Part XII: Time Worked outside Normal Hours

The following on-call service provisions shall apply.

57.1

Definition

On-call service is the requirement to be available outside normal work hours to meet unusual conditions, satisfy needs for assistance or direction, and return to work within a reasonable time, as specified by the supervisor. During the period of assignment, the staff member must be capable of responding. Normally, employees are not expected to be on call for a continuous, long-term period.

57.2

Payment

57.2.1

Compensation for on-call service is applicable in the following cases:

there is a regular need for it (e.g. weekly, monthly, annually) and;

the supervisor formally notifies the employee of the assignment.

57.2.2

The on-call service payment for any 16-hour period outside normal work hours is one half hour per day calculated at Step 9 MP4/TMS5.

57.2.3

The on-call service payment for any 24-hour period outside normal work hours (i.e., Saturday, Sundays, Statutory Holidays and granted days) is one hour per day calculated at Step 9 MP4/TMS5.

57.2.4

The on-call service payments specified above will apply only to the time periods as specified.

OVERTIME

The following provisions shall apply to employees when assigned to work overtime.

58.1

The method of compensation, for authorized overtime, may be money or time off at the appropriate premium rate. The employee or the supervisor may propose the method of payment, but it is the supervisor's responsibility to approve the method of payment most compatible with the unit's needs. Prior understanding between the supervisor and employee is desirable.

58.2

Day Workers

Overtime Worked	Overtime Hours	Rate of Payment
Monday to Friday	Authorized overtime beyond normal scheduled hours worked in the day	Time and one half (T-1/2)
Saturday	Authorized overtime	Time and one-half (T-1/2)
Sunday	Authorized overtime	Two times (2T)
Statutory Holiday	Authorized overtime	Monday to Friday: Two times (2T) for all unscheduled hours plus a Statutory Holiday credit. Saturday: Two times (2T) for all unscheduled hours worked.

58.3

Shift Workers

Overtime Worked	Overtime Hours	Rate of Payment
Scheduled Work Days	Authorized overtime beyond normal scheduled hours worked in the day.	Monday to Saturday: Time and one half (T-1/2) Sundays and Statutory Holidays: Two times (2T)
Scheduled Days Off	Authorized overtime on a normally scheduled day off.	Monday to Saturday: Time and one-half (T-1/2). Sunday: Two times (2T). Statutory Holidays (Monday to Friday): Two times (2T) plus a Statutory Holiday credit for hours worked up to normal hours for the day. Statutory Holiday (Saturday): Two times (2T).

58.4

For OSS and TMS staff required to work overtime and supervise staff receiving a higher overtime rate than that paid under Sections 58.2 and 58.3 above, the treatment shall be as follows: OSS and TMS staff receive two times their base hourly rate for all work, as described above, performed outside the first four clock hours after normal quitting time, Monday to Friday, and for all such work performed on Saturday.

58.5

In addition to employees covered under Subsection 58.4 employees who are directly involved in the operation, maintenance or construction of production, transmission or distribution facilities (exclusive of head office staff) and who directly supervise or work beside PWU employees will be compensated with the equivalent to PWU overtime premiums for all overtime worked, including the minimum payments received by PWU staff for both emergency and scheduled overtime. Employees work beside PWU employees if, as a regular part of their job, they are required to work with PWU staff on essentially the same job, under the same general conditions, and their presence at site for the overtime in question is necessary for task progress.

Employees may be designated as eligible under the above on an on-going basis or on an assignment by assignment basis at the discretion of Hydro One.

58.6

Recording Overtime

Management shall record assigned and paid overtime and will report the same to the Society every 6 months.

TRAVEL TIME

The following provisions shall apply to employees who are required to travel on business for Hydro One.

59.1

General

Some traveling time outside of normal hours of work to and from work locations, other than the regular work headquarters, is an inherent part of many jobs, for which no additional compensation is normally made.

