 where benefits are not otherwise provided Specifically
the proposal concerns benefits set out in articles 1604 1607 and 1608
of the collective agreement which includes the Ontario Health Insurance Plan
(OHLP) a Medical Health Plan and the Dental Plan Mr Leopold points
out that since the inception of the Type III Supplementary Pension Benefit
it is possible for an officer to retire after age 50 and on completion of 30
11
years service The Associ ati on argues that most offi cers wi11 therefore
retire between the ages of 50 and 55 years The Association points out that
the rising costs of health care concerns everyone but obviously affect those
individuals on fixed incomes more seriously In support of their proposal
the Association notes that 38 of 123 forces provide some form of retiree
benefits
Counsel for the Board opposes the proposal and suggests that the
cost could be significant In support of their argument the Board points
out that less than 25 of the Municipal Police Forces in Ontario provide
OHIP coverage for retirees Mr Hoyles submits that as of November 20
1987 only 30 of 123 forces provide this retiree benefit It is the Boards
position that it is not realistic for a Police Department of this size to
provide such retiree benefits
The arbitrator is sympathetic regarding benefit coverage for
retirees However the data furnished by both parties clearly indicates
that retiree benefits are not paid for in the majority of forces in Ontario
Accordingly I decline to award the request of the Association
The provisions of the 1986 collective agreement are to be amended
and changed in accordance with the provisions as set out in this award At
the request of both parties I will remain seized of this matter in the
event of any dispute in respect of the interpretation or implementation of
thi saward
12
I wish to record my appreciation and gratitude to both
representatives for their assistance and courtesy in this matter
Dated at Mississauga this 19th day of January 1988
R Dempster
4
single bank had been used up Further the Board would also pay the long-
term disability premiums for uniform and clerical staff which are now paid
by the employees In addition they would continue to pay the premiums for
short-term disability for the uniform and clerical staff and the short and
long-term disability for civilian dispatchers Mr Hoyles submits that the
Boards proposal would freeze the cumulative sick leave banks for all
uniform and clerical members
Counsel for the Board points out that their potential liability
in respect of sick leave credits would exceed half a million dollars at the
end of 1992 He maintains that each year the liability accrued in respect
of sick leave credits becomes more impossible for a force of this size to
carry or even contemplate payi ng In support of the proposal Mr Hoyl es
points out that in 1979 other town employees changed from a cumulative sick
leave system to short-term and long-term disability plans In that
situation members maintained this cumulative sick leave bank and were
allowed to use it after the system changed
The arbitrator is sympathetic to the Boards position in respect
of sick leave liability I also acknowledge the statement made by counsel
that liThe Board cannot by 1aw set up any reserves On the other hand
the Association feels strongly about this particular benefit I have
carefully considered the evidence and argument advanced by both parties In
all of the particular circumstances concerning this matter I respectfully
submit that if either party wishes to significantly change costly benefits
such as sick leave then such change should be by agreement of the parties
5
themselves Accordingly I decline to award the request of the Board
2 Article 602 - Sick leave Gratuities Uniformed Officers and Clerical Staff
The current collective agreement provides for different sick
leave entitlement for members of the same bargaining unit Thi s art i c1e
provi des for 18 days si ck 1eave per year per member for uni formed members
and clerical staff only Civilian dispat~hers receive five days sick leave
per year which is non-cumulative The Association proposes that dispatchers
also be included in Article 602 in order to receive the same sick leave
benefits as uniform and clerical staff
Prior to joining the police force in 1984 the five dispatchers
mai nta i ned and operated fi re related equ i pment They di spatched for both
the police and fire departments and received the same benefits as other town
employees Dispatchers are in a unique position as they carry out a dual
function Their fire related duties include dispatching firefighters and
responding to calls with equipment They maintain fire equipment on a
regular basis Their police related duties include operating the police
radio and CPIC terminal They also deal with the public in respect of
parking tickets complaints and general information Moreover they
perform cell checks on prisoners and monitor burglar alarms
The Association argues that the existing income protection for
dispatchers is inadequate Mr Leopold notes that the current weekly
indemnity plan for dispatchers provides a maximumof 60 of the employees
6
sa 1ary for 26 weeks He also observed that there was a qualifying or
waiting period of seven days before an employee is entitled to receive
benefits from the plan A member with accumulated sick leave credits is
able to top up his earnings to 100 by using sick leave credits However
the Association maintains that a dispatcher with no sick leave credits would
have his income reduced by 40 while receiving weekly indemnity Moreover
they submit that income from this benefit is taxable Additionally Mr
Leopold points out that members must pay for their own benefits and pension
contributions while receiving a reduced income The Association feels that
all members should be adequately protected against wage loss during an
extended injury or illness
The Commission opposes the request Counsel for the Board argues
that when the dispatchers joined the Association in 1984 they brought with
them the benefit package they had with the municipality prior to that date
Mr Hoyles argues that the trend today is away from cumulative sick leave
banks to short and long-term disability plans He further argues that this
costly benefit can accrue an unmanageable liability for the Board
The arbitrator is sympathetic to the Associations proposal
concerning income protection I would also note that it is most unusual to
have different benefits for members of the same bargaining unit However
the proposal concerning sick leave is an expensive issue for the employer
Therefore if the parties wish to extend costly benefits then it is my
view that this should be accompl ished by consent of the parties at the
bargaining table For the reasons stated I decline to award the request of
7
the Association
3 Article 803 - Salaries
I turn now to consider the salary increase for the uniform ranks
Traditionally in police interest arbitrations the salary of a First Class
Constable is the focus for consideration and discussion The 1986 salary
for a First Class Constable in New Liskeard is $3554741 The
