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Part XIII: Working Conditions

64 REDEPLOYMENT, SURPLUS STAFF PROCEDURE AND CHANGE OF EMPLOYER
64.1 Scope
This Article applies to the redeployment or transfer of employees within Hydro One and from Hydro One to a new employer to whom a portion of Hydro One's business is transferred.
This Article will apply to all employees except temporary employees, and takes precedence over other provisions of this Collective Agreement with regard to vacancies and job placements unless otherwise specified. Article 33 describes the entitlements for temporary employees. Employees on leave (e.g. LTD) or on foreign assignments will be neither advantaged nor disadvantaged upon return from the leave.
64.1.1 Preference for Regular Employees
Surplus regular employees will be retained in preference to temporary employees under the following conditions:
  • within the same Unit of Application;

  • where the regular employees are qualified to perform the work and are able to perform the job within a reasonable period of time given the length of the assignment;

  • where the work is normally performed by Society-represented employees.
Therefore, when there are both regular and temporary employees within the same Unit of Application and a surplus arises, the surplus regular employees will be retained over the temporary employees, if the conditions above are satisfied.
In situations where there are surplus regular employees, they will be used in preference to temporary employees, if a temporary requirement arises and if the above conditions are satisfied.
64.1.2 Grievability/Arbitrability
Employees may use the grievance/arbitration procedure to appeal decisions of the joint teams referred to in this Article if they believe they have been treated unfairly. JRPT decisions and processes are grievable. It is expected that the parties will support their decisions and recommendations. This is not intended to prevent the parties from jointly agreeing to change their decisions and recommendations. The recommendations and decisions by other Joint Redeployment Planning Teams and other Joint Reasonable Offer Teams are without prejudice and cannot be used as precedents in grievance arbitration. Any agreements reached by the parties within the scope of Article 64 are neither grievable nor arbitral.
64.2 Preamble and Principles of Operation
It is intended that the parties will make their best efforts to interpret, apply and administer the provisions of this Article to reflect a balance among the principles set out below and throughout this Article.
The parties are committed to sustaining a work climate that supports a high level of employee commitment, performance and job satisfaction. The following principles reflect our underlying values and beliefs and provide the direction on which this Article is founded:
64.2.1 Career change should be expected and viewed positively.
64.2.2 Individuals are responsible for their own career decisions and should be involved in developing options affecting their careers.
64.2.3 Hydro One and The Society recognize the value of retaining, utilizing and enhancing the asset of employee skills and abilities.
64.2.4 Redeployment issues will be discussed openly and employees and their representatives should be involved in these discussions as early as possible.
64.2.5 Employees will be provided with access to opportunities for learning and development and will take a proactive role in their development to prepare for the future.
64.2.6 It is in the best interests of both our customers and our employees for Hydro One to be a viable and healthy business entity.
64.2.7 Redeployment policies must reflect a balance between the fundamental interests of Hydro One and its employees.
64.2.8 Employees will be treated fairly and with respect and dignity.
64.2.9 Hydro One and The Society recognize that there will be competing individual interests and will structure redeployment strategies which will minimize the occurrence of that competition and its negative impact.
64.2.10 A commitment to short and long range planning is critical for the effective and efficient utilization and deployment of employee skills.
64.3 Definitions
64.3.1 "ADVERSE IMPACT" shall mean that, as a result of a Hydro One business decision, an employee does not have an ongoing position for which he/she is qualified or for whom the only available ongoing position for which he/she is qualified represents a demotion and for which he/she has not voluntarily applied.
64.3.2 "ALLOCATION" shall mean the lateral placement of an employee into an ongoing position where the exercise of employee choice is not required on the basis of the rules set out in Subsection 64.7 and there is no adverse impact.
64.3.3 BASIC PAYMENT IN LIEU OF NOTICE" shall mean 24 weeks.
64.3.4 "CHANGE OF EMPLOYER" shall mean any sale, lease, transfer or any other transaction between Hydro One and any other entity, by virtue of which the ownership or control over any part of the company's business or assets becomes held by such other entity and some or all of the Company's employees become employees of a new employer as part of the commercial transaction.
64.3.5 "CONSENSUS" shall mean an agreement on a given issue that all parties to the agreement can live with and publicly support.
64.3.6 "DECLARED SURPLUS" shall mean that the employee has insufficient seniority and/or qualifications to be matched to an ongoing position that is deemed to be a reasonable offer in his/her unit of application.
64.3.7 "INCUMBENCY" is a concept that will be used as a part of a redeployment process. An employee may be identified as an incumbent only if the position meets the following criteria:
  • the majority of the core functions/key accountabilities are the same;5
  • unchanged location;
  • unchanged hours of work;
  • unchanged salary grade or where the salary grade increases as a result of the prospective addition of duties/accountabilities pursuant to Clause 66.3.1.c.

