CITY OF OTTAWA ("the City") OTTAWA PROFESSIONAL FIRE FIGHTERS ASSOCIATION ("the Association")

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1 IN THE MATTER OF AN ARBITRATION BETWEEN: CITY OF OTTAWA ("the City") AND: OTTAWA PROFESSIONAL FIRE FIGHTERS ASSOCIATION ("the Association") IN THE MATTER OF: RENEWAL COLLECTIVE AGREEMENT BOARD OF ARBITRATION: Kevin M. Burkett - Chair Steven Williams - City Nominee Steven Barrett - Association Nominee APPEARANCES FOR CITY: Julie Thibault - Counsel John dehooge - Chief, Fire Services Dave Cranidge - Deputy Chief Kim Ayotte - Deputy Chief Gerry Pingitore - Deputy Chief Michel Seguin - Program Manager Lyne Huneault - Chief Negotiator Jo-Anne Delorme - Program Manager Tanya Naufal - Labour Relations Consultant APPEARANCES FOR ASSOCIATION: Bill Cole - Consultant Marie Belleau - Student-at-Law Peter Kennedy - President John Sobey - Vice President Craig Morrison - Treasurer Erik Leicht - Bargaining Committee Member Gary Housch - Executive Director

2 We have been appointed under the Ontario Fire Protection and Prevention Act, 1997 to adjudicate upon the issues that remain in dispute between the parties in respect of the negotiation of a renewal collective agreement to the collective agreement between them that expired December 31, There is no dispute with respect to our authority in this regard. The City of Ottawa was established in 2001 from the amalgamation of 11 municipalities that included the former Regional Municipality of Ottawa-Carleton and the former cities of Ottawa, Cumberland, Gloucester, Nepean, Vanier and Kanata and the former village of Rockcliffe Park. The population of the amalgamated City is 883,391, living an in area of 2,790 square kilometres. The City employs some 16,192 employees of whom 15,336 are unionized. The fire service is comprised of some 1,062 employees of whom 1,018 are members of the Association and in this bargaining unit. The fire service is comprised of a suppression division that provides emergency response services on a continuous 24-hour-a-day basis. These fire fighters, who make up the bulk of the bargaining unit, work out of 29 fire stations on 24-hour shifts under a long-term trial arrangement that is not before this Board. The fire prevention division is responsible for inspections and investigations. The training division is responsible for the training and certification of the members of the suppression division. Finally, the communications division receives emergency and other 1

3 communications from the public and provides communication support to the suppression division. It is to be noted that there were just under 26,000 emergency incidents and over 68,000 emergency vehicle responses per year in the period 2007 to 2011 inclusive. The Ottawa Fire Service fields, on average, emergency calls for service per day and dispatches, on average, emergency vehicles per day. The Association served notice to bargain on October 28, 2011 and exchanged proposals with the City on November 1, The parties met to bargain on 17 occasions, up to and including May 12, The parties then bargained in conciliation on May 29 and June 14, Although resolving a number of issues, the parties were unsuccessful in reaching an overall agreement such that a "no-board" report has issued. The matters that remain in dispute and, therefore, are before this Board are as follows: City Article 5:03 and Letter of Understanding #4 Article 11:05 Acting Pay Letter of Understanding #5 Paragraph 2 Article 12 Benefits Term 2

4 Association Salaries Benefits Retiree Benefits Elimination of Group 6 Position of Lieutenant in Suppression with Entry Level Officer Position in Suppression to be Group 7 Captain Increase Number of Employees Allowed Off on Vacation Increase Number of Employees Allowed Off for Lieu Days Term The main impediments to agreement concerned both term and quantum. The Association seeks a four-year term with the first-year wage increase maintaining parity with the Ottawa Police and the remaining three years based upon other major fire service collective agreements, including Toronto, Mississauga and Oakville. The City, on the other hand, seeks a two-year agreement based on a consideration of the agreements reached with its other bargaining agents, as internal comparators, and agreements covering fire services serving similar sized populations, i.e. Hamilton (519,949) and Mississauga (713,443), as external comparators. A feature of this collective bargaining relationship has been the maintenance of wage parity with the Ottawa Police. The salary paid to a first class fire fighter in this bargaining unit has been exactly the same as that paid to a City of Ottawa first class 3

5 police constable since 2004 and in the two years before that, the salaries were at virtual parity, as they have been, with the exception of three years, since In 1992 the police salary was $763 above the fire salary, in 2000 the fire salary was $876 above the police salary and in 2002 the police salary was $884 above the fire salary. To repeat, in all other years from 1985 to 2011, police and fire salaries were either at exact parity or virtual parity. Arbitrator Russell Goodfellow, in an award dated April 5, 2013, provided for Ottawa Police salary increases of 2.99% for 2011 and 2.95% for Given the fact that these parties have maintained police-fire parity over a prolonged period, we are persuaded that the replication principle requires us to do the same here. Further given the fact that the police salary has been determined for 2012 (the first year of the term with which we are concerned) but not beyond, we are inclined to award the shorter two-year term proposed by the City with a "me, too" vis-à-vis the Ottawa Police for We have awarded on the remaining issues in dispute having regard to both the external fire comparators and the internal norms considered in light of the statutory criteria and the submissions of the parties. Two of these issues require comment. It is to be noted that the City's response to the Association demand to delete the requirement that a death resulting from an accident at work occur within one year of the accident in order to support a claim for AD&D benefits is, firstly, to conflate the concepts of illness and accident and, secondly, to argue that the carrier insists on the 4