Association requests a 10 increase for all uniform and civilian members
On the other hand the Board of Police Commissioners has offered an increase
of 4
The Association made it clear that they were not seeking salary
parity with the OPP However they argue that a 10 salary increase is
necessary in order to maintain their traditional salary position with the
OPP In this regard the Association points out that the OPP have
agreed to a 563 salary increase for 1987 which establishes their salary
at $39178 Mr Leopold submits that the New Liskeard Police have compared
their salaries to those of the OPP since 1970
In support of their proposal the Association argues that in a
1970 arbitration their objective was to achieve salary parity with the
OPP At that time Judge Smith as arbitrator awarded salary parity with
the OPP The Association argues that parity was maintained from 1970 to
1973 inclusive Thereafter from 1974 to 1979 the parties negotiated
settlements In 1980 Dr Aggarwal the arbitrator rejected salary parity
with the OPP but did award a salary that was within $250 of the OPP
8
rate For the period 1981 to 1984 the parties negotiated their salary
increases
The Associ at i on argues that duri ng the peri od of 1976 to 1984
there was an average salary differential of $485 between the OPP and the
New liskeard Police They point out that in 1985 and 1986 the wage gap
increased to $1221 and $1552 respectively or double that of any previous
year It is the Associations position that their salaries appear to be
fa 11i ng further behi nd each year They argue that a 4 salary increase
would generate a 1987 salary of $3696930 which would increase the
differential to $220870 The Association submitted data which indicates
that 90 pol i ce settlements for 1987 ranged from 4 to 15 with an average
increase of 542
The Board submits that salary comparisons of similar sized
Municipal Police Forces serving communities of like circumstances is a more
rea 1i st i c bas is for compari son In thi s regard the Board submitted data
concerning three salary surveys The first survey includes a analysis of 21
Municipal Police Forces in communities with households between 1700 and
2400 It indicates that the average 1986 sal ary for a Fi rst Cl ass
Constable in the 21 forces was $33009 while the New liskeard salary was
$35547 Mr Hoyles maintains that in 1986 the New liskeard Police were
paid 769 higher than average in this group
A second salary comparison includes settlements in 1987 for 13
forces serving communities with households between 1700 and 2400 The
9
data indicates that the average 1987 police salary for those 13 communities
is $34975 The Board argues that their 4 increase would establish a
salary of $36968 which is 57 higher than the average for the group
The thi rd sal ary survey submitted by the Board includes four
northern forces that have settled for 1987 Those 1987 salaries range from
$35655 to $36801 Counsel for the Board argues that thei r proposal of
$36968 is higher than any of the salaries in this group Moreover the
Board maintains that a 4 salary increase is in line with the 4 transfer
payments made to municipalities
The Association is seeking a 10 increase that is significantly
above the average police settlement of 542 in 1987 On the other hand
the Boards proposal of 4 is less than the average police settlement and
less than settlements for Northern Ontario forces Mr Hoyles for the Board
has established that local settlements in the private and public sectors
range between 4 and 45 However because of the special nature of police
work and their responsibilities I feel that police salary increases should
be compared with those of other police
On the bas is of evi dence and argument before me and all of the
particular circumstances of this case I am satisfied that a 6 salary
increase is appropri ate and I so award The increase shall apply to all
ranks set out in article 803 of the collective agreement The increase is
within the range of negotiated settlements and consistent with increases in
other Northern Ontario Police Departments In fashioning this award I have
10
endeavoured to balance the legitimate interests of both parties
I turn now to consider the salary increases for the clerical
member and dispatchers The Association has proposed the same 10 salary
increase for both groups In past negotiations the parties have negotiated
the same percentage increase for all members of the Association The Board
of Commissioners has agreed that all members of the Association should
receive the same salary percentage increase For all of the above reasons
it is my award that all civilian staff salary classifications as set out in
Article 804 of the agreement shall be increased by 6 effective January
1 1987 The salary increase is fully retroactive Further all civilian
dispatcher classifications as set out in Article 805 in the agreement
shall be increased by 6 effective January 1 1987 The salary increase is
fully retroactive
4 Retiree Benefits - New Article
The Association proposes a new article whereby the Board would
continue to pay benefit premiums for retired members and their eligible
dependents They suggest that benefit premiums be paid until the member
reaches age 65 where benefits are not otherwise provided Specifically
the proposal concerns benefits set out in articles 1604 1607 and 1608
of the collective agreement which includes the Ontario Health Insurance Plan
(OHLP) a Medical Health Plan and the Dental Plan Mr Leopold points
out that since the inception of the Type III Supplementary Pension Benefit
it is possible for an officer to retire after age 50 and on completion of 30
11
years service The Associ ati on argues that most offi cers wi11 therefore
retire between the ages of 50 and 55 years The Association points out that
the rising costs of health care concerns everyone but obviously affect those
individuals on fixed incomes more seriously In support of their proposal
the Association notes that 38 of 123 forces provide some form of retiree
benefits
Counsel for the Board opposes the proposal and suggests that the
cost could be significant In support of their argument the Board points
out that less than 25 of the Municipal Police Forces in Ontario provide
OHIP coverage for retirees Mr Hoyles submits that as of November 20
1987 only 30 of 123 forces provide this retiree benefit It is the Boards
position that it is not realistic for a Police Department of this size to
provide such retiree benefits
The arbitrator is sympathetic regarding benefit coverage for
retirees However the data furnished by both parties clearly indicates
that retiree benefits are not paid for in the majority of forces in Ontario
Accordingly I decline to award the request of the Association
The provisions of the 1986 collective agreement are to be amended
and changed in accordance with the provisions as set out in this award At
the request of both parties I will remain seized of this matter in the
event of any dispute in respect of the interpretation or implementation of
thi saward
12
I wish to record my appreciation and gratitude to both
representatives for their assistance and courtesy in this matter
Dated at Mississauga this 19th day of January 1988
