Arbitrator supports 12-hour shifts for officers

A provincial arbitrator has ruled Windsor police officers can remain on 12-hour shifts, rejecting administration's attempt to revert to shorter shifts at the beginning of the new year.

“I was very happy to see our position was supported and happy for our members the schedule we have will remain in place and continue,” Windsor Police Association president Shawn Mccurdy said on Monday.

“The type of schedule we are working has shown to have a very good work-life balance. It helps members with mental health and overall wellness.”

The association had balked after administration and the Windsor Police Services Board issued notification in September on plans to revert to an overlapping “1010-8” schedule: 10-hour morning shifts, 10-hour afternoon shifts, and eight-hour midnight shifts.

Those work hours had previously been in place for years before a 12-hour shift system was introduced at the start of 2017 under a memorandum of understanding that was agreed upon under the latest round of bargaining and collective agreement.

But that contract expired at the end of 2019 with negotiations still unresolved — in part due to the COVID-19 pandemic. The last official bargaining session between the two sides was held in February.

The association responded with angst a couple months ago after the police board's notification to revert away from 12-hour shifts and promptly requested arbitration.

Arbitrator Paula Knopf was appointed with a one-day hearing held Nov. 4. Her ruling was handed down late last week in favour of the association.

“I declare that the Windsor Police Services Board's unilateral decision to discontinue the 12-hour shift schedule contained in Appendix 8 for Unit A and Appendix 12 for Unit B, effective January 3, 2021, is a breach of these Collective Agreements,” Knopf wrote in her ruling. “Changes to this schedule can therefore only come about through mutual agreement, collective bargaining or as a result of interest arbitration.”

More than 250 primarily fulltime officers would have been affected by the change, along with some civilian employees that include 911 operators, Mccurdy said.

Most police departments in Ontario have already implemented, or are moving toward, a 12-hour shift rotation, he said.

Under the 12-hour schedule, Windsor police officers still work an average of 2,080 hours a year — but get more time off between shifts.

During the arbitration hearing, the association's focus was to argue how the proposed change was a violation of the contract agreement, Mccurdy said.

“Although (12-hour shifts) was a pilot project, the language is there as part of our collective agreement and the memorandum of understanding that was negotiated in good faith,” he said. “The arbitrator agreed with our position.”

Despite the ruling, the association is open during current negotiations to further discussion on 12-hour shifts being utilized in the future in a different manner as there are many different formats or rotations that can be undertaken, Mccurdy said. He was hopeful with the arbitrator's ruling out of the way, that bargaining on a new contract can soon resume.

“Our position has always been the association is open to working with the board and administration to make the service better,” he said.

Mayor Drew Dilkens, chairman of the police services board, deferred comment to Chief Pam Mizuno, who did not respond Monday to a request for comment.