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HomeMy WebLinkAboutThe Huron Expositor, 1966-02-17, Page 6Tti UR'ON -E, POSJTQR, SEAPORTHe=ONT;.=-F-EB.. LTA 964 e Council Acts �n Police Arbitration (Continued from Page 1) 1965,and a d at - my office in Lon- don on January 20th, 1966, fol- lowing which my decision with respect to all such matters as remained in dispute as of Janu- ary 20th, 1965, was reserved to this date. The parties began negotiating for an agreement in writing un' der Section 27 of the said Act early in January, 1965, and as of the dateof comnleneetnent of these proceedings had not succeeded in that pursuit. The Association alleged a lack of good faith on the part of the Town of Seaforth, but this was denied vehemently, by the Town. 1 am satisfied, how-' ever, that the said negotiations were rendered abortive not so much by any absence of good faith by either party in their dealings with each other, as by the fact that they were reeling with each ,other at .`arms -length' and that at no time during the long period of negotiations did either party make any serious or worthwhile move to resolve the differences between them. In these circumstances it is clear that arbitration proceed- ings as contemplated by Sec- tion 27 of the said Act was the only recourse open to the parties. Between January lst and Sep- tember 8th, 1965, three draft agreements, containing provi- sions for those matters usually found in police agreements governing the relations between the members of a police force and their employer, were in- troduced in the bargaining pro- cess, one prepared and submit- ted by the Association and two - by_ the Town of Seaforth, The draft submitted by the Asso- ciation dealt mainly with sal- aries and Hours of work, al- though other matters. such as vacations, ,statutory holidays,. hospital and medical insurance, the cost .Af cleaning uniforms and overtime pay, were. also provided for. This draft agree- ment was, apparently,.unaccept- able to the Town and in the month of June, the latter, through counsel, submitted a counter agreement which was not acceptable to the Associa tion. The latter complained in- ter alia about the absence in the Town's draft of any provi sion for the grading or class- ifyng of the members of the force and the absence of salary schedules. In reply, the Town ,submitted a second draft agreement, this time setting out inter alia var- ious classifications, salary sche- dules, and certain provisions for promotion. It also provided for a lump sum amount of $100 per year to be paid to each member of the force in full compensation for time spent in Court and for overtime. This -new draft agreement was. unacceptable to the Associa- tion. It agreed' with a proba- tionary salary of $3,000.00, but did not agree that a probation- ary constable should have to wait one full year for• promo- tion to the class of third-class constable. It was submitted by counsel for the Association that the_ probationary period .should • on13 be six months. In- addition the Association- was not satis- fied with the',provision for pay- ment of $100 .for. all •overtime, including Court time. Their other objections. •to this draft were of a minor nature and have, since the commencement of these proceedings, been re- -solved' by agreement between the parties. Just prior to the comen e- ment of the arbitration hear- ing the Town submitted a fur- ther draft agreement to the As- sociation for its acceptance, ap- proval and signature. This draft Nasi been the object of further negotiations and I:"was 'advised by counsel for both sides .on Jan. 20, 1966, that if it has not already been signed by the par- ties, arties, after two or three amend- ments thereto, it is about to be signed. This new draft agreement contains a provision which in- corporates, by reference there- to, the upcoming award of the arbitrator with respect to what... should be the classifications of the F_or'ce and 'what should • be •the rate of salaryfor each class- ification and tate said Award is thereby made part of the -agree, rrrent. By way of -confirmation and extension of the said pro- vision, counsel for the parties on behalf of the parties, re- quested on. Jan. 20th, that I make findings and limit my award to the following matters which, to all intents and pur- poses, are still in disagreement -between the parties on the basis of the evidence adduced and the submissions made by coun- sel concerning these matters ex- clusively. I now proceed to find and award as follows: - (A) Classifications With the agreement of the parties, I order that the mem- bers of the Association for the year 1965 be classified' as fol- lows. Probationer Constable grd class • Constable 2nd class Constable 1st class (B) Salaries This is a matter that has given me some concern -but 1 have, nevertheless, 'given Tong and careful consideration to it. I note that white there was evi- dence of the salaries paid for the foregoing classifications in Stirronfiding niunieipal1ties, they were all larger in Population a t w than he 'town ofeaf S orth and would presumably calU=for more police protection. The Town of Mitchell was referred to in the evidence as having a popula- tion almost the size of Seaforth -the population differential was only 69 in favor of Mit- chell -.