Part VI: Dispute Resolution Processes

12	NO DISCRIMINATION
12.1	Human Rights
	Every employee has a right to be free of harassment and discrimination in the workplace on the basis of prohibited grounds, as outlined in the Hydro One Human Rights Policy. An employee who has a harassment or discrimination complaint on the basis of these grounds will have access to Hydro One's Human Rights and Harassment Complaints resolution policy process or the grievance process.
	Any Society-represented employee involved in Hydro One's Human Rights and Complaints process may consult with and be accompanied by a Society representative if he or she chooses to do so. No record of a complaint will be maintained in an employee's personnel file, except in the case of individuals who have received disciplinary action. Any person against whom a formal complaint is filed must be given particulars of the complaint.
	As long as an employee has an active complaint of discrimination or harassment on the basis of prohibited grounds, either under Hydro One's Human Rights and Complaints process or with the Human Rights Commission, the Society will not make such a complaint or Hydro One's process the subject of a grievance on the employee's behalf.
12.2	Union Activity
	Hydro One shall not discriminate against an employee on the basis of membership or activity in the Society. An employee who has a complaint of such discrimination shall have the right to seek redress under the Grievance and Arbitration Procedure.
13	EMPLOYEE INDEMNIFICATION
13.1	Hydro One will provide assistance and financial indemnification to an employee who, as a consequence of performing the normal duties of his or her job for Hydro One, is made, or threatened to be made, a party to a civil action or a criminal proceeding (other than for offences under the Criminal Code of Canada) or quasi-criminal proceeding, or other administrative proceeding (such as formal complaint filed with the Human Rights Commission), or is subject to a threat of discipline or actual discipline from an association that is empowered by statute to regulate professional standards. This assistance will include independent legal representation at Hydro One's expense, subject to Hydro One's approval of the employee's choice of his/her counsel.
	Notwithstanding the above paragraph, Hydro One will not provide financial indemnification to an employee considered by Hydro One to have acted with dishonesty, bad faith, or with intentional or reckless disregard for the best interests of Hydro One.
	An employee who is subject to prosecution under criminal law (Criminal Code of Canada) as a consequence of performing the normal duties of his/her job and found to be not guilty, or against whom charges have been dropped, may receive financial indemnification.
14	VOLUNTARY RECOGNITION AGREEMENT DISPUTES
14.1	Enforcement
	The primary method of enforcement of the Voluntary Recognition Agreement shall be pursuant to the grievance and arbitration provision in this Collective Agreement. However, should the Collective Agreement not be in operation or applicable to the dispute, either party shall have the right to refer to final and binding arbitration any differences between the parties arising from the interpretation, application, administration or alleged violation of the Voluntary Recognition Agreement, including any question as to whether a matter is arbitral.
	Subject to the conditions of this Agreement, if a mediator or arbitrator is not appointed within 30 days of a matter being referred to mediation and/or arbitration, either the Society or Hydro One shall have the right to refer the matter to the Minister of Labour (provincial or federal) or the Chief Justice of the Ontario Court of Justice and the Minister or Chief Justice shall appoint a mediator and/or arbitrator. The arbitrator will have the power accorded under the Ontario Labour Relations Act and the Canada Labour Code.
15	HEALTH AND SAFETY DISPUTES
15.1	Except for disputes involving the principles set out in the Tripartite Agreement on Joint Health and Safety Committees, all other disputes involving allegations that Hydro One has violated the provisions of the Occupational Health and Safety Act (OHSA) will not be subject to the provisions of the grievance/arbitration procedure except where provided for by the legislation itself. The parties will attempt to resolve such disputes at the lowest level possible. Failing resolution, the dispute may be forwarded to the Ministry of Labour for final resolution.
15.2	Disputes which involve interpretations about Sections of the OHSA, or any of its associated regulations will be resolved in accordance with the procedure set out in the joint agreement "Handling Legislative and Regulatory Impasses Pertaining to the Occupational Health and Safety Act and its Associated Regulations" dated December 5, 1991.
16	COMPLAINT AND GRIEVANCE/ARBITRATION PROCEDURE
16.1	Preamble and Principles of Operation
	The following procedure for dispute resolution consists of three elements: a complaint process, a grievance procedure and an arbitration process. These processes will be used by the Parties in order to resolve complaints and grievances submitted by Society-represented staff, the Society, or Hydro One unless the parties have expressly agreed elsewhere in this Agreement on alternate dispute resolution processes to limit the scope of the grievance/arbitration procedure.
	Early discussions and resolutions at the lowest level possible are encouraged because this leads to addressing issues before a grievance is lodged. The Parties also recognize that early and open discussions are key to maintaining a positive working relationship.
	The Parties recognize the need for open and honest discussions at all levels of the complaint and grievance process. These discussions will allow for a common understanding of all the facts and will enhance the chance of a mutually acceptable resolution.
