OPP is aware of the implications to employees of OPP leasing vs. purchase. The impact of the employer’s decision does clearly impact the employees. Analysis is being worked on presently and will most likely have to be reviewed by Ministry of Government Services. Senior Command is well aware of the issue and is monitoring the outcome of the review.
2006-2008 COLLECTIVE AGREEMENT
ARTICLE 14 – STATUTORY HOLIDAYS
14.02 (c) paragraph #3 “Members of a workplace may decide in a majority decision to remain on their regular shift rotation (during the Christmas and New Year holiday period). When this occurs members will not be required to take days off during the holiday period other than their regular scheduled rest days, if they deduct twenty-four (24) or more hours from their statutory holiday bank during the calendar year that leads up to that holiday period.”
2009-2011 COLLECTIVE AGREEMENT
ARTICLE 14 – STATUTORY HOLIDAYS
14.02 (c) paragraph #3 of the new Uniform agreement states: “Members of a workplace may decide in a majority decision to remain on their regular shift rotation (during the Christmas and New Year holiday period). When this occurs members will not be required to take days off during the holiday period other than their regular scheduled rest days.”
As you can see, the requirement to deduct twenty-four or more hours from employees’ banks during the calendar year in exchange for working a regular shift rotation during Christmas and New Year is no longer in Article 14.02 (c). This then means that employees who work their regular shift rotation during Christmas and New Year could have an additional 24 hours in their statutory holiday banks which would then be paid out to them following the end of the calendar year in accordance with Article 14.02(d).
MEMBERS WHO BY MAJORITY VOTE DECIDE TO GO ON 8 HOUR SCHEDULE:
| Dec.20 | Dec.21 | Dec.22 | Dec.23 | Dec.24 | Dec.25 | Dec.26 | |
| D = 8 | D = 8 | D = 8 | D = 8 | D = 8 | D = 8 | D = 8 | = 56 hrs. |
| Dec.27 | Dec.28 | Dec.29 | Dec.30 | Dec.31 | Jan.1 | Jan.2 | |
| Rest | Rest | Rest | Rest | ST = 8 | ST = 8 | ST = 8 | = 24 hrs. |
MEMBERS WHO BY MAJORITY VOTE DECIDE TO STAY ON REGULAR 12 HOUR SCHEDULE:
| Dec.20 | Dec.21 | Dec.22 | Dec.23 | Dec.24 | Dec.25 | Dec.26 | |
| D = 12 | D = 12 | N = 12 | N =12 | Rest | Rest | Rest | = 48 hrs. |
| Dec.27 | Dec.28 | Dec.29 | Dec.30 | Dec.31 | Jan.1 | Jan.2 | |
| Rest | Off = 12 | Off = 12 | Off = 12 | N =12 or Off =12 | Rest | Rest | = 36 hrs. or 48 hrs. |
On a 12 hour schedule members have the option of taking 36 hours out of any bank i.e. accrued time, banked overtime, vacation or statutory bank to achieve 7 clear days off. Members may also elect to take additional 12 hours from their bank to ensure that they get a 12 day block off work.
As stated earlier members can choose to maintain regular schedule and not have 7 clear days off and have no deductions from any banks.
No, Long Term Income Protection (LTIP) terminates when a member reaches 64 ½ years of age, which reflects the six-month qualifying period. The maximum age that eligible members can receive LTIP payments is age 65.
Yes, health benefits will continue for members working past age 65.
NOTE: All Ontario residents age 65 and over are covered by the Ontario Drug Benefit (ODB) plan. Members 65 and over are covered by the ODB first and then by the employer’s plan. Members age 65 and over will need to provide their Health Cards to confirm eligibility for ODB coverage when purchasing drugs at Ontario pharmacies.
Yes, dental benefits will continue for members working past age 65
Yes. All terms of employment for hours of work, pay and benefits are those that apply to part-time employees. Pre-retirement Part-time Employment arrangements do not limit any of these terms that apply to regular part-time employees.
- The Manager/Detachment Commander and the member may agree to use the weeks of severance pay taken as paid leave of absence in place of performing their duties as set out in the Pre-retirement Part-time Employment arrangement.
- Member is eligible to use all or a portion of the number of weeks of severance as paid leave of absence. During this period the member will be paid the same percentage of their full time rate as per the Pre-retirement Part-time Employment Agreement.
- The balance of the severance pay payments, if any, will be paid at the end of the paid leave.
- Utilizing severance as paid leave of absence will not alter the pension contributions or credit accrued during the Pre-retirement Part-time Employment arrangement.
Example:
During Pre-retirement Part-time Employment arrangements the member is working 60% of full time hours and the member wishes to utilize severance as paid leave of absence to get to their planned retirement date.
Eligible Retirement Date: October 19, 2013
Eligible severance pay payment: 26 weeks
Dates where severance as paid leave of absence is paid: April 19, 2013 – October 19, 2013
Pay: Member is paid 60% on a bi-weekly basis from April 19th-October 19th. Upon termination of employment, the member will receive the balance of their severance pay entitlement (i.e., 40%).
Pension contributions/accrual: Pension contributions during the severance as paid leave of absence period are deducted as if member is working full time. Pension credit accrues as if they were working full time during the severance as paid leave of absence period.
Just like any other citizen of Canada who is a suspect in a criminal investigation, you have the right to remain silent. If PSB asks you for a cautioned statement, or they use language that sounds like a “soft caution”, politely decline to give a statement and call the OPPA Legal Department immediately.
You should submit a request for Legal Indemnification from the OPP pursuant to Police Orders. If the OPP or its insurer determines that they are in a conflict of interest and cannot represent you, submit a LAP application through your Branch to the Association. You should act quickly because you will have 20 days to submit a Statement of Defense unless someone obtains an extension of time on your behalf.
Prepare a draft Duty Report in a first-person, narrative format and send it to the Legal Department (legal@oppa.ca or fax to (705) 728-6225) along with any other documentation relating to the matter, including the order from PSB, a copy of the complaint, your notes and the Duty Report Preamble (which you will find on our website under Resources/Legal).
Make sure to call and confirm that all documents you sent were actually received by the Legal Department. Don’t forget to provide us with your contact information (home number, cell number, work number, personal e-mail address) as we will review your draft and call you with advice.
Do not wait for the last day of the 10 day period as it may take us a few days to call you. While PSB may be amenable to granting an extension, if you do not comply with the 10 day order you may be subject to an insubordination charge. It is your responsibility to keep track of the date your Duty Report is due and to seek and receive written confirmation of extension requests (if required).
NOTE: You do not need to complete a Legal Assistance Plan application form or any other intake form for the purposes of the duty report review detailed above.
While there is a lengthy discussion in the SCC decision about officers’ notes, there is to be no change from the way you would normally do your notes. Complete your notes in accordance with your duty and training, which includes, where appropriate, properly articulating the reasons for your actions. The Supreme Court has ruled, however, that if you are involved in an SIU investigation, you must complete your notes prior to speaking to legal counsel.