Part II: Recognition

2	RECOGNITION CLAUSE
2.1	Provincial Jurisdiction
	Hydro One Inc. recognizes the Society as the exclusive bargaining agent for a bargaining unit comprised of:
	All employees employed in Hydro One Inc., hereinafter known as Hydro One, in the Province of Ontario employed as supervisors, professional engineers, engineers-in-training, scientists, and professional, administrative and associated employees, save and except for persons who perform managerial functions as distinct from supervisory functions; persons employed in a confidential capacity with respect to labour relations; and persons in bargaining units for which any trade union held bargaining rights as of November 13,1991.
2.2	Federal Jurisdiction
	The Society was certified in May 1995 under the Canada Labour Code for a bargaining unit comprised of the following:
	All employees of Ontario Hydro employed by Ontario Hydro Nuclear (OHN) in the Province of Ontario employed as supervisors, professional engineers, engineers-in-training, scientists, and professional, administrative and associated employees, save and except for persons who perform managerial functions as distinct from supervisory functions; persons employed in a confidential capacity with respect to labour relations; and persons in bargaining units for which any trade union held bargaining rights as of November 13, 1991.
	On April 1, 1998, jurisdiction for labour relations for the above Ontario Hydro noted federal bargaining unit was delegated to the Province of Ontario.
2.3	Clarity Notes
	2.3.1	For the purposes of clarity, the bargaining units set out above:
		Include:
		a)	all regular, probationary, graduate students, reduced-hours and temporary employees whose functions are included in the classifications paid from Salary Schedules 01, 02 and 03.
		Exclude:
		a)	those persons who perform managerial functions as distinct from supervisory functions. An employee is performing managerial functions if:
			i)	she/he performs managerial functions such as hiring, promotion, performance increase, discharge, etc., over other employees in the bargaining unit; and
				she/he is required to spend the majority of his/her time performing managerial duties; and
				she/he supervises at least seven (7) employees (directly and indirectly) on a regular and continuous basis; or
			ii)	she/he supervises persons who are excluded from the Society's bargaining unit by reason of performing managerial functions or being employed in a confidential capacity with respect to labour relations.
	2.3.2	Definitions
		a)	"Supervisors" means employees who primarily perform supervisory functions, including the requirement to make recommendations regarding any staff or personnel matter. These staff or personnel matters include, but are not limited to, such areas as selection, promotion, appraisal, discipline, transfer, staffing needs, work methods, changes in terms and conditions of employment, grievances, or the interpretation and administration of the applicable Collective Agreement. "Supervisors" includes employees in other employee classifications who perform supervisory functions.
		b}	"Professional engineer" means either: a) an employee who is a member of the engineering profession entitled to practice in Ontario and employed in a professional capacity; or b) an employee with equivalent credentials who is in a position that requires engineering expertise and specialized knowledge. This definition includes all employee categories included under the heading of "Professional Engineer" listed in Attachment A to Appendix I "Utilization and Advancement of Professional Engineers and Scientists" in this Agreement. "Professional engineers" includes employees who satisfy these criteria and who are required to perform supervisory functions.
		c}	"Engineers-in-training" means an employee who has completed a course of specialized instruction in engineering sciences and graduated from a university or similar institution, who has not satisfied all the requirements for practicing as a professional engineer and who is on a structured training program to partially satisfy these requirements.
		d)	"Scientists" means employees who are university graduates in the Natural Sciences, the Applied Sciences, Mathematics or Computer Sciences, who are not classified as professional engineers, and who are engaged in the application of this specialized knowledge in the course of their employment. This definition includes all incumbents in positions identified under the heading of "Scientists" listed in Attachment A to Appendix I entitled "Utilization and Advancement of Professional Engineers and Scientists" in this Agreement. "Scientists" includes employees who satisfy these criteria and who are required to perform supervisory functions.
		e)	"Professional employee" means an employee who:
			i)	in the course of his/her employment is engaged in the application of specialized knowledge ordinarily acquired by a course of instruction and study resulting in graduation from a university or similar institution; and
			ii)	is eligible to be a member of a professional organization that is authorized by statute to establish the qualifications for membership in the organization; or
			iii)	performs the functions, but lacks the qualifications of a professional employee.