    5  The operational meaning as determined by the JRPT in adverse impact situations
64.3.8 "LATERAL POSITION" shall mean a job paid from:

a) the same salary schedule and is the same salary grade as the employee's current grade;
or
b) a different salary schedule in which the salary level is equivalent to the employee's current job measured by salary grade Reference Points (100%).
64.3.9 "LATERAL PLACEMENT" shall mean the placement of an employee into an ongoing lateral position or into an ongoing position that is upgraded pursuant to Clause 66.3.1.c.
64.3.10 "MAPPING" shall mean the lateral placement of an employee into an ongoing position where the exercise of employee choice is required on the basis of the rules set out in 64.7 and there is no adverse impact.
64.3.11 "ONGOING POSITION" shall mean an assignment other than a relief of rotational assignment. An employee's ongoing position determines his/her base jurisdiction for the purposes of employment continuity and other entitlements (see Article 5).
64.3.12 "PRIORITY CONSIDERATION" shall mean an obligation to select the most suitable candidate from amongst the qualified surplus applicants for advertised vacancies for whom the vacancy represents a lateral or lower-rated position. If there are no qualified surplus applicants Management is then obliged to select the most suitable candidate from amongst those surplus applicants who can become qualified in a reasonable period of time. Priority consideration is provided to surplus employees.
64.3.13 "PROMOTION" shall mean a position in which the demands and responsibilities are greater than in the employee's current job and the position is a minimum of one salary grade higher than the employee's current job if rated on the same salary schedule or the equivalent of one salary grade higher if rated on a different salary schedule.
64.3.14 "QUALIFIED" shall mean having the qualifications and experience required to perform the job within a reasonable period of time, normally not expected to exceed six months.
64.3.15 "REDEPLOYMENT" shall mean the staffing of new or changed organizations in accordance with the provisions of this Article.
64.3.16 "SENIORITY" shall mean all prior service with Ontario Hydro and Hydro One or other eligible seniority as per the transition provisions in Section 9.4 regardless of breaks in employment, employee category and/or bargaining unit/ representational status. Regular employees who currently work reduced hours or have done so in the past, will have such service calculated as if it were full-time. In the event that a contractor is determined to be dependent, service shall be counted from the date of a declaration of dependent contractor application to the OLRB or the date of joint agreement between Hydro One and The Society regarding contractor status.
64.3.17 "SERVICE" for the purpose of calculating severance shall mean the employee's Established Commencement Date (ECD) and does not include any external experience credits. Employees who have received severance pay under this Article shall not be entitled to the service used to calculate previous severance pay in any future employment with Hydro One.
64.3.18 "SERVICE BASED PAYMENT IN LIEU OF NOTICE" shall be based on the surplus employee's Service Recognition Date (SRD) plus External Experience Value (EEV).
64.3.19 "SUBSIDIARY COMPANY" shall mean a Hydro One subsidiary or holding company.
64.3.20 "VACANCY TRANSITION PHASE" (VTP) shall mean a period not to exceed six weeks following the conclusion of a mix and match during which vacancies are unfrozen and surplus employees who elect to remain for this phase have the right to priority consideration for vacancies in accordance with Subsection 65.6.3.
64.4 Notification and Involvement of The Society
64.4.1 Principle of Prior Involvement
Prior to making final decisions on significant organizational or operational changes that have an adverse impact on the employment continuity of Society-represented employees, Hydro One will establish a team in a timely manner which will include representatives appointed by The Society. The team will examine how the organizational or operational change will be implemented and will strive to develop mutually acceptable recommendations in a timely manner for the appropriate level of Management based on this examination.
64.4.2 Involvement
The Society will be involved in all decisions respecting how Society represented employees are treated with respect to this Article.
There are two levels of involvement in this Article. They are as follows:

a) Joint Consultation

Hydro One and The Society will discuss the issue and attempt to reach a jointly acceptable course of action.