•but there was n0 evi- dence of . its police force cont plement or of salaries paid. It was stated by counsel for the Association that their salaries were higher than those paid by the Town of Seaforth and this was not challenged by counsel for the Town of Seaforth. • I have also taken into con- sideration the hourly rates of pay presently being paid to other' municipal • employees' in Seaforth and surrounding mun- icipalities, and, as well, certain industrial rates of pay whicht; pveVail throughout the area. In the result, • I have come to the conclusion' that a constable first-class serving on the force in Seaforth for the year 1965. should receive an hourly rate of- pay of approximately $1.70. I therefore, award as follows: For the year 1965: - Probationer $3,000 Constable 3rd class 3,500 Constable 2nd class -3,800 Constable 1st class • 4,200. (C) 1965 Salaries for P.C. A. Calder and P.C. K. Ruston This is a question wshich the parties have agreed shauid be- settled esettled by the arbitrator inde- pendently of and notwithstand- ing the award in (B) above, Normally a police constable's classification is established by the municipal authority itself upon the recommendation of the Chief of the force and, where" there-" is a police- com- mission or committee,_ with the advice of that body. In the ease of Seaforth, however, Po- lice Constables Calder . and Rus- ton have never been classified in spite of CaIder's' service . of seven years :and Ruston's of three years. Ruston has also served for one year on the Town of Mitchell police force.: The. municipal authority here is' the Town of Seaforth and that corporation_.has a Police Com- mittee. On Dec. 16, 1965, Messrs.- Cal- der and Ruston appeared ,be- fore..a Board of Advisers of the Ontarlb Police Commission and were interviewed and question- ed ; by the Board - as- tn.-their capabilities as poI'ice officers. His Worship Mayor J° F. Flan- nery of the Town of: Seaforth was present during the inter- views. The Board in a written Mem- orandum dated 17th December, 1965, to the Chairman of the Ontario Police Commission, --ex- pressed, the opinion that -1i"' -to h constables had not received any basic or advanced police train- ing and that they had not- tak- en any opportunity to enhance or further their .knowledge of elementary• police procedures. The Board (three members) de- cided unanimously that •beth constables should be classified as probationary constables only and that they should remain in that classification until they had attended the Ontario Police Col- lege . and passed . the Recruit Training Course. After that, they could be re-classified,. the Board stated in its decision By agreement between, the parties a copy of the said Mem- orandum was admitted into the evidence herein. ' By agreement ,also between the parties, it was agreed that notwithstanding the .decision of the said Board and the award in (B)" above, both Constables Calder and Ruston should be paid for the calendar year 1965 a salary of not less than $3,500 each, that of Calder being a straight salary of $3,500 for his ordinary Serviee-s, as a member of the force for' the year 1965,. and that of Ruston being made up of $3,400 for his ordinary services as a member of the force for the same year, and $100 foe taking outside calls and calls over the base radio station from surrounding mun- icipalities. I therefore find- and award that the salaries ,of P.C, A. Cal - el& and P.C. K. Ruston for the calendar ,year' 1965 should be the sum of $3,500 in each case. (0) Hours of WOrk With the agreement of the parties, and upon their consent,' I award that the work week for members of the Seaforth lice Force for the year 1965 shall' be a six-day week of eight hours each day, totalling 48 hours per week. (E) Overtime Pay This was a major issue in the, bargaining process and in the arbitration proceedings. The evidence reveals that foI- lowing the dismissal of a fourth member of the force, McNeil, on the 15th day of March, 1965, Chief Hulley was obliged to re- arrange and re -schedule the ?hilts and hours of duty of him, self and Constables Calder and Ruston, to provide adequate po- lice protection for the Town of Seaforth. His instructions from the Police Committee were . to give the -best protection pos- sible with' the 'men available. The Town of Seaforth did not hire another man to replace Mc - Nall. • According to the new sche-' dule, with only three men look- ing after ; all police services, each eoti talc (iircluding the CXiief) would work 32 hours at weekt at the 'rate of eight hours on each of four' days, and 24 hours ur aweek atthe rate ofl2 hours on each of ,two days, for a total, for. each constable, of 56 hours per week. The extra four hours on each of two days per week were spent on 'on-call duty' at the constable's home where, according to the evi- dence, he was tooremain close to the telephone and be pre- pared- to take any police call that might come into his home during that four-hour period. It is clear from the evidence that he was not free to move away from his home on per- sonal pursuits as he would be on a day when his duties were limited to eight hours of active duty, or on his weekly day off, or on his annual vacation. It was agreed 'that all constables were on call 24' hours of each „ray.except on their regular' day 'off' and during their annual va- cation. I find on the evidence that Constables Calder and Ruston did perform 'on-call'' duty, at their respective homes, .on two days of each week for -a period of four hours each time from the 15th day of March, 1965, down to the date of commence- ment of these proceedings at least and that they did so on the orders of Chief Hulley. Whether or not the Chief was authorized by Council to re- quire constables to work this basis is immaterial, it seems to me, to the constables' entitle- ment to extra or overtime pay or time off iir lieu thereof. Although Chief Hulley might have been more forthright and sought directly the permission of Council to assign' these extra duties to the two constables, I am satisfied that Council knew that they had been given -these" extra duties following the dis- missal of 1YlcNall on March 15, 1965, and, if they disapproved, should have taken steps to coun- termand the Chief's orders, which they did not do. If Coun- cil did not know that Calder and Ruston were working on 'on-call'duty for four hours each on two days of every week then, I am of the .opinion, and I so find, that they should have known, in all the surrounding circumstances. Mayor Flannery said, that ac- cording to the. Town's present police policy, Seaforth was sup- posed to get 150 hours of po- icing per. week, 24 hours -per day for four days and 18 hours per day for three days. If that was so, it would seem unneces- aty to provide the `on-call' du - y at all. Despite the council's policy, however. The Mayor did _say that the Chief was in- trusted to allow. time off for ny overtime. This' would seem' o impute knowledge on 'the art of- the council.; On the evidence, I am of he opinion ,that there was a ask of understanding between hief Hulley ander the Town of eaforth as to what. changes Were to be made in the re- rrangement of shifts and the escheduling of duties, follow - ng McNall's dismissal, in order.. hat) adequate police protection be afforded to the Town of Sea orth. In his letter. of March 17th to he Police 'Committee, the Chief onstable warned that in view. f McNall's discharge substan- ial limitations had been plat d on the police services that e would be able to provide. n May 7th Chief Hulley wrote o council posinefour questions egarding- the number of hour's e was to work each constable., ouncil apparently delayed in nswering and the Chief wrote further letter on June 7th, in hich • he referred to a council meeting held on May, 10th when e was told that a further meet - ng would be arranged to dis- uss certain matters with him, nd in which he asked that this urther meeting be now held. It was not until June 22nd hat council replied to the hief's letter of May 7th. While his reply, quite properly in My iew, . left the setting up of ork schedules to the Chief, I hink it would have been only J fair for the council to provid the Chief With some-- sped& instructions regarding the num ber of hours a police constabl was expected to work, havin regard to the fact- .that the was no agreement in writin between' the parties governin this, and other matters affect ing the relations between th parties. It is to be noted that coun cil's reply did state that th present force was "sufficient fo policing reiluirements of - t Town of Seaforth". Rut, it aid not go on to state what those requirements were. Mayor Flan nery stated in the course of the hearing that the town's police policy was that only 150 hour per week were required. Bu was Chief Hulley aware of this? If so, then why was he provid ing police' services of :16$ hours a week? From what the Chief said in evidence, and repeated to the effect that the council knew all ,along in the 'period March 15th to June 22nd, that he was working his men over- time, -I can only conclude that councir was aware that the members of the force were tak- ing calls at home after their ordinary shift of eight hours. The question to be determin- ed then is, was this 'on-call' duty -at home, for four hours, twice a week -overtime, for which Constables Calder and Ruston should be compensated and, if so, in what manner and to what extent are they to be compensated? I hold that this extra duty was -overtime for which" they should be compensated and my award in this regard is that Constables Calder and Ruston should be paid what -amounts to their• ordinary, rate of $1.40 per hour, plus "Q5 for a total of $1,45 • per hour for every hour of what has been referred to in the evidence as 'on-call' duty, and which I have held to be 'overtime', that each and both of them put in as mem- bers of the Seaforth police force from• and after the 16th day of March, 1965, to the 31st day of ,December of the same year, the number of hours in each case, to be determined by reference to the records in the office of the Chief Constable at Seaforth showing the number of hours ,each of these con- stables_. was.,_'on call'..in. _the... said_ period. 4 UGHTS (Continued -from f'al�'$; -1) e Hem Streets. Later, the com- e mission had outlined areas . where it was found' dark spots e existed, but no action had been g taken. re The commission had given e further thought to street light - g . ing problems' and it was felt - attention should be'paid to the e areas where schools a n d churches existed, and with this - thought it was proposed to im e prove the lighting on James to r- Jarvis, along Jarvis to Market he Street, also on John from Main to Jarvis, and on Chalk to Vic- toria Park and north from Vic- - toria Park on Victor'a Street to ' No. 8 Highway. This would in- volve 26 fluorescent units at a s total cost of $3,786.00. After t adjustments, the net cost of roughly $3,100.00 would be - spread over 15 years. This evvould mean $25.83 per year per unit. The increased cost to , the town, including consump- tion, would be $40.11 per month. This would . bring the total monthly street lighting bill to $839.54, but this 'would not be- come effective until 1967. He pointed out this program did not take into consideration the dark spots ' of which there were 38, but it was felt certain of the lights being replaced could be reinstalled and take care of some of the dark areas. Reeve Dalton agreed and said it was wise that a certain amount of replacement be car- ried out annually and in this way economies could be effect- ed. He referred tee the Arena,. where no maintenance had been carried out for a number of years, and now the problem was to know where to start of stop. Council referred the matter to the• protection to persons committee for recommendation. Study Meters The association, on behalf of Constables Calder and Ruston, are also claiming overtime pay for attendances .in Court. It is not unusual to provide in po- lice agreements for such over- time when the time spent. in Court by a police constable is off duty time. ,Some agree- ments provide for a lump sum for all off duty Court time, some a lump sum for all over- time, including Court time, and others, as in the case of the Town of Listowel for •the year 1965, simply `overtime at regu- lar rate of pay'. I think, as far as -the claim for overtime for time spent in Court by Constables Calder and Ruston during the year 1965 is concerned, a .fair award would be that each and both of them be paid the same over- time rate of $1.45 per hour for every ° off-duty hour actually spent in. Court during the cal- endar' year 1965 -in connection with matters, relating. to •their positions as members of the Seaforth Police Force. I so award. (G) Medical and Hospital Bene- fits, Service pay, Drycleaning. In view of the fact that the Town of Seaforth has never, and is not now, providing medi- cal and hospital benefits for any of its employees, the claim of the Association for these bene- fits for 'Constables Calder and Ruston is hereby refused. The further claim. for service pay and drycleaning for the said constables for the year 1965 is also hereby denied. Dated at London, Ontario, this 26th day of January, 1966. -William H. Fox, Q.C., Arbi- trator. 