59.2

Excessive Travel

It is recognized that in some situations travel might be excessive. In these cases, the preference is for the supervisor and the employee to arrive at a mutual agreement as to what constitutes excessive. This determination should be based on the following considerations:

the amount of travel time that is required (hours per day, week and month)
the choice of travel options
the cost of travel choice/option
if the employee travels with PWU employees (i.e., internal relativity)
the time above and beyond the employee's normal travel time between home and normal work headquarters
the desire to compensate for travel time with time off

Where there is no mutual agreement, excessive travel time shall be defined as follows and compensated at straight time:

the travel time in excess of one hour at the beginning and end of the normal scheduled day and greater than the employee's normal travel time; OR
where the daily rate is not exceeded, the travel time in excess of five hours per week greater than the employee's normal travel time; OR
where neither the daily nor weekly rate is exceeded, the travel time in excess of twenty (20) hours per month greater than the employee's normal travel time.
When a special assignment calls for departure from the employee's home in the evening, or on a regular day off, time spent in travel will be compensated at straight time.

59.3

Emergency Overtime Work

Non-Prearranged Overtime Work: Travel time will be paid at the appropriate overtime rates for any work outside and in addition to normally scheduled hours for which there has been no pre-arrangement and an extra trip is required. Notification for prearranged overtime must be given at least 24 hours in advance of the start of such work.

59.4

Attendance at Seminars, Conventions, Etc.

When an employee attends a convention, seminar, training course, or similar function and does not arrive at the destination or depart from it until after normal work hours, no additional time allowance will be paid, i.e., this travel time will be considered as part of the employee's contribution to attendance at a mutually benefiting function of this nature.

Where Hydro One directs an employee to take a training course, travel time will be compensated in accordance with Article 59.2 .

59.5

Flexibility

Variations to the provisions of this Article made by agreement between the supervisor and the employee are permitted, subject to Director approval.

SHIFT WORK (M&P, TMS)

60.1

Definitions

Shift: All scheduled hours of a shift are considered to occur in the calendar day that the shift ends.

Scheduled Work: The hours of work assigned as per the shift schedule. Scheduled work cannot include overtime.

Positive/Negative Time Balances: Total hours accumulated in a time bank less the product of the normal scheduled hours of work for the position times the number of weeks since the time bank was previously balanced to zero. The result may be positive or negative.

60.2

Shift Workers

Consultation with the Society will occur prior to implementation of any future change to scheduled hours. Hours of Work will not be changed as a result of this Article.

Some jobs are shift work jobs e.g. Shift Operating Supervisors. Management reserves the right to put incumbents in these jobs on shift.

The job evaluation plan used to evaluate M&P jobs will be used as the vehicle to determine the relative worth of M&P shift positions within the shift family of jobs, and to establish appropriate relativity between positions in this family and other non-shift M&P positions.

The requirement to obtain and maintain a license(s) to hold a shift position shall be identified in the job document (description and specification).

The number of personnel provided per shift position shall be such that no regularly scheduled overtime will be required. Due to the nature of Hydro One's operations, it may be necessary for employees on shift to work some overtime.

Management shall retain the right to place employees in shift positions for training and development purposes provided that the implications of possible classification changes on completion of the shift development phase are fully identified to the incumbent before the shift position is accepted.

Management shall provide an opportunity for input from employees prior to establishing shift schedules.

Management will use reasonable efforts to provide a minimum of seven (7) days' notice for shift workers when their hours of work, as shown on the regular schedule, are to be changed, except in the case of a forced unit outage or for reasons of equipment failure or safety. Management will use reasonable efforts in revising the regular schedule so as to provide the following minimum hours off between shifts:

Shift change notices between 12-hour shifts will provide at least 12 hours off.

Shift change notices from a 12-hour shift to an eight-hour shift will provide at least 12 hours off.

Shift change notices from an eight-hour shift to a 12-hour shift will provide at least 15 hours off.

Shift change notices between eight-hour shifts will provide at least 15 hours off.

