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-166) Hearing Date of awardlJA/j fORi.
CONCERNING an arbitration Sault Ste.Marie Nov.4, 1980I .
pursuant to The Police Act,R.S.O. 1970, C. 351, as amended eO -0 /B
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Between:
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THE SAULT STE. HARIE BOARD OFI COMMISSIONERS OF POLICE
(hereinafter referred to as the Board)I
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THE SAULT STE. HARIE POLICE AS~OCIATION
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RE: 1980...81 Collective. Agreement for Uniform PersonnelI
Arbitrator: J .W. SamuelsI
Appearances:I
For the Board
J.F. Kelleher, Q.C., Principal Spokesman
Relations
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C.R. Bernardi, birector of Personnel and Labour
J.L. McIntyre, Chairman of the BoardI R.~. McEwen, Chief of Police
E. Anderson, Deputy Chief of Police
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For the Association
G. Priddle., CounselI
D. Stannard, Spokesman concerning.pensionst1.Doan, PresidentA. Shuttleworth, Treasurer
I W. McLeod, SecretaryB.Green, Vice-PresidentB. Shortt, Civilian RepresentativeJ. Linklater, Civilian Representative
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CONTENTS
Page
INTRODU'CTION-. . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . ;. . . . . . . . . . 1
SAULT STE. ~1ARIE AND ITS POLICE FORCE................ 1
MATTERS AGREED BY THE PARTIES........................ 3
4COMPARISONS. . . . . . . . . . . . . . .- . . . . . .. . . . . . . . . . . . . . . . . . . . .
MATTERS IN DISPUTE (DETERMINED IN THIS AWARD) ........ 9
l. Pensions. .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 92. Salaries. . . . . . . . . . . . 13. . . . . . . . . . . . . . .. . . . . . . . .
3. Rank Differentials ':. . . . . . . . . . . 14
4. Clothing Allowances........................ 155. Sick Leave" ,....................... 18
MATTERS IN DISPUTE (TO BE DETERHINED LATER) .......... 19
1. Manning of Patrol Cars and Hours of Duty... 19
CONCLUSION AND RETROACTIVITY......................... 20
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1.
INTRODUCTION
The parties were unable to agree on all the terms
of their 1980-81 Collective Agreement, which will run from
February 1, 1980 to January 31, 1981. At the request of the
Association, and pursuant to section 32 of The Police Act,
R.S.O. 1~70, c. 351, as reenacted by the provisions of
section 2 of The Police Amendment Act, S.O. 1972, c. 103, I
was designated by The Honorable Roy McMurtry, Solicitor-
General for Ont.ario,as the arbitrator to..hearand determine
all matters in dispute.
The appointment of the arbitrator was made on
October 1, 1~80 and our hearing took place on October 21 in
Sault Ste. Marie. During the course of the hearing the list
of matters in dispute was clarified and this award deals
with all such matters, except the Board's proposal concerning
the manning of patrol cars and hours of duty. With respect
to this latter issue, we have agreed to reconvene on February
2, after the parties have had the opportunity to discuss the
ramifications of the proposal.
SAULT STE. MARIE AND ITS POLICE FORCE
The city which I had the pleasure to visit is an
industrial centre with a population of about 81,000 people.
Located on the border with the United. States, and having a
twin city (Sault Ste. Harie,Michigan), Sault Ste. Harie is
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the Canadian entrance to northern ~nd lower Michigan, and
the rest of the U.S~ mid-west. In Canada, the nearest large
cities are Sudbury (200 miles to the east) and Thunder Bay ,.
(450 miles to the west).
The Algoma Steel Corporation is the centrepiece of
the city's industEY. Employing 12,000 people, AlgomaSteel
accounts for some 50% of the tax base - the Corporation
itself pay's about 25%, and the employees another 25%.
Abitibi Paper, Weyerhaeuser, and other smaller industries
employ most of the other members of the largely blue-collar
work force. Tourism is the second largeSt ~ndustry in the
city.