1,1y wife is a vegetarian t Answering 'questions concern- ing water meters, Commission- er . Sills said a survey was un: derway of the entire town by meter specialists, and when this was finished the Commis- sion would arrive at a decision. Councillor Brian Flannigan asked why it was necessary to think of meters when there was. sufficient water for all purpos- es. Mr. Sills said the meters Junior- Farmers (Continued from Page 1) society and should be drawn into the main stream •of civic life. They have a Iot to con- tribute to our society. There is too great, a gulfbetween gen- erations today and by giving them a- greater part to play this gdlf could be closed. We must get to a place where we have a sense of pride in being a Cana- dian and be identified with something. We should have a history on which to build. We should know -our historical back- ground and be proud of our Canadian foundings. Mr. Gaunt was introduced by Bill Campbell and thanked by Elsie Doig. The, officers were in- staIIed by Donald Pullen, as- sistant ag rep for Huron • Coun- ty - Bob Fotheringham asked for the support of all by assisting in every ways- possible the up- coming plowing match in the county. On behalf of the Tuckersmith 'Federation of .Agriculture, he p sented an award to Jim Papple for winning `top ,award in the Tuckersmith Corn Club 9t the Seaforth falI fair. FIRST, ` PRESBYTERIAN CHURCH REV., DOUGLAS O. FRY Minister Sunday, Feb. 20th WORSHIP - 11:00 A.M. SUNDAY SCHOOL 10 A.M. were the only' way in whieb it was possible to ensure that ev- ery user of water was paying his proper proportion. fie re- minded council of the relation, that existed, between water bills and sewer revenue. Sewer us- age rates are the same as the water rates. He said there was difficulty on a flat rate basis to insure equality. A :fat rate re- flected the number of outlets in a particular property- and consumption, despite the fact that there are many outlets, could be much less than neigh- boring property with only one or two outlets. Remember! It takes but a moment to Place an Expositor Want Ad and be money in pocket. To advertise, just Dial Seaforth 527-0240., BETHEL BIBLE CHURCH (Services at Orange Hall) Sunday, Feb. 20th 9:45 A.M.--SUNDAY SCHOOL Classes for all ages 11:00 A.M. and 7:30 P.M. GOSPEL SERVICE Guest Speaker: REV. FLOYD SHANTZ "Jesus saith unto him, I am the way, the truth and the life: no man cometh.unto the Father, rut by me." RK Theatre GODERICH First Run Films in Air-con- ditioned Comfort! Entertain- ment is Our Business Wed., Thurs - Feb. 16-17 Only "The Collector" In Cqlor, Starring - TERRENCE STAMP and SAMANTHA EDGAR In this Top Suspense Drama x vx ri-Iv. NREST T P1CVED *OW la el MO Shows at '7:15 and 9:20 p.m. FRI. - SAT. - MON. - TUES. Feb. 18 - 19 - 21 - 22 .4 Days WALT DISNEY'S "That Darn Cat In Color, Starring HAYLEY MILLS DOROTHY PROVINE RODDY McDOWALL Shows at 7:15 and 9:30 p.m. Matine Saturday, 2:15 p.m. Regular Prices WED. - THURS. FRI. F„eb. 23 - 24 • 25 "The Hallelujah Trail" - In Colors - Stars BURT LANCASTER' LEE REMICK In -this. Big Western Comedy Shows at 7 p.m. and • 9:10 p.m. Special Showing of "MACBETH" MATINEES ONLY Monday, Feb. 21st 1:00 p.ro: and 3:00 p.m. ANNUAL. MEETING McKillop Mutual Fire Insurance Company - w , Friday, Feb. 18, 1966 1:30 p.m. Town Hall, Seaforth All Members are invited to be present Retiring' 'Directors are Allister Broadfoot, W. R., Pepper and Robert Archibald, all Qtwhom are eligible for re-election In addition, John Moylan was appointed by the Board to fill the vaca!hcy created . hit 'the death of the, late John L, Malone until the 1966 annual meeting. John Moylan is eligible for election to a one-year term, .being the unexpir- ed pdrtion of the term for which the late Mr. Malone had been elected. ' W. E. SOUTHGATE Secretary Seeks .Answer (Continued frown. Page 1) sewer pumping Pi n stationn on Gode rich St., in an amount of $2,000. Costs last year were $1,669.00. ' -Agreed the Welfare, Recre atioh and Industrial Committee should invite area 'municipali• tie§ and, organizations to a meeting to discuss formation of an industrial committee after the chairman, Councillor Card- no, reviewed studies carried out by the committee, -Approved payment of pre - liminary plans covering a study carried out of the arene area, -Heard a request for a 10c an hour increase for town em- ployees, and 'instructed Clerk Williams to -bring in a neces- sary by-law for the next meet- ing to incorporate adjustments. -Congratulated the .mainten- ince staff on the job members are doing in maintaining Sea- forth streets under winter con- ditions. -Heard committee chairman James Kelly indicate that a1 - location of ciuties of the public works committee. He will look after the dump; Councillor Hil- debrand, streets; and Deputy - Reeve Cuthill, sewers apd drains. -Agreed to hold a court of revision on March 7th. -Instructed' Mayor Flannery to sign a tax sale warrant. Two properties are involved, with a total of $557.00 in arrears. -Heard Clerk Williams ad- vise that arrears -were coming in quite well. At th'd first of the year, 10 properties had been eligible for the tax sale. -Approved membership in the Chamber of Commerce and nameci"Counciilor- Flannigan to represent the council. -Agreed-with Councillor Hil- debrand there should be an at - tendance of ,council at the On - tario Plowmen's meeting in To - rouall'te next membersW ofk coup il• named as a delegation. It is expected that at least' three members will be Present. T, RE 4xairtge Abut Seaforth MONDAY, FEB. 21st . ,e', e:30 -p.m. Admission 5.0 Cents Lunch Served - •-•` EVERYONE WELCOME "- RECEPTION Mr: and Mrs. Kenneth Wright (nee Helma Van Loon) SEAFORTH LEGION HALL Saturday Feb 19 Ladies. please bring sandwiches -- EVERYONE WELCOME - - ' E IJ C H R E and ENTERTAINMENT (Demonstration of Modern Square Dancing) FRIDAY, FEB. 18th 8:30 p.m. SEAFORTH DISTRICT HIGH SCHOOL Sponsored by Seaforth W.I. Admission 75c -Lunch provided EVERYONE WELCOME! VALENTINE'S ., DANCE- I or- Legion and .Ladies' Auxiliary Members and GlleSts • FRIDAY, FEB. .18th at 8:30 p.m. L E G I O N HALL • Music by Originals - ' of Stratford . ' REFRESHMENTS ADMISSION' - $1.00 per Person Auspices Seaforth Legion Classified ads pay dividends,' • SEAFORTH TEEN -TWENTY THE CAVALIERS Saturday, February. 19th COMMUNITY CENTRE . . , ADMISSION - $1.0Q and $1.50 Dress — Semi -formal ' Dancing 9 -12 . -• INTERMEDIATE . THURSDAY, FEBRUARY 17th ' Owen Sound -at Seaforth . 1 TUESDAY, FEBRUARY 22nd Petrolia at Seaforth - SEAFORTH--ARENA Time : 8 :30 p.m. . ADMISSION — 50c-_ and 25c pEN , High School ,, 22nd- o'clock • parents of to visit the School occasion, and discuss and progress as' -progress of pupils.-' •� SERVED IN TH; . : - _ ...-"--,,• ^-,Tr• .w.,......, . _ iCS.-1V4' 0 MG Seaforth District TUESDAY, FEBRUARY at 8:00 • The public, and particularly students, -are invited on 'this Open House with the staff,the activities of the school, as'well s • LUNCH WILL BE ' CAFETERIA • e Council Acts �n Police Arbitration (Continued from Page 1) 1965,and a d at - my office in Lon- don on January 20th, 1966, fol- lowing which my decision with respect to all such matters as remained in dispute as of Janu- ary 20th, 1965, was reserved to this date. The parties began negotiating for an agreement in writing un' der Section 27 of the said Act early in January, 1965, and as of the dateof comnleneetnent of these proceedings had not succeeded in that pursuit. The Association alleged a lack of good faith on the part of the Town of Seaforth, but this was denied vehemently, by the Town. 1 am satisfied, how-' ever, that the said negotiations were rendered abortive not so much by any absence of good faith by either party in their dealings with each other, as by the fact that they were reeling with each ,other at .`arms -length' and that at no time during the long period of negotiations did either party make any serious or worthwhile move to resolve the differences between them. In these circumstances it is clear that arbitration proceed- ings as contemplated by Sec- tion 27 of the said Act was the only recourse open to the parties. Between January lst and Sep- tember 8th, 1965, three draft agreements, containing provi- sions for those matters usually found in police agreements governing the relations between the members of a police force and their employer, were in- troduced in the bargaining pro- cess, one prepared and submit- ted by the Association and two - by_ the Town of Seaforth, The draft submitted by the Asso- ciation dealt mainly with sal- aries and Hours of work, al- though other matters. such as vacations, ,statutory holidays,. hospital and medical insurance, the cost .Af cleaning uniforms and overtime pay, were. also provided for. This draft agree- ment was, apparently,.unaccept- able to the Town and in the month of June, the latter, through counsel, submitted a counter agreement which was not acceptable to the Associa tion. The latter complained in- ter alia about the absence in the Town's draft of any provi sion for the grading or class- ifyng of the members of the force and the absence of salary schedules. In reply, the Town ,submitted a second draft agreement, this time setting out inter alia var- ious classifications, salary sche- dules, and certain provisions for promotion. It also provided for a lump sum amount of $100 per year to be paid to each member of the force in full compensation for time spent in Court and for overtime. This -new draft agreement was. unacceptable to the Associa- tion. It agreed' with a proba- tionary salary of $3,000.00, but did not agree that a probation- ary constable should have to wait one full year for• promo- tion to the class of third-class constable. It was submitted by counsel for the Association that the_ probationary period .should • on13 be six months. In- addition the Association- was not satis- fied with the',provision for pay- ment of $100 .for. all •overtime, including Court time. Their other objections. •to this draft were of a minor nature and have, since the commencement of these proceedings, been re- -solved' by agreement between the parties. Just prior to the comen e- ment of the arbitration hear- ing the Town submitted a fur- ther draft agreement to the As- sociation for its acceptance, ap- proval and signature. This draft Nasi been the object of further negotiations and I:"was 'advised by counsel for both sides .on Jan. 20, 1966, that if it has not already been signed by the par- ties, arties, after two or three amend- ments thereto, it is about to be signed. This new draft agreement contains a provision which in- corporates, by reference there- to, the upcoming award of the arbitrator with respect to what... should be the classifications of the F_or'ce and 'what should • be •the rate of salaryfor each class- ification and tate said Award is thereby made part of the -agree, rrrent. By way of -confirmation and extension of the said pro- vision, counsel for the parties on behalf of the parties, re- quested on. Jan. 20th, that I make findings and limit my award to the following matters which, to all intents and pur- poses, are still in disagreement -between the parties on the basis of the evidence adduced and the submissions made by coun- sel concerning these matters ex- clusively. I now proceed to find and award as follows: - (A) Classifications With the agreement of the parties, I order that the mem- bers of the Association for the year 1965 be classified' as fol- lows. Probationer Constable grd class • Constable 2nd class Constable 1st class (B) Salaries This is a matter that has given me some concern -but 1 have, nevertheless, 'given Tong and careful consideration to it. I note that white there was evi- dence of the salaries paid for the foregoing classifications in Stirronfiding niunieipal1ties, they were all larger in Population a t w than he 'town ofeaf S orth and would presumably calU=for more police protection. The Town of Mitchell was referred to in the evidence as having a popula- tion almost the size of Seaforth -the population differential was only 69 in favor of Mit- chell -.