J71) Hearing Date of award

ARNPRIOR Jan 21 1981

IN THE MATTER OF THE POLICE ACT RSO 1970 e l -00 t CHAPTER 351 AS AMENDED

AND IN THE MATTER OF AN ARBITRATION

BET WEE N

THE CORPORATION OF THE TOWN OF ARNPRIOR

hereinafter referred to as the Town

AND

THE ARNPRIOR POLICE ASSOCIATION

hereinafter referred to as the Association

IN THE MATTER OF THE COLLECTIVE AGREEMENT TO BE EFFECTIVE FROMJUNE 1 1979 TO MAY 30 1980

SOLE ARBITRATOR Kenneth P Swan

APPEARANCES For the Town CT Kelley Spokesman

Frank Rosar Councillor andChairman Bargaining Committee

GM Buffam Municipal Clerk

For the Association r-LA Cameron Spokesman

John McDermott President

Angus Matheson Member

David Jones Member

I

I

AWARDI

I By notice dated September 29 1980 the undersigned was

I appointed by the Solicitor General of Ontario as an arbitrator

I to hear and determine all matters in dispute between the present

I parties in respect of a collective agreement to bind them for

I the period from June 1 1979 to May 30 1980 A hearing was

I subsequently convened in Arnprior Ontario on October 21 1980

I At that time both parties were agreed that the arbitrator had

I been properly appointed and had jurisdiction to resolve matters

still in issueI

I Arnprior is a community of some 6000 people in the Ottawa

I Valley about 60 kilometers from Ottawa The Police Force apart

I from the Chief of Police who is excluded from representation by

I the Association consists of nine officers two Sergeants four

First Class Constables two Second Class Constables and oneI

IFourth Class Constable This is thus a small police force in a

I small community and both parties advanced positions based on

the special characteristics of the police function in such aI

I community In addition the Town made strong representations

tat the necessity or appropriateness of changes Lo the collectiveI

agreement ought to be demonstrated in relation to a town the sizeI

of ArnpriorI

By the time 6pound the hearing ten issues remained for settle-I

mente These wereI

l PeI1sionsI 2 Court Attendance

3 OvertimeI 4 Uni formsI

5 Service BadgesI 6 Hospitalization and Insurance

7 Salaries8 Annual Vacation

-2shy

I

9 Medical ExaminationI 10 Sick Leave

Other matters had been in dispute it appears until shortly beforeI

the hearing but were withdrawn by the Association I shall there-

I fore consider the dispute for resolution to be defined by the

above list of issues and I shall proceed to deal with them in theI

order presented In doing so however I observe that the amend-

I

ment of a collective agreement is a matter to be considered as

whole as well as on an item-by-item basis and my award has as itsI

object a settlement which is overall equitable to both partiesI

1 Pensions

The Associations request in respect of pensions is

really two-fold for an alteration in the existing plan to

I

I

provide for retirement at age 60 and for true past service

I benefits to be established in respect of three members of the

Force who were employed prior to the implementation of the pensionI

plan in 1966 The former request would lower the age from retire-

I ment for all members from tbe present age 65 the latter would

establish pension plan benefits for the three individuals concernedI

for service from their actual date of employment rather than from

I 1966

At the present time collective bargaining and arbitration inI

police forces in this province have dramatically altered the formI

of pension coverage for police officers from the situation preshy

vailing even a few years ago The Association asserts thatI

Arnprior is the only municipality in Ontario whose police officersI

retire at 65 rather than at 60 and that assertion was not challenged

I

I

I

I

-3shy

The Town urged that arguments for age 60 retirement based on the

nature of police duty and the risks inherent in policing be

rejected as ina~plicable to policing in Arnprior but no evidence

of any specific differences emerged to explain why Arnpriors

police should be treated differently from police everywhere else

in the province A review of arbitration awards over the past

several years indicates that arbitrators have on many occasions

awarded age 60 retirement provisions on the basis of arguments

such as those the Town says do not apply In this case however

I think it is sufficient to rely entirely on the overwhelming

prevalence of better pensions for police elsewhere in Ontario

I propose therefore to grant the Associations request

Similarly the Associations unchallenged evidence is to the

effect that of Ontarios 12336 munic~pal police officers only

150 officers do not have true past service pensions This is a

somewhat misleading presentation of course All officers hired

after the Ontario Municipal Employees Retirement Scheme was

introduced have no uncovered past service to be concerned about

only those who were actually serving when the plan came into

operation have service which without a true past service

provision would not be pensionable Even allowing for this

however it is clear that the coverage of eligible officers for

service prior to the inception of the plan must approach 90

In my view full pension coverage for actual service is a

reasonable expectation and I have decided to grant this request

as well

I

I

-4shy

This is I observe an expensive matter although not as

expensive as the Towns estimate of $5000000 The lump sum

cost for age 60 retirement is on the basis of evidence before

me around $3000000 but it may be paid over a ten-year period

at about $400000 per year The one time cost to achieve true

past service pensions is $367700 There are also increases in

the future service pension costs as well but I have no evidence

as to what they will be On the other hand the Town has beneshy

fitted from the delay in implementing improved pensions by

deferring the expense Nevertheless I am of the view that the

rest of this award should reflect the high cost of this one item

to the Town

In the result my lwlrdis thl1t the collective agreement

should provide for the implementation as soon as possible after

the date of this award of a OMERS Type I Supplementary Pension

plan with pension benefits payable in full at age sixty (60)

