Numéro de sentence arbitrale 02-020

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Award Date:	2002-11-27
Arbitre:	McLaren, R. Voir les prix par McLaren, R.
Municipalité:	Meaford-Thornbury Voir les prix а partir de Meaford-Thornbury
Région:	Central Voir les prix а partir de Central
Classifications:	Disbandment, Vacation
Plaignant:	A/Sgt. Styles and S.C. Parish
Comparutions:	M. Styles, for the Association, pour l'Association B. Bass, for the Employer, pour l'employeur
Longueur:	5 pp
Référence conventions collective
Référence législative	Police Services Act ss. 40 and 124

Sommaire

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Disbandment   - Uniform members - Vacation entitlement upon disbandment - Acting Sergeant and Senior Constable transferred to OPP - Vacation entitlements superior under collective agreement - Compensable losses tied to reasonable notice period of one year. Section 40

Vacation   - Uniform members - Disbandment of force - Grievors transferred to OPP - Vacation entitlements superior under collective agreement - Loss of vacation days offset by increase in total compensation upon transfer to OPP. Section 40

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Réalités

The Meaford Thornbury force was disbanded in September 2002. Acting Sergeant Styles and Senior Constable Parish were both hired by the OPP. This arbitration dealt with their vacation entitlements upon transfer.

In 2002 Mr. Styles had 30 years of service with the Employer and Mr. Parish had 31 years. In 2003 they would have had 31 and 32 years of service, respectively. For members with more than 26 years of service, the vacation provisions under the collective agreement provided more vacation time than did the vacation provisions under the OPP agreement. In Mr. Styles’ case that amounted to a loss of 7 vacation days by the end of 2003. In the case of Mr. Parish his loss was 8 vacation days by the end of 2003.

Argument

The Association argued that the grievors’ losses were not limited to the 7 and 8 days in 2003. Their losses were said to include further additional vacation days accumulating into the future. The Board contended that the grievors could not claim any compensation, since the increase in salary upon transfer was greater than the dollar value of their lost vacation days.

# de sentence arbirale

Following Arbitrator Jackson’s Wiarton award, which held that economic consequences of disbandment/termination were limited by a period of reasonable notice, the Arbitrator found that the loss of vacation days beyond 2003 was outside the reasonable notice period, said to be one year in this case. Any losses accumulating beyond that period were too remote and speculative. For the year 2003 the grievors did each suffer a true loss of 7 and 8 vacation days, amounting to $1538 and $1758 respectively. However, the loss of vacation days was offset by the increase in salary upon transfer to the OPP. That increase amounted to more than $3000. In the case of Mr. Parish, his vacation losses were thus fully offset. In the case of Mr. Styles, his increase in salary had been fully offset in another award (#02-019); hence the Arbitrator awarded him compensation in the amount of $1538 for his loss of 7 vacation days.

Autorités cité

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

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