~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

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

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

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

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

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

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

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

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

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

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