equal to two (2) percent of the average of the employees earnings

over the highest-paid period of sixty (60) consecutive months

service multiplied by years of credited service at retirement to

a maximum of thirty-five (35) years including all service from

the date of employment by the Town

2 Court Appearance

Article 8 of the expired collective agreement proshy

vides for payment ~t premium rates for time spent in court during

off-duty hours There is a minimum guarantee of four hours pay

for each morning afternoon or evening appearance although

IIIIIII

I

I

AWARDI

I By notice dated September 29 1980 the undersigned was

I appointed by the Solicitor General of Ontario as an arbitrator

I to hear and determine all matters in dispute between the present

I parties in respect of a collective agreement to bind them for

I the period from June 1 1979 to May 30 1980 A hearing was

I subsequently convened in Arnprior Ontario on October 21 1980

I At that time both parties were agreed that the arbitrator had

I been properly appointed and had jurisdiction to resolve matters

still in issueI

I Arnprior is a community of some 6000 people in the Ottawa

I Valley about 60 kilometers from Ottawa The Police Force apart

I from the Chief of Police who is excluded from representation by

I the Association consists of nine officers two Sergeants four

First Class Constables two Second Class Constables and oneI

IFourth Class Constable This is thus a small police force in a

I small community and both parties advanced positions based on

the special characteristics of the police function in such aI

I community In addition the Town made strong representations

tat the necessity or appropriateness of changes Lo the collectiveI

agreement ought to be demonstrated in relation to a town the sizeI

of ArnpriorI

By the time 6pound the hearing ten issues remained for settle-I

mente These wereI

l PeI1sionsI 2 Court Attendance

3 OvertimeI 4 Uni formsI

5 Service BadgesI 6 Hospitalization and Insurance

7 Salaries8 Annual Vacation

-2shy

I

9 Medical ExaminationI 10 Sick Leave

Other matters had been in dispute it appears until shortly beforeI

the hearing but were withdrawn by the Association I shall there-

I fore consider the dispute for resolution to be defined by the

above list of issues and I shall proceed to deal with them in theI

order presented In doing so however I observe that the amend-

I

ment of a collective agreement is a matter to be considered as

whole as well as on an item-by-item basis and my award has as itsI

object a settlement which is overall equitable to both partiesI

1 Pensions

The Associations request in respect of pensions is

really two-fold for an alteration in the existing plan to

I

I

provide for retirement at age 60 and for true past service

I benefits to be established in respect of three members of the

Force who were employed prior to the implementation of the pensionI

plan in 1966 The former request would lower the age from retire-

I ment for all members from tbe present age 65 the latter would

establish pension plan benefits for the three individuals concernedI

for service from their actual date of employment rather than from

I 1966

At the present time collective bargaining and arbitration inI

police forces in this province have dramatically altered the formI

of pension coverage for police officers from the situation preshy

vailing even a few years ago The Association asserts thatI

Arnprior is the only municipality in Ontario whose police officersI

retire at 65 rather than at 60 and that assertion was not challenged

I

I

I

I

-3shy

The Town urged that arguments for age 60 retirement based on the

nature of police duty and the risks inherent in policing be

rejected as ina~plicable to policing in Arnprior but no evidence

of any specific differences emerged to explain why Arnpriors

police should be treated differently from police everywhere else

in the province A review of arbitration awards over the past

several years indicates that arbitrators have on many occasions

awarded age 60 retirement provisions on the basis of arguments

such as those the Town says do not apply In this case however

I think it is sufficient to rely entirely on the overwhelming

prevalence of better pensions for police elsewhere in Ontario

I propose therefore to grant the Associations request

Similarly the Associations unchallenged evidence is to the

effect that of Ontarios 12336 munic~pal police officers only

150 officers do not have true past service pensions This is a

somewhat misleading presentation of course All officers hired

after the Ontario Municipal Employees Retirement Scheme was

introduced have no uncovered past service to be concerned about

only those who were actually serving when the plan came into

operation have service which without a true past service

provision would not be pensionable Even allowing for this

however it is clear that the coverage of eligible officers for

service prior to the inception of the plan must approach 90

In my view full pension coverage for actual service is a

reasonable expectation and I have decided to grant this request

as well

I

I

-4shy

This is I observe an expensive matter although not as

expensive as the Towns estimate of $5000000 The lump sum

cost for age 60 retirement is on the basis of evidence before

me around $3000000 but it may be paid over a ten-year period

at about $400000 per year The one time cost to achieve true

past service pensions is $367700 There are also increases in

the future service pension costs as well but I have no evidence

as to what they will be On the other hand the Town has beneshy

fitted from the delay in implementing improved pensions by

deferring the expense Nevertheless I am of the view that the

rest of this award should reflect the high cost of this one item

to the Town

In the result my lwlrdis thl1t the collective agreement

should provide for the implementation as soon as possible after

the date of this award of a OMERS Type I Supplementary Pension

plan with pension benefits payable in full at age sixty (60)