•but there was n0 evi- dence of . its police force cont plement or of salaries paid. It was stated by counsel for the Association that their salaries were higher than those paid by the Town of Seaforth and this was not challenged by counsel for the Town of Seaforth. • I have also taken into con- sideration the hourly rates of pay presently being paid to other' municipal • employees' in Seaforth and surrounding mun- icipalities, and, as well, certain industrial rates of pay whicht; pveVail throughout the area. In the result, • I have come to the conclusion' that a constable first-class serving on the force in Seaforth for the year 1965. should receive an hourly rate of- pay of approximately $1.70. I therefore, award as follows: For the year 1965: - Probationer $3,000 Constable 3rd class 3,500 Constable 2nd class -3,800 Constable 1st class • 4,200. (C) 1965 Salaries for P.C. A. Calder and P.C. K. Ruston This is a question wshich the parties have agreed shauid be- settled esettled by the arbitrator inde- pendently of and notwithstand- ing the award in (B) above, Normally a police constable's classification is established by the municipal authority itself upon the recommendation of the Chief of the force and, where" there-" is a police- com- mission or committee,_ with the advice of that body. In the ease of Seaforth, however, Po- lice Constables Calder . and Rus- ton have never been classified in spite of CaIder's' service . of seven years :and Ruston's of three years. Ruston has also served for one year on the Town of Mitchell police force.: The. municipal authority here is' the Town of Seaforth and that corporation_.has a Police Com- mittee. On Dec. 16, 1965, Messrs.- Cal- der and Ruston appeared ,be- fore..a Board of Advisers of the Ontarlb Police Commission and were interviewed and question- ed ; by the Board - as- tn.-their capabilities as poI'ice officers. His Worship Mayor J° F. Flan- nery of the Town of: Seaforth was present during the inter- views. The Board in a written Mem- orandum dated 17th December, 1965, to the Chairman of the Ontario Police Commission, --ex- pressed, the opinion that -1i"' -to h constables had not received any basic or advanced police train- ing and that they had not- tak- en any opportunity to enhance or further their .knowledge of elementary• police procedures. The Board (three members) de- cided unanimously that •beth constables should be classified as probationary constables only and that they should remain in that classification until they had attended the Ontario Police Col- lege . and passed . the Recruit Training Course. After that, they could be re-classified,. the Board stated in its decision By agreement between, the parties a copy of the said Mem- orandum was admitted into the evidence herein. ' By agreement ,also between the parties, it was agreed that notwithstanding the .decision of the said Board and the award in (B)" above, both Constables Calder and Ruston should be paid for the calendar year 1965 a salary of not less than $3,500 each, that of Calder being a straight salary of $3,500 for his ordinary Serviee-s, as a member of the force for' the year 1965,. and that of Ruston being made up of $3,400 for his ordinary services as a member of the force for the same year, and $100 foe taking outside calls and calls over the base radio station from surrounding mun- icipalities. I therefore find- and award that the salaries ,of P.C, A. Cal - el& and P.C. K. Ruston for the calendar ,year' 1965 should be the sum of $3,500 in each case. (0) Hours of WOrk With the agreement of the parties, and upon their consent,' I award that the work week for members of the Seaforth lice Force for the year 1965 shall' be a six-day week of eight hours each day, totalling 48 hours per week. (E) Overtime Pay This was a major issue in the, bargaining process and in the arbitration proceedings. The evidence reveals that foI- lowing the dismissal of a fourth member of the force, McNeil, on the 15th day of March, 1965, Chief Hulley was obliged to re- arrange and re -schedule the ?hilts and hours of duty of him, self and Constables Calder and Ruston, to provide adequate po- lice protection for the Town of Seaforth. His instructions from the Police Committee were . to give the -best protection pos- sible with' the 'men available. The Town of Seaforth did not hire another man to replace Mc - Nall. • According to the new sche-' dule, with only three men look- ing after ; all police services, each eoti talc (iircluding the CXiief) would work 32 hours at weekt at the 'rate of eight hours on each of four' days, and 24 hours ur aweek atthe rate ofl2 hours on each of ,two days, for a total, for. each constable, of 56 hours per week. The extra four hours on each of two days per week were spent on 'on-call duty' at the constable's home where, according to the evi- dence, he was tooremain close to the telephone and be pre- pared- to take any police call that might come into his home during that four-hour period. It is clear from the evidence that he was not free to move away from his home on per- sonal pursuits as he would be on a day when his duties were limited to eight hours of active duty, or on