While Sault Ste. Harie is the twelfth largest city
in Ontario, its average weekly wage is between the third and
sixth highest in the province. With the high wages goes a
fairly high cost-of-living relative to the rest of the
province.
The Police Force has a complement of 119 police
officers. At the moment there is one unfilled position at
the rank of Fourth Class Constable. The hrea.kdown of the
ranks represented by the Association is as follows:
Uniform Division1 Inspector4 Staff Sergeants5 Sergeants
£1 First Class Constables2 Third Class Constables9 Fourth Class Constables (1 vacancy)
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Criminal Investigation Division
1 Inspector2 Detective/Sergeant1 Sergeant10 Detectives9 Const.ables
Administration and Services Division1 Inspector2 Staff Sergeants3 Sergeants8 Constables
For 1979-80, the payroll for this group of officers
was $2,590,103.
MATTERS AGREED BY THE PARTIES
The parties have agreed that their 1980-81 Col
lective Agreement will be in the same terms as the 1979-80
Agreement, except with respect to the matters in dispute and
the 'following agreed changes
1. Article 18 shall be amended by changingthe word "City" to "Board".
2. Article 27(c) concerning dental coverageshall read "1980 Ontario Dental Associationfee schedule" effective January 1, 1981.
3. There will be a new article that reads:
"In this agreement the use of themasculine gender shall include the'feminine gender".
4. The salaries for ranks below First ClassConstable shall now be calculated accordingto the following schedule
Second Class Constable - 90% of theFirst Class Constable
Third Class Constable - 80% of theFirst Class Constable
Pourth Class Constable - 70% of theFirst Class Constable.
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4. "
. COMPARISONS
. One of the fundamental considerations in establishing
monetary items in a collective agreement is the comparison"
between the particular group of employees and other relative
groups. The-difficult question is who are the comparable
groups.
The parties urged upon me various comparisons, and
I think it would be best to deal with this matter in a
general way before proceeding to a discussion of the matters
in dispute. The comparisons suggested were:
a. SUDBURY and THUNDER BAY
These are the other two major urban centres\
in Northern Ontario. Sudbury has a population of 97,604,
but its police force serves the Sudbury Region and has,
therefor~, a very large area to police and a much greater
population to serve (167,621) than the municipality alone.
Thunder Bay has a population of 111,476.
The Association argues that a policeman in Sudbury
is doing the same job as an officer in Sault Ste. Marie,
though one man serves on a regional police force and the
other is on a municipal force. To a large-extent this is
true, but it cannot be forgotten that the-wages, benefits
and other working conditions for a regional police force
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take into account all the officers on the force and meet the
needs and demands of all the members of the force. The fact
that officers may be transferred from one location to another,
with the problems associated with such a move for the whole
family, is only one factor that distinguishes service in a
regional force from service in a municipal one.
While the comparisons with Sudbury and Thunder Bay
are relevant, they are not decisive.
b. BRAMPTON, BRANTFORD, GUELPH, SARNIA,ST. CATHARINES, OSHAWA, PORT ARTHUR,SUDBURY "
This was the list of "fairly comparative" muni
cipalities used in the 1966 arbitration award establishing
the "collective agreement fot the Sault Ste. Marie Police
Force.
I have significant reserv~tions about carrying on
this comparison today. So much has happened since 1966 to
change the character and legal status of these municipalites." .
Oshawa is now policed by the Durham Regional Police Force.
Port Arthur has been amalgamated with {ts old neighbor Fort
William to form Thunder Bay. Sudbury is now policed by the
Sudbury Regional Police Force. The Brantford Police Associ
ation is not a member of the Ontario Police Association and
Brantford is recognized as having fallen behind economically
in the in~ervening years.
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think there is little value in isolating this group of
municipalities for special consideration.
Relationships do not stand static over time.
c. ALL CITIES IN ONTARIO WITH A POPULATION OVER 50,000, EXCLUDING METROPOLITAN TORONTO
The Association suggested this list of 22 cities
to me. The average population is 123,482. Sault Ste.