equal to two (2) percent of the average of the employees earnings

over the highest-paid period of sixty (60) consecutive months

service multiplied by years of credited service at retirement to

a maximum of thirty-five (35) years including all service from

the date of employment by the Town

2 Court Appearance

Article 8 of the expired collective agreement proshy

vides for payment ~t premium rates for time spent in court during

off-duty hours There is a minimum guarantee of four hours pay

for each morning afternoon or evening appearance although

IIIIIII

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-2shy

I

9 Medical ExaminationI 10 Sick Leave

Other matters had been in dispute it appears until shortly beforeI

the hearing but were withdrawn by the Association I shall there-

I fore consider the dispute for resolution to be defined by the

above list of issues and I shall proceed to deal with them in theI

order presented In doing so however I observe that the amend-

I

ment of a collective agreement is a matter to be considered as

whole as well as on an item-by-item basis and my award has as itsI

object a settlement which is overall equitable to both partiesI

1 Pensions

The Associations request in respect of pensions is

really two-fold for an alteration in the existing plan to

I

I

provide for retirement at age 60 and for true past service

I benefits to be established in respect of three members of the

Force who were employed prior to the implementation of the pensionI

plan in 1966 The former request would lower the age from retire-

I ment for all members from tbe present age 65 the latter would

establish pension plan benefits for the three individuals concernedI

for service from their actual date of employment rather than from

I 1966

At the present time collective bargaining and arbitration inI

police forces in this province have dramatically altered the formI

of pension coverage for police officers from the situation preshy

vailing even a few years ago The Association asserts thatI

Arnprior is the only municipality in Ontario whose police officersI

retire at 65 rather than at 60 and that assertion was not challenged

I

I

I

I

-3shy

The Town urged that arguments for age 60 retirement based on the

nature of police duty and the risks inherent in policing be

rejected as ina~plicable to policing in Arnprior but no evidence

of any specific differences emerged to explain why Arnpriors

police should be treated differently from police everywhere else

in the province A review of arbitration awards over the past

several years indicates that arbitrators have on many occasions

awarded age 60 retirement provisions on the basis of arguments

such as those the Town says do not apply In this case however

I think it is sufficient to rely entirely on the overwhelming

prevalence of better pensions for police elsewhere in Ontario

I propose therefore to grant the Associations request

Similarly the Associations unchallenged evidence is to the

effect that of Ontarios 12336 munic~pal police officers only

150 officers do not have true past service pensions This is a

somewhat misleading presentation of course All officers hired

after the Ontario Municipal Employees Retirement Scheme was

introduced have no uncovered past service to be concerned about

only those who were actually serving when the plan came into

operation have service which without a true past service

provision would not be pensionable Even allowing for this

however it is clear that the coverage of eligible officers for

service prior to the inception of the plan must approach 90

In my view full pension coverage for actual service is a

reasonable expectation and I have decided to grant this request

as well

I

I

-4shy

This is I observe an expensive matter although not as

expensive as the Towns estimate of $5000000 The lump sum

cost for age 60 retirement is on the basis of evidence before

me around $3000000 but it may be paid over a ten-year period

at about $400000 per year The one time cost to achieve true

past service pensions is $367700 There are also increases in

the future service pension costs as well but I have no evidence

as to what they will be On the other hand the Town has beneshy

fitted from the delay in implementing improved pensions by

deferring the expense Nevertheless I am of the view that the

rest of this award should reflect the high cost of this one item

to the Town

In the result my lwlrdis thl1t the collective agreement

should provide for the implementation as soon as possible after

the date of this award of a OMERS Type I Supplementary Pension

plan with pension benefits payable in full at age sixty (60)

