IN THE MATTER OF THE ARBITRATION BETWEEN: The Orillia Police Services Board. The Orillia Police Association. Extended Health Benefits

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1 IN THE MATTER OF THE ARBITRATION BETWEEN: The Orillia Police Services Board AND: The Orillia Police Association RE: Extended Health Benefits ARBITRATOR: Barry B. Fisher APPEARANCES FOR THE EMPLOYER: Bob Gale, Counsel APPEARANCES FOR THE UNION: Ian Roland, Counsel HEARINGS IN THIS MATTER WERE HELD ON September 26,1996 at Orillia. AWARD

2 Introduction This case involves the determination of whether or not certain employees are entitled to Extended Health Benefits upon taking early retirement. The relevant article in the Collective Agreement is as follows: Article 14.01(a)(ii) The Board agrees to pay 100% of the Blue Cross Extended Health care for officers who retire at age sixty (60) years or who have completed thirty (30) years of continuous service at the time of their retirement. This payment shall be maintained until the retired officer reaches the age of sixty-five (65) years. Summary of Facts The essential facts are not in dispute and can be summarized as follows: 1. Both of the officers in question (Detective Police Constable Steve Crockford and Sergeant James Adams) had less than 30 years service with the Orillia Police Police Service at the time of their retirement. However both of them had over 30 years of service as police officers in Ontario when you add in their service immediately prior to their joining the Orillia Police Service. 2. Detective Police Constable Steve Crockford has purchased his past pension service credits accumulated while in the OPP for the purpose of OMERS and thus has retired in OMERS based on 30 years of service in the Plan.

3 3. There were four officers hired by the Board within the last ten years who had prior police service with other Police Services. The details of their hiring are as follows: Sally Stewart This person began as a Fourth Class Constable with the Peel Regional Police Force in October, 1989 and left that employment in July, She was not employed in police work between July, 1992 and August, 1993, when she was hired as a second class Constable with the Orillia force. Paul Thompson This person began as a police officer with the Metropolitan Toronto Police Force in He joined the Orillia force in December, 1990 as a Third Class Constable and advanced to Second Class after a year and to First Class after a further nine months. Paul Beesley Mr. Beesley joined the RCMP in February, He moved to the Orillia force in July, 1989, where he started as a Third Class Constable. Rudy Haninec Mr. Haninec served with the Metropolitan Toronto Police for over four years, i.e. between January, 1986 and April, He was hired by the Orillia force in April, 1990, and given the rank of 3RD Class Constable. The Board made the following points as to why these officers were hired at Orillia above the rank of 4TH Class Constable. This arrangement reflected their experience as police officers, and the Board's attempt to reduce the expenses of training new recruits and the cost of mandatory two-man patrols, etc. involved in that process. As indicated by the above details (and submitted at the hearing), there was no specific connection between the initial ranking and the actual length of the prior service. This hiring practice

4 was based on cost savings, and no officer received service badge recognition or vacation entitlement based on any prior service with another force. 4. In relation to the awarding of Service Badges pursuant to Article 11, the Boards' practice has been to only recognize service with the Orillia Police Service, not any prior police service. 5. In relation to the awarding of Annual Vacation entitlement pursuant to Article 9, the Boards practice has been to only recognize service with the Orillia Police Service, not any prior police service. Other Relevant Provisions of the Collective Agreement 2.02 The provisions of this agreement apply only to Police Officers of the Orillia Police Service, save and except the Chief of Police, the Deputy Chief of Police and Senior Officers, and are made pursuant to the Police Services Act, R.S.O., 1990, and amendments thereto. L VACATION 9.01 Every member covered by this agreement shall be entitled after continuous service of (1) year, to eight (80) hours' vacation with full pay After four (4) years' service each employee shall be entitled to one-hundred and twenty (120) hours' vacation with full pay. 1 1.O1 Uniform police officers shall be issued with insignia in the form of a service badge to be worn upon his uniform in accordance with the regulations of the Board to indicate the completion of three (3), five (5), ten (10) and each succeeding five (5) year period of service.

5 ARTICLE 12 - SERVICE PAY All members of the Service shall receive at the first regular pay day preceding December lst, service pay in addition to their regular salaries, in accordance with the following schedule: (a) To Police Officers with form five (5) to nine (9) years' continuous service in the Orillia Police Service, $60.00 per annum. ARTICLE 13 - CLASS IFICA TlON Every police officer shall be classified for the purpose of security and pay as follows: Fourth Class - From date of employment until the completion of twelve (12) months' service. Third Class - From twelve (12) months' service to twenty-four (24) months' service. Second Class - From twenty-four (24) months' service to thirty-six (36) months' service. Senior Constable - All Police Constables who are First Class and have at least ten (10) years service with the Orillia Police Service. The Constable must have written and passed the Ontario Police College Examinations for Constable to Sergeant The Chief of Police, at his discretion and if in his opinion an officer has shown exceptional performance and/or efficiency, may recommend that officer for reclassification before the completion of the periods of service in the classifications stated in Article