Marie, with its population of 81,000, is the thirteenth
largest of the 22, but has the fourth highest average
weekly wage of the 16 cities'for which the average wage
was shown. The striking thing about the chart presented by
the Association is that the annual saYary for 1980 of the
First Class Constable doesn't bear much relation to the
relative average weekly wage in the municipality. For
instance, Niagara Falls is shown as th~ 14th highest in
wages, but has the highest salary of the 16 - perhaps be
cause this is a regional police force.
This list is too broad to be of decisive value.
However, it does illustrate the "ballpark" within which
police salaries are found inOntario~
d. ALL MUNICIPALITIES AND REGIONS IN ONTARIO~7ITH A POPULATION OVER 50,000, EXCLUDINGHETROPOLITAN TORONTO, BUT INCLUDING THEO.P.P. .
A similar conclusion can be reached with respect
to this list as in the case of the previous list -- not
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decisive, but useful to indicate the "ballpark".
e. CITIES WITH POPULATIONS BETWEEN 65,000AND 111,000
This list of nine centres is more selective and
potentially more useful. It includes:
Thunder Bay 111,476Oshawa 107,023Burlington 104,314Sudbury 97,604Cambridge 72,000Niagara Falls 69,423Guelph 67,538Brantford 66,9'50North Bay 51,639
The problem is that five of these are served by regional
police forces:
Oshawa- Durham Regional Police ForceBurlington - Halton Regional.Police ForceSudbury- Sudbury Reg',ional Police Force
.Cambridge - Waterloo Regional Police ForceNiagara Falls ~ NiagaraRegional Police Force
I have already mentioned the distinction usually
drawn between municipal and regional police forces. It is
also the case that the province o£fers a higher per capita
policing grant to municipalities policed by a regional force
-$15 instead of $10 per capita.
f. co~rnUNITIES OF RELATIVELY EQUAL SIZEWITH APPROXIMATELY THE SAME POLICECOHPLEMENT
The Board suggested this comparison and I agree
that it is'the most relevant comparison group. The list
includes:
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Population Complement
Brantford 68,890 101 Gloucester 65,050 76 Guelph Kingston Nepean North Bay PeterboroughSarnia
71,349 61,088 82,000 51,000 59,181 52,584
110 104 101 88 95 97
Thunder Bay 111,435 181
g. OTHER HUNICIPAL EHPLOYEES
Many Boards of Arbitration hav~.reiterated that,
_by and large, police should be compared with I police. I
agree in this general rule. The job of a police officer is
not like that done by other municipal employees and the
compensation to an officer must reflect this difference.
The comparison with other municipal employees is normally of
little- value.
h. EMPLOYEES OF ALGOMA STEEL
With respect to several matters in dispute, the
Board urged me to consider the situation at A1goma Steel.
The rationale for this is that the poli~e officer must live
and work within a community and his compensation (including
benefits) must reflect the circumstances of the taxpayers in
the community. I agree with the Board, particularly where
one industry accounts for roughly 50% of the tax base in a
municipality.
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The problem is that full and accurate informa~ion
on the compensation package at Algoma is impossible to come
by. This is especially the case on pensions. No figures
were forthcoming on the cost per e~ployee of the Algoma
Steel pension plan. This lack of hard facts makes any real
comparison with Algoma illusory. I might say that my
limited information seems to indicate a fairly generous
compansation package at Algoma, and this would account for
Sault Ste. Marie's relatively high average weekly wage.
MATTERS IN DISPUTE (DETERMINED IN THIS AWARD)
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1. Pensions
The current pension provision offers
- retirement at 60
- basic O.M.E.R.S. plan
- contribution rate of 8% for officers
- O.M.E.R.S. Supplementary Type I planproviding "true past service" for allyears of 'credited service with amaximum of 35 years' service, withall past service costs borne by theBoard.
The _Association requests the addition of the full
O.M.E.R.S. Supplementary Type 3 plan providing
an early retirement benefit to permitearly retirement without actuarial reductionin benefits within ten years prior to amember's normal retirement date, when(A) the member is declared by the employer
to be unable to perform the duties ofhis/her employment due to mental or
physical incapacity (partial disability),or
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(B) the member has completed 30 years of seryice with the employer
all past service costs be paid by the Board
the future service cost of 2% of salary bepaid by the board.
