| 9 |
COLLECTIVE AGREEMENT TERM - NO STRIKE/NO LOCKOUT |
| 9.1 |
This Collective Agreement shall remain in effect from July 1, 2007 to March 31, 2013 inclusive and, thereafter, shall be renewed automatically from year to year, subject to Section 4.0 of the Voluntary Recognition Agreement (VRA) as amended in the Collective Agreement, unless either Party notifies the other in writing not less than 90 days prior to the expiration of the Collective Agreement that it desires to amend the Collective Agreement. |
| 9.2 |
No Strike/No Lockout |
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The Society, employees within the scope of the bargaining unit, and Hydro One are pledged to the effective and efficient operation of Hydro One and they pledge themselves, individually and collectively, to refrain from taking part in strikes, lockouts or sympathy strikes and other interference with work or production during the term of the Agreement. |
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Nothing in this Collective Agreement is intended to interfere with the exercise of lawful economic sanctions under the Ontario Labour Relations Act and the Canada Labour Code by any member of the bargaining unit or bargaining units as the case may be or by the Society itself should either party to the Agreement elect to terminate Sections 4.0 and 5.0 of the Voluntary Recognition Agreement. |
| 9.3 |
Transition Provisions |
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9.3.1 |
The following transitional provisions have no application to any person who was not an employee on January 1, 1999. |
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9.3.2 |
The term " bargaining unit" for the purposes of Section 9.3 herein ("this Section") will mean the Society bargaining unit with one of Ontario Power Generation Inc. (Nuclear), Ontario Power Generation Inc. (Non - Nuclear), Hydro One Inc., Independent Market Operator or Electrical Safety Authority. |
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9.3.3 |
After December 31, 2002, an employee in a bargaining unit who is declared surplus, who is eligible to exercise rights under the "Pre Mix and Match Surplus Declarations" LOU (dated March 31, 1995) or who has recall rights is eligible to apply to posted vacancies in another bargaining unit. Such applicant will be given fair and objective consideration for employment before new hires. A successful applicant will transfer his or her service to the new Employer in accordance with paragraph 9.3.5, below. No employee hired under this provision will be entitled to any relocation or moving expense under the provisions of any Collective Agreement. |
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9.3.4 |
An employee in a bargaining unit, to the extent he/she is not subject to other selection - provisions in this Section, may apply for posted vacancies and placement in another bargaining unit as an external applicant on the basis of Article 65.6.3(h). |
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9.3.5 |
Any successful applicant to a position in another bargaining unit shall transfer all accumulated service, vacation, seniority, pension, and sick leave credits as set out in Articles 4 ("Service Credits"), 44 ("Sick Leave Plan") and 64 ("Redeployment, Surplus Staff Procedure and Change of Employer") to the new employer. The employee shall be reimbursed by the former employer for all his or her outstanding accumulated vacation, including current year, bonus, banked and deferred vacation, as applicable under Article 40 ("Vacation") according to the collective agreement with the former employer. The provisions of this paragraph also apply to employees changing bargaining units pursuant to LOU #6. |
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9.3.6 |
Priority consideration for vacancies and service credit transfer under this Article shall only apply where it is reciprocated in the collective agreement of the bargaining unit from which the employee is applying/transferring. |