I"-61 AYLMER Dateof award - .

~ 7b-orl.. July 19, 1976

; FILECOpyOFAGREEMENT O.P.A.C.

llJ THE MATIEROF THE POLICE Acr R.S.O. 1970, c.35l, AS AMENDEDAND IN THE l'r1AT'IEROF AN ARBITRATION

BE'IWEEN : THE CORPORATION OF THE 'IDWNOF AYLMER (hereinafter called the Cbrporation)

Al'ID: THE AYilv1ERPOLICE ASSOCIATION (hereinafter called the Association)

ARBITRA'IDR: MR. GEORGES.P. FERGUSCN,Q.C.

APPEARANCES:

For the Corporation of the MR. PETER J. GLOIN, C01.ll1sel ToNn of AyJ..rrer MR. SYDNEYGLOVER,Deputy Reeve

IYIR.DOt'ffiLDPEARSON, Councillor

APPEARANCES: For the Aylmer Police MR. DONALDW. STANNARD, Spokesman Association MR. LARRY DICKSON, President

MR. HENRY GEHRING, Secretary-Treasurer

AWARD

A hearing was conducted in Aylrrer, on June 29th, 1976.

At the ccmrenrerrent of the hearing the parties agreed that the

arbitrator had been properly designated under The Polire Act and

washad jurisdiction to deal with the matter in dispute. It

further agreed that the tine limits as prescribed by The Police Act

for the carmencement of arbitration proceedings had been complied

with and that in the event the award of the arbitrator required

clarification, then at the :request of either party, the arbitrator

would renain seized of the matter for that purpose.

'Ihe jurisdiction of the arbitrator is to deal with the

terms of the agreerrent between the parties which will run fran March 1st,

1976, to February 28th, 1977.

Having regard to the agreerrent of the parties, the terms

of a nem::>randurnwhich incorporates the settlerrent on all issues

except salaries, is attached hereto as Appendix "A" to this award and

forms part of this award.

The single issue which must be dealt with by the arbitrator

is the question of salaries.

The police force in the TCMl of Ay:lIrer is made up of a

Chief of Police, one Sergeant and five Constables. The TCMl of AylIrer

which has a population of approximately 5,000 is located in "tobacco

country" and it would seem that a substantial portion of the population

earn their living outside of the tCMl limits.

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The Association has confirrred its intention to recognize

the Federal Anti-Inflation guidelines and the regulations relating

thereto for the purpose of receiving a salary adjusbTent.

The salaries paid to forces in cornrmm.ities in the irnrrediate geographic area

are as follows:

1975 Salaries 1976 Salaries As Negotiatec Ingersol $14,150. $16,343. Tillsonburg 14,953. 16,449. NOl:wich Township 14,490. 15,939.

The average salary for these three forces would be

$14,531.00 for 1975, and $16,244.00 for 1976.

The salaries paid in AyJJrer under the last agreenent

are as follCMS:

Sergeant $14,812. First Class Constable 13,900. Second Class Constable 13,092. Third Class Constable 12,476. Fourth Class Constable 11,222.

St. Thanas is located only twelve miles from AyJner and

it has a police force of forty-three nerrbers. The rate for a First

Class Constable in St. Thomas was $14,471. in 1975. and through a 12%

increase this salary is now established to be $16,208. for 1976.

By attempting to retain the relevant salary position

of the AyJner Force with the average salary paid to forces in the

irnrrediate area but, at the sane time, providing a salary adjusbTent

within the A.LB. guidelines, one must give substantial weight to the

evidence adduced by the Association as to what salary adjusi::nEnt

is permitted under those guidelines..

The. 1975 salary in AyJner for a First Class Constable

is $631.00 belav the average paid in Ingersol, Tillsonburg and Norwich

Tcwnship. If one attenpted to retain the sane dollar differential

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for the purpose of the 1976 salary then the rate would have to be

approximately $15,6QO. The dollar differential between Aylmer and

St. Thomas in 1975, was $571.00 and if one retained the sane dollar

differential for 1976 between Aylmer and St. Thomas, one v,Duld still

COTIE upwith a figure of approximately $15,600.

The Corporation proposes a dollar increase for each

rank am:mnting to $695.00 and it is suggested that this increase

arrounts to a 5% salary adjustIrent across-the-board. ArithIretically

this conclusion is not accurate because the proposal would give a greater

perrentage increase to the lONer ranks.

It is TIo/conclusion that the proposal of the Corporation

cannot be supported. Based on the representations made to Ire by the

Counsel for the Corporation, I amclude that the Corporation has a

tendency to "dcmngrade" the iIrportant role played by its polire force

in the cx:mm.mity. While I have no doubt that there are many advantages

enjoyed fran residing in the Tavn of AyJ.roer, these advantages should not

becone detrirrental factors when detennining the type of polire service

being made available to the citizens. No doubt the citizens of Aylner

give substantial backing to their police force but just because AyJ.roer

is a relatively peaceful rorrmunity, where the workload for a policeman

may,on occasion, be lighter is no reason to conclude that police salaries

should be lONer in a ccrnnunity having less criminal activity. The

advantages of residing in AyJ.roer may be a direct result of an efficient

and well respected police forre. The further factor that nanbers of

the o. P. P. are available to assist the local police forre should not be

used to support a smaller adjustrrent.

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The Association has p~epared and presented substantial

evidence on the salary adjustment which is permitted under the guidelines.