				"Professional employees" include employees who satisfy these criteria and who are required to perform supervisory functions.
		f)	"Administrative employee" means an employee who normally supervises persons engaged in office administration, construction, security or maintenance work who are represented by another trade union. This definition includes employees who share a community of interest with "supervisors".
		g)	"Associated employees" means employees in positions which normally require a university degree or equivalent education or experience. This definition encompasses employees who share a community of interest with "professional engineers", "scientists" or "professionals" and includes, but is not limited to, Nurses. "Associated employees" includes employees who satisfy these criteria and who are required to perform supervisory functions.
2.4	Supervisory Employees - Code of Ethics
	Hydro One agrees to include supervisory employees in the bargaining unit on the condition that the parties recognize that supervisory employees will continue to exercise key functions in the control and operation of Hydro One. As members of Hydro One's managerial staff, supervisors use judgment to express and make operative the decisions of Management. They are responsible for fostering a healthy work environment. The parties recognize the responsibility of supervisors to discharge their supervisory duties in good faith. The Society and Hydro One will identify, minimize and/or avoid the conflicts/perceived conflicts of interest that may arise concerning the relationship between supervisors, the Society and Hydro One.
	It is recognized that supervisory employees may be disciplined for failure to act in good faith as a representative of Management and fulfilling their responsibilities including abuse of supervisory position and breach of trust.
2.5	Exclusions Process
	Hydro One and the Society agree to the following process for the purpose of excluding new and changed positions from the Society's jurisdiction.
	1.	The following new or changed job documents or their electronic equivalents in Scenarios A to D will be sent to the Society for their review:

Scenario	New Jobs	Revised Jobs
A	Documents will be sent to the Society after finalization.	i) If job leaves Society jurisdiction, documents will be sent to the Society before finalization. ii) If Society jurisdiction does not change, documents will be sent to the Society after finalization.
B	Documents for new MF jobs will be sent to the Society before finalization.	If jurisdiction changes to Society bargaining unit, documents will be sent to the Society after finalization.
C	Documents for new first-level ESR jobs will be sent to the Society before finalization.	If jurisdiction changes to Society bargaining unit, documents will be sent to the Society after finalization.
D	Documents for the following new jobs not established as PWU jobs in the past will be sent to the Society before finalization: i) supervisory jobs, and ii) non-supervisory jobs which report to a Society-represented position and are paid at the final step rate at or above MP1 reference point.	If jurisdiction changes to Society bargaining unit, documents will be sent to the Society after finalization.

	2.	If a new or changed job is excluded from the Society's jurisidiction and the Society has concerns with the exclusion, the parties will meet within 15 days of the exclusion request to attempt to resolve any outstanding issues.
	3.	If the two parties are unable to resolve the issues, the Society can request that the dispute be submitted to expedited arbitration. A hearing will be held within 30 days of the referral, and a decision will be rendered within 15 days of the hearing. Management cannot implement the exclusion until the Arbitrator's decision. The Society must first inform Hydro One of their intent to request arbitration within 10 days of the meeting taking place. If the Society does not request arbitration, Hydro One is free to implement the excluded position.
	4.	Management will notify the Society office of any jurisdictional grievance filed by another trade union against a Society-represented position and will advise the Society of any change in status (e.g., referred to next step, resolved, withdrawn).
	5.	Attachment 1 is the exclusion form which will be used in accordance with this process. The Society's agreement to exclude any position under this process is without prejudice to its position in any proceedings and will not limit the Society's right to challenge the exclusion at a later point in time.

2.6	Successor Rights
	2.6.1	The Hydro One agrees that it will not directly or indirectly request government to exempt the Company or the Society from the successor rights provisions of the applicable labour relations legislation.
	2.6.2	The successor rights provisions of the applicable labour relations statute shall be incorporated by reference into this collective agreement. No board of arbitration established pursuant to the grievance and arbitration provisions of this contract has jurisdiction to make any decision within the jurisdiction of the Labour Relations Board and nothing herein is intended to affect the jurisdiction of the Labour Board to resolve disputes related to the application of the provisions of the statute. For purposes of s.48 of the Ontario Labour Relations Act and s. 57 of the Canada Labour Code, the Ontario Labour Relations Board or the Canada Labour Relations Board shall be deemed to be a Board of Arbitration for the resolution of disputes related to the interpretation, application, administration or alleged violation of this provision of the collective agreement. The remedial powers of the Labour Board shall be as set out in the relevant statutory provisions governing successor rights.