his weekly day off, or on his annual vacation. It was agreed 'that all constables were on call 24' hours of each „ray.except on their regular' day 'off' and during their annual va- cation. I find on the evidence that Constables Calder and Ruston did perform 'on-call'' duty, at their respective homes, .on two days of each week for -a period of four hours each time from the 15th day of March, 1965, down to the date of commence- ment of these proceedings at least and that they did so on the orders of Chief Hulley. Whether or not the Chief was authorized by Council to re- quire constables to work this basis is immaterial, it seems to me, to the constables' entitle- ment to extra or overtime pay or time off iir lieu thereof. Although Chief Hulley might have been more forthright and sought directly the permission of Council to assign' these extra duties to the two constables, I am satisfied that Council knew that they had been given -these" extra duties following the dis- missal of 1YlcNall on March 15, 1965, and, if they disapproved, should have taken steps to coun- termand the Chief's orders, which they did not do. If Coun- cil did not know that Calder and Ruston were working on 'on-call'duty for four hours each on two days of every week then, I am of the .opinion, and I so find, that they should have known, in all the surrounding circumstances. Mayor Flannery said, that ac- cording to the. Town's present police policy, Seaforth was sup- posed to get 150 hours of po- icing per. week, 24 hours -per day for four days and 18 hours per day for three days. If that was so, it would seem unneces- aty to provide the `on-call' du - y at all. Despite the council's policy, however. The Mayor did _say that the Chief was in- trusted to allow. time off for ny overtime. This' would seem' o impute knowledge on 'the art of- the council.; On the evidence, I am of he opinion ,that there was a ask of understanding between hief Hulley ander the Town of eaforth as to what. changes Were to be made in the re- rrangement of shifts and the escheduling of duties, follow - ng McNall's dismissal, in order.. hat) adequate police protection be afforded to the Town of Sea orth. In his letter. of March 17th to he Police 'Committee, the Chief onstable warned that in view. f McNall's discharge substan- ial limitations had been plat d on the police services that e would be able to provide. n May 7th Chief Hulley wrote o council posinefour questions egarding- the number of hour's e was to work each constable., ouncil apparently delayed in nswering and the Chief wrote further letter on June 7th, in hich • he referred to a council meeting held on May, 10th when e was told that a further meet - ng would be arranged to dis- uss certain matters with him, nd in which he asked that this urther meeting be now held. It was not until June 22nd hat council replied to the hief's letter of May 7th. While his reply, quite properly in My iew, . left the setting up of ork schedules to the Chief, I hink it would have been only J fair for the council to provid the Chief With some-- sped& instructions regarding the num ber of hours a police constabl was expected to work, havin regard to the fact- .that the was no agreement in writin between' the parties governin this, and other matters affect ing the relations between th parties. It is to be noted that coun cil's reply did state that th present force was "sufficient fo policing reiluirements of - t Town of Seaforth". Rut, it aid not go on to state what those requirements were. Mayor Flan nery stated in the course of the hearing that the town's police policy was that only 150 hour per week were required. Bu was Chief Hulley aware of this? If so, then why was he provid ing police' services of :16$ hours a week? From what the Chief said in evidence, and repeated to the effect that the council knew all ,along in the 'period March 15th to June 22nd, that he was working his men over- time, -I can only conclude that councir was aware that the members of the force were tak- ing calls at home after their ordinary shift of eight hours. The question to be determin- ed then is, was this 'on-call' duty -at home, for four hours, twice a week -overtime, for which Constables Calder and Ruston should be compensated and, if so, in what manner and to what extent are they to be compensated? I hold that this extra duty was -overtime for which" they should be compensated and my award in this regard is that Constables Calder and Ruston should be paid what -amounts to their• ordinary, rate of $1.40 per hour, plus "Q5 for a total of $1,45 • per hour for every hour of what has been referred to in the evidence as 'on-call' duty, and which I have held to be 'overtime', that each and both of them put in as mem- bers of the Seaforth police force from• and after the 16th day of March, 1965, to the 31st day of ,December of the same year, the number of hours in each case, to be determined by reference to the records in the office of the Chief Constable at Seaforth showing the number of hours ,each of these con- stables_. was.,_'on call'..in. _the... said_ period. 