equal to two (2) percent of the average of the employees earnings

over the highest-paid period of sixty (60) consecutive months

service multiplied by years of credited service at retirement to

a maximum of thirty-five (35) years including all service from

the date of employment by the Town

2 Court Appearance

Article 8 of the expired collective agreement proshy

vides for payment ~t premium rates for time spent in court during

off-duty hours There is a minimum guarantee of four hours pay

for each morning afternoon or evening appearance although

IIIIIII

I

-3shy

The Town urged that arguments for age 60 retirement based on the

nature of police duty and the risks inherent in policing be

rejected as ina~plicable to policing in Arnprior but no evidence

of any specific differences emerged to explain why Arnpriors

police should be treated differently from police everywhere else

in the province A review of arbitration awards over the past

several years indicates that arbitrators have on many occasions

awarded age 60 retirement provisions on the basis of arguments

such as those the Town says do not apply In this case however

I think it is sufficient to rely entirely on the overwhelming

prevalence of better pensions for police elsewhere in Ontario

I propose therefore to grant the Associations request

Similarly the Associations unchallenged evidence is to the

effect that of Ontarios 12336 munic~pal police officers only

150 officers do not have true past service pensions This is a

somewhat misleading presentation of course All officers hired

after the Ontario Municipal Employees Retirement Scheme was

introduced have no uncovered past service to be concerned about

only those who were actually serving when the plan came into

operation have service which without a true past service

provision would not be pensionable Even allowing for this

however it is clear that the coverage of eligible officers for

service prior to the inception of the plan must approach 90

In my view full pension coverage for actual service is a

reasonable expectation and I have decided to grant this request

as well

I

I

-4shy

This is I observe an expensive matter although not as

expensive as the Towns estimate of $5000000 The lump sum

cost for age 60 retirement is on the basis of evidence before

me around $3000000 but it may be paid over a ten-year period

at about $400000 per year The one time cost to achieve true

past service pensions is $367700 There are also increases in

the future service pension costs as well but I have no evidence

as to what they will be On the other hand the Town has beneshy

fitted from the delay in implementing improved pensions by

deferring the expense Nevertheless I am of the view that the

rest of this award should reflect the high cost of this one item

to the Town

In the result my lwlrdis thl1t the collective agreement

should provide for the implementation as soon as possible after

the date of this award of a OMERS Type I Supplementary Pension

plan with pension benefits payable in full at age sixty (60)

equal to two (2) percent of the average of the employees earnings

over the highest-paid period of sixty (60) consecutive months

service multiplied by years of credited service at retirement to

a maximum of thirty-five (35) years including all service from

the date of employment by the Town

2 Court Appearance

Article 8 of the expired collective agreement proshy

vides for payment ~t premium rates for time spent in court during

off-duty hours There is a minimum guarantee of four hours pay

for each morning afternoon or evening appearance although

IIIIIII

I

-4shy

This is I observe an expensive matter although not as

expensive as the Towns estimate of $5000000 The lump sum

cost for age 60 retirement is on the basis of evidence before

me around $3000000 but it may be paid over a ten-year period

at about $400000 per year The one time cost to achieve true

past service pensions is $367700 There are also increases in

the future service pension costs as well but I have no evidence

as to what they will be On the other hand the Town has beneshy

fitted from the delay in implementing improved pensions by

deferring the expense Nevertheless I am of the view that the

rest of this award should reflect the high cost of this one item

to the Town

In the result my lwlrdis thl1t the collective agreement

should provide for the implementation as soon as possible after

the date of this award of a OMERS Type I Supplementary Pension

plan with pension benefits payable in full at age sixty (60)

equal to two (2) percent of the average of the employees earnings

over the highest-paid period of sixty (60) consecutive months

service multiplied by years of credited service at retirement to

a maximum of thirty-five (35) years including all service from

the date of employment by the Town

2 Court Appearance

Article 8 of the expired collective agreement proshy

vides for payment ~t premium rates for time spent in court during

off-duty hours There is a minimum guarantee of four hours pay

for each morning afternoon or evening appearance although

IIIIIII

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I -5shy

I

those terms are not defined The Associations proposal would

I define each of them it would also provide for three days

compensating leave for any day on which an officer is required

to attend leave during his vacation

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I

I can understand the Associations desire to define the

I

vague terms on which court pay depends but the particular defi-

I nitions chosen are not particularly good since they would

produce a new appearance and thus a new four-hour guaranteeI

merely because a certain hour passes For example morning courtI

appearances are defined as those between 8 am and 12 noon and

I

afternoon appearances as those from 12 noon to 4 pm Thus in

I what must be the most common of all situations where a morning

court session drifts past noon the Associations proposal wouldI

give an officer whose appearanre might begin at 10 am a secondI

guarantee after 12 noon a minimum of eight hours at premium

I

rates for one single session which could be less than three hours

I It might be helful for the parties to clarify Article 8 but the

Associations proposal amounts to much more than mere clarificationI

As to compensatory leave for court appearances during vacationI

the Town challenged the need for such a provision and the Associa-

I tion responded by identifying a case of the sort to be dealt with

during the past year Unfortunately I was not informed of the

circumstances of the case nor of the compensation granted Under

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Article 18 each officer is entitled to vacation for a number of

I

working days This would appear to require compensation at least

I on a day-for-day basis if work is required to be performed during

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-6shy

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the period and it may cover time necessarily spent travelling

as well Without further information it is impossible to

determine whether any new clause is needed and what sort of

clause would be preferable in any event I think a blanket comshy

pensation of three days leave for every vacation inconvenience

however minor would be excessive

All of the Associations proposals in respect of Court Time

are accordingly rejected

3 Overtime

Article 10 of the expired agreement deals with

overtime The Associations only proposal is to alter the minimum

guarantee for call-in or stand-by duty from two hours to four hours

The arguments in favour of this proposal are the usual ones about

disruption of off-duty periods and inconvenience to family and

social arrangements The Towns response is based chiefly on the

fact that it is impossible to be more than a few minutes away

from anywhere else in Arnprior and that longer guarantees are

thus unnecessary There is also disagreement between the parties

about whether stand-by duty has ever been assigned in recent years

After considering the argument on this issue I do not think

the case for changing this Article has been made out There is

no evidence that the provision is now working to the disadvantage

of police officers The Associations request is therefore

rejected

4 Uniforms

Under Article 12 a uniform allowance of $35000

per annum is provided The Association proposed to increase thisI

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-7shy

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amount to $40000 and add a $14000 dry cleaning allowance TheI