R Dempster
5
themselves Accordingly I decline to award the request of the Board
2 Article 602 - Sick leave Gratuities Uniformed Officers and Clerical Staff
The current collective agreement provides for different sick
leave entitlement for members of the same bargaining unit Thi s art i c1e
provi des for 18 days si ck 1eave per year per member for uni formed members
and clerical staff only Civilian dispat~hers receive five days sick leave
per year which is non-cumulative The Association proposes that dispatchers
also be included in Article 602 in order to receive the same sick leave
benefits as uniform and clerical staff
Prior to joining the police force in 1984 the five dispatchers
mai nta i ned and operated fi re related equ i pment They di spatched for both
the police and fire departments and received the same benefits as other town
employees Dispatchers are in a unique position as they carry out a dual
function Their fire related duties include dispatching firefighters and
responding to calls with equipment They maintain fire equipment on a
regular basis Their police related duties include operating the police
radio and CPIC terminal They also deal with the public in respect of
parking tickets complaints and general information Moreover they
perform cell checks on prisoners and monitor burglar alarms
The Association argues that the existing income protection for
dispatchers is inadequate Mr Leopold notes that the current weekly
indemnity plan for dispatchers provides a maximumof 60 of the employees
6
sa 1ary for 26 weeks He also observed that there was a qualifying or
waiting period of seven days before an employee is entitled to receive
benefits from the plan A member with accumulated sick leave credits is
able to top up his earnings to 100 by using sick leave credits However
the Association maintains that a dispatcher with no sick leave credits would
have his income reduced by 40 while receiving weekly indemnity Moreover
they submit that income from this benefit is taxable Additionally Mr
Leopold points out that members must pay for their own benefits and pension
contributions while receiving a reduced income The Association feels that
all members should be adequately protected against wage loss during an
extended injury or illness
The Commission opposes the request Counsel for the Board argues
that when the dispatchers joined the Association in 1984 they brought with
them the benefit package they had with the municipality prior to that date
Mr Hoyles argues that the trend today is away from cumulative sick leave
banks to short and long-term disability plans He further argues that this
costly benefit can accrue an unmanageable liability for the Board
The arbitrator is sympathetic to the Associations proposal
concerning income protection I would also note that it is most unusual to
have different benefits for members of the same bargaining unit However
the proposal concerning sick leave is an expensive issue for the employer
Therefore if the parties wish to extend costly benefits then it is my
view that this should be accompl ished by consent of the parties at the
bargaining table For the reasons stated I decline to award the request of
7
the Association
3 Article 803 - Salaries
I turn now to consider the salary increase for the uniform ranks
Traditionally in police interest arbitrations the salary of a First Class
Constable is the focus for consideration and discussion The 1986 salary
for a First Class Constable in New Liskeard is $3554741 The
Association requests a 10 increase for all uniform and civilian members
On the other hand the Board of Police Commissioners has offered an increase
of 4
The Association made it clear that they were not seeking salary
parity with the OPP However they argue that a 10 salary increase is
necessary in order to maintain their traditional salary position with the
OPP In this regard the Association points out that the OPP have
agreed to a 563 salary increase for 1987 which establishes their salary
at $39178 Mr Leopold submits that the New Liskeard Police have compared
their salaries to those of the OPP since 1970
In support of their proposal the Association argues that in a
1970 arbitration their objective was to achieve salary parity with the
OPP At that time Judge Smith as arbitrator awarded salary parity with
the OPP The Association argues that parity was maintained from 1970 to
1973 inclusive Thereafter from 1974 to 1979 the parties negotiated
settlements In 1980 Dr Aggarwal the arbitrator rejected salary parity
with the OPP but did award a salary that was within $250 of the OPP
8
rate For the period 1981 to 1984 the parties negotiated their salary
increases
The Associ at i on argues that duri ng the peri od of 1976 to 1984
there was an average salary differential of $485 between the OPP and the
New liskeard Police They point out that in 1985 and 1986 the wage gap
increased to $1221 and $1552 respectively or double that of any previous
year It is the Associations position that their salaries appear to be
fa 11i ng further behi nd each year They argue that a 4 salary increase
would generate a 1987 salary of $3696930 which would increase the
differential to $220870 The Association submitted data which indicates
that 90 pol i ce settlements for 1987 ranged from 4 to 15 with an average
increase of 542
The Board submits that salary comparisons of similar sized
Municipal Police Forces serving communities of like circumstances is a more
rea 1i st i c bas is for compari son In thi s regard the Board submitted data
concerning three salary surveys The first survey includes a analysis of 21
Municipal Police Forces in communities with households between 1700 and
2400 It indicates that the average 1986 sal ary for a Fi rst Cl ass
Constable in the 21 forces was $33009 while the New liskeard salary was
$35547 Mr Hoyles maintains that in 1986 the New liskeard Police were
paid 769 higher than average in this group
A second salary comparison includes settlements in 1987 for 13
forces serving communities with households between 1700 and 2400 The
9
data indicates that the average 1987 police salary for those 13 communities
is $34975 The Board argues that their 4 increase would establish a
salary of $36968 which is 57 higher than the average for the group
The thi rd sal ary survey submitted by the Board includes four
northern forces that have settled for 1987 Those 1987 salaries range from
$35655 to $36801 Counsel for the Board argues that thei r proposal of
$36968 is higher than any of the salaries in this group Moreover the
Board maintains that a 4 salary increase is in line with the 4 transfer
payments made to municipalities
The Association is seeking a 10 increase that is significantly
above the average police settlement of 542 in 1987 On the other hand
the Boards proposal of 4 is less than the average police settlement and
less than settlements for Northern Ontario forces Mr Hoyles for the Board
has established that local settlements in the private and public sectors
range between 4 and 45 However because of the special nature of police
work and their responsibilities I feel that police salary increases should