At the hearing, I received lengthy and well-pre~
pared written briefs on this mat~er from both parties. The
arguments were explored fully and I have reread and recon
sidered what was offered me.
The fact is that an overwhelming number of police
forces and police officers have "this benefit in Ontario -
83% of all municipal police officers in the province have an
early retirement system; of the 17 municipal forces with a
strength of over 100 officers, 89% of the officers are
provided with an early retirement benefit.
I will not go through the meaning of these bene
fits.. They were set out clearly in Hr. Stannard's brief and
both parties know clearly what is involved. Furthermore,
many arbitration awards "(some of mine as well) have gone
through the matter in detail. The existence of other early
retirement possibilities under the basic O.M.B.R.S. plan,
the Canada Pension Plan, or the Long-Term Disability Plan,
do not do away with the real benefits offered by this sup
plementary plan. Nor do I think the "ripple effect" need be
considered -- that is, the suggestionthat, if the police
achieve this benefit, other municipal employees will have to
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be given the same benefit. The early retirement plan is of
peculiar benefit to police officers because of the nature of
their work and the same considerations do not apply to other
municipal employees.
In my view, -this supplementary plan in full should
be added to the collective agreement. The only _question is
the financial arrangements as a result of the addit"ion. I
think that it-is fair for the parties to share the future
service costs. This is done in many of tae agreements
offering the early retirement system. Insofar as the past
service cost of $1,260,284 (or $129,759 per year for 15
years), the Board should meet this cost, BUT this achieve. -
ment by the Association must be taken into account when
other monetary requests -are considered. The overall com
pensation package is at issue. If there is a significant
gain in one element, other elements must be less generously
enhanced. The past service cost alone means an increase of
5% for each employee. With the additional future service
cost of 1%," this award means 6% for each employee.
The Association asked that this benefit be awarded
as of January 1,1981. The Board pointed out that this
would mean it would have to pick up the 1% (which would have
been paid since February 1, 1980 by the member, if theI
benefit was introduced as of the commencement date of the
contract) as part of the past service cost. The Board has a
good point here. The O.M.E.R.S. costing was as of January
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1, 1980. If the benefit is awarded as of January 1, 1981,
the Board's past service cost ~ill be greater than $1,260,284.
However, I think it is best to introduce the benefit as of
January 1, 1981, but to take the additional past service
cost into account in weighing other'monetary requests.
I cannot leave this matter without reference to a
point made very persuasively by the Board. It was suggested
that the private sector, where the right to strike exists,, ,
does not have such generous pension benefits and that this
indicates that private sector employees are not willing to
strike for these generous pension benefits. The Board went
on to suggest that arbitrators must consider this in public
sector awards. I agree completely that it is relevant to
consider what might be achieved if the public sector em
ployee had the right to strike. Compulsory arbitration is
not a legislated gift-giving process. However, I don't
think the facts bear out the Board's point. The only evi
dence presented was the limited information -on the Algoma
Steel plan. After cur discussion at the he~ring, and after
rereading the material given to me, the incomplete picture
get is of a fairly generous non-contributory (by the em
ployees) pension plan. "Eye-balling" seems to indicate that
this plan costs the employer nearly the same as the O.M.E.R.S.
plan costs the Board. Other private sector plans offer a
range of benefits. Where the early retirement benefits are
not as generou~ as those 'obtained by the police, it may well
be because the employees do not need such protection given
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the nature of their work. The situation in the private
sector should be considered, but fairly', bearing in mind all
the relevant differences in the type of work and pension
needs, and on the basis of full information to enable
meaningful comparisons.
2. Salaries
The Board points out that a comparison with the
communities of relatively the same size and with approxi
mately the same police complement indicatesthat the average
annualized rate in the nine comparable forces is 22,971 or
7.2% above the current rate for a First Class Constable in
Sault Ste. Marie.