Failing an agreement, Hydro One will make the final decision.

b) Joint Recommendation

Hydro One and The Society will attempt to reach consensus on an issue that will form the basis of a recommendation to senior management.

In the event a JRPT does not reach consensus on the appropriate Unit of Application, the default Unit of Application defined pursuant to Subsection 64.10.1 will be used. Other outstanding issues will be submitted by either party to a standing arbitrator.
64.5 Application
64.5.1 This Article applies to all situations where:
  • There is a change of employer for employees; and/or

  • The employment continuity of employees is adversely impacted; and/or

  • Positions with incumbents are transferred within/between subsidiary companies, relocated or significantly changed (e.g., a change to job duties and/or skills/qualifications and/or rate as covered in the job document) but where no adverse impact results.
These impacts may arise due to organizational and operational changes that include technological changes, workload changes, business process re-engineering and other circumstances.
64.5.2 Where there is no adverse impact, the provisions of 64.7 shall apply.
64.5.3 Where there is adverse impact, the provisions of 64.8 to 64.15 inclusive shall apply.
64.5.4 Where there is a change of employer, the provisions of 64.6 shall apply.
64.5.5 Hydro One shall consult with the Society regarding the applicable redeployment process (i.e., whether to use the "adverse impact" or the "no adverse impact" track) prior to redeploying employees.
64.5.6 Exceptions to mandated "freezes" on filling vacancies in the "change of employer"(Subsection 64.6.6) and "mapping" (Clause 64.7.6.2) processes may be permitted where the parties mutually agree.
64.6 Change of Employer
64.6.1 This Section shall apply where there is a change of employer for some or all employees.
64.6.2 Hydro One recognizes the importance of securing for employees opportunity for continuing employment with the new employer and will endeavour to secure such opportunity for employees with the new employer.
64.6.3 In addition to Article 11, at the earliest possible time prior to the transaction, Hydro One further agrees that it shall provide in writing to the Society all available information relating to the new employer that is relevant to employees to the extent that circumstances reasonably permit. The Society agrees that confidentiality will be maintained.
64.6.4 Until such time as staff positions and numbers to be transferred to the new employer are provided to the Society, employees may apply to vacancies in accordance with the Collective Agreement. All applications from employees ("affected employees") in the affected businesses or assets for laterals and demotions will be processed and considered unless the move would seriously jeopardize the viability of the work unit.
64.6.5 Hydro One will provide the Society with a listing of the potentially affected employees, positions and numbers to be transferred to the new employer as soon as possible. This listing will specifically identify any employees who are from an acquired municipal electrical utility (MEU) and who have been provided with a period of employment protection under the Hydro One Acquisitions Letter of Understanding (LOU#7).
64.6.6 Commencing on the date that Hydro One provides the information described in Subsection 64.6.5, displacements into and selections into or out of the affected businesses or assets shall cease.
64.6.7 Where the number of affected employees exceeds the new employer's needs or where there is adverse impact, the following shall apply:
64.6.7.1 Article 64.8 shall apply to affected employees.
64.6.7.2 Where there continues to be adverse impact, affected employees will be placed through an expedited mix and match process in accordance with Sections 64.9 to 64.10.3. Where there is no adverse impact, the provisions of Subsection 64.6.8 shall apply. Affected employees who are placed in positions with the new employer through the mix and match process will transfer to the new employer.
64.6.7.3 Affected employees who are not placed pursuant to Clause 64.6.7.2 will be redeployed in Hydro One in accordance with the applicable provisions of this Article (i.e., either the "no adverse impact" or the "adverse impact" tracks).
64.6.8 Where the number of affected employees does not exceed the needs of the new employer or where there is no adverse impact for these employees, affected employees will be redeployed into positions with the new employer in accordance with Section 64.7.
64.6.9 Except for employees who terminate pursuant to Section 64.8, employees who refuse to accept a placement with the new employer in accordance with the applicable process (i.e., Subsection 64.7.5 for employees who are allocated, Clause 64.7.6.9 for employees who are mapped, and Subclause 64.10.3.v.9 for employees who are mixed and matched by a JRPT) shall be deemed to have voluntarily terminated Hydro One without severance.