6 one-year requirement as a condition for providing AD&D coverage. In awarding on this issue, we are fully cognizant of the distinction between accident and illness and are of the view that the one-year requirement may unfairly deprive a fire fighter's dependents of AD&D benefits in circumstances where the fire fighter dies as a result of an accident at work that occurred more than one year before (see re: Hamilton (City) v. Hamilton Professional Fire Fighters Association 2009 CANLIT (ONLA)). As for the assertion that the carrier requires it, we have difficulty accepting that AD&D coverage without the one-year requirement cannot be obtained. However, if AD&D coverage can be obtained without the one year time requirement we will award, conditional upon such AD&D coverage being available at a reasonable cost, that it be provided. It follows that this matter must be remitted to the parties, with the Board remaining seized. Finally, while we understand the Association's concern that its retired fire fighters have benefits frozen at 2003 levels, this is one of the few fire services where retired members receive retiree benefits based on active employee benefits (albeit at 2003 levels). In any event, the matter of retiree benefits for fire fighters is presently in flux (see Corporation of City of Toronto and Toronto Professional Fire Fighters Association, June 26, 2013) with some movement to health care spending accounts. In order to make an informed assessment, there is a need for refined costings around the various options, including the status quo. It is our view that this issue requires a full 5

7 discussion of the various options with costings. Accordingly, this issue is remitted back to the parties. Having regard to all of the foregoing, we award as follows. A W A R D The parties are hereby directed to enter into a renewal collective agreement to the collective agreement between them that expired December 31, 2011 that contains all the terms and conditions of the predecessor collective agreement except as amended to incorporate the following: 1. A term of January 1, 2012 to December 31, 2013; 2. All matters agreed between the parties prior to the date hereof; 3. Salary increases for the first class fire fighter as follows: (i) 2.95% effective January 1, 2012 (ii) maintenance of parity with the Ottawa first class police constable for the period January 1, 2013 to December 31,

8 All other classifications are to be increased by the same percentage amounts on the same effective dates. 4. An amendment to Letter of Understanding #5 so that it applies to December 31, 2014 (the sunset presently applicable to terminal leave). For clarity, employees can give notice to the Fire Chief up to December 31, 2014 for a six-month leave. 5. An amendment to vacation allotment provision to provide for 24 fire fighters per platoon off on vacation commencing from the date hereof. 6. An amendment to statutory holiday allotment provision to provide for eight fire fighters off per platoon commencing from the date hereof. 7. An amendment to health care benefits for existing employees to provide: (i) effective December 31, 2013 a dispensing fee cap of $9; (ii) (iii) effective December 31, 2013 a surgical stocking cap of $400 per year; effective August 1, 2013 remove daily and lifetime limitations in Health Plan (b) confinement to licensed private hospital; (iv) effective from the date hereof: 7

9 a) increase the vision care in article 12:01, Health Plan (d), to a maximum of $450 per person every two calendar years when prescribed by an ophthalmologist, optometrist or oculist; b) eliminate the $25/50 annual deductible in article 12:01, Health Plan (c); c) increase physiotherapy annual maximum in article 12:01, Health Plan (m), to $750 per person; d) increase annual maximum for services of a psychologist in article 12:01, Health Plan (n), to $850 per person per calendar year; e) amend article 12:01, Health Plan (p), to read "charges for casted custom made orthotics which are recommended by a physician." (v) Conditional upon AD&D coverage without the one year time requirement being available at a reasonable cost, delete the AD&D requirement that the death from an accident at work occur within one year of the accident. The Board remains seized. 8. The City issue with respect to the suspension of the compressed workweek during periods when fire fighters are assigned to out-of-town training is remitted back to the parties with the Board remaining seized. 8

10 9. Retroactivity is to be on the basis of paid hours since the expiry of the predecessor collective agreement. Payment to current employees is to be made within ninety (90) days of the date hereof. Persons who have left the employ of the fire service since the expiry of the predecessor collective agreement are to be notified of their entitlement in writing at the address on file within forty-five (45) days of the date hereof and payment is to be made within forty-five (45) days of confirmation of receipt of notice. agreement. Any issue not awarded is denied. We remain seized until such time as the parties enter into a formal collective Dated this 26 th day of November 2013 in the City of Toronto. Burkett Kevin Kevin Burkett Chair Dissent to Follow Dissent Attached Steven Barrett Steven Barrett (Association Nominee) Steven Williams Steven Williams (City Nominee) 9

11 I have reviewed the award and I must dissent with respect to the wage increase and benefit improvements awarded by the majority of the Board. None of my remarks are intended to diminish the important work performed by the dedicated men and women of the Ottawa Fire Service. In this climate of economic restraint, increases of the magnitude ordered are neither warranted nor necessary. The members of the Ottawa Fire Service enjoy well paid secure employment that is the envy of many. As a Board of Arbitration our role is to replicate the settlement which the parties would have arrived at had the bargaining process been allowed to run its course. The City negotiated wage increases with most of its other unions of less than 2%. These negotiated outcomes better represent what the parties would have arrived at on their own. Such increases would also have simply maintained, and not further increased, the gap between Fire Service employees and the thousands of other employees who serve the City so well. Finally, the City s proposals reflected a determination to control spiraling benefit costs while ensuring adequate protection for Fire Service employees and their families. In short, in my opinion, there was insufficient evidence of demonstrated need for the benefit improvements awarded, and ample evidence to support the cost controls proposed by the City. Steven Williams November 20,