3	EMPLOYEE CLASSIFICATIONS
3.1	Probationary Employees
	A probationary employee is an employee who is hired on a trial basis with the prospect of being reclassified as a regular employee, if the employee's performance satisfactorily meets the job requirements. The probation period is normally a minimum of three months and a maximum of six (6) months. After six (6) months, the employee will either be made regular, transferred to another probationary position or terminated unless there is an expectation that a longer probationary period will result in improvement in a specific area which has been identified to the employee (e.g. completion of a training course or a specific work assignment, interrupted probationary period as a result of parental leave, etc.) The employee's benefits and working conditions are the same as regular employees with exceptions identified in the provisions where different treatment has been agreed to.
3.2	Regular Employees
	A regular employee is an employee who has either served the required probationary term or has previously been employed in one of the other categories and has satisfactorily met the job requirements. The employee occupies a position that is considered part of the on-going organization of Hydro One.
	3.2.1	Reduced Hours of Work Regular Employees
		A reduced hours of work regular employee is an employee who has regular status but works less than the base hours for a full-time position. The employee's benefits and working conditions are pro-rated and based on the entitlements of the regular employees. The pro-rating is described in Article 71 (Reduced Hours of Work).
3.3	Temporary Employees
	3.3.1	A temporary employee is an employee who is hired for short-term work assignment which is not ongoing (i.e. normally not extending beyond 24 months). The employee's benefits and working conditions are as per Article 33 (Temporary Employees).
	3.3.2	Reduced Hours of Work Temporary Employees
		A reduced hours of work temporary employee is an employee who has temporary status but works less than the base hours for a full-time position. The employee's benefits and working conditions are pro-rated as per Article 33 (Temporary Employees).
	3.3.3	Student Employees
		A student employee is an employee who is hired for short-term work which is not ongoing. He/she is normally in the process of completing his/her post-graduate studies and is expected to return to his/her studies after an agreed employment period. The employee's benefits and working conditions are as per Article 33 (Temporary Employees).
4	SERVICE CREDIT DEFINITIONS
Service credits shall be based on all previous full-time (regular, temporary and casual) service and part-time/reduced hours (regular and temporary) unless otherwise specified. (See Section 9.3 Transition Provisions)
4.1	Established Commencement Date (ECD)
	The "ECD" represents the latest date of hire, subject to authorized adjustments for previous service as detailed below.
	a)	Regular
		The ECD for regular employees is calculated by giving service credits for:
		probationary employment; 100% of employment service in an acquired company; previous regular and temporary (full-time and reduced hours employment), if there has been no break in service exceeding twelve (12) months; previous casual construction employment if there was no break in employment exceeding three (3) months (or 12 months for casual construction employees on the Pension and Insurance Plan). (The ECD has an impact on sick leave and severance pay.)
	b)	Temporary
		The ECD for temporary employees is calculated by giving service credits for:
		previous temporary employment, if there has been no break in service exceeding 3 months and employee has less than 12 months service; previous temporary employment, if there has been no break in service exceeding 12 months and employee has greater than 12 months service. (The ECD has an impact on statutory holidays and floating holidays.)
4.2	Vacation Credit Date (VCD)
	The VCD represents all service regardless of breaks. While a regular employee, service credits shall be based on the current ECD and adjusted for all previous periods of Hydro One employment. All employees who currently work reduced hours or have done so in the past, will have such service calculated as if were full time.
	(VCD is used to determine vacation bonus.)
4.3	External Experience Value (EEV)
	The EEV represents a vacation credit quantity expressed in number of years, months and days for external work experience granted to qualifying regular employees (Section 40.7). The EEV and VCD determine total years credit for vacation entitlement (days) and service-based payment in lieu of notice (Subsection 64.13.1).
4.4	Service Recognition Date (SRD)
	The SRD for regular employees represents all service while a Hydro One employee on payroll regardless of breaks in employment. Service credits shall be based on the last hire date and adjusted for all previous periods of Hydro One employment. All employees who currently work reduced hours or have done so in the past, will have such service calculated as if it were full time (it should never be pro-rated).
	Authorized Adjustments:
	a)	Personal Leaves of Absence
		SRD includes the time an employee is on "leave", if the employee is on a: personal leave of absence with pay; or personal leave of absence without pay which is less than 15 working days; or personal leave of absence without pay which is more than 15 working days and which was started on or after April 15, 1993 - only that portion which was taken during the period from April 15, 1993 to August 31, 1997. prepaid leave of absence, under the enhanced leaves of absence policy dated April 16, 1993, greater than eight (8) weeks.
	b)	Pregnancy/Parental Leaves
		SRD includes the time an employee is on a pregnancy/parental leave (previously referred to as normal or extended maternity/adoption leave).
	c)	Job Sharing
		SRD is calculated as if the employee is working full-time hours.
	d)	Work Sharing
		SRD is calculated as if the employee is working full-time hours.