60.3

Shift Allowances (M&P, TMS)

Shift Premiums

Shift work on Saturdays and Sundays: 50% of 95% of the MP4 Step 9 rate per hour worked.
Shift work on statutory holidays: 95% of the MP4 Step 9 rate per hour worked.

The Statutory Holiday shift premium shall be paid on an actual hourly-as-worked basis.

Shift Differentials

For work on an 8-hour afternoon shift (1600 - 2400 hours) - 70¢ per hour worked
For work on an 8-hour night shift (0000 - 0800 hours) - 95¢ per hour worked
For work on a 12-hour night shift only - $1.10 per hour worked.

60.4

Information Technology Organizations (M&P)

In information technology organizations where the shift allowance payable to an M&P Shift Supervisor does not amount to at least 112% of the shift-related payments received by the PWU-represented staff working the same shifts, an annual adjustment will be made to the shift allowance for the M&P Shift Supervisor.

Until Hydro One is able to solve the relativity problem in information technology organizations, M&P shift supervisors shall receive an annual adjustment which would result in a 12% differential between their shift allowance and the shift-related payments received by the PWU-represented staff working the same shifts. Where a 12% differential exists, no annual adjustment will be made.

Employees in information technology organizations who either start or leave an M&P shift position during the year will receive a monthly pro-rated allowance. One-half month's tenure is necessary for receipt of the allowance for that month.

60.5

Ten Hour Shifts

Hydro One may assign employees covered by this Article to 10 hour shifts, without a vote, with the exception of employees subject to the Letter of Understanding re "Hours of Work for Field Management and Professional (FM&P) Staff" dated July 2, 1996.

The following conditions shall apply:

Notice

Management will use reasonable efforts in revising the regular schedule so as to provide the following minimum hours off between shifts:

Shift change notices between 10-hour shifts will provide at least 12 hours off.

ii)

Shift change notices between a 10-hour shift to a 12-hour shift or vice versa, will provide at least 12 hours off.

iii)

Shift changes notices from a 10-hour shift to an 8 hour shift or vice versa will provide at least 15 hours off.

Shift Differential

First shift - 0600 - 1800 hours - no shift differential
Second shift - 1400 - 0200 hours - $0.70 differential per hour worked

Shift Premium

Shift work on Saturdays and Sundays - 50% of 95% of MP Step 9 rate per hour worked.
Shift work on statutory holidays - 95% of MP4 Step 9 rate per hour worked.
The statutory holiday shift premium shall be paid on an actual hourly-as-worked basis.

Special Circumstances

Collective Agreement provisions for time off shall apply except as modified for the following Special Circumstances;

On 10-hour day/shifts the following items will be credited for pay purposes on an hour-for-hour basis:

Vacation

ii)

Floating Holidays

iii)

Sick Leave

iv)

Leave of Absence/Unpaid Time Off

Travel Time

vi)

Medical and Dental Consultation - Periods of less than four hours shall not be deducted from sick leave credits.

In the application of the above-noted items (i) (ii) and (iii), a "days" entitlement will mean eight hours, i.e. a 10-hour day/shift will constitute one day and two hours deducted from credits.

When an employee is scheduled to work a 10-hour day/shift and one of the under-noted conditions occurs, a "day" will be considered to be 10 hours.

Jury duty and attendance at court

ii)

Funerals

iii)

Moving Day

iv)

Time Charges for Attendance at Delegates' Council and meetings of the Society's Board of Directors.

60.6

Periodic Shifts for Non-Shift Workers

Periodic shifts for non-shift employees shall be allowed to mirror shifts created under PWU "periodic shift" agreements in force at the time of settlement, when the Society employee(s) provides direct supervision or technical support (including inspection/testing) alongside such PWU-represented employees for:

field settings

laboratory settings.

In the circumstances described in paragraph 1, above, an employee shall be assigned to periodic shifts for a maximum of 60 working days per fiscal year in the aggregate, under applicable shift provisions of the Collective Agreement including normal shift differentials and premiums. Where the PWU supply non-shift workers, the Society shall not unreasonably withhold its consent to supply consistent supervision for the duration of the project.