be compared with those of other police
On the bas is of evi dence and argument before me and all of the
particular circumstances of this case I am satisfied that a 6 salary
increase is appropri ate and I so award The increase shall apply to all
ranks set out in article 803 of the collective agreement The increase is
within the range of negotiated settlements and consistent with increases in
other Northern Ontario Police Departments In fashioning this award I have
10
endeavoured to balance the legitimate interests of both parties
I turn now to consider the salary increases for the clerical
member and dispatchers The Association has proposed the same 10 salary
increase for both groups In past negotiations the parties have negotiated
the same percentage increase for all members of the Association The Board
of Commissioners has agreed that all members of the Association should
receive the same salary percentage increase For all of the above reasons
it is my award that all civilian staff salary classifications as set out in
Article 804 of the agreement shall be increased by 6 effective January
1 1987 The salary increase is fully retroactive Further all civilian
dispatcher classifications as set out in Article 805 in the agreement
shall be increased by 6 effective January 1 1987 The salary increase is
fully retroactive
4 Retiree Benefits - New Article
The Association proposes a new article whereby the Board would
continue to pay benefit premiums for retired members and their eligible
dependents They suggest that benefit premiums be paid until the member
reaches age 65 where benefits are not otherwise provided Specifically
the proposal concerns benefits set out in articles 1604 1607 and 1608
of the collective agreement which includes the Ontario Health Insurance Plan
(OHLP) a Medical Health Plan and the Dental Plan Mr Leopold points
out that since the inception of the Type III Supplementary Pension Benefit
it is possible for an officer to retire after age 50 and on completion of 30
11
years service The Associ ati on argues that most offi cers wi11 therefore
retire between the ages of 50 and 55 years The Association points out that
the rising costs of health care concerns everyone but obviously affect those
individuals on fixed incomes more seriously In support of their proposal
the Association notes that 38 of 123 forces provide some form of retiree
benefits
Counsel for the Board opposes the proposal and suggests that the
cost could be significant In support of their argument the Board points
out that less than 25 of the Municipal Police Forces in Ontario provide
OHIP coverage for retirees Mr Hoyles submits that as of November 20
1987 only 30 of 123 forces provide this retiree benefit It is the Boards
position that it is not realistic for a Police Department of this size to
provide such retiree benefits
The arbitrator is sympathetic regarding benefit coverage for
retirees However the data furnished by both parties clearly indicates
that retiree benefits are not paid for in the majority of forces in Ontario
Accordingly I decline to award the request of the Association
The provisions of the 1986 collective agreement are to be amended
and changed in accordance with the provisions as set out in this award At
the request of both parties I will remain seized of this matter in the
event of any dispute in respect of the interpretation or implementation of
thi saward
12
I wish to record my appreciation and gratitude to both
representatives for their assistance and courtesy in this matter
Dated at Mississauga this 19th day of January 1988
R Dempster
6
sa 1ary for 26 weeks He also observed that there was a qualifying or
waiting period of seven days before an employee is entitled to receive
benefits from the plan A member with accumulated sick leave credits is
able to top up his earnings to 100 by using sick leave credits However
the Association maintains that a dispatcher with no sick leave credits would
have his income reduced by 40 while receiving weekly indemnity Moreover
they submit that income from this benefit is taxable Additionally Mr
Leopold points out that members must pay for their own benefits and pension
contributions while receiving a reduced income The Association feels that
all members should be adequately protected against wage loss during an
extended injury or illness
The Commission opposes the request Counsel for the Board argues
that when the dispatchers joined the Association in 1984 they brought with
them the benefit package they had with the municipality prior to that date
Mr Hoyles argues that the trend today is away from cumulative sick leave
banks to short and long-term disability plans He further argues that this
costly benefit can accrue an unmanageable liability for the Board
The arbitrator is sympathetic to the Associations proposal
concerning income protection I would also note that it is most unusual to
have different benefits for members of the same bargaining unit However
the proposal concerning sick leave is an expensive issue for the employer
Therefore if the parties wish to extend costly benefits then it is my
view that this should be accompl ished by consent of the parties at the
bargaining table For the reasons stated I decline to award the request of
7
the Association
3 Article 803 - Salaries
I turn now to consider the salary increase for the uniform ranks
Traditionally in police interest arbitrations the salary of a First Class
Constable is the focus for consideration and discussion The 1986 salary
for a First Class Constable in New Liskeard is $3554741 The
Association requests a 10 increase for all uniform and civilian members
On the other hand the Board of Police Commissioners has offered an increase
of 4
The Association made it clear that they were not seeking salary
parity with the OPP However they argue that a 10 salary increase is
necessary in order to maintain their traditional salary position with the
OPP In this regard the Association points out that the OPP have
agreed to a 563 salary increase for 1987 which establishes their salary
at $39178 Mr Leopold submits that the New Liskeard Police have compared
their salaries to those of the OPP since 1970
In support of their proposal the Association argues that in a
1970 arbitration their objective was to achieve salary parity with the
OPP At that time Judge Smith as arbitrator awarded salary parity with
the OPP The Association argues that parity was maintained from 1970 to
1973 inclusive Thereafter from 1974 to 1979 the parties negotiated
settlements In 1980 Dr Aggarwal the arbitrator rejected salary parity
with the OPP but did award a salary that was within $250 of the OPP
8
rate For the period 1981 to 1984 the parties negotiated their salary
increases
The Associ at i on argues that duri ng the peri od of 1976 to 1984
there was an average salary differential of $485 between the OPP and the
New liskeard Police They point out that in 1985 and 1986 the wage gap
increased to $1221 and $1552 respectively or double that of any previous
year It is the Associations position that their salaries appear to be
fa 11i ng further behi nd each year They argue that a 4 salary increase