	This process should have the flexibility to respond to the advantages gained through a problem-solving approach to dispute resolution.
	This process is designed to be simple, efficient, and understandable for all parties involved.
16.2	Definitions
	a)	Employee Complaint
		An employee complaint is a claim of unfair treatment that an employee has requested the Society to present on the employee's behalf. An employee complaint which does not meet the criteria of an employee grievance shall not be subject for the grievance/arbitration procedure.
	b)	Employee Grievance
		An employee grievance is defined as any dispute between Hydro One and the Society arising from the application, administration, interpretation or alleged violation of the Collective Agreement, or unreasonable exercise of Management discretion in the administration and application of the collective agreement. An employee grievance shall be filed at Step 2, normally following consideration of an employee complaint at Step 1.
	c)	Group Grievance
		A Group grievance is defined as any dispute between Hydro One and the Society arising from the application, administration or alleged violation of the Collective Agreement, or unreasonable exercise of Management discretion in the administration and application of the collective agreement relating to the same dispute by more than one employee. A Group grievance shall be filed at Step 2. Grouped complaints will normally be considered at the Complaint Step if the employees report to a single supervisor.
	d)	Policy Grievance
		A Policy grievance is defined as any dispute between Hydro One and the Society arising from matters of application, administration, interpretation, or alleged violation of the Collective Agreement. A policy grievance shall be filed at Step 2, and must be filed within 60 days after the circumstances giving rise to the grievance have come or ought to have reasonably come to the attention of the Society.
	e)	Management Grievance
		Hydro One may present to the Society any complaint with respect to the conduct of the Society. If such a complaint is not resolved, it may be treated as a grievance and referred to arbitration under the provisions of this Article.
16.3	Scope Notes - Grievance and Arbitration
	16.3.1	Grievances concerning personal performance appraisals which are not related to the interpretation or application of Article 19 are not arbitral. These grievances will be processed up to and including step 2 of the grievance process. If a grievance concerning an employee's performance appraisal cannot be resolved by the step 2 Committee, the performance assessment, which includes the employee's comments, will stand as a record of that year's appraisal.
	16.3.2	Grievances related to selections based upon Article 65.6.4 may be processed through the grievance/arbitration process. If the arbitrator rules the process for selection was unfair, the arbitrator is limited to ordering a new selection process take place.

	16.3.3	Disputes concerning Article 90 relating to the Occupational Health and Safety Act or Part II of the Canada Labour Code will normally be referred to the Ministry of Labour consistent with Article 15.
	16.3.4	Both Hydro One and the Society have access to the grievance/arbitration procedure for disputes arising from the application of Part II (Recognition).
	16.3.5	The grievance/arbitration procedure may be used to challenge any unreasonable, arbitrary or bad faith action taken by Hydro One which results in the exclusion of any employee or position from the bargaining unit. The Parties will attempt to resolve disputes expeditiously. The Society may initiate an unresolved dispute as a Policy Grievance.
16.4	Timeliness
	The grievance procedure shall proceed without unnecessary delay. It is recognized that in some cases strictly enforced time limitations may interfere with a mutually acceptable process of fact-finding or problem resolution. However, either Party may invoke a time limitation upon five (5) days' written notice to the other Party. Except by mutual agreement, time limits for initiating a complaint/grievance, however, must be adhered to.
16.5	Step 1: Employee Complaint
	a)	The Society will file an employee's complaint with the local line manager within 30 working days of the date the employee should reasonably have been aware of the action or decision giving rise to the complaint. The Society will provide a form outlining the grievor's complaint, proposed resolution and will identify the employee's society representative.
	b)	An employee's complaint must normally be raised with the employee's supervisor and/or Society delegate and every effort should be made to resolve it informally. Hydro One will provide independent facilitation where the Parties agree that this is a reasonable approach to resolving the complaint.
	c)	Where mutually agreeable, the Society may initiate an employee grievance arising from disciplinary suspension or discharge directly at Step 2.
	d)	Local management and the Society representative will meet to attempt resolution within ten (10) working days of the date that the complaint is filed. Where mutually agreeable, the employee may attend the Step 1 meeting. Any resolution at Step 1 will be without prejudice and will not constitute a precedent in any other matter between the Parties except by written agreement.