This Article does not alter existing local agreements in force at the time of settlement, including agreements reached pursuant to Article 71, and modifications of the provisions of paragraphs 1 and 2 are negotiable as local agreements pursuant to Article 7.

The parties may review the application and operation of this Article prior to the end of the Collective Agreement.

SHIFT WORK (FM&P)

61.1

Intent

Assignment of FM&P staff to shift will normally be on a voluntary basis. However, in the absence of any qualified volunteers, Hydro One reserves the right to appoint specific individuals to perform the work.
An employee who has volunteered may opt out of a shift arrangement by giving one month's written notice, subject to the above.
Except in an emergency situation, at least seven days' notice will be given with respect to shift change notices.
Hydro One will propose shift arrangements and seek the Society's input on proposed shift arrangements.
A minimum period for a shift is four days.
Hydro One reserves the right to terminate specific shift arrangements by giving one month's written notice.

61.2

Definitions (See Article 60)

61.3

Shift Differentials

Scheduled hours worked in shifts commencing during the following hours shall have the following shift differential apply:

two- or three-shift coverage of eight hours or less:

07:00 - 10:00	Zero differential
10:00 - 18:00	An amount equal to one-seventh of FM&P 12 reference point rate per hour worked
18:00 - 07:00	An amount equal to one-fifth of FM&P 12 reference point rate per hour worked

two-shift coverage of greater than eight hours:

06:00 - 10:00	Zero differential
10:00 - 06:00	An amount equal to one-fifth of FM&P 12 reference point rate per hour worked

61.4

Shift Premiums

Scheduled hours worked on Saturday and Sunday will be paid at an amount equal to the employee's base rate plus half of FM&P 12 Step 9 rate per hour worked.

For scheduled work performed on a statutory holiday, the amount paid equals the employee's base rate plus one times FM&P 12 Step 9 rate per hour worked. An additional day off will be scheduled in lieu of the statutory holiday.

61.5

Overtime

Authorized overtime beyond the normal scheduled shift hours shall be compensated in accordance with the overtime provisions of this Agreement.

61.6

Time Balancing

A time bank will be established for each employee to record the total number of scheduled hours worked plus scheduled hours paid for vacation, sick leave, time off in lieu or other approved paid time off. The time bank will be reduced to zero after the duration of the shift schedule.

For positive time balances the employee may elect:

payment at time and a half for 50% of the hours and double time for the remainder;

ii)

time off at straight time.

Negative time balances existing at the end of the shift schedule, or caused by interruption or cancellation, will be written off.

Overtime hours are not counted in the time bank.

61.7

Special Circumstances

In the application of the under-noted items a reference under the appropriate provision to "days" entitlement will mean eight hours. For example, a 12-hour shift will constitute one and one-half days deducted from credits. Items (e) and (f) will be credited, for pay purposes, on an hour-for-hour basis.

Vacation

Floating Holidays

Sick Leave

Leave of Absence

Travelling Time Outside Normal Working Hours

Payment for Relief Work

When an employee is scheduled to work shift and one of the following items applies, a "day" will be considered to be one scheduled shift.

Legal Hearings

Funerals

Moving Day

61.8

10 Hour Days/Shifts

On 10-hour days/shifts the following items will be credited for pay purposes on an hour-for-hour basis:

Vacation

Floating Holidays

Sick Leave

Leave of Absence/Unpaid Time Off

Travel Time

Medical and Dental Consultations - Periods of less than four hours shall not be deducted from sick leave credits.

In the application of (a), (b) and (c) above, a "day's" entitlement will mean eight hours i.e., a 10-hour day/shift will constitute one day and two hours deducted from credits.

When an employee is scheduled to work a 10-hour day/shift and one of the following conditions occurs, a "day" will be considered 10 hours:

Jury duty and attendance at court
Funerals
Moving Day
Time Charges for Attendance at Delegates' Council and Meetings of the Society Board of Directors.