would generate a 1987 salary of $3696930 which would increase the
differential to $220870 The Association submitted data which indicates
that 90 pol i ce settlements for 1987 ranged from 4 to 15 with an average
increase of 542
The Board submits that salary comparisons of similar sized
Municipal Police Forces serving communities of like circumstances is a more
rea 1i st i c bas is for compari son In thi s regard the Board submitted data
concerning three salary surveys The first survey includes a analysis of 21
Municipal Police Forces in communities with households between 1700 and
2400 It indicates that the average 1986 sal ary for a Fi rst Cl ass
Constable in the 21 forces was $33009 while the New liskeard salary was
$35547 Mr Hoyles maintains that in 1986 the New liskeard Police were
paid 769 higher than average in this group
A second salary comparison includes settlements in 1987 for 13
forces serving communities with households between 1700 and 2400 The
9
data indicates that the average 1987 police salary for those 13 communities
is $34975 The Board argues that their 4 increase would establish a
salary of $36968 which is 57 higher than the average for the group
The thi rd sal ary survey submitted by the Board includes four
northern forces that have settled for 1987 Those 1987 salaries range from
$35655 to $36801 Counsel for the Board argues that thei r proposal of
$36968 is higher than any of the salaries in this group Moreover the
Board maintains that a 4 salary increase is in line with the 4 transfer
payments made to municipalities
The Association is seeking a 10 increase that is significantly
above the average police settlement of 542 in 1987 On the other hand
the Boards proposal of 4 is less than the average police settlement and
less than settlements for Northern Ontario forces Mr Hoyles for the Board
has established that local settlements in the private and public sectors
range between 4 and 45 However because of the special nature of police
work and their responsibilities I feel that police salary increases should
be compared with those of other police
On the bas is of evi dence and argument before me and all of the
particular circumstances of this case I am satisfied that a 6 salary
increase is appropri ate and I so award The increase shall apply to all
ranks set out in article 803 of the collective agreement The increase is
within the range of negotiated settlements and consistent with increases in
other Northern Ontario Police Departments In fashioning this award I have
10
endeavoured to balance the legitimate interests of both parties
I turn now to consider the salary increases for the clerical
member and dispatchers The Association has proposed the same 10 salary
increase for both groups In past negotiations the parties have negotiated
the same percentage increase for all members of the Association The Board
of Commissioners has agreed that all members of the Association should
receive the same salary percentage increase For all of the above reasons
it is my award that all civilian staff salary classifications as set out in
Article 804 of the agreement shall be increased by 6 effective January
1 1987 The salary increase is fully retroactive Further all civilian
dispatcher classifications as set out in Article 805 in the agreement
shall be increased by 6 effective January 1 1987 The salary increase is
fully retroactive
4 Retiree Benefits - New Article
The Association proposes a new article whereby the Board would
continue to pay benefit premiums for retired members and their eligible
dependents They suggest that benefit premiums be paid until the member
reaches age 65 where benefits are not otherwise provided Specifically
the proposal concerns benefits set out in articles 1604 1607 and 1608
of the collective agreement which includes the Ontario Health Insurance Plan
(OHLP) a Medical Health Plan and the Dental Plan Mr Leopold points
out that since the inception of the Type III Supplementary Pension Benefit
it is possible for an officer to retire after age 50 and on completion of 30
11
years service The Associ ati on argues that most offi cers wi11 therefore
retire between the ages of 50 and 55 years The Association points out that
the rising costs of health care concerns everyone but obviously affect those
individuals on fixed incomes more seriously In support of their proposal
the Association notes that 38 of 123 forces provide some form of retiree
benefits
Counsel for the Board opposes the proposal and suggests that the
cost could be significant In support of their argument the Board points
out that less than 25 of the Municipal Police Forces in Ontario provide
OHIP coverage for retirees Mr Hoyles submits that as of November 20
1987 only 30 of 123 forces provide this retiree benefit It is the Boards
position that it is not realistic for a Police Department of this size to
provide such retiree benefits
The arbitrator is sympathetic regarding benefit coverage for
retirees However the data furnished by both parties clearly indicates
that retiree benefits are not paid for in the majority of forces in Ontario
Accordingly I decline to award the request of the Association
The provisions of the 1986 collective agreement are to be amended
and changed in accordance with the provisions as set out in this award At
the request of both parties I will remain seized of this matter in the
event of any dispute in respect of the interpretation or implementation of
thi saward
12
I wish to record my appreciation and gratitude to both
representatives for their assistance and courtesy in this matter
Dated at Mississauga this 19th day of January 1988
R Dempster
7
the Association
3 Article 803 - Salaries
I turn now to consider the salary increase for the uniform ranks
Traditionally in police interest arbitrations the salary of a First Class
Constable is the focus for consideration and discussion The 1986 salary
for a First Class Constable in New Liskeard is $3554741 The
Association requests a 10 increase for all uniform and civilian members
On the other hand the Board of Police Commissioners has offered an increase
of 4
The Association made it clear that they were not seeking salary
parity with the OPP However they argue that a 10 salary increase is
necessary in order to maintain their traditional salary position with the
OPP In this regard the Association points out that the OPP have
agreed to a 563 salary increase for 1987 which establishes their salary
at $39178 Mr Leopold submits that the New Liskeard Police have compared
their salaries to those of the OPP since 1970
In support of their proposal the Association argues that in a
1970 arbitration their objective was to achieve salary parity with the
OPP At that time Judge Smith as arbitrator awarded salary parity with
the OPP The Association argues that parity was maintained from 1970 to
1973 inclusive Thereafter from 1974 to 1979 the parties negotiated
settlements In 1980 Dr Aggarwal the arbitrator rejected salary parity
with the OPP but did award a salary that was within $250 of the OPP
8
rate For the period 1981 to 1984 the parties negotiated their salary
increases
The Associ at i on argues that duri ng the peri od of 1976 to 1984
