Award Number 00-006

Chief Nick Kuipers
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Award Date: 2000-04-18
Arbitrator: Knopf, P.
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Municipality: Kingsville
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Region: South West
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Classifications: Severance Pay, Supplementary Awards, Pensions
Grievor: N. Kuipers
Length of Award:5 pp
Collective Agreements Cit.
Statutory Cit.


Severance Pay   Calculation – Section 40 arbitration – Calculation of wage loss to be based on salary at time of Disbandment – Supplementary award.

Supplementary Awards   Arbitration pursuant to Section 40 of Police Services Act – Parties seeking direction on issues of salary differential and pension loss – Not appropriate to assume salary increases during period of notice – Board liable for amount its pension contribution would have been but for OMERS contribution holiday.

Pensions   Section 40 arbitration – In assessing pension loss Board liable for amount its contribution would have been, but for OMERS contribution holiday – Supplementary award.

Award #

The Arbitrator's award of November 15, 1999 concerned the rights of Chief Nick Kuipers upon disbandment of the Kingsville police force Section 40 [see # 99-019]. The parties sought direction concerning the issues of salary differential and pension loss.

Chief Kuipers was awarded compensation for salary loss on the basis of a 24 month notice period. His counsel submitted that a 2.6% salary increase in 1999 and 2000 should be assumed. The Board submitted that a notional salary increase wasn't appropriate in assessing wage loss and was outside the Arbitrator's jurisdiction. The Arbitrator agreed that it was not appropriate to assume a salary increase, at least in this case. The wage loss should be calculated on the basis of the Chief's salary at the time of disbandment. The Arbitrator expressed concern about the delays in implementing the salary award because of uncertainty over the O.P.P. rate for the year 2000. She posited three alternatives and left it to Chief Kuipers to choose one of the three options.

The Chief's counsel submitted that pension losses should be calculated by totalling what he would pay into the O.P.P. pension during the 24 month notice period. However, the award was for the amount that would have been forwarded to OMERS but for the contribution holiday; that was the extent of the Board's liability for pension loss.

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