In its initial request to the Board, the Associ
ation asked for an i~crease of 17%, but at the hearing no
specific figure was suggested. The Association 'instead
offered a range of comparisons. As well, the Association
argued that the pension increase should not affect the
salary increase on a total compensation basis because the
pension increase comes late. The Board has had a "free
ride" for several years and now a pension catch-up is neces
sary. This catch-up should be independent of other monetary
gains. I cannot agree with this latter point. Previous
settlements and arbitration awards have been arrived at on a
total compensation basis. If pensions fell behind, it meant
better gains elsewhere. Now the balance is shifting in
favor of pension benefits.
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In my view, after reconsidering all the evidence
and arguments, I think that a salary of $23,000 for the
First Class Constable in Sault Ste~ Marie is fair and
equitable in all the circumstances. This translates into an
across-the-board increase of 7.3% over the end rates in the
1979-80 Collective Agreement.
3. Rank Differentials
The current salary differentials for ranks above
First Class Constable are:
Sergeant 110% of the salary of theFirst Class Constable
. Staff Sergeant 117% of the salary of theFirst Class Constable
Inspector 18% of the salary of theFirst. Class Constable
The Association requests that these differentials
~ove to 110/120/130. To support the proposal, the Associ
ation offers a list of 22 forces with the average differ
ential and a comparison with the results of a 110/120/130
formula. The table indicates that the average annualized
salaries through the ranks have a wider gap than 110/120/130.
In other words, applying the proposed forQula to the average
salary of a First Class Constable results in lower average ,
salaries for the other ranks than is actual~y the case.
However, there is wide fluctuation within the list. Some
forces show less than a 110/120/130 spread, and others show.
a greater differential.
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I don't think that this look at averages is very
meaningful without some evidence on the actual differential
responsibilities through the ranks in the other forces and
in the S'ault Ste. Marie Police Force. Without this addi
tional information, I am not willing to grant the request.
4. Clothing Allowances
The current agreement has a lengthy provision
concerning clothing allowances:
UNIFO~l AND CLOTHING ALLOWANCE
22. All uniformed Police Officers to be suppliedthe following equipment:
(a) One uniform per year, a uniform to consist of one tunic and two pair of trousers.~.vinter and summer un-iforms to be issued
in alternate years.
(b-) Four regulation shirts with shoulderflashes yearly. Shirts to be selectedby the Board and a Committee appointedby the Police Association.
(c) One uniform cap, yearly, if required.-
(d) Police Officers to be allowed an annualallowance of sixty dollars ($60.00) forboots and overshoes.
(e) One winter type coat suitable for existingweather conditions. This is to beissued once every three years.
(f) Rain wear consisting of raincoat and capcover to be issued as required.
(g) Two regulation ties per year.
(h) Uniformed Police Officers shall wearinsignia to correspond ,with tbeir rankand service in accordance with thePolice Act and Regulations.
(i) A service badge shall be issued to each Officer to be worn upon his uniform to
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indicate the completion of each fiveconsecutive years' service.
PLAINCLOTHES OFFICERS
(j). PlainclothesPolice Officers to receivean annual suit allowanc.eof two hundredand twenty-five dollars ($225.00).
(k) Plainclothes Police Officers to receivea spring and fall coat allowance ofseventy-five dollars ($75.00). This isto be issued once every three years.
(1) Plainclothes Police Officers to receive. .
a winter overcoat allowance of onehundred and twenty-five dollars ($125.00).
- This is to be issued Gnce every threeyears.
(m) Plainclothes Police Officers to receiveari annual hat allowance of fifteendollars ($15.00).
(n) Plainclothes Police Officers to receivean annual shirt allowance of forty-fivedollars and eighty cents ($45.80).
(0) Any Police Officer working in plainclothes for a period of thirty days orlonger shall be supplLed plainclothes oran allowance of one dollar ($1.00) perday. This sum not to ex~eed two hundredand twenty-fivedollars ($225.00)..
(p) Plainclothes Police Officers to receivean annual allowance of sixty dollars($60.00) for footwear.
