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-DESERONTO INTEREST 95-00~

BrianDunn 1995Contract Nov. 24/9

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IN THE MATTER OF THE POLICE SERVICESACT R.S.O. 1990, C.P. 15

IN THE MATTER OF AN INTEREST ARBITRATION

BETWEEN:

THE TOWN OF DESERONTO POLICE SERVICES BOARD

THE EMPLOYER

AND

THE DESERONTO POLICE ASSOCIATION

THE ASSOCIATION

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AWARD

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ARBITRATOR BRIAN A. DUNN\

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\ APPEARING FOR THE EMPLOYER JEFFREY RICHARDSON,

COUNSEL

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\ IAN MILLER, CHAIRPERSON

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NORMAN CLARK, CHIEF

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CATHIE VICK, MEMBER

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RICHARD BEARE, CLERK\

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\ APPEARING FOR THE ASSOCIATION DAVE MONTGOMERY,

REPRESENTATIVE

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LORRAINE AYLSWORTH\

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A HEARING WAS HELD ON THIS MATTER IN DESERONTO ON NOVEMBER 20,

\ 1995, AND AN AWARD ISSUED ON NOVEMBER 24, 1995.

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This is an interest dispute in which the single issue between the

parties was that of the wages of the secretary who is the sole

secretary with the Police Force. The Force itself consists of

the Chief and four uniformed members. The secretary is a member

of the Association.

The facts are not in dispute but the factors which I should take

into account in fixing the wages of the secretary are very much in

dispute.

The town of Deseronto has been in a period of decline since at

least 1992. One of the indicators of that decline is the fact that

a road sign leading into the village indicates that the population

is 1900 persons whereas I was told at the hearing that it is 1728

persons.

Deseronto is located between Belleville and Napanee on the north

shore of the Bay of Quinte. It is bordered on the north and west

sides by a Mohawk Reserve that has a resident population of about

2000 persons. The Reserve has it own Police Force. The City of

Belleville is approximately 26 kilometres from Deseronto and has a

population of about 37000 persons. The Police Force in that city

does most of the dispatching work for Deseronto and makes available

other services to the Deseronto Force for which a fee is charged.

Napanee has a population of 5000 persons and appears to be about 13

kilometr~s from Deseronto. I am not certain if the stated distance

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is as the roads wind or as the crow flies.

In 1992 Deseronto lost its two major employers. A carpet company

known as Milliken closed causing the loss of 120 jobs. Canada

Optical Plant closed causing a loss of 40 jobs. The commercial and

industrial tax base declined from $255,000.00 in 1993 to

$158,000.00 in 1994. In the same period the business tax base

declined from $119,000.00 to $60,000.00. The only bright spot is

the increase in the residential and farm base from $1,090,000.00

to $1,199,000.00. This may not be so much of a bright spot but

could be described as a blight spot in that tax arrears have

increased from 24.9% to 30.9% in the above periods.

At one time the Township had a reserve fund of $180,000.00 but this

has been reduced to $90,000.00. I accept the submission of counsel

for the employer that these are difficult times for the town of

Deseronto and it is carefully looking at ways to increase revenues

and reduce costs. The Association does not dispute those

objectives. In fact it agrees that the Policing Service should be

taken over by the Ontario Provincial Police.

A 1st class constable in Deseronto is paid $46,364.00. The

secretarial position in question has paid $11.99 an hour since July

1, 1994 which works out to $24,939.00 per annum. The current

http:$60,000.00http:$1,199,000.00http:$90,000.00http:$46,364.00

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I agreement expires on December 31, 1995. The current secretary

works 30 hours per week. She was required to upgrade her computer

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knowledge four years ago and to become familiar with placing Police

information with the Canadian Police Information Centre. She does

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some dispatching work. At times she is the only person in the

I office and has to greet persons who come in off the street. Her

duties are basically secretarial except for the fact that they are

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very closely related to the duties of the Police Force and the

specialized functions of the Police Force in the same way that a

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lawyer's secretary would be specialized in the areas of practise "in

which her employer was specialized.

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I The AssociationIs brief set forth the secretarial wages in 16

communities which were related to Police Service functions. Those

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rates ranged from the Deseronto low of $11.99 per hour to the

Amherstburg high of $20.24 per hour. It also provided 10 local

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secretarial rates which ranged from the Deseronto low of $11.99 per

I hour to the Mohawk Reserve high of $18.60 per hour.

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The gist of the argument of the Police Services Board was that in

times of economic malaise there should be no increase in wages or

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that it should be a minimal one. Mr. Richardson referred me to

I three recent awards in support of his position. He could have

referred me to dozens of others but that was not necessary.

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Mr. Montgomery simply states that the police secretary in Deseronto

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should not be required to bear the brunt of the economic

difficulties within which the Deseronto community finds itself. I

am impressed by this argument.

In interest disputes of this kind arbitrators have consistently

looked at comparable positions within or near the community in

question. You do not compare Kenora to Toronto but may compare

Etobicoke or Mississauga to Toronto.

When I examined the information in the briefs submitted to me I

noted that within Deseronto itself the Public School secretary is

paid $16.87 per hour. At the border of Deseronto the Mohawk

secretary is paid $18.60 per hour. The Belleville Police secretary

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and their

if paid $11.67 per hour. Trenton is close to Belleville

Police secretary is paid $17.00 per hour.

All the secretaries within these neighbouring areas pay

substantially the same cost of living and perform roughly the same

duties. It is time for Deseronto to bring its Police secretary

within ranQe of other secretaries within the area. She probably

shops at ~he same stores and pays the same for necessities and

amenities If life. By awarding a single employee of Deseronto a

substantial increase I will not be bankrupting the Township, On

the other hand if I do not make a fair award involving theI

secretarial position I might put the existing incumbent in

. . I 'f~nanc~a.1 1Der~1.

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Accordingly I hereby award her an increase on a staggered basis as

follows:

1. effective July 1, 1994 she is to receive $12.99 per

hour.

2 . effective January 1, 1995 she is to receive $13.99

per hour.

3. effective.July 1, 1995 she is to receive $14.99 per

hour.

The above rates are intended to be retroactive but without

interest.

I wish to thank Mr. Richardson and Mr. Montgomery for their able

clear and candid submissions in this matter.

I will retain jurisdiction in the event that there is any

difficulty in implementing this award.

DATED AT OTTAWA THIS 24TH

IDAY OF NOVEMBER, 1995 ./1,J.,,--....-" e- \)

Brian A. Dunn

Arbitrator