Town points out that the present clothing allowance may be usedI

for either cleaning or replacement and that a survey of the

accounts of members of the Force indicates that they are all

I

I

apparently amply compensated under the present clause For the

moment at least I accept the Towns position although some

I

I

increase in the allowance may be necessary in the near futureI

For now the Associations request is rejectedI

5 Service BadgesI

Article 13 provides for a $500 per month payI

supplement for each five-year period of continuous service thisI

is a form of service or longevity pay The Association proposesI

certain wording changes and certain alterations to the wayI

in which the bonus is payable on death retirement or resignationI

The amounts involved are so small and the changes so limitedI

that I do not think it appropriate to tinker with the clauseI

given the expensive pension provisions already awarded it isI

best to avoid minor cost items and to concentrate on a fair andI

equitable salary settlement The Associations proposals areI

rejectedI

6 Hospitalization and InsuranceI

The Associations proposal here is for an increaseI

in the Towns share of premiums for existing plans from 75 toI

100 Given my observations above about the importance of aI

fair salary settlement and the expense of pension changes to theI

Town I have decided to reject this proposal as well

-8shy

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7 Salaries

The collective agreement here under arbitration is

for a period already expired before the arbitrator was even

I

I

appointed Thus the factors upon which a salary increase must be

calculated are much less speculative than is sometimes the caseI

salary settlements are now available for other police forces

across Ontario and for other employees of the Town of Arnprior

and cost of living data are available for the entire contract

I

I period The Towns position at the hearing was an offer of an

8 increase in salaries the Associations request was for 14I

I was informed by the Town that 8 was the amount negotiated

with other unionized employees of the Town and granted to non-I

unionized employees for the period in question At the time of

I the end of the contract period in May 1980 the Consumer Price

Index for Ottawa had increased over May 1979 by 8742 It isI

of interest that immediately after the expiry date of the agreeshy

ment the CPI jumped sharply rising 156 in June 1980 over theI

May index This is however something to be taken into account

I in ~egotiating the successor collective agreement and is not

relevant to the period now under arbitrationI

The other and very important data concern salaries paid

to police officers elsewhere Because of the difference inI

contract periods involved these data are not always easy to

I relate to the pres~nt dispute but careful study is very helpful

to the determination of an appropriate salary increaseI

For the period June 1 1979 to May 30 1980 the benchmark

salary of First Class Constable would in the AssociationsI

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-9shy

proposal increase to $2080500 on the Towns offer the salary

would be $1971000 Of communities of a similar size in the

surrounding area only Renfrew has a contractual term close to

the present one from May 1 1979 to April 30 1980 the benchmark

salary there is $1840600

For other nearby communities it is necessary to convert

calendar year agreements to a June 1 - May 30 base to compare

amounts actually paid during the period of the present contract

On the basis of seven months at 1979 rates and five months at

1980 rates the following rough equivalents emerge

Alexandria $1984000

Hawkesbury 2028400

Perth 1931100

Deep River 1974100

Smiths Falls 1999300

Salaries in towns of similar size elsewhere in the province

are somewhat higher than these figures and as might be expected

salaries in Ottawa Vanier Nepean and similar urban centres are

considerably more Nevertheless there are sound reasons to

weight more heavily salaries paid in towns of similar size (to

account for differences in policing functions) and towns in

nearby areas (to account for regional differences) more heavily

than the other data

In my view the data indicate that the Towns offer even

though it falls slightly below the CPI increase during the

contract period reflects the level of salary increases in the

community and in nearby police forces in similar communities

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-6shy

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the period and it may cover time necessarily spent travelling

as well Without further information it is impossible to

determine whether any new clause is needed and what sort of

clause would be preferable in any event I think a blanket comshy

pensation of three days leave for every vacation inconvenience

however minor would be excessive

All of the Associations proposals in respect of Court Time

are accordingly rejected

3 Overtime

Article 10 of the expired agreement deals with

overtime The Associations only proposal is to alter the minimum

guarantee for call-in or stand-by duty from two hours to four hours

The arguments in favour of this proposal are the usual ones about

disruption of off-duty periods and inconvenience to family and

social arrangements The Towns response is based chiefly on the

fact that it is impossible to be more than a few minutes away

from anywhere else in Arnprior and that longer guarantees are

thus unnecessary There is also disagreement between the parties

about whether stand-by duty has ever been assigned in recent years

After considering the argument on this issue I do not think

the case for changing this Article has been made out There is

no evidence that the provision is now working to the disadvantage

of police officers The Associations request is therefore

rejected

4 Uniforms

Under Article 12 a uniform allowance of $35000

per annum is provided The Association proposed to increase thisI

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-7shy

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amount to $40000 and add a $14000 dry cleaning allowance TheI