4 UGHTS (Continued -from f'al�'$; -1) e Hem Streets. Later, the com- e mission had outlined areas . where it was found' dark spots e existed, but no action had been g taken. re The commission had given e further thought to street light - g . ing problems' and it was felt - attention should be'paid to the e areas where schools a n d churches existed, and with this - thought it was proposed to im e prove the lighting on James to r- Jarvis, along Jarvis to Market he Street, also on John from Main to Jarvis, and on Chalk to Vic- toria Park and north from Vic- - toria Park on Victor'a Street to ' No. 8 Highway. This would in- volve 26 fluorescent units at a s total cost of $3,786.00. After t adjustments, the net cost of roughly $3,100.00 would be - spread over 15 years. This evvould mean $25.83 per year per unit. The increased cost to , the town, including consump- tion, would be $40.11 per month. This would . bring the total monthly street lighting bill to $839.54, but this 'would not be- come effective until 1967. He pointed out this program did not take into consideration the dark spots ' of which there were 38, but it was felt certain of the lights being replaced could be reinstalled and take care of some of the dark areas. Reeve Dalton agreed and said it was wise that a certain amount of replacement be car- ried out annually and in this way economies could be effect- ed. He referred tee the Arena,. where no maintenance had been carried out for a number of years, and now the problem was to know where to start of stop. Council referred the matter to the• protection to persons committee for recommendation. Study Meters The association, on behalf of Constables Calder and Ruston, are also claiming overtime pay for attendances .in Court. It is not unusual to provide in po- lice agreements for such over- time when the time spent. in Court by a police constable is off duty time. ,Some agree- ments provide for a lump sum for all off duty Court time, some a lump sum for all over- time, including Court time, and others, as in the case of the Town of Listowel for •the year 1965, simply `overtime at regu- lar rate of pay'. I think, as far as -the claim for overtime for time spent in Court by Constables Calder and Ruston during the year 1965 is concerned, a .fair award would be that each and both of them be paid the same over- time rate of $1.45 per hour for every ° off-duty hour actually spent in. Court during the cal- endar' year 1965 -in connection with matters, relating. to •their positions as members of the Seaforth Police Force. I so award. (G) Medical and Hospital Bene- fits, Service pay, Drycleaning. In view of the fact that the Town of Seaforth has never, and is not now, providing medi- cal and hospital benefits for any of its employees, the claim of the Association for these bene- fits for 'Constables Calder and Ruston is hereby refused. The further claim. for service pay and drycleaning for the said constables for the year 1965 is also hereby denied. Dated at London, Ontario, this 26th day of January, 1966. -William H. Fox, Q.C., Arbi- trator. 1,1y wife is a vegetarian t Answering 'questions concern- ing water meters, Commission- er . Sills said a survey was un: derway of the entire town by meter specialists, and when this was finished the Commis- sion would arrive at a decision. Councillor Brian Flannigan asked why it was necessary to think of meters when there was. sufficient water for all purpos- es. Mr. Sills said the meters Junior- Farmers (Continued from Page 1) society and should be drawn into the main stream •of civic life. They have a Iot to con- tribute to our society. There is too great, a gulfbetween gen- erations today and by giving them a- greater part to play this gdlf could be closed. We must get to a place where we have a sense of pride in being a Cana- dian and be identified with something. We should have a history on which to build. We should know -our historical back- ground and be proud of our Canadian foundings. Mr. Gaunt was introduced by Bill Campbell and thanked by Elsie Doig. The, officers were in- staIIed by Donald Pullen, as- sistant ag rep for Huron • Coun- ty - Bob Fotheringham asked for the support of all by assisting in every ways- possible the up- coming plowing match in the county. On behalf of the Tuckersmith 'Federation of .Agriculture, he p sented an award to Jim Papple for winning `top ,award in the Tuckersmith Corn Club 9t the Seaforth falI fair. FIRST, ` PRESBYTERIAN CHURCH REV., DOUGLAS O. FRY Minister Sunday, Feb. 20th WORSHIP - 11:00 A.M. SUNDAY SCHOOL 10 A.M. were the only' way in whieb it was possible to ensure that ev- ery user of water was paying his proper proportion. fie re- minded council of the relation, that existed, between water bills and sewer revenue. Sewer us- age rates are the same as the water rates. He said there was difficulty on a flat rate basis to insure equality. A :fat rate re- flected the number of outlets in a particular property- and consumption, despite the fact that there are many outlets, could be much less than neigh- boring property with only one or two outlets. Remember! It takes but a moment to Place an Expositor Want Ad and be money in pocket. To advertise, just Dial Seaforth 527-0240., BETHEL BIBLE CHURCH (Services at Orange Hall) Sunday, Feb. 20th 9:45 A.M.--SUNDAY SCHOOL Classes for all ages 11:00 A.M. and 7:30 P.M. GOSPEL SERVICE Guest Speaker: REV. FLOYD SHANTZ "Jesus saith unto him, I am the way, the truth and the life: no man cometh.unto the Father, rut by me." RK Theatre GODERICH First Run Films in Air-con- ditioned Comfort! Entertain- ment is Our Business Wed., Thurs - Feb. 16-17 Only "The Collector" In Cqlor, Starring - TERRENCE STAMP and SAMANTHA EDGAR In this Top Suspense Drama x vx ri-Iv. NREST T P1CVED *OW la el MO Shows at '7:15 and 9:20 p.m. FRI. - SAT. - MON. - TUES. Feb. 18 - 19 - 21 - 22 .4 Days WALT DISNEY'S "That Darn Cat In Color, Starring HAYLEY MILLS DOROTHY PROVINE RODDY McDOWALL Shows at 7:15 and 9:30 p.m. Matine Saturday, 2:15 p.m. Regular Prices WED. - THURS. FRI. F„eb. 23 - 24 • 25 "The Hallelujah Trail" - In Colors - Stars BURT LANCASTER' LEE REMICK In -this. Big Western Comedy Shows at 7 p.m. and • 9:10 p.m. Special Showing of "MACBETH" MATINEES ONLY Monday, Feb. 21st 1:00 p.ro: and 3:00 p.m. ANNUAL. MEETING McKillop Mutual Fire Insurance Company - w , Friday, Feb. 18, 1966 1:30 p.m. Town Hall, Seaforth All Members are invited to be present Retiring' 'Directors are Allister Broadfoot, W. R., Pepper and Robert Archibald, all Qtwhom are eligible for re-election In addition, John Moylan was appointed by the Board to fill the vaca!hcy created . hit 'the death of the, late John L, Malone until the 1966 annual meeting. John Moylan is eligible for election to a one-year term, .being the unexpir- ed pdrtion of the term for which the late Mr. Malone had been elected. ' W. E. SOUTHGATE Secretary