	(SRD has an impact on recognition of employee service at years 25 and 40, Quarter Century Club Membership and seniority (Article 64).)
4.5	"Eligibility Service" or "Continuous Employment" for Pension Purposes
	Generally, it is the number of years (including a portion of a year) a pension plan member has been continuously employed in which there has been no break in employment exceeding 12 months. It includes previous Ontario Hydro/Hydro One pensionable service which has been reinstated; external service which has been transferred into the pension plan under a reciprocal pension transfer agreement; and periods of pregnancy/parental leave. It may include certain types of non Hydro One regular service purchased under special provisions. It generally excludes leaves of absence without pay except where the employee elects to pay the pension contribution. The exceptions are detailed in the pension rules.
	Eligibility Service (ES) is used as an eligibility criteria for early retirement and the associated early retirement discounts; and in conjunction with Membership Service (i.e., the service subsequent to the date actually joining/started contributing to the Plan) and Age, to determine death and termination benefit entitlements.
5	TEMPORARY ASSIGNMENTS
There may be instances when employees are temporarily removed from their normal duties to perform work outside of the Society's bargaining unit. Likewise, employees from outside of the bargaining unit may be assigned temporarily to work within the Society's bargaining unit.
In such instances, the parties agree that:
5.1	Employees Temporarily Excluded from Society Jurisdiction
	5.1.1	The Society shall be given prior notice of any temporary assignment exceeding three months' duration that Hydro One considers outside the bargaining unit, along with a rationale for the proposed exclusion.
	5.1.2	The Society shall continue to represent employees who have been temporarily removed from their regular positions to perform work outside the bargaining unit for the first three months of the temporary assignment. Dues shall be deducted and remitted to the Society for the three month period.
	5.1.3	Except where otherwise specified in this Agreement, Society-represented employees who are temporarily assigned to positions outside the bargaining unit shall have access to all benefits, plans or entitlements under Part X (Health Benefits), Part VII (Pension and Insurance), Part XI (Relocation Assistance), and Articles 64 (Redeployment, Surplus Staff and Change of Employer) and 65 (Vacancies) of the Collective Agreement for the full duration of the assignment.
5.2	Employees Temporarily Included in Society Jurisdiction
	5.2.1	Hydro One personnel from outside the Society's bargaining unit who are temporarily assigned work within Society jurisdiction shall be represented by the Society for that portion of the assignment extending beyond three months, and dues shall be deducted for the period beyond three months.
	5.2.2	During the period of Society representation, temporarily included employees shall be subject to the provisions of the Collective Agreement, but the following shall not apply: Article 31 (Performance Pay Plan) Part IX (Absence from Work) Part X (Health Benefits) Part VII (Pension and Insurance) Part XI (Relocation Assistance), except for Article 55 (Compensation when Assigned to Temporary Work Headquarters) Part XIII (Working Conditions) except for vacancy rights pursuant to Clause 65.6.3.g Other provisions or agreements to the extent they concern the above
5.3	Grievance
	The Society's Complaint and Grievance/Arbitration procedure shall apply to any dispute relating to an applicable provision of the Society's Collective Agreement, including any dispute as to whether the Collective Agreement is applicable in the circumstances. The employee and/or the employee's bargaining agent retain any rights in respect of terms and conditions of employment to which the Society's Collective Agreement does not apply.
6	EMPLOYEES ON TEMPORARY OUT-OF-PROVINCE ASSIGNMENT
6.1	Terms and Conditions of Employment During Assignment
	6.1.1	When a Society-represented employee accepts a temporary assignment outside Ontario, the employee:
		a)	retains his/her status as an employee of Hydro One;
		b)	continues to accrue service credit for all purposes under Article 4 of the Collective Agreement;
		c)	is required to pay Society dues during the term of any assignment beginning on or after January 1, 1995.
	6.1.2	The employee remains represented by the Society until he or she begins this assignment. When an employee accepts a personal services contract, that contract together with this Article shall constitute the employee's complete terms and conditions of employment for the full term of the assignment. Hydro One will advise the Society after a personal services contract with a Society-represented employee is signed.
	6.1.3	Hydro One will indemnify, or cause to be indemnified, each employee who, in the course of work on temporary out-of-province assignment, becomes subject to a claim made against him/her or to a threat of discipline from an association with statutory power to apply professional standards. Article 13 will apply unless indemnification provisions specific to a given contract or project are identified in the personal services contract.
