Kentville (Town of) v Police Association of Nova Scotia (PANS), Local 107

Document Type

Arbitration Decision

Publication Date

6-26-1984

Keywords

Procedural Irregularities, Board of Inquiry, Collective Agreement, Public Complaints, Legal Costs, Liability

Abstract

There was a preliminary objection by the Employer that the grievance procedure had not been complied with. Step 2 was passed over by the Union, but the Employer had not raised any objection until this hearing. The Employee therefore waived its right to question the procedure by failing to make a timely objection. Members of the Union appeared before a Board of Inquiry where they were represented by legal counsel. The Collective Agreement states the Employer will pay the cost of legal representation at proceedings from "public complaints". The Employer did not feel obligated to pay the legal costs because the Board of Inquiry was not established because of public complaints but as a result of a direct request by the Kentville Board of Police Commissioners. The Union's position is that the Board of Police Commissioners requested the inquiry because of complaints from within and outside the police force, and as the Board of Inquiry dealt with specific complaints about specific employees, the Employer is liable for costs. The Police Act, under which authority the Board of Inquiry was convened, does not make reference to "public complaints". There is no qualification about where the complaints originate.

Comments

Summary available only on CanLii.

Arbitration award affirmed in Kentville v Kentville Police Association, 1984 CanLII 5485, 68 NSR (2d) 445 (NSSC (TD)) and Kentville v Kentville Police Association, 1985 CanLII 5608, 68 NSR (2d) 443 (NSSC (AD)).

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