Based on this evidence which is not disputed by the Corporation and

based on IT!Yconclusion that the ID8II1bers of the Aylner Force must

retain a proper salary relationship with the salaries paid to forces

in the irmrediate area, I award the following salaries to be effective

on a fully retroactive basis on March 1, 1976, and up until February 28, 1977.

Sergeant $16,738.00 First Class Constable 15,707.00 Serond Class Constable 14,663.00 Third Class Constable 13,973.00 Fourth Class Constable 12,456.00

I wish to J;ecord IT!Yappreciation to the representatives

of the parties for their rourtesy and assistance in this matter.

All of which is respectfully submitted.

DA'JEDat Toronto this 19th day of July, 1976.

- t,L~

.P. FERbusoojQ.c.

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, 28APPENDIX tilt-

MEMORANDUM OF SETTLEMENT

BET WEE N

TOHN OF AYLMER

hereinafter referred to as

liThe Corporationll

-AND-­

THE AYLMER POLICE ASSOCIATION

hereinafter referred to as

II'i'I ~r+n-''-G..fr-II ;J/; ,1'7 (; -/C /)~/. Ie .t..-­

/lIS dC 1,111 [ill

1. The parties herein agree to the terms of this memorandum,

as constituting full settlement of all matters in dispute,

with the single exception of Salaries, Article 23.

2. The undersigned representatives of the parties do hereby

agree to recommend complete acceptance of all the terms

of this memorandum to their respective principals.

3. The parties herein agree that the term of the collective

agreement shall be from March 1, 1976, to March 1, 1977.

4. The parties herein agree that further discussion of salaries,Article (23) shall be referred to arbitration.

5 . The parties herein agree that the said collective agreement

shallin~lude the terms of the previous collective agreement

which expired on March 1st, 1976, provided, however, that the

following amendments are incorporated:

(a) All matters previously settled and agreed to by the

parties prior to the date hereor.

(b) Article (7) HOURS OF WORK

Be amended to read;

(7) a The work week shall consist of forty hours, five days

per week, eighe hours per day, w~th two successive

days off each week, inclusive of lunch or relief periods.

(7) b The lunch period for all members of the forc~ shali

be 3/4 of an hour, with such lunch period']I

permissable

outside of the police billiding provided that any such

officey is in constant co~munication with the office.

(7) c When a member of the for~~ is required to work in

excess of ten consecutive hours, he shall be entitled

to receive a meal allowance of $3.00 for each such. ,perlOG.

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(7) d Work schedules during the Christmas and New Year

(c)

(d)

(e)

(f)

holidays will be so arranged to provide that all

officers will be off duty 6n ei~her of Christmas

Eve and Christmas Day, or New Year's Eve and New

Year's Day. Seniority will apply to determine

first selections in 1976, the next years the days

off will reverse.

ARTICLE (8) OVERTIXE

New subsection to be added:

(8) b Where possible, payment for any such overtime

will be paid on the first pay of each month.

ARTICLE (9) COURT ATTENDANCE

Be amended to read:

(9) a Each member of the force required to attend

court during his off duty hours shall be en­

titled to receive (3) hours pay for each morning,

afternoon or evening session; with the payment to

be made each month on the certificate of the Chief

of Police, certifying as to such attendance in off

duty hours. All court witness fees in or out of

Town to be paid. to the Town Treasurer.

(9) b Court sessions to be defined as follows; morning

session from 9:00 a. f,1.to 1:00 p.m.; afternoon .

session tram 1:00 p.m. to 5:00 p.m.; and evening

session from 5:00 p.m. until adjournment.

(9).c Any member of the force required to attend court

while on a scheduled vacation period shall receive

time and 4 the alloted time for such ap'pearance.

ARTICLE (12) HOSPITAL, M-EDICAL, SURGICAL PLAN

Be amended by deletion of;

(12) 4 "$10 and $20 deductable for single and family

respectively."

ARTICLE (13) BEREAVEMENT LEAVE

Be amended to read;

(13) i Any member of the force shall be granted a

maximum of three days leave excluding regularly")

scheduled days off, and to include the day of

burial, if in Ontario, and five days if out of

Ontario. Such time to be granted without loss

of payor seniority, and to be granted in case

of the death of his parent, foster parent, wife,

brother, sister, child, father-in-law, mother-in­

law, or any second degree relative who has been

residing in the same household.

One half (~) day may be granted to attend a funeral;is ,q n;il1-hp,:"pr i'''' r:.-v-."'~~ :~~ .:.,

,..,

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(g) ARTICLE (21) ATTENDA~CE AT ASSOCIATIO~ MEETIXGS AKD

CONVENTIONS

Be amended to read;

A member of the association will be granted leave of

absence without loss of pay, as is necessary, to attend

the Annual Convention of the Police Association of Ontario,

or any general or special general meetings of that

association, such leave of absence not to exceed seven (7)-­

days in anyone calendar year.

(h) ARTICLE (24) TERMINATION AND RENEWAL

This agreement shall be binding and remain in effect

from March 1, 1976, to March 1, 1977, and thereafter

remain in effect until replaced by a new Agreement,decision or award. Either party shall give to the other

party, notice in writing, at least one (1) month prior

to the termination date mentioned above or th£ anniversary

t~aeof, that it desires to amend the Agreement. Such

notice shall contain, in detail, the desired changes.

(i) ARTICLE 23 SALARIES

To be amended to correspond with the results of

arbitration proceedings.

ARTICLE 11 VACATION (,/{)W

To be amended by deleting September 30 ~,tVyV

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