Fire Sector Labour Updates Fire Sector Labour Updates
Vaughan returns to Arbitration on Promotions Issue
After the City failed to make any significant movement from their original proposal on the promotions system for the VFRS, the VPFFA is returning to arbitration before Arbitrator Snow on the issue of promotions. In his award, Arbitrator Snow had ordered that the parties attempt to negotiate a settlement and failing a negotiated settlement, he remained seized.
The hearing will take place April 21, 2006.
April 2006
Arbitrator Declines to Order Senior Firefighter Pay
In his recent interest arbitration decision for Sault Ste. Marie, Arbitrator Burkett ignored the principles of parity with police on salaries and the principles of replication when he declined to order the Senior Firefighter rate of 103% as part of his award. The Association had originally been seeking recognition pay (3/6/9) during negotiations, but amended their proposal and sought the interim step of Senior Firefighter pay when they presented their brief to Arbitrator Burkett. Arbitrator Burkett stated in his award that there was not sufficient discussion of the issue at this time and declined to order even the interim step of Senior Firefighter pay as part of his award for this round of negotiations. The Association nominee issued a partial dissent becaue the wages awarded were not in complete parity with the police.
A copy of the award is available from our office.
March 2006
Bill 206 Passes in Ontario
Bill 206 passed third reading on February 23, 2006. The Bill amends the OMERS Act to include a Supplemental Plan for police, fire and paramedic employees. A summary of the changes to the OMERS legislation can be found here: http://www.omers.com/English/Autonomy.html
February 2006
Ontario contemplates new fire alarm legislation
Wayne Arthurs, Liberal MPP for Pickering-Ajax-Uxbridge, introduced Bill 59 on February 13, 2006. Bill 59 requires that all provincial and municipal public buildings be equipped with a visual fire alarm system so that deaf and hearing impaired people are alerted to fire alarms.
February 2006
Supreme Court of Canada denies leave to appeal to the Town of Kapuskasing
The Courts have upheld Arbitrator Kaplan's decision that the Town of Kapuskasing could not unilaterally terminate all firefighters by passing a by-law and that any attempt to do so is a breach of the collective agreement. The Town had applied to both the Ontario Superior Court and the Ontario Court of Appeal to quash the decision Arbitrator Court; to stay the ongoing deliberations of the Interest Arbitration panel; and to uphold the by-law the Town had passed to disband the Town's professional, full time fire department and replace it with a volunteer fire department. Both levels of court rejected the Town's applications and upheld Kaplan's award. In February, the Supreme Court of Canada denied the Town of Kapuskasing's application for leave to appeal and ordered it to pay costs.
The Town of Kapuskasing has now exhausted every avenue for appeal. Arbitrator Kaplan's decision stands. Congratulations to the Kapuskasing Association of Professional Fire Fighters for this hard fought victory!
February 2006
No merger between Winnipeg Firefighters and Paramedics
After eight years of negotiations, union representing the paramedics say that the merger betwen the paramedics department with the firefighters department in Winnipeg is off. The United Fire Fighters of Winnipeg has long opposed the merger. The chair of the city of committee responsible for protection and community services indicated that the city's efforts to merger the departments will continue.
January 2006
Hamilton Ontario Health Premium Decision Upheld on Judicial Review
In an unanimous ruling, the Divisional Court of Ontario upheld the decision of Arbitrator Goodfellow regarding the Employer's obligation to pay the newly introduced Ontario Health Premium on behalf of all employees. The judicial review application was brought by the City of Hamilton, who will now be responsible for paying costs.
A copy of the decision is available from our office. Congratulations to Hamilton Professional Fire Fighters Association for this important victory.
January 2006
Two Hatter Legislation Introduced Again in Ontario
Ted Arnott, MLA for Waterloo-Wellington, has again introduced a Bill in the Ontario legislature to legally protect firefighters who are "two-hatters." Two hatters are firefighters who work both as volunteers and as professional fire fighters. Both the IAFF and OPFFA have come out against the practice. Arnott has introduced 3 previous similar bills that have failed to pass. The government has expressed no desire to support the practice "two hatting" and it appears very unlikely that the Bill will progress past first reading.
December 2005
Saskatchewan Government Recognizes Certain Cancers as Occupational Illnesses
On the heels of a recent change to the WCB legislation in B.C., the Saskatchewan government has amended its workers compensation legislation to make it easier for firefighters with work related cancer to claim compensation. The legislation recognizes five cancers as work related, amongst them lung cancer. The only caveat is that firefighters must be non-smokers for lung cancer to be considered an occupational illness.
December 2005
Arbitrator Ignores Arbitral Jurisprudence
In his recent award between the Vaughan Professional Fire Fighter Association and the City of Vaughan, Arbitrator Snow ignored decades of arbitral jurisprudence and decided to not award recognition pay to the VPFFA. Arbitrator Snow also failed to address a number of issues raised by the VPFFA in its initial submissions. The Union Nominee, Bill Cole, has issued a strong dissent to Arbitrator Snow's decision.
Both the award and the dissent are available from our office.
November 2005
B.C. Firefighters Win Cancer Compensation Fight
The B.C. government has introduced legislation that will make it easier for fighters with work related cancer to receive compensation. Firefighters are twice as likely to get cancer than the rest of the public, but 9 out 10 compensation claims are rejected. The new law recognizes seven cancers, amongst them leukaemia and brain cancer, as work related, and puts the onus on the board to prove that firefighters did not contract the disease from their job. Firefighters have been lobbying for this type of legislation for years in B.C. and other jurisdictions.
November 2005
Brampton Freely Negotiates Recognition Pay
The Brampton Professional Fire Fighters Association has freely negotiated a collective agreement which contains a number of benefits for its members. Amongst the significant bargaining achievements of the BPFFA is the agreement that recognition pay will replace senior rate and service pay. Effective July 1, 2005, bargaining unit members with 8, 17 and 23 years of service will receive 3%, 4% and 5% respectively based on a 1st Class Firefighter Rate. The percentage increases to 3%, 6% and 9% effective January 1, 2006. Brampton is the 6th Ontario fire service to negotiate or be awarded recognition pay.
October 2005