16.6	Step 2: Meetings Of The Standing Grievance Settlement Committee ("GSC")
	a)	The Society may file an employee's intent to grieve, with the grievor's manager, within ten (10) working days of the step 1 meeting. The Society will file all Step 2 grievances within 30 working days from the 1st Step meeting. A policy grievance shall be initiated at step 2. The grievance form will indicate the articles in issue, outline the grievance and wherever possible, propose a resolution.
	b)	Where a grievance is based upon discrimination or harassment, the parties will attempt to incorporate the following elements into the fact-finding :
		i)	the use of a neutral investigator agreeable to both parties;
		ii)	consideration of reports from preceding investigations;
		iii)	interviews with affected employees;
		iv)	mediation, if deemed appropriate by the parties upon consent of the affected employees.
	c)	The parties will form a standing grievance settlement committee that will regularly schedule one meeting day every other month to attempt settlement of the grievance before it. Each party will appoint 3 standing members to the GSC. Each GSC shall comprise 1 standing member from each of the parties. These appointees must be representatives with decision-making authority.
	d)	GSC hearing dates shall be determined and published annually on a calendar basis.
	e)	Grievances heard by the GSC may be resolved by written agreement of the GSC. Unresolved grievances may be referred to expedited arbitration.
16.7	Grievance Arbitration
	16.7.1	Expedited Arbitration
		A.	Subject to Subsection 16.7.2, either Party may refer an unresolved grievance to expedited arbitration within 10 working days following the end of the Step 2. Expedited Arbitration shall be by a single arbitrator chosen by mutual agreement from the list at Article 16.7.5.
		B.	Multiple cases will be heard on each day of expedited arbitration.
		C.	Written briefs will be exchanged between the parties 1 week in advance of the expedited arbitration. Copies of the briefs will be forwarded to the arbitrator 1 week in advance of the hearing.
		D.	The arbitrator will rely upon the briefs as much as possible and witnesses will only be called if required by the arbitrator.
		E.	Expedited arbitrations will be held in alternating months in which the GSC hears grievances.
	16.7.2	Regular Arbitration
		A.	Unless the parties agree that expedited Arbitration is appropriate, Grievances based upon i) discharge/discipline, ii) harassment or discrimination, iii) policy grievances or iv) any other grievance the parties agree is not suitable for expedited arbitration, will be referred to a mutually agreeable arbitrator as per Article 16.7.5. Either party may refer an unresolved grievance to a single arbitrator within 10 days of the Step 2 meeting. Regular arbitration shall be scheduled within 60 days of the referral to arbitration.
	16.7.3	General
		A.	Each Party shall assume its own costs of the arbitration proceedings and shall share equally the cost of the arbitrator.
		B.	An arbitrator shall consider any difference which arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated. An arbitrator shall also consider any matter of interpretation, application, and administration of policy and practice as may be referred to him/her by employee grievance. An arbitrator shall consider only such evidence as is presented to him/her by representatives of Hydro One or the Society.
		C.	The arbitrator shall have the power to settle or decide such matters as are referred to him/her in a fair and equitable manner, and the arbitrator's decision shall be final and binding. An arbitrator shall not have the power to amend or terminate this Agreement, policies, or procedures save only any policies and procedures which may conflict with the terms of this Agreement.
		D.	If mutually agreeable, the arbitrator may be requested to act as a mediator prior to formally commencing the arbitration.
		E.	All arbitration decisions shall be delivered to the parties within 10 days of the arbitration hearing
	16.7.4	Arbitrators
			The following individuals are to be used as arbitrators if mutually agreed to: Michel Picher Jane Devlin Jules Bloch Rob Herman Kevin Burkett
17	DISCIPLINE AND DISCHARGE
17.1	No employee, except as noted below, shall be disciplined or discharged without just cause.
	When disciplining or discharging probationary employees for just cause, it is recognized that the probationary period is an extension of the selection process and that these employees have short service. Therefore, the threshold for discipline and discharge may be less than that of a regular employee in similar circumstances.
17.2	An employee is entitled, prior to the imposition of discipline or discharge, to be notified at a meeting with Management of the reasons for considering such action, unless he/she is a danger to himself/herself or others. A Society representative may be present at such a meeting if the employee so desires. If the employee does wish representation, the Unit Director or the Society Office will be advised in advance by Management of the time and place of the meeting.
17.3	Where an employee is required to participate in an interview in circumstances where discipline is likely to follow for such employee, the employee shall be advised of his or her right to have a Society representative present, and to have such a representative present during the interview if he or she chooses.
17.4	Disciplinary penalties resulting in a suspension without pay will not be imposed until a final decision (agreement between the Society and Hydro One or an arbitrator's decision) has been reached.
17.5	Employment File
	a)	Documents communicating discipline and discharge will be maintained in the employee's official employment file (normally 901 file).
	b)	Unless otherwise agreed to, after documents communicating discipline have been on an employee's file for a maximum of two years, and there have been no further disciplinary occurrences, then the documents communicating discipline will be removed
	c)	Employees shall be allowed access to their own personnel files. Employees should submit the written request to their supervisor. Review of the file shall be carried out in the presence of the supervisor or human resources contact. Additions or deletions to the file shall be made only with the approval of the supervisor and the human resource contact.