there was an average salary differential of $485 between the OPP and the
New liskeard Police They point out that in 1985 and 1986 the wage gap
increased to $1221 and $1552 respectively or double that of any previous
year It is the Associations position that their salaries appear to be
fa 11i ng further behi nd each year They argue that a 4 salary increase
would generate a 1987 salary of $3696930 which would increase the
differential to $220870 The Association submitted data which indicates
that 90 pol i ce settlements for 1987 ranged from 4 to 15 with an average
increase of 542
The Board submits that salary comparisons of similar sized
Municipal Police Forces serving communities of like circumstances is a more
rea 1i st i c bas is for compari son In thi s regard the Board submitted data
concerning three salary surveys The first survey includes a analysis of 21
Municipal Police Forces in communities with households between 1700 and
2400 It indicates that the average 1986 sal ary for a Fi rst Cl ass
Constable in the 21 forces was $33009 while the New liskeard salary was
$35547 Mr Hoyles maintains that in 1986 the New liskeard Police were
paid 769 higher than average in this group
A second salary comparison includes settlements in 1987 for 13
forces serving communities with households between 1700 and 2400 The
9
data indicates that the average 1987 police salary for those 13 communities
is $34975 The Board argues that their 4 increase would establish a
salary of $36968 which is 57 higher than the average for the group
The thi rd sal ary survey submitted by the Board includes four
northern forces that have settled for 1987 Those 1987 salaries range from
$35655 to $36801 Counsel for the Board argues that thei r proposal of
$36968 is higher than any of the salaries in this group Moreover the
Board maintains that a 4 salary increase is in line with the 4 transfer
payments made to municipalities
The Association is seeking a 10 increase that is significantly
above the average police settlement of 542 in 1987 On the other hand
the Boards proposal of 4 is less than the average police settlement and
less than settlements for Northern Ontario forces Mr Hoyles for the Board
has established that local settlements in the private and public sectors
range between 4 and 45 However because of the special nature of police
work and their responsibilities I feel that police salary increases should
be compared with those of other police
On the bas is of evi dence and argument before me and all of the
particular circumstances of this case I am satisfied that a 6 salary
increase is appropri ate and I so award The increase shall apply to all
ranks set out in article 803 of the collective agreement The increase is
within the range of negotiated settlements and consistent with increases in
other Northern Ontario Police Departments In fashioning this award I have
10
endeavoured to balance the legitimate interests of both parties
I turn now to consider the salary increases for the clerical
member and dispatchers The Association has proposed the same 10 salary
increase for both groups In past negotiations the parties have negotiated
the same percentage increase for all members of the Association The Board
of Commissioners has agreed that all members of the Association should
receive the same salary percentage increase For all of the above reasons
it is my award that all civilian staff salary classifications as set out in
Article 804 of the agreement shall be increased by 6 effective January
1 1987 The salary increase is fully retroactive Further all civilian
dispatcher classifications as set out in Article 805 in the agreement
shall be increased by 6 effective January 1 1987 The salary increase is
fully retroactive
4 Retiree Benefits - New Article
The Association proposes a new article whereby the Board would
continue to pay benefit premiums for retired members and their eligible
dependents They suggest that benefit premiums be paid until the member
reaches age 65 where benefits are not otherwise provided Specifically
the proposal concerns benefits set out in articles 1604 1607 and 1608
of the collective agreement which includes the Ontario Health Insurance Plan
(OHLP) a Medical Health Plan and the Dental Plan Mr Leopold points
out that since the inception of the Type III Supplementary Pension Benefit
it is possible for an officer to retire after age 50 and on completion of 30
11
years service The Associ ati on argues that most offi cers wi11 therefore
retire between the ages of 50 and 55 years The Association points out that
the rising costs of health care concerns everyone but obviously affect those
individuals on fixed incomes more seriously In support of their proposal
the Association notes that 38 of 123 forces provide some form of retiree
benefits
Counsel for the Board opposes the proposal and suggests that the
cost could be significant In support of their argument the Board points
out that less than 25 of the Municipal Police Forces in Ontario provide
OHIP coverage for retirees Mr Hoyles submits that as of November 20
1987 only 30 of 123 forces provide this retiree benefit It is the Boards
position that it is not realistic for a Police Department of this size to
provide such retiree benefits
The arbitrator is sympathetic regarding benefit coverage for
retirees However the data furnished by both parties clearly indicates
that retiree benefits are not paid for in the majority of forces in Ontario
Accordingly I decline to award the request of the Association
The provisions of the 1986 collective agreement are to be amended
and changed in accordance with the provisions as set out in this award At
the request of both parties I will remain seized of this matter in the
event of any dispute in respect of the interpretation or implementation of
thi saward
12
I wish to record my appreciation and gratitude to both
representatives for their assistance and courtesy in this matter
Dated at Mississauga this 19th day of January 1988
R Dempster
8
rate For the period 1981 to 1984 the parties negotiated their salary
increases
The Associ at i on argues that duri ng the peri od of 1976 to 1984
there was an average salary differential of $485 between the OPP and the
New liskeard Police They point out that in 1985 and 1986 the wage gap
increased to $1221 and $1552 respectively or double that of any previous
year It is the Associations position that their salaries appear to be
fa 11i ng further behi nd each year They argue that a 4 salary increase
would generate a 1987 salary of $3696930 which would increase the
differential to $220870 The Association submitted data which indicates
that 90 pol i ce settlements for 1987 ranged from 4 to 15 with an average
increase of 542
The Board submits that salary comparisons of similar sized
Municipal Police Forces serving communities of like circumstances is a more
rea 1i st i c bas is for compari son In thi s regard the Board submitted data
concerning three salary surveys The first survey includes a analysis of 21
Municipal Police Forces in communities with households between 1700 and
2400 It indicates that the average 1986 sal ary for a Fi rst Cl ass
