Numéro de sentence arbitrale 02-019

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Award Date: 2002-11-27
Arbitre: McLaren, R.
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Municipalité: Meaford-Thornbury
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Région: Central
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Classifications: Rank, Disbandment, Remedies, Pensions
Plaignant: M. Styles
Comparutions: No appearance, for the Association, D.S. Thompson, for the Grievor, pour l'Association
B. Bass, for the Employer, pour l'employeur
Longueur:9 pp
Référence conventions collective
Référence législative Police Services Act s. 40


Rank   - Disbandment of force - Grievor may have suffered loss of opportunity to become permanent Sergeant due to administrative confusion in period preceding disbandment - Compensation awarded in recognition of loss of rank and status upon transfer to OPP. Section 40

Disbandment   - Uniform members - Section 40 arbitration - Acting Sergeant hired by OPP as Senior Constable - Not appropriate to deem grievor to have been Sergeant for purposes of calculations under s. 40 - Grievor never confirmed as Sergeant - Comparison cannot be made on theoretical basis - Salary with OPP higher than salary of either permanent or acting classification with Employer. Section 40

Remedies   - Costs - Uniform members - Disbandment - Divisional Court decision indicating arbitrators have authority to issue costs determinations in these matters - Arbitrator fixing costs of grievor’s representation. Section 40

Pensions   - Uniform members - Disbandment - Acting Sergeant transferred to OPP as Senior Constable - Loss of contribution holiday with Employer pension plan partially offset by higher salary earned with OPP - Grievor awarded difference between salary increase and increased pension contributions. Section 40


The Meaford Thornbury police force was disbanded on September 3, 2002. Michael Styles was a long serving member of the force, with over 26 years of service. At the time of disbandment he had been an Acting Sergeant for two years. He was hired by the OPP as a Senior Constable. As an Acting Sergeant, the grievor was paid $62,225 in 2002. His salary upon joining the OPP as a Senior Constable was $63,622. The OPP Sergeant salary for 2002 was $70,176.

The grievor had attempted unsuccessfully to obtain a permanent Sergeant position with the Employer. In the two years preceding disbandment, there had been a succession of Chiefs and Acting Chiefs due to illnesses.


The grievor’s representative argued that since he held the position of Acting Sergeant for two years, he should be treated as a Sergeant for purposes of all entitlements arising from the disbandment, including loss of the OMERS contribution holiday, loss of rank, vacation entitlement and other benefits. The grievor also sought legal costs.

The Employer pointed out that the grievor’s salary with the OPP was higher than the salary of either his acting or his permanent classification with Meaford Thornbury; therefore there was no loss of pay. The Employer argued that since the grievor was never confirmed in the rank of Sergeant, comparisons for the purpose of calculating losses could only be made in relation to his actual position.

# de sentence arbirale

Compensation could not be awarded on a “deemed equivalency” basis. The grievor merely acted in the position of Sergeant; he was never confirmed in that rank. Comparisons for the purpose of this section 40 determination couldn’t be made on a theoretical basis; rather, they must relate to the actual position held prior to disbandment. In this case there was no salary loss, since the grievor’s salary with the OPP was higher than either the First Class Constable or Acting Sergeant rate with the Employer. However, the Arbitrator felt that it was appropriate to compensate Mr. Styles for the loss of rank and status associated with his transfer to the OPP. Through no fault of the Employer, the police service had been in a state of administrative confusion and upheaval in the two years prior to disbandment: due to a succession of illnesses, there had been a succession of replacements of the Chief. The grievor may have lost an opportunity to become a permanent Sergeant as a result. The Arbitrator awarded him compensation in the amount of $6500 for that loss, representing the difference between the OPP Senior Constable and Sergeant salaries.

Upon transfer to the OPP the grievor had to make contributions to the PSPP fund, whereas with the Employer he would have continued to enjoy the contribution holiday under OMERS. However, the pension losses were partially offset by an increased salary. The Arbitrator awarded the difference between the two, being $3408.74.

The Divisional Court had reviewed the disbandment arbitration decision of Point Edward Police Services Board and Leo Mayer, and in a decision dated April 30, 2001 the Court held that arbitrators have the authority to issues costs determinations in these matters. Accordingly, the Arbitrator fixed the grievor’s costs of representation at $2500.00

Autorités cité

· Town of Wiarton and Chief Constable Alfred Schultz (Jackson, 1988)

· Orillia Police Services Board and Orillia Police Association (Jackson, June 12, 1997, OPAC #97-015

· Kingsville Police Services Board and Chief Nick Kuipers (Knopf, Nov. 15, 1999, OPAC #99-019)

· Corporation of the Town of Parry Sound and Kenneth Cooke et al. (Swan, 1989)

· Renfrew Police Services Board and Renfrew Police Association (Simmons, Nov. 15, 2001, OPAC #01-023)

· Point Edward Police Services Board and Leo Mayer (Kirkwood, May 12, 2000, OPAC #00-008)

· Goderich Police Services Board and Lonsbary & Brownlee (Burkett, Oct. 15, 1999, OPAC #99-024)

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