(q) The Board shall provide to each PoliceOfficer sufficient cleaning voucherswhich will permit the cleaning of auniform twice a month. A uniform toconsist of one tunic and two pair oftrousers. Plainclothes Officers shallalso receive the same number of vouchers.
(r). Any P6lice Officer (either uniformed orplainclothes) who has clothing soiled ordamaged in the course of duty, shallhave his clothing cleaned or repaired orreplaced at the cost of the Board. Thissection is not intended to cover normalwear or soiling of clothes.
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(s) All clothing allowances shall be paid in voucher form and shall be over and above any tax payable thereon.
The Association's requests read as follows:
Article 22 - Uniformed Officers' Boot and Overshoe Allowance
Amend 22 (d) to provide an allowanceof $95.00 annually for boots and overshoes.
Article 22 - Plainclothes Officers' Allowance'
Amend to provide:
(j ) Annual suit allowance of $260..00annually.
(k) Spring and fall coat allowance $85.00 once every three years.
(1) Winter overcoat allowance $175.00 once every three years.
(n) Annual shirt allowanceof $55.00.
(p) Footwear allowance annually of $95.00.
(0 ) Amend to provide $2.00 per day. Delete maximum.
The cost of these requests is $35 per year for
uniformed officers and about $99 per year for plainclothes
officers. The Board argues that these requests amount to a
much greater increase than the 12.3% rise in the clothing
index under the Consumer Price Index./.
I think it would be fair to award the following
amendments in Article 22:
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(d) Change $60.00 to $77.50
(j) (k)
Change Change
$225.0,0 to $250.00 $75.00 to $83.00
(1) (n)
Change Change
$125.00 $45.80
to $155.00 to $51.00
(p) Change $60.00 to $77.50 (0) Change $1.00 to $1. 30 and
$225.00 to $292.50
5. Sick Leav:e
The current sick leave provision offers a maximum
accumulation of 240 days. The Association requests that
this "cap" corne off and that the current sick leave f0r each
member be recalculated as if there had never been a limita
tion. It should be pointed out that there is no pay-out
provision for accumulated sick leave credits. The old pay
out rights were purchased by the Board in 1963.
The Association argues that comparable forces have
no limitation in this area.
The Board does not deny the comparison but argues
that accumulation of sick leave is not the way to deal with
the potential problem of long-term illness. Rather, appropri
ate insurance coverage is the answer. However, no adequate
evidence was provided of possible insurance programs.
I agree with the spirit of the Association's
request but the Board makes a valid point that other means
of dealing with the problem should be explored. The parties
should examine possible insurance coverage. If no agreement
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c~n be reached between the parties, then a range of solu
tions should be proposed to ~ subsequent arbitrator. -The
underlying basis of the request is protection for the officer
with a long-term illness. A decision on the request has no
practical ramifications right now. The parties have time to
gather more information and explore other solutions.
The request is denied.
MATTERS IN DISPUTE (TO BE DETERMINED LATER)
1. Manning of Patrol Cars and Hours of Duty
Articles l4(b) and 20 of the current agreement fix
the hours of duty and provide for two-man patrol cars at
certain times.
The Board made it clear in negotiations it wished
'to have amendments to these two articles~ However, the -
precise changes and their implications were made known for
the first time at our hearing.
I made it clear that this did not give the Asso
ciation an opportunity to respond adequately. Hence, we
suspended discussion of this matter and will resume on
February 2, 1981, after the parties have had a chance-to
discuss the Board's proposals.
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CONCLUSION AND RETROACTIVITY
I want to thank the parties for their cooperation
during the hearing, for their helpful written briefs, and
for able argument.
From February 1, 1980 to January 31, 1981, their
Colle9tive Agreement will be in the same terms as it was for
the previous year, except as they have agreed or I have
awarded here. The changes in salaries, and clothing allow
ances will take effect as of February 1, 1980. The new
pension benefits will take effect on January 1, 1981.
I reserve my jurisdiction to interpret any part of
this award which is not clear and precise.
We stand adjourned until February 2, 1981.
Done at London, Ontario, this LfLi: day of ~~~, 1980.
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