18	PRINCIPLE AND PROCESS OF PRIOR INVOLVEMENT IN JURISDICTIONAL ISSUES/DISPUTES
18.1	Hydro One should advise the Society and provide an opportunity for its involvement at the appropriate organizational level (e.g., Hydro One, Business Unit, Division, Station) prior to making any final decision which could adversely affect the Society's jurisdiction.
	The Society's jurisdiction may be adversely impacted by an organizational or operational changes, including technological changes, workload changes, and business process re-engineering. The Society's jurisdiction is adversely impacted by any assignment of functions customarily done by Society-represented employees to persons or employees outside of its bargaining unit and/or reduces the proportion of work customarily performed by Society-represented employees relative to that done by persons or employees outside of its jurisdiction.
18.2	Prior to making a final decision that could adversely impact the Society's jurisdiction, at the request of either party, Hydro One will establish a joint team with the Society which will review relevant facts and issues. In the event that the jurisdiction of another union is affected by this decision, the Society and Hydro One will strive to include a representative of this union in the review team. The criteria considered by the joint or tripartite review team will include the following: representational rights skill and training safety economy and efficiency past practice
18.3	The parties agree to make their best efforts to reach consensus on issues affecting the Society's jurisdiction which will form the basis of recommendations to Senior Management.
18.4	In the event that consensus is not reached on issues affecting the Society's jurisdiction or Senior Management rejects the joint/tripartite team's recommendation(s), Hydro One will make the final decision and will provide written rationale for the decision to the Society.
18.5	The principle and process set out in 18.1 to 18.4 are not grievable with the exception of Hydro One's final decision. The recommendations of joint tripartite teams are without prejudice and cannot be relied upon at grievance/arbitration or before any labour relations board.
19	PERFORMANCE APPRAISAL FEEDBACK AND ADVANCED WARNING OF REDUCED PERFORMANCE PAY STANDING
19.1	Principles
	19.1.1	Supervisors are expected to ensure all employees understand what is expected of them, encourage ambitious goal setting, stress accountability for results, and tolerate honest mistakes but not poor performance.
	19.1.2	The Performance Appraisal process will be conducted in an atmosphere of mutual respect and empathy to encourage a positive two-way communication session. The employee should be given adequate notice and time to prepare.
	19.1.3	The supervisor will endeavour to provide recognition to employees commensurate with contribution and performance. Performance expectations should be guided by the job document, work program of the unit and the employee's length of service in the job.
	19.1.4	The supervisor should communicate on an ongoing basis and counsel the employee toward improved performance. Also, opportunities for improvement, training, performance counseling, assistance and sufficient opportunity and time to raise performance to the level required, should be part of the building blocks for the future.
	19.1.5	The employee is responsible for recognizing that a problem exists and making a joint commitment to improve performance, or to jointly look at other alternatives, such as job skill match, etc.
19.2	Every employee has the right to an annual assessment with written feedback of his/her work over the preceding twelve (12) months.
19.3	Employee must be provided with a written record of the performance appraisal. Employees should receive written confirmation that the performance appraisal has taken place, and a statement of the employee's step standing as of the next "anniversary" progression date.
19.4	Performance Management
	a)	If and employee fails to make satisfactory progress, his/her progression may be witheld for a period of six months.
	b)	In taking this action, the Employer shall provide the employee with one month's notice with written reasons for withholding the progression and what is required to rectify the unsatisfactory performance.
	c) d)	The performance of an employee whose progression has been withheld as above will be reviewed within six months. If progress and general performance are found to be satisfactory, progression shall be granted and the review date becomes the employee’s new anniversary date. However, if progress and general performance are not satisfactory, the employee shall be either transferred or dismissed. If six months after the review his/her performance has continued to be satisfactory, he/she may be granted the next step in his/her progression. This will then re-establish his/her original progression status.
20	ROLE OF SUPERVISORS
20.1	As members of Hydro One's managerial staff, supervisory employees have a role to play in the resolution of disputes in their work units before they reach the grievance/arbitration procedure. In the event that a dispute reaches the grievance/arbitration procedure, the Society agrees not to discriminate against supervisors who represent Management in Society grievances.
20.2	The Society will exclude supervisors directly involved in a particular grievance from the decisions on the referral of the grievance through the grievance/arbitration procedure. Supervisors will not act on behalf of the Society in matters associated with a particular grievance where the grievance has been lodged by another member(s) who reports to the particular supervisor.
20.3	Society Representatives
	A Society representative will be granted reasonable time off from normal duties and have normal base earnings maintained while acting as a Society representative in any of the steps of the grievance procedure or when required by Management to be a participant in arbitration proceedings under Articles 16, 19, and 64. Requests for time off will be made to Labour Relations, Hydro One Human Resources.