On a 10-hour day/shift, basic Statutory Holiday and special time off provisions remain unchanged i.e., time off and pay entitlements will continue to be calculated on an eight-hour basis. Employees will be given the opportunity to recover two hours when a Statutory Holiday falls on a scheduled 10-hour day/shift and the employee is not given the opportunity to work. Such hours shall be worked at straight time and shall be scheduled by mutual agreement between the employee and his/her supervisor.

On a 10-hour day/shift, authorized overtime beyond 10 hours work on scheduled workdays and all hours worked on scheduled days off shall be compensated in accordance with Article 58.

COMPENSATION AND WORKING CONDITIONS
- 12-HOUR SHIFT SCHEDULE

The following provisions apply to employees who work a 12-hour shift schedule.

62.1

General Provisions

62.1.1

The 12-hour shift schedule will average the regular scheduled hours per week for employees and will indicate the days and hours of work (shift) for each employee. Payment will be determined in accordance with this Article and as outlined elsewhere in Article 60 (Shift Work - M&P, TMS).

62.1.2

The implementation of 12-hour shift work will be on the understanding that its application will not result in any appreciable increase in cost to Hydro One.

62.1.3

Hydro One or the Society shall have the right to terminate 12-hour shift work. Written notice must be provided by the Department Manager to the Society President or vice versa.

If the notice is two months prior to the end of the current schedule, 12-hour shift work will terminate at the end of the current schedule. Reason(s) for termination will be provided by the respective party.

The 12-hour shift schedule may be cancelled immediately by Hydro One should any of the following be adversely affected: safe operation of plant; health of shift workers; public safety.

Shift work monitoring criteria may include employee health, employee safety, employee attitude, attrition, overtime availability, insufficient notice for shift change, operating error, productivity, shift turnover and cost.

When employees at any Department have exercised the right to opt out of time-balanced 12-hour shift work, no new 12-hour shift work may be introduced for those employees without the mutual agreement of local management and the local Society Unit Director.

62.1.4

All policies and agreements which normally apply to employees will continue to apply unless specifically stated otherwise in this Article.

62.2

Shift Differential

A shift differential of $1.10 per hour worked will be paid to 12-hour shift employees for each night shift hour worked, in accordance with Article 60.3 (Shift Work (M&P, TMS).

62.3

Shift Premium

Hourly shift allowances shall be paid to M&P and TMS shift workers, for hours worked as follows:

Shift work on Saturdays and Sundays	50% of 95% of the MP4 Step 9 rate per hour worked.
Shift work on Statutory Holidays	95% of the MP4 Step 9 rate per hour worked.

The Statutory Holiday shift premium shall be paid on an actual hourly-as-worked basis.

62.4

Overtime

62.4.1

Authorized overtime beyond 12 hours of work on scheduled workdays Monday to Saturday inclusive and all hours worked on scheduled days off Monday to Saturday inclusive shall be compensated in accordance with the overtime provisions of this Agreement.

62.4.2

Authorized overtime beyond 12 hours of work on scheduled workdays which are Sundays or Statutory Holidays and all hours worked on scheduled days off which are Sundays or Statutory Holidays shall be compensated in accordance with the overtime provisions of this Agreement.

62.5

On-Call

On-call service payments will not be applied to those employees on the Minimum Availability Requirement (MAR) list (see Section 62.8).

62.6

Special Conditions

62.6.1

The following items will be credited for pay purposes on an hour-for-hour basis:

Vacation

Floating Holidays

Sick Leave

Time Off Without Pay

Travel Time

Medical and Dental Consultations - Periods of less than four hours shall not be deducted from sick leave credits.

62.6.2

In the application of the above-noted items (a), (b) and (c), a reference under the current provisions of this Article to a "day's" entitlement will mean eight hours. Therefore a 12-hour shift will constitute one and one-half days deducted from credits.

