The Police Act
The Ontario Police Commission
IN THE MATTER OF The Police Act, R.S.O. 1980, c. 381, and Amendments thereto; and
IN THE MATTER OF an application to the Ontario Police Commission by the Arnprior Police Association to determine the Status of a Civilian Employee.
Before: John P. MacBeth, Esq., Q.C., Vice Chairman
Appearances: Angus Matheson, President Arnprior Police Association John McDermott, Secretary, Arnprior Police Association Bruce Lentz, Vice President Arnprior Police Association Mal Connolly, Administrator, Ontario Police Association Mr. James Heather, Spokesman for Town of Arnprior His Worship Mayor Sullivan of the Town of Arnprior Mr. Henry Murdoch, Member of Council Town of Arnprior Mr. G. M. Buffam, Clerk of the Town of Arnprior
Held: Thursday, May 26^th^, 1983
Decision
This is an application by the Police Association of the Town of Arnprior for a hearing to determine the status of Mrs. Elizabeth Jupp employed as a Clerk-Typist with the Town of Arnprior Police. The Application for the hearing was sent to the Chairman of the Ontario Police Commission under date of 27^th^ January, 1983 and Signed by John McDermott, Secretary, Arnprior Police Association.
At the commencement of the hearing Mr. Heather made admission that Mrs. Jupp was a member of the Arnprior Police force under Section 23(1) of the Police Act. He then proceeded to contend that she was employed in a confidential capacity and as such should be excluded from membership in the Association. This, in effect, changed the nature of the hearing from an application by the Association, under Section 23 of the Police Act, to determine whether Mrs. Jupp was a member of the Arnprior Police Force, to an application by the Municipality, under Section 23(2), to determine whether Mrs. Jupp was entitled to senior officer status as defined by Section 30(1)
Mr. Matheson took mild exception to this change in the nature of the procedures suggesting it had taken him by surprise but did not request an adjournment of the hearing. Mr. Heather replied that he had discussed his position with advisors of the Commission and that his position was known by them in advance. I note this matter, not because it has any relevance as to the decision in the matter but to record the policy of the Commission and that while the advisors and inspectorate staff of the Commission are prepared to discuss procedures with the various parties what advice or comments they may make in such informal discussions are in no way binding on the Commission nor are they to be taken as notice either to the Commission or other parties to the matter of a change in the position of either party.
Mr. Heather proceeded to place in evidence Exhibit 1 being the job description of the position to which Mrs. Jupp was appointed. He also advanced other reasons why Mrs. Jupp's position should be regarded as one of a senior officer of the police force.
Although no "senior officers" association exists in the Town of Arnprior Police Force, Mr. Heather's position was that Mrs. Jupp qualified for exemption from membership in the Police Association by reason of the confidential capacity of her employment.
I was not satisfied that there was sufficient evidence to substantiate Mrs. Jupp as a confidential employee, but this is not the issue.
The issue is one under Section 30(2) of the Act. The wording is explicit. "Where not fewer than 50 per cent of the senior officers of a police force are members of an association composed only of senior officers etc." Fifty per cent of the senior officers are not members of an association composed only senior officers for no such senior officers association exists in the Town of Arnprior Police Force.
Mr. Matheson reported that Mrs. Jupp was in fact a member in good standing with the Town of Arnprior Police Association.
It is my decision that the application of the Association be allowed and that the Association is entitled to bargain on Mrs. Jupp's behalf.
DATED at the City of Toronto in the Municipality of Metropolitan Toronto, this 6^th^ day of June, A.D. 1983.