6 Argument of the Parties The essential issue between the parties is whether the words who have completed thirty (30) years of continuous service in Article (a)(ii) mean service with the Orillia Police Service or whether it can include prior police service with another employer. The Collective Agreement uses at different times the terms continuous service and continuous service in the Orillia Police Service. The Association argued that these terms are different and were therefore intended to have different meanings by the parties. The Boards' position was that both terms mean the same thing, which is service with the Orillia Police Service. It may be useful to closely examine the Collective Agreement to see which party is correct. 1. In Article 9 Annual Vacation, the term used is continuous service. The clear practice of the Board is that is only means service with the Orillia Police Service. 2. In Article 11.O1 Service Badge, the term used is period of service. The practice of the Board is that this means service with the Orillia Police Service. 3. In Article Service Pay, the term used is continuous service in the Orillia Police Service. This has been applied to include only service with the Orillia Police Service.

7 4. Article Classification, the term used is simply service. In practice the Board has not required individuals who have prior police service with other Police Services to start at the Fourth Class Constable rate, which seems to imply that they have recognized past service to some degree. However they clearly have not recognized prior service on a year for year basis, as can be seen above in the cases of Constables Stewart, Thompson, Beesley and Haninec. In any event Article gives a broad discretion to the Chief of Police to reclassify an officer prior to the fixed dates in Article It can thus be fairly said that notwithstanding the different terms used in the Collective Agreement in different sections, the terms continuous service, service and continuous service in the Orillia Police Service have been interpreted and applied by the parties to all mean the same thing, that is referring only to service with the Orillia Police Service. The Association also argued that as the Extended Health Benefits in Article (a)(ii) are part of the retirement benefits, the term thirty (30) years of continuous service at the time of their retirement should be interpreted in the same fashion as the OMERS Plan. There is no dispute between the parties that under OMERS, service can be accumulated from various police employers within the Province of Ontario. The Board points out that there is a major difference between OMERS and the Extended Health Benefits in Article (a)($, which is the Board pays 100% of the cost for the Extended Health Benefits, while it does not do so under OMERS. In any event OMERS

8 is designed to be a portable pension scheme, while the Extended Health Benefits in Article (a)(ii) are designed to give an additional benefit to some members of the Orillia Police Service who fulfill the necessary qualifications. The Association further argued that police officers are not mere employees of the particular Police Service that employs them, rather they are "office holders" who in effect are serving the entire Province. The reference therefore to thirty (30) years of continuous service should be interpreted to include all service with Police Services in Ontario. The Board agreed that police officers are "office holders" as opposed to mere employees, however it submitted that has no effect on the issue before me in this grievance. Decision Normally I would find that where parties in a Collective Agreement use different words or terms, they probably intended it to mean different things. However where the evidence discloses that despite the different wording the parties have treated the terms or clauses to mean the same thing, then I am less inclined to follow the first stated rule of interpretation. I then examine the purpose behind the provision to see if I can discern whether or not it makes good labour relations sense to apply a different meaning to the terms. Applying that approach to this case, I find that despite the differences in language used throughout the Collective Agreement, the parties have consistently

9 interpreted and applied the term continuous service to apply only to service with the Orillia Police Service. The most dramatic example of this is in Article 9 Annual Vacation. The practice of this employer has been to apply this only to Orillia service, with no credit given for past service with another Police Service. Clearly here the intent of this Article in awarding increased vacation entitlement based on years of service with this particular employer is to give special recognition to those persons who have acquired service while in the employ of the Orillia Police Service, and not simply years as a police officer in Ontario. As to the purpose behind the Article, I agree with the Association that it is intended to be part of the overall retirement scheme which would allow a bridging of some benefits for those members of the Police Service who retire before age 65. However I do not agree that simply because of this connection between the Article and the pension scheme under OMERS, that the OMERS interpretation of continuous service should apply. This Extended Health Benefit is paid 100% by the Board, and therefore is more akin to the rationale behind Article 9 Annual Vacation, which was intended to give special recognition to those persons who have acquired service while in the employ of the Orillia Police Service, and not simply years as a police officer in Ontario. The fact that this Extended Health Benefit is also available to any officer who reaches age 60, no matter how many years service that person may have, does not detract from the legitimate intent of the Article to give "something extra" to those officers who have spent their entire career with the Orillia Police Service.

10 I therefore dismiss the grievance as I find that the phrase thirty (30) years of continuous service at the time of their retirement in Article (a)(ii) refers to service only in the Orillia Police Service. Dated at Toronto this 26TH day of March 1997.