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Rights Arbitration in Canadian Police Labour Relations (From Conflict and Cooperation in Police Labour Relations, P 157-170, 1980, Bryan M Downie and Richard L Jackson, ed. - See NCJ-70702)

NCJ Number
I Scott
Date Published
14 pages
This Canadian paper examines the evolution of rights arbitration as it has been applied to police association-employer relationships and reviews the discipline procedures which exist in Ontario and other Province jurisdictions.
Since the Ontario police are excluded from the Labor Relations Act, the Police Act provides for limited version of the collective bargaining and arbitration process. Problems which have been referred to rights arbitration cover overtime, vacations, sick pay, and promotions, and in these limited areas, arbitration decisions are similar to those of labor relations in general. However, sharp differences from standard labor relations practices exist in the area of police discipline. The local board and the Ontario Police Commission before whom appeals are heard are clearly representative of the management viewpoint and most of the decisions are in favor of management. In seven other Provinces, municipal police officers are included within the scope of the traditional labor relations legislation with rights to unionize, but in several of these police strikes are not allowed. Most Provinces have enacted legislation and regulations similar to Ontario in the area of discipline, but some provide for informal warnings before discipline procedures are instituted. For the Royal Canadian Mounted Police, no provisions exist for negotiating any kind of collective agreement, and disciplinary provisions are severe and rigid. The recent trend to view the police as highly trained professionals will bring about needed changes in the area of rights arbitration and discipline disputes. A total of 11 reference notes are included. Discussion which followed the paper's presentation is appended.


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