IN THE MATTER OF AN INTEREST ARBITRATION. THE BROCKVILLE PROFESSIONAL FIRE FIGHTERS ASSOCIATION ( the Association ) and

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1 IN THE MATTER OF AN INTEREST ARBITRATION BEWEEN: THE BROCKVILLE PROFESSIONAL FIRE FIGHTERS ASSOCIATION ( the Association ) and THE CORPORATION OF THE CITY OF BROCKVILLE ( the City ) Before: Larry Steinberg, Chair Jeffrey Sack, Q.C., Association Nominee Michael Riddell, City Nominee Appearances: For the Association David Stephenson, Advocate Bruce Doing, Advocate Doug Pert, President Brockville PFFA Ryan Wells, Secretary, Brockville PFFA Travis Brennan, Member Brockville PFFA Scott Hayward, Member Brockville PFFA Rob Ashton, Member Brockville PFFA Chris Francescone, Vice-President, 2 nd District, Ontario PFFA For the City John W. Saunders, Counsel Andrew N. Zabrovsky, Counsel Bob Casselman, Chief Administrative Officer, City of Brockville Deb Neilson, Director, Human Resources, City of Brockville Chris Dwyre, Fire Chief, Brockville Fire Department Renny Rainer, Deputy Fire Chief, Brockville Fire Department

2 AWARD [1] We have been appointed under the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 (the FPPA ) to adjudicate the outstanding issues between the parties in respect of the negotiation of a renewal collective agreement to the agreement that expired on December 31, There is no dispute regarding our jurisdiction to do so. [2] According to the 2011 census, the population of the City is 21,870. The City says there are 34 employees in the bargaining unit including 4 Dispatchers. The Fire Department operates out of 2 fire stations. [3] The parties met on February 16, 2013 to exchange proposals and on April 11, 2013 to bargain. The parties then filed for conciliation and the officer assigned reported that the parties were unable to conclude a collective agreement. The parties met in mediation with the Board on August 29, 2013 and proceeded to hearing on the outstanding issues on October 17, [4] In rendering this decision we are required by s.50.5(2) of the FPPA to take the following criteria into account: 1. The employer s ability to pay in light of its fiscal situation. 2. The extent to which services may have to be reduced, in light of the decision, if current funding and taxation levels are not increased. 3. The economic situation in Ontario and in the municipality. 4. A comparison, as between the firefighters and other comparable employees in the public and private sectors, of the terms and conditions of employment and the nature of the work performed. 5. The employer s ability to attract and retain qualified firefighters.

3 2 [5] As well, we have been guided by the well-established principles of interest arbitration. Specifically, with respect to non-monetary issues, we have applied the criteria of demonstrated need and replication. In respect of monetary issues, we have been guided by the principles of total compensation and replication of the agreement the parties would have reached under the sanction of a strike. [6] The Association has requested the implementation of a 24 hour shift. That matter will be proceeding to a hearing. The parties agreed that that the Board should issue this interim award on all outstanding issues except the 24 hour shift. [7] Any proposals not referred to below are dismissed. Unless otherwise indicated all provisions awarded are effective the date of the Award. The Board remains seized of this matter until the parties enter into a renewal agreement. [8] Applying the above principles and having considered the submissions and material filed with us by the parties, the renewal collective agreement will consist of all matters agreed to by the parties and the following terms and conditions. [9] Term The term of the collective agreement will be January 1, 2011 to December 31, [10] Salaries After considering the various regional and provincial comparators referred to by the parties we award retroactive increases, to be paid within 45 days of the date of this Award, as follows. All other rates to be adjusted accordingly. January 1, 2011 $80,363 July 1, 2011 $81,482 January 1, 2012 $83,112 July 1,2012 $84,267