Town points out that the present clothing allowance may be usedI

for either cleaning or replacement and that a survey of the

accounts of members of the Force indicates that they are all

I

I

apparently amply compensated under the present clause For the

moment at least I accept the Towns position although some

I

I

increase in the allowance may be necessary in the near futureI

For now the Associations request is rejectedI

5 Service BadgesI

Article 13 provides for a $500 per month payI

supplement for each five-year period of continuous service thisI

is a form of service or longevity pay The Association proposesI

certain wording changes and certain alterations to the wayI

in which the bonus is payable on death retirement or resignationI

The amounts involved are so small and the changes so limitedI

that I do not think it appropriate to tinker with the clauseI

given the expensive pension provisions already awarded it isI

best to avoid minor cost items and to concentrate on a fair andI

equitable salary settlement The Associations proposals areI

rejectedI

6 Hospitalization and InsuranceI

The Associations proposal here is for an increaseI

in the Towns share of premiums for existing plans from 75 toI

100 Given my observations above about the importance of aI

fair salary settlement and the expense of pension changes to theI

Town I have decided to reject this proposal as well

-8shy

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7 Salaries

The collective agreement here under arbitration is

for a period already expired before the arbitrator was even

I

I

appointed Thus the factors upon which a salary increase must be

calculated are much less speculative than is sometimes the caseI

salary settlements are now available for other police forces

across Ontario and for other employees of the Town of Arnprior

and cost of living data are available for the entire contract

I

I period The Towns position at the hearing was an offer of an

8 increase in salaries the Associations request was for 14I

I was informed by the Town that 8 was the amount negotiated

with other unionized employees of the Town and granted to non-I

unionized employees for the period in question At the time of

I the end of the contract period in May 1980 the Consumer Price

Index for Ottawa had increased over May 1979 by 8742 It isI

of interest that immediately after the expiry date of the agreeshy

ment the CPI jumped sharply rising 156 in June 1980 over theI

May index This is however something to be taken into account

I in ~egotiating the successor collective agreement and is not

relevant to the period now under arbitrationI

The other and very important data concern salaries paid

to police officers elsewhere Because of the difference inI

contract periods involved these data are not always easy to

I relate to the pres~nt dispute but careful study is very helpful

to the determination of an appropriate salary increaseI

For the period June 1 1979 to May 30 1980 the benchmark

salary of First Class Constable would in the AssociationsI

I

I

I

-9shy

proposal increase to $2080500 on the Towns offer the salary

would be $1971000 Of communities of a similar size in the

surrounding area only Renfrew has a contractual term close to

the present one from May 1 1979 to April 30 1980 the benchmark

salary there is $1840600

For other nearby communities it is necessary to convert

calendar year agreements to a June 1 - May 30 base to compare

amounts actually paid during the period of the present contract

On the basis of seven months at 1979 rates and five months at

1980 rates the following rough equivalents emerge

Alexandria $1984000

Hawkesbury 2028400

Perth 1931100

Deep River 1974100

Smiths Falls 1999300

Salaries in towns of similar size elsewhere in the province

are somewhat higher than these figures and as might be expected

salaries in Ottawa Vanier Nepean and similar urban centres are

considerably more Nevertheless there are sound reasons to

weight more heavily salaries paid in towns of similar size (to

account for differences in policing functions) and towns in

nearby areas (to account for regional differences) more heavily

than the other data

In my view the data indicate that the Towns offer even

though it falls slightly below the CPI increase during the

contract period reflects the level of salary increases in the

community and in nearby police forces in similar communities

I

-7shy

I

amount to $40000 and add a $14000 dry cleaning allowance TheI

Town points out that the present clothing allowance may be usedI

for either cleaning or replacement and that a survey of the

accounts of members of the Force indicates that they are all

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apparently amply compensated under the present clause For the

moment at least I accept the Towns position although some

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increase in the allowance may be necessary in the near futureI