62.6.3

When an employee is scheduled to work a 12-hour shift and one of the under-noted conditions occurs, a "day" will be considered to be 12 hours.

62.6.4

Jury duty and attendance at court.

62.6.5

Funerals.

62.6.6

Moving Day.

62.6.7

Time Charges for Attendance at Delegates' Council and meetings of the Society's Board of Directors.

62.7

The basic Statutory Holiday and special time off provisions remain unchanged in that time off and pay entitlements will continue to be calculated on an eight-hour basis.

62.8

Minimum Availability Requirement (MAR) List

62.8.1

In order that a sufficient number of shift employees are on duty to maintain and ensure a continuous operation at any Department utilizing 12-hour shifts, a MAR List will be prepared.

62.8.2

A sufficient number of employees, by job classification and qualifications, will be determined by Hydro One. Employees will volunteer their willingness to be called in to work in this situation, by placing their name on the MAR List under the day(s) they wish to be called. If there are no volunteers, Hydro One reserves the right to assign employees to the MAR List. Employees will not be placed on the MAR List who are scheduled to work on an adjoining shift.

62.8.3

An employee on the MAR List agrees to be available during the Required Availability Period (RAP), to report to work to cover short-term absence. The RAP is the period of time commencing two hours prior to each shift change and ending one hour after each shift change.

62.8.4

If an employee whose name is on the MAR List cannot be available for the specified day(s), the employee must arrange for a substitute acceptable to Hydro One, whose name then would be added to the MAR List.

62.8.5

Volunteering or being assigned to the MAR List for RAP periods does not entitle the person to any compensation, i.e., on-call pay, etc., nor does it guarantee that overtime will result.

62.8.6

In the event that an employee is called to work from the MAR List, he/she will be entitled to overtime premium rates (outlined in Section 62.4) for all hours worked.

62.9

Twelve-hour shift work may be introduced when the following conditions are met:

62.9.1

If local management determines that a 12-hour shift work arrangement is appropriate, a vote will be held in the affected work unit(s).

62.9.2

More than 50% of those eligible to vote in the work unit(s) must vote in favour of 12-hour shift work.

62.9.3

The vote will be determined by a secret ballot scrutinized by the appointees of Hydro One and the Society.

APPENDIX I

Master Schedule Guidelines

1.0

All work groups must follow the same schedule.

2.0

An excessive number of 12-hour shifts cannot be worked in sequence. Three would be the maximum for nights; four would be the maximum for days.

3.0

At least 48 hours off will immediately follow each sequence of shifts. At least two regular days off will be schedule in each week.

4.0

Time balances should cycle between +36, with an additional +4 hours as an exception.

5.0

Other specific rules in the Article should also be noted.

Note:

Supernumerary shifts will be worked between the hours of 08:00 and 16:00. These shifts will be spread evenly throughout the year except for July and August. Supernumerary shifts will only be scheduled in July and August if required for outage schedules.

For hours actually worked by an individual the following implementation rules apply:

2.1

Maximum of 3 night shifts in a row, except for MAR list needs.

2.2

A minimum of 48 hours off per pay period, except for MAR list needs

SHIFT TURNOVER

63.1

A shift turnover allowance will be paid to employees who have been authorized to perform shift turnovers, based on the criteria in Sections 63.2 and 63.3 and in compliance with the chart below.

63.2

Only one person will be paid for each shift turnover, either the incoming or the outgoing shift, but not both.

63.3

Rights to overtime are waived in favour of the above allowance when performing normal shift turnovers. The exception to this is in cases where the turnover is 30 minutes or longer due to unusual circumstances. In such cases all time beyond normal working hours will be compensated according to the overtime provisions of this Agreement in place of the allowance.

Salary Grade
- Payment Per Shift Turnover -
MP6	$16.40
MP5	15.30
MP4	14.40
MP3	13.50
MP2	12.65
TMS 05	12.60
TMS 04	11.80
TMS 03	11.10
TMS 02	10.40
TMS 01	9.70