Constable in the 21 forces was $33009 while the New liskeard salary was
$35547 Mr Hoyles maintains that in 1986 the New liskeard Police were
paid 769 higher than average in this group
A second salary comparison includes settlements in 1987 for 13
forces serving communities with households between 1700 and 2400 The
9
data indicates that the average 1987 police salary for those 13 communities
is $34975 The Board argues that their 4 increase would establish a
salary of $36968 which is 57 higher than the average for the group
The thi rd sal ary survey submitted by the Board includes four
northern forces that have settled for 1987 Those 1987 salaries range from
$35655 to $36801 Counsel for the Board argues that thei r proposal of
$36968 is higher than any of the salaries in this group Moreover the
Board maintains that a 4 salary increase is in line with the 4 transfer
payments made to municipalities
The Association is seeking a 10 increase that is significantly
above the average police settlement of 542 in 1987 On the other hand
the Boards proposal of 4 is less than the average police settlement and
less than settlements for Northern Ontario forces Mr Hoyles for the Board
has established that local settlements in the private and public sectors
range between 4 and 45 However because of the special nature of police
work and their responsibilities I feel that police salary increases should
be compared with those of other police
On the bas is of evi dence and argument before me and all of the
particular circumstances of this case I am satisfied that a 6 salary
increase is appropri ate and I so award The increase shall apply to all
ranks set out in article 803 of the collective agreement The increase is
within the range of negotiated settlements and consistent with increases in
other Northern Ontario Police Departments In fashioning this award I have
10
endeavoured to balance the legitimate interests of both parties
I turn now to consider the salary increases for the clerical
member and dispatchers The Association has proposed the same 10 salary
increase for both groups In past negotiations the parties have negotiated
the same percentage increase for all members of the Association The Board
of Commissioners has agreed that all members of the Association should
receive the same salary percentage increase For all of the above reasons
it is my award that all civilian staff salary classifications as set out in
Article 804 of the agreement shall be increased by 6 effective January
1 1987 The salary increase is fully retroactive Further all civilian
dispatcher classifications as set out in Article 805 in the agreement
shall be increased by 6 effective January 1 1987 The salary increase is
fully retroactive
4 Retiree Benefits - New Article
The Association proposes a new article whereby the Board would
continue to pay benefit premiums for retired members and their eligible
dependents They suggest that benefit premiums be paid until the member
reaches age 65 where benefits are not otherwise provided Specifically
the proposal concerns benefits set out in articles 1604 1607 and 1608
of the collective agreement which includes the Ontario Health Insurance Plan
(OHLP) a Medical Health Plan and the Dental Plan Mr Leopold points
out that since the inception of the Type III Supplementary Pension Benefit
it is possible for an officer to retire after age 50 and on completion of 30
11
years service The Associ ati on argues that most offi cers wi11 therefore
retire between the ages of 50 and 55 years The Association points out that
the rising costs of health care concerns everyone but obviously affect those
individuals on fixed incomes more seriously In support of their proposal
the Association notes that 38 of 123 forces provide some form of retiree
benefits
Counsel for the Board opposes the proposal and suggests that the
cost could be significant In support of their argument the Board points
out that less than 25 of the Municipal Police Forces in Ontario provide
OHIP coverage for retirees Mr Hoyles submits that as of November 20
1987 only 30 of 123 forces provide this retiree benefit It is the Boards
position that it is not realistic for a Police Department of this size to
provide such retiree benefits
The arbitrator is sympathetic regarding benefit coverage for
retirees However the data furnished by both parties clearly indicates
that retiree benefits are not paid for in the majority of forces in Ontario
Accordingly I decline to award the request of the Association
The provisions of the 1986 collective agreement are to be amended
and changed in accordance with the provisions as set out in this award At
the request of both parties I will remain seized of this matter in the
event of any dispute in respect of the interpretation or implementation of
thi saward
12
I wish to record my appreciation and gratitude to both
representatives for their assistance and courtesy in this matter
Dated at Mississauga this 19th day of January 1988
R Dempster
9
data indicates that the average 1987 police salary for those 13 communities
is $34975 The Board argues that their 4 increase would establish a
salary of $36968 which is 57 higher than the average for the group
The thi rd sal ary survey submitted by the Board includes four
northern forces that have settled for 1987 Those 1987 salaries range from
$35655 to $36801 Counsel for the Board argues that thei r proposal of
$36968 is higher than any of the salaries in this group Moreover the
Board maintains that a 4 salary increase is in line with the 4 transfer
payments made to municipalities
The Association is seeking a 10 increase that is significantly
above the average police settlement of 542 in 1987 On the other hand
the Boards proposal of 4 is less than the average police settlement and
less than settlements for Northern Ontario forces Mr Hoyles for the Board
has established that local settlements in the private and public sectors
range between 4 and 45 However because of the special nature of police
work and their responsibilities I feel that police salary increases should
be compared with those of other police
On the bas is of evi dence and argument before me and all of the
particular circumstances of this case I am satisfied that a 6 salary
increase is appropri ate and I so award The increase shall apply to all
ranks set out in article 803 of the collective agreement The increase is
within the range of negotiated settlements and consistent with increases in
other Northern Ontario Police Departments In fashioning this award I have
10
endeavoured to balance the legitimate interests of both parties
I turn now to consider the salary increases for the clerical
member and dispatchers The Association has proposed the same 10 salary
increase for both groups In past negotiations the parties have negotiated
the same percentage increase for all members of the Association The Board
of Commissioners has agreed that all members of the Association should
receive the same salary percentage increase For all of the above reasons
it is my award that all civilian staff salary classifications as set out in
Article 804 of the agreement shall be increased by 6 effective January