6.2	Filling the Pre-Assignment Position
	Before the employee commits to the assignment, Management will determine whether it intends to fill the position on a temporary or regular basis and discuss the decision and rationales with the employee. Hydro One will inform the employee of any intent to change this plan while the employee is on an out-of-province assignment.
6.3	Redeployment Upon Completion of Assignment
	6.3.1	The line manager in the employee's pre-assignment Business Unit shall provide or shall identify appropriate personnel to provide the returning employee with employment-related information and assistance and to carry out the provisions of this Subsection upon completion of the assignment and return to Ontario.
	6.3.2	When the employee's pre-assignment position with Hydro One continues to exist and has not been filled or has been filled temporarily, the employee shall return to that position.
	6.3.3	When the employee's pre-assignment position with Hydro One no longer exists or has been filled regularly, and the employee is not surplus by operation of Article 64, the employee shall be placed in an Hydro One vacancy for which he/she is qualified, in the following order:
		a)	a lateral vacancy within the employee's pre-assignment Business Unit at the pre-assignment location;
		b)	within the pre-assignment Business Unit, a choice of a lateral vacancy at a new location, or a vacancy within two salary grades lower at the pre-assignment location;
		c)	within the pre-assignment Business Unit, a vacancy within two salary grades lower, in a new location;
		d)	redeployment in accordance with Article 64.
	6.3.4	Placements under Subsection 6.3.3 (a), (b) or (c) above are exceptions to Hydro One posting requirements, consistent with Subsection 65.6.1 (b).
	6.3.5	When there is a reasonable expectation that an employee will be placed in a different position upon return from a temporary out-of-province assignment, Hydro One will identify and notify the employee of potential placements. An employee who is not placed within 30 days of completion of the assignment and return to Ontario shall have the right to be redeployed in accordance with Article 64.
6.4	Employment Continuity During Temporary Out-of-Province Assignment
	6.4.1	Employees on temporary out-of-province assignments will be neither advantaged nor disadvantaged with respect to rights under Article 64 upon return from the assignment. When an employee's pre-assignment position has been included in a Unit of Application for redeployment under Article 64, the employee will be redeployed in accordance with Article 64.
		The Joint Redeployment and Planning Team (JRPT) will consider issues such as: the number of employees within the unit of application who are on temporary out-of-province assignments; the duration of the assignments; the seniority of the affected employees; the qualifications of the affected employees; the ability to factor the employee into the on-going joint planning efforts (i.e., will the employee be returning during or shortly after the joint planning process); the ability to fill positions in the new organization on a temporary assignment basis in order to accommodate a returning employee; the need to fill positions in the new organization on a continuing basis; the need to keep employees apprised of developments within their unit of application that may impact on their job status during the assignment.
	6.4.2	If an employee is declared surplus while he/she is on temporary out-of-province assignment, the employee will be notified and all surplus entitlements will be deferred until the employee completes the assignment and returns to Ontario.
	6.4.3	An employee on temporary out-of-province assignment who is subject to redeployment under Article 64 in his/her absence and the JRPT determines:
		a)	the employee would have been matched to a position by virtue of seniority and qualifications and is, therefore, deemed not surplus; and
		b)	the employee will not be matched in the redeployment; then the employee will be entitled to treatment under Section 6.3 above.
7	LETTERS OF UNDERSTANDING
7.1	Letters of Understanding will form part of this collective agreement. Letters of Understanding are found in Part XVI.
7.2	Letters of Understanding
	7.2.1	Intent
		A Letter of Understanding may serve the following purposes: amend or add to the current provisions of the agreement; elaborate/clarify the intentions of a provision of the collective agreement establish provisions for issues not covered by the agreement
	7.2.2	Grievance/Arbitration
		Letters of Understanding are subject to the same grievance and arbitration provisions as are other items in the collective agreement
	7.2.3	Approval
		Letters of Understanding must bear the signatures of both the Vice-President Labour Relations (for Hydro One) and the Local Vice-President (for the Society) or their designates.
	7.2.4	Duration
		The parties agree that, for the most part, Letters of Understanding should contain "sunset clauses". In those cases where such a clause has not been put into a Letter of Understanding, the Society and Hydro One will at some time during collective agreement negotiations determine the status of each such Letter of Understanding (e.g., incorporate in to the collective agreement, delete it, extend it, etc.).