Brockville Police Association v. Board of Police Commissioners of Brockville and Barton, (1995) 82 O.A.C. 238 (CA)

• Judge: Morden, A.C.J.O., Lacourière and Weiler, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: June 09, 1995
• Jurisdiction: Ontario
• Citations: (1995), 82 O.A.C. 238 (CA)

Police Assoc. v. Police Commr. (1995), 82 O.A.C. 238 (CA)

MLB headnote and full text

In The Matter Of the Judicial Review Procedure Act, R.S.O. 1980, chapter 224, as amended;

And In The Matter Of the Police Act, R.S.O. 1980, chapter 381, as amended;

And In The Matter Of an award of Arbitrator Peter G. Barton appointed pursuant to subsection 32(1) of the Police Act (interest dispute).

Brockville Police Association (applicant/respondent) v. The Board of Commissioners of Police for the City of Brockville and Peter G. Barton (respondents/appellants)

(C12151)

Indexed As: Brockville Police Association v. Board of Police Commissioners of Brockville and Barton

Ontario Court of Appeal

Morden, A.C.J.O., Lacourière and Weiler, JJ.A.

June 9, 1995.

Summary:

An arbitrator refused to include the posi­tion of secretary to the Chief of Police within the bargaining unit and to determine the appro­priate rate of pay for the position. The Police Association applied for judicial review to quash the decision, declare the position within the bargaining unit and remit the matter to the arbitrator to determine the appropriate salary.

The Ontario Court of Justice, Divisional Court, in a decision reported 54 O.A.C. 1, allowed the application. The Board of Com­missioners of Police appealed.

The Ontario Court of Appeal dismissed the appeal.

Arbitration - Topic 8403

Judicial review - Grounds - Misconduct - Patently unreasonable interpretation - The Ontario Police Commission declared that the secretary to the Brockville Chief of Police was a senior officer because she worked in a confidential capacity - The Brockville Police Association (bargaining for civilian and uniformed members) applied to include the secretary in the bargaining unit, where there was not a separate association for senior officers pursuant to the Police Act, s. 30(2) - The arbitrator declined to include the secretary - The Ontario Divisional Court quashed the arbitrator's decision, where it was an incorrect and patently unreasonable inter­pretation of s. 30(2) - The Ontario Court of Appeal dismissed an appeal.

Statutes Noticed:

Police Act, R.S.O. 1980, c. 381, sect. 23(1) [para. 4]; sect. 23(2) [para. 2]; sect. 29(1), sect. 30(2) [para. 5].

Counsel:

John C. Murray, for the appellants;

Ian Roland and Richard Stephenson, for the respondent.

This appeal was heard on June 5 and 6, 1995, before Morden, A.C.J.O., Lacourcière and Weiler, JJ.A., of the Ontario Court of Appeal, which was endorsed on the appeal record and released on June 9, 1995.