For now the Associations request is rejectedI

5 Service BadgesI

Article 13 provides for a $500 per month payI

supplement for each five-year period of continuous service thisI

is a form of service or longevity pay The Association proposesI

certain wording changes and certain alterations to the wayI

in which the bonus is payable on death retirement or resignationI

The amounts involved are so small and the changes so limitedI

that I do not think it appropriate to tinker with the clauseI

given the expensive pension provisions already awarded it isI

best to avoid minor cost items and to concentrate on a fair andI

equitable salary settlement The Associations proposals areI

rejectedI

6 Hospitalization and InsuranceI

The Associations proposal here is for an increaseI

in the Towns share of premiums for existing plans from 75 toI

100 Given my observations above about the importance of aI

fair salary settlement and the expense of pension changes to theI

Town I have decided to reject this proposal as well

-8shy

I

7 Salaries

The collective agreement here under arbitration is

for a period already expired before the arbitrator was even

I

I

appointed Thus the factors upon which a salary increase must be

calculated are much less speculative than is sometimes the caseI

salary settlements are now available for other police forces

across Ontario and for other employees of the Town of Arnprior

and cost of living data are available for the entire contract

I

I period The Towns position at the hearing was an offer of an

8 increase in salaries the Associations request was for 14I

I was informed by the Town that 8 was the amount negotiated

with other unionized employees of the Town and granted to non-I

unionized employees for the period in question At the time of

I the end of the contract period in May 1980 the Consumer Price

Index for Ottawa had increased over May 1979 by 8742 It isI

of interest that immediately after the expiry date of the agreeshy

ment the CPI jumped sharply rising 156 in June 1980 over theI

May index This is however something to be taken into account

I in ~egotiating the successor collective agreement and is not

relevant to the period now under arbitrationI

The other and very important data concern salaries paid

to police officers elsewhere Because of the difference inI

contract periods involved these data are not always easy to

I relate to the pres~nt dispute but careful study is very helpful

to the determination of an appropriate salary increaseI

For the period June 1 1979 to May 30 1980 the benchmark

salary of First Class Constable would in the AssociationsI

I

I

I

-9shy

proposal increase to $2080500 on the Towns offer the salary

would be $1971000 Of communities of a similar size in the

surrounding area only Renfrew has a contractual term close to

the present one from May 1 1979 to April 30 1980 the benchmark

salary there is $1840600

For other nearby communities it is necessary to convert

calendar year agreements to a June 1 - May 30 base to compare

amounts actually paid during the period of the present contract

On the basis of seven months at 1979 rates and five months at

1980 rates the following rough equivalents emerge

Alexandria $1984000

Hawkesbury 2028400

Perth 1931100

Deep River 1974100

Smiths Falls 1999300

Salaries in towns of similar size elsewhere in the province

are somewhat higher than these figures and as might be expected

salaries in Ottawa Vanier Nepean and similar urban centres are

considerably more Nevertheless there are sound reasons to

weight more heavily salaries paid in towns of similar size (to

account for differences in policing functions) and towns in

nearby areas (to account for regional differences) more heavily

than the other data

In my view the data indicate that the Towns offer even

though it falls slightly below the CPI increase during the

contract period reflects the level of salary increases in the

community and in nearby police forces in similar communities

-8shy

I

7 Salaries

The collective agreement here under arbitration is

for a period already expired before the arbitrator was even

I

I

appointed Thus the factors upon which a salary increase must be

calculated are much less speculative than is sometimes the caseI

salary settlements are now available for other police forces

across Ontario and for other employees of the Town of Arnprior

and cost of living data are available for the entire contract

I

I period The Towns position at the hearing was an offer of an

8 increase in salaries the Associations request was for 14I

I was informed by the Town that 8 was the amount negotiated

with other unionized employees of the Town and granted to non-I

unionized employees for the period in question At the time of

I the end of the contract period in May 1980 the Consumer Price

Index for Ottawa had increased over May 1979 by 8742 It isI

of interest that immediately after the expiry date of the agreeshy

ment the CPI jumped sharply rising 156 in June 1980 over theI

May index This is however something to be taken into account

I in ~egotiating the successor collective agreement and is not

relevant to the period now under arbitrationI

The other and very important data concern salaries paid

to police officers elsewhere Because of the difference inI

contract periods involved these data are not always easy to

I relate to the pres~nt dispute but careful study is very helpful

to the determination of an appropriate salary increaseI

For the period June 1 1979 to May 30 1980 the benchmark

salary of First Class Constable would in the AssociationsI

I

I

I

-9shy

proposal increase to $2080500 on the Towns offer the salary

would be $1971000 Of communities of a similar size in the

surrounding area only Renfrew has a contractual term close to

the present one from May 1 1979 to April 30 1980 the benchmark

salary there is $1840600

For other nearby communities it is necessary to convert

calendar year agreements to a June 1 - May 30 base to compare

amounts actually paid during the period of the present contract

On the basis of seven months at 1979 rates and five months at

1980 rates the following rough equivalents emerge

Alexandria $1984000

Hawkesbury 2028400

Perth 1931100

Deep River 1974100

Smiths Falls 1999300

Salaries in towns of similar size elsewhere in the province

are somewhat higher than these figures and as might be expected

salaries in Ottawa Vanier Nepean and similar urban centres are

considerably more Nevertheless there are sound reasons to

weight more heavily salaries paid in towns of similar size (to

account for differences in policing functions) and towns in

nearby areas (to account for regional differences) more heavily

than the other data

In my view the data indicate that the Towns offer even

though it falls slightly below the CPI increase during the

contract period reflects the level of salary increases in the

community and in nearby police forces in similar communities

-9shy

proposal increase to $2080500 on the Towns offer the salary

would be $1971000 Of communities of a similar size in the

surrounding area only Renfrew has a contractual term close to

the present one from May 1 1979 to April 30 1980 the benchmark

salary there is $1840600

For other nearby communities it is necessary to convert

calendar year agreements to a June 1 - May 30 base to compare

amounts actually paid during the period of the present contract

On the basis of seven months at 1979 rates and five months at

1980 rates the following rough equivalents emerge