4 3 [11] Vacations The current method of vacation selection as outlined in Tab 8 of the Association s Exhibit Book or such other method as is agreed to by the parties from time to time is awarded. [12] Recognized Holidays Additional Lieu Day and Proclaimed Holiday Language The current Floater Day to be replaced by Family Day. [13] Accident and Sickness Orthodontic and Vision Care We award the removal of the $1, annual maximum with respect to Orthodontic Dental Coverage in Article 7.06 (ii) and increase the maximum for Vision Care in Article 7.06 (vi) from $ to $ (including eye examination and laser eye surgery) to be effective within 30 days of the date of this Award. [14] Accident and Sickness Dental Coverage for Retirees The Association proposal is awarded in respect of retired employees only to be effective within 30 days of the date of this Award. [15] Classification, Upgrading, Promotions and Transfer The Association made a complex proposal regarding the above matter. We remit this to a joint committee of the parties. The Board will remain seized to determine the matter if agreement is not reached by December 31, The parties shall advise the Board of the agreed upon meeting dates. [16] Job Security The date of January 1, 2008 in Article is amended to January 1, Dated at Toronto Ontario this 26 th day of May 2014 I dissent I dissent Larry Steinberg, Chair Jeffrey Sack, Q.C Michael Riddell Association Nominee City Nominee

5 4 Partial Dissent of Jeffrey Sack, Q.C., Association Nominee While I appreciate that the Award represents a genuine effort to balance and accommodate the interests of both parties, in light of the criteria in the FPPA, I would have awarded further monetary and benefit adjustments. However, bargaining is an incremental process, and the parties will soon be in negotiations for 2013 and following years. Jeffrey Sack, Q.C. Partial Dissent of Michael Riddell, City Nominee Dissent of City s Nominee I have reviewed the draft Award of the Chair, and I respectfully dissent on the issues of Salaries, Sick Leave Allowance, Part-Time Dispatchers and Job Security. On the issue of Salaries, the Brockville Professional Fire Fighters Association has traditionally sought parity with Brockville Police. In this round of bargaining covered by this Arbitration Award January 1, 2011 December 31, 2012, the Brockville Police negotiated a salary freeze for both 2011 and In this Award the Chair accedes to the Association s request to move away from the concept of Police-Fire parity, and that fact should be instructive for the Parties for future bargaining. However, for the term of this Award, the wage increase of 2.5% in both 2011 and 2012 for CUPE Inside and Outside Bargaining Units for the City should have been awarded. Those increases are more reflective of the fact that Brockville has one of the poorest fiscal pictures among municipalities in Ontario. As a municipality that already spends more on firefighting costs per capita than any other in the Province, this Award will exacerbate the financial strain that firefighting has placed on the City and its residents. On the issue of Sick Leave Allowance, the Chair should have awarded that an absence for sickness on the Sunday 24-hour shift would result in the loss of two sick credits. This is normative in the Province when Firefighters work a 24-hour shift. Moreover, the

6 5 Association proposal for all shifts to be 24 hours included the concession that an absence for sickness should equate to the use of two sick leave credits. On the issue of Part-Time Dispatchers, the Chair should have awarded the City the right to be able to use Part-Time Dispatchers to cover approved leaves of absence which would result in a reduction of the amount of overtime that is required to be paid by the City. Moreover, it would avoid the ludicrous situation that may prevent the City from laying off the most junior Full-Time Dispatcher, who is hired to cover an approved leave of absence, if that Dispatcher has more seniority than the most junior Firefighter in the bargaining unit. This scenario could be simply avoided by allowing Part-Time Dispatchers to cover approved leaves of absence for Full-Time Dispatchers. On the Issue of Job Security, the decision to guarantee the employment of all employees covered by the Agreement as of January 1, 2012 (instead of those covered as of January 1, 2008) is unprecedented. Of the City s comparators only one contains similar language and that language provides job protection only for those employees hired prior to January 1, That language has not changed since it was first implemented. The City and the Association agreed to provide job protection to a select group of employees employed as of January 1, 2008 a protection that far exceeds what any public sector employee enjoys. The idea of unilaterally extending this protection to all new hires by rolling over the protected date is unprecedented, and the Association demonstrated no actual need for this amendment. This language should not have been changed. Dated at Toronto, Ontario this 26th day of May, 2014 Michael Riddell City Nominee