1 1987 The salary increase is fully retroactive Further all civilian
dispatcher classifications as set out in Article 805 in the agreement
shall be increased by 6 effective January 1 1987 The salary increase is
fully retroactive
4 Retiree Benefits - New Article
The Association proposes a new article whereby the Board would
continue to pay benefit premiums for retired members and their eligible
dependents They suggest that benefit premiums be paid until the member
reaches age 65 where benefits are not otherwise provided Specifically
the proposal concerns benefits set out in articles 1604 1607 and 1608
of the collective agreement which includes the Ontario Health Insurance Plan
(OHLP) a Medical Health Plan and the Dental Plan Mr Leopold points
out that since the inception of the Type III Supplementary Pension Benefit
it is possible for an officer to retire after age 50 and on completion of 30
11
years service The Associ ati on argues that most offi cers wi11 therefore
retire between the ages of 50 and 55 years The Association points out that
the rising costs of health care concerns everyone but obviously affect those
individuals on fixed incomes more seriously In support of their proposal
the Association notes that 38 of 123 forces provide some form of retiree
benefits
Counsel for the Board opposes the proposal and suggests that the
cost could be significant In support of their argument the Board points
out that less than 25 of the Municipal Police Forces in Ontario provide
OHIP coverage for retirees Mr Hoyles submits that as of November 20
1987 only 30 of 123 forces provide this retiree benefit It is the Boards
position that it is not realistic for a Police Department of this size to
provide such retiree benefits
The arbitrator is sympathetic regarding benefit coverage for
retirees However the data furnished by both parties clearly indicates
that retiree benefits are not paid for in the majority of forces in Ontario
Accordingly I decline to award the request of the Association
The provisions of the 1986 collective agreement are to be amended
and changed in accordance with the provisions as set out in this award At
the request of both parties I will remain seized of this matter in the
event of any dispute in respect of the interpretation or implementation of
thi saward
12
I wish to record my appreciation and gratitude to both
representatives for their assistance and courtesy in this matter
Dated at Mississauga this 19th day of January 1988
R Dempster
10
endeavoured to balance the legitimate interests of both parties
I turn now to consider the salary increases for the clerical
member and dispatchers The Association has proposed the same 10 salary
increase for both groups In past negotiations the parties have negotiated
the same percentage increase for all members of the Association The Board
of Commissioners has agreed that all members of the Association should
receive the same salary percentage increase For all of the above reasons
it is my award that all civilian staff salary classifications as set out in
Article 804 of the agreement shall be increased by 6 effective January
1 1987 The salary increase is fully retroactive Further all civilian
dispatcher classifications as set out in Article 805 in the agreement
shall be increased by 6 effective January 1 1987 The salary increase is
fully retroactive
4 Retiree Benefits - New Article
The Association proposes a new article whereby the Board would
continue to pay benefit premiums for retired members and their eligible
dependents They suggest that benefit premiums be paid until the member
reaches age 65 where benefits are not otherwise provided Specifically
the proposal concerns benefits set out in articles 1604 1607 and 1608
of the collective agreement which includes the Ontario Health Insurance Plan
(OHLP) a Medical Health Plan and the Dental Plan Mr Leopold points
out that since the inception of the Type III Supplementary Pension Benefit
it is possible for an officer to retire after age 50 and on completion of 30
11
years service The Associ ati on argues that most offi cers wi11 therefore
retire between the ages of 50 and 55 years The Association points out that
the rising costs of health care concerns everyone but obviously affect those
individuals on fixed incomes more seriously In support of their proposal
the Association notes that 38 of 123 forces provide some form of retiree
benefits
Counsel for the Board opposes the proposal and suggests that the
cost could be significant In support of their argument the Board points
out that less than 25 of the Municipal Police Forces in Ontario provide
OHIP coverage for retirees Mr Hoyles submits that as of November 20
1987 only 30 of 123 forces provide this retiree benefit It is the Boards
position that it is not realistic for a Police Department of this size to
provide such retiree benefits
The arbitrator is sympathetic regarding benefit coverage for
retirees However the data furnished by both parties clearly indicates
that retiree benefits are not paid for in the majority of forces in Ontario
Accordingly I decline to award the request of the Association
The provisions of the 1986 collective agreement are to be amended
and changed in accordance with the provisions as set out in this award At
the request of both parties I will remain seized of this matter in the
event of any dispute in respect of the interpretation or implementation of
thi saward
12
I wish to record my appreciation and gratitude to both
representatives for their assistance and courtesy in this matter
Dated at Mississauga this 19th day of January 1988
R Dempster
11
years service The Associ ati on argues that most offi cers wi11 therefore
retire between the ages of 50 and 55 years The Association points out that
the rising costs of health care concerns everyone but obviously affect those
individuals on fixed incomes more seriously In support of their proposal
the Association notes that 38 of 123 forces provide some form of retiree
benefits
Counsel for the Board opposes the proposal and suggests that the
cost could be significant In support of their argument the Board points
out that less than 25 of the Municipal Police Forces in Ontario provide
OHIP coverage for retirees Mr Hoyles submits that as of November 20
1987 only 30 of 123 forces provide this retiree benefit It is the Boards
position that it is not realistic for a Police Department of this size to
provide such retiree benefits
The arbitrator is sympathetic regarding benefit coverage for
retirees However the data furnished by both parties clearly indicates
that retiree benefits are not paid for in the majority of forces in Ontario
Accordingly I decline to award the request of the Association
The provisions of the 1986 collective agreement are to be amended
and changed in accordance with the provisions as set out in this award At
the request of both parties I will remain seized of this matter in the
event of any dispute in respect of the interpretation or implementation of
thi saward
12
I wish to record my appreciation and gratitude to both
representatives for their assistance and courtesy in this matter
Dated at Mississauga this 19th day of January 1988
R Dempster