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In the Matter of an Arbitration Between the Metropolitan Toronto Police

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In the Matter of an Arbitration Between the Metropolitan Toronto Police In the Matter of an Arbitration between The Metropolitan Toronto Police Services Board and The Metropolitan Toronto Police Association (Grievance re. Shift Schedule – 31 Division) Before:Richard L. Jackson, Sole Arbitrator Appearances: For the Association: Roger Aveling Counsel Martin Weatherall Director of Legal Services Graham Hanlon Chief Steward, 31 Division For the Board: Bruce Stewart Counsel Supt. Al Griffiths Unit Commander, 31 Division Inspector Tony Corrie 31 Division Marianne Chen Labour Relations Jennifer Norman Articling Student Daniel Fogel Articling Student Hearings were held in this matter in Toronto on May 3, 4, and 17, 1999, September 22, 23, and 29, 1999, April 4, 2000, and May 23, 24, and 30, 2000. 1 Introduction This is the grievance of the Toronto Police Association against the Toronto Police Services Board. The Association alleges that the Board violated the collective agreement when it switched from a shift system for the detectives of 31 Division based on a six­ week cycle to one based on a five-week cycle in March of 1996. It asks that I so find and that, as a remedy, I make the appropriate declaration and direct the Toronto Police Service to restore the old six-week shift cycle for the detectives in 31 Division, “with all attached conditions”. This case was exceedingly long, complex and messy (in the sense of the evidence and what it reflects). The events in question took place more than four years ago and involved a number of principal actors on each side, several of whom are no longer with the respective parties. Thus, memories are hazy. With ten days of hearings stretched over more than a year, 12 witnesses, 370 pages of testimony, and a large amount of documentary evidence, this arbitration has been an arduous process for all concerned. In the interest of keeping this award to some reasonable length, my finding of fact is to a large extent set out in parallel with the relevant evidence. The case deals with a sequence of events stretching over a period of approximately nine months in 1996. I have outlined them in chronological order on the basis of the evidence, both oral and documentary. To a considerable extent, this evidence as to what actually happened is reasonably consistent; where there are differences, however, I point them out and, wherever it is possible, come to a determination of fact. Background This case involves the shift schedule of the detectives of 31 Division in what was at that time the Metropolitan Toronto Police Service. 31 Division is one of three divisions that 2 form 3 District, which is located in the northwest part of the city, an area that includes the Jane-Finch corridor and some of the highest-crime areas in Metropolitan Toronto; in short, the 31 Division detectives have a high volume of crime, and particularly violent crime, with which they must deal. The detectives in 31 Division fall into two different categories: those in the general “Detective Office”, often referred to as C.I.B. (Criminal Investigation Bureau), and those who are assigned to specialty bureaux, such as fraud, sexual assault, youth crime, and so on. For obvious reasons, a general detective office (CIB) must be staffed 24 hours per day, seven days per week. The detectives working in the specialized bureaux, however, work only a two-shift schedule since those functions do not require round-the-clock staffing. Until the early 1980s, police officers in Metropolitan Toronto worked eight-hour shifts. However, at that time, there was a movement away from the eight-hour shift to what was generically known as the “Compressed Work-Week” system, so-called because it was based on shifts that were longer than eight hours and so gave officers considerably longer continuous periods of time off. The Compressed Work Week was developed by the Department of Corporate Planning in the Metropolitan Toronto force and, as it happened, one of the principals in the instant case, Detective William Inglis, worked in Corporate Planning in the late 1980s and became something of an acknowledged expert on shift systems. This was to play a role at 31 Division in the events giving rise to this grievance. As part of the general movement to a compressed work week across the Metropolitan Toronto Police Service, the parties negotiated a number of different “Accords” that tailored the shift-scheduling process to the specific requirements of certain units. One of those, which became known as the “3 District Accord” because it was designed for 3 District, which embraced 31, 32, and 33 Divisions – was a pilot