Alexandria $1984000

Hawkesbury 2028400

Perth 1931100

Deep River 1974100

Smiths Falls 1999300

Salaries in towns of similar size elsewhere in the province

are somewhat higher than these figures and as might be expected

salaries in Ottawa Vanier Nepean and similar urban centres are

considerably more Nevertheless there are sound reasons to

weight more heavily salaries paid in towns of similar size (to

account for differences in policing functions) and towns in

nearby areas (to account for regional differences) more heavily

than the other data

In my view the data indicate that the Towns offer even

though it falls slightly below the CPI increase during the

contract period reflects the level of salary increases in the

community and in nearby police forces in similar communities

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

-10shy

I can see no justification for awarding an increase beyond that

offered by the Town particularly in light of the expensive

pension improvements Thus salaries will be paid for the

contract period on the following scale

Sergeant $2106000

First Class Constable 1971000

Second Class Constable 1825200

Third Class Constable 1684800

Fourth Class Constable 1533600

8 Annual Vacation

Having originally sought a vacation increase the

Association now only proposes a few additions to Article 18 which

would to some extent merely codify the present requirements of

Employment Standards legislation There is no demonstrated

necessity for these proposals To the-extent that these proposals

go beyond the legislative provisions they are not supported by

any substantial evidence or argument

These proposals are accordingly rejected

9 Medical Examination

The collective agreement now provides for mandatory

annual medical examinations at Town expense for all police

officers The Association strenuously opposes this provision on

the basis that its language is defective and that it could not be

enforced It also points to the availability of procedures under

Regulation 680 passed under the Police Act for requiring medical

examinations in some circumstances

I

I

I

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I

-11shy

I agree that the language of the clause leaves much to be

desired as a provision to regulate an important balance between

the Towns interest in the fitness of its police and the officers

interest in personal privacy this particular clause is vague and

unsatisfactory It provides for example for an appeal against

a medical opinion to another doctor How such an appeal would

work and which medical opinion would be final is entirely unshy

certain

I note also the decision not to insert a medical examination

requirement into a collective agreement in Re Board of Commissioners

of Police for the City of Kingston and Kingston Police Association

June 18 1979 (Barton) I agree with that learned arbitrators

reasons

Consequently although removing aprovision from an agreement

raises different issues than refusing to insert a new clause I

am persuaded to award that Article 2301 be struck from the colllective

agreement

10 Sick Leave

The Town requests an amendment to Article 16 to

the effect that the parties may re-negotiate the sick leave scheme

during the life of the agreement This is related to the Towns

consideration of a new Long Term Disability plan

I do not think that legally anything I can award would

alter the position of the parties under the Police Act in any way

They are always free to negotiate about anything and they are

always free to alter their agreement by mutual consent The only

force that could be added to that freedom would be in the nature

I

I

-12shy

of a formal reopener with arbitration available in case ofI

disagreement As I read the Police Act I have no authority toI

alter the bargaining patterns set out in the legislation The

I

Towns request is thus denied

I

This completes the award on the matters in dispute In the

I event that the parties experience any difficulty in reducing

I this award to new collective agreement provisions I retain

jurisdiction to the extent necessary to resolve any such diffishy

culty I wish to thank Mr Cameron and Mr Kelley for their

I

I

presentations in the course of the hearingI

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srI

DATED AT KINGSTON Ontario this ~ day of

I

January 1981

I

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I VAAP~ -KJnneth P Swan

I Arbitrator

I

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I

I

I

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I

-11shy

I agree that the language of the clause leaves much to be

desired as a provision to regulate an important balance between

the Towns interest in the fitness of its police and the officers

interest in personal privacy this particular clause is vague and

unsatisfactory It provides for example for an appeal against

a medical opinion to another doctor How such an appeal would

work and which medical opinion would be final is entirely unshy

certain

I note also the decision not to insert a medical examination

requirement into a collective agreement in Re Board of Commissioners

of Police for the City of Kingston and Kingston Police Association

June 18 1979 (Barton) I agree with that learned arbitrators

reasons

Consequently although removing aprovision from an agreement

raises different issues than refusing to insert a new clause I

am persuaded to award that Article 2301 be struck from the colllective

agreement

10 Sick Leave

The Town requests an amendment to Article 16 to

the effect that the parties may re-negotiate the sick leave scheme

during the life of the agreement This is related to the Towns

consideration of a new Long Term Disability plan

I do not think that legally anything I can award would

alter the position of the parties under the Police Act in any way

They are always free to negotiate about anything and they are

always free to alter their agreement by mutual consent The only

force that could be added to that freedom would be in the nature

I

I

-12shy

of a formal reopener with arbitration available in case ofI

disagreement As I read the Police Act I have no authority toI

alter the bargaining patterns set out in the legislation The

I

Towns request is thus denied

I

This completes the award on the matters in dispute In the

I event that the parties experience any difficulty in reducing

I this award to new collective agreement provisions I retain

jurisdiction to the extent necessary to resolve any such diffishy

culty I wish to thank Mr Cameron and Mr Kelley for their

I

I

presentations in the course of the hearingI

I

srI

DATED AT KINGSTON Ontario this ~ day of

I

January 1981

I

I

I VAAP~ -KJnneth P Swan

I Arbitrator

I

I

I

I

I

I

I

I

I

I

I

I

I

-12shy

of a formal reopener with arbitration available in case ofI

disagreement As I read the Police Act I have no authority toI

alter the bargaining patterns set out in the legislation The

I

Towns request is thus denied

I

This completes the award on the matters in dispute In the

I event that the parties experience any difficulty in reducing

I this award to new collective agreement provisions I retain

jurisdiction to the extent necessary to resolve any such diffishy

culty I wish to thank Mr Cameron and Mr Kelley for their

I

I

presentations in the course of the hearingI

I

srI

DATED AT KINGSTON Ontario this ~ day of

I

January 1981

I

I

I VAAP~ -KJnneth P Swan

I Arbitrator

I

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