project to try out for a period of one year, from September 7, 1987 to September 18, 1988, a compressed work week based on a cycle of six week; that is, the shift cycle for any given officer or platoon would be repeated every six weeks. The Pilot Project was made a permanent system, and the various Accords, including the 3 District Accord, are part of the parties’ collective agreement. They remain in place to this day. 3 The 3 District Accord is a 17-page document, some relevant excerpts of which have been set out below. ACCORD ON REVISED SHIFT SCHEDULE FOR C.I.B. MEMBERS IN 3 DISTRICT PREAMBLE The following provisions briefly describe the nature and the application of the current collective agreement to the members assigned to C.I.B. duties covered by this Accord, during this Pilot Project. 1. TERM OF STUDY Officers, who are assigned to investigative operations at District Drug Squad, District Plainclothes and Divisional C.I.B.’s Youth Bureau, Oldclothes, Major Crime, Warrants, Fraud and Private Complaints, shall be assigned to work in accordance with the Revised Shift Schedule contained herein. Members assigned to other functions encompassed by C.I.B. operations could be included at the Unit Commander’s discretion. 2. (a) REVISED SHIFT SCHEDULE The shift cycle and tours of duty to be made during the Revised Shift Schedule is to be of a type in accordance with the following general description: (i) The cycle will consist of 6 weeks. The member will be scheduled to work 26 days and will be scheduled for 16 days off during this 6 week cycle. (ii) All tours of duty are 9 hours in length, including a one hour lunch period. As in the present system there can be a flexibility in starting and finishing times depending on the requirements of any given day or project. (iii) The arrangement of days worked to days off, the number of days worked in a row, the number of days off in a row and the number of days worked on any given shift will be at the discretion of the Unit Commander having regard to the needs of the particular unit or of the member working the Revised Shift Schedule…. (c) Due to the special aspects of the work of members of the C.I.B. and related investigative units, it is agreed to continue under the Chief’s discretion the past practice with respect to changes in their work schedules. Where such changes are necessary, it is understood that efforts will be made to maintain the tours worked to days-off ration in the six-week cycle in which such changes are effected, without the need for alterations to remuneration or the reduction of hours. 4 3. Working Conditions The implementation of the Cycle is not intended to increase premium pay of members affected nor to reduce their regular salary but is intended to rearrange their working schedule as set out in Section 2. To that end, for members assigned to the Revised Shift Schedule this Accord takes precedence over the terms of the “Uniform” collective agreement and during the term of thie Accord the following articles of the collective agreement shall bear the interpretation as set out below. (a) Sub-articles 5.01 and 5.02(a) are inapplicable; (b) Each member shall be assigned a one hour controlled lunch period: (i) when assigned to a nine hour tour of duty, after the completion of two and one-half hours of duty and be completed before the completion of seven hour of duty; (ii) where the requirements of the service do not permit the taking of any lunch period the member shall be credited with one hour at straight time and where he/she is not able to take a full lunch period, he/she shall be credited with the balance of the lunch period at straight time; (iii) a member, entitled to a controlled one hour paid lunch break who is granted permission to be excused from duty in accordance with the lieu time provisions of the Agreement after having completed half the assigned tour of duty shall have lieu time debited for hour absent and shall be credited with one hour straight time for lunch break not taken. (c) Sub-article 5.02 (a) shall be amended in accordance with the Cycle as set out in paragraph 2 hereof provided, however that the Chief of Police in his/her discretion shall continue to have the right to change the starting time of a tour of duty, including the right to vary the starting time of a tour for overlapping at tour changes. (d) Sub-clause (b) of 5.02 is inapplicable. 9. Study Committee The Study Committee will comprise three representatives of the Association and three representatives appointed by the Board and the Committee will monitor this Accord, consider problems which may arise and make recommendations to the Parties. Such Committee acting unanimously shall have full power to alter, amend, delete or supplement the terms of the Accord.
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