64.6.10 Where as a result of the transfer of employees to a new employer an adverse impact arises for employees remaining at Hydro One, the latter shall be redeployed in accordance with the "adverse impact" provisions of this Article.
64.6.11 The Society agrees that no grievances under the Ontario Labour Relations Act or any other applicable legislation will be undertaken as a result of the implementation of this Section other than to enforce its terms.
No Adverse Impact
64.7 Allocation/Mapping
64.7.1 Where Hydro One redeploys employees and there is no adverse impact, employees shall be either allocated or mapped in accordance with the rules set out in this Subsection.
64.7.2 Hydro One shall consult with the Society prior to determining whether employees shall be allocated or mapped. Process decisions shall be communicated to the affected employees as soon as possible.
64.7.3 Employees shall be allocated where a whole work group/single classification is being transferred to a different organization and/or location and none of the conditions listed in Subsection 64.7.4 apply.
64.7.4 The conditions under which employees shall be mapped include any one of the following:
  • A work unit or function is split within or between subsidiary companies; and/or
  • Relocations are required involving positions with the same classification with more than one regular work headquarters; and/or
  • Where there are a different number of incumbents than positions for which incumbency rights can be exercised; and/or
  • Multiple qualified candidates for a lateral placement.
64.7.5 Where employees are to be allocated, the following rules shall apply:
  • All employees shall be allocated;
  • Employees shall "follow their work";
  • The placement of employees shall be reasonable within the meaning of Subsection 64.11.3. Employees who refuse to accept their placement offer shall be deemed to have voluntarily terminated employment with Hydro One without severance.
64.7.6 Where employees are to be mapped, the following rules shall apply:
64.7.6.1 The redeployment of employees shall take no longer than four (4) weeks from the date when Hydro One finalizes its organization.
64.7.6.2 During the mapping period all vacancies within the affected Division shall be frozen except pursuant to Clauses 64.7.6.6 or 64.7.6.10. Division shall mean the Divisional Default Unit of Application as defined pursuant to Subsection 64.10.1.
64.7.6.3 All employees shall be mapped.
64.7.6.4 Wherever possible, employees shall "follow their work".
64.7.6.5 Employees may be promoted in the mapping process pursuant to Clause 66.3.1.c or where there are essentially no lateral placement opportunities or where the employee has been previously demoted through the application of Article 64 and no displacement of another employee will result.
64.7.6.6 Positions that do not have an incumbent or for which there are no qualified candidates for lateral placement within the affected organization will be filled through the advertised vacancy process pursuant to Section 65.6. The posting period shall be one week. Selections to these positions will be made before finalizing mapping decisions.
64.7.6.7 Under any of the conditions listed in Subsection 64.7.4 or otherwise where it is determined that employees shall be given the opportunity to express their preferences, subject to unit viability, "senior choice, junior force" shall apply. Employees shall have five (5) working days to submit their preferences.
64.7.6.8 If an employee is not an incumbent or following his/her work, he/she may request in writing a review of where he/she has been "draft mapped". The Society and management will expeditiously jointly review this request and may make mapping amendments as necessary.
64.7.6.9 Placement offers shall be reasonable within the meaning of Subsection 64.11.3. Employees who refuse to accept a placement where he/she is the incumbent or where the assignment is reasonable may be deemed to have voluntarily terminated employment with Hydro One without severance.
64.7.6.10 Positions unfilled at the conclusion of the mapping process shall be advertised in accordance with Article 65.
Adverse Impact
64.8 Voluntary Surplus
In circumstances where Management is aware that job loss may occur, subject to work unit viability Hydro One will allow for voluntary termination by an employee in the affected work group. In such cases, employees who terminate their employment, will be entitled to 100% of their own basic and service-based payment in lieu of notice and severance entitlements, plus an additional week of severance for each completed year of service, to a maximum additional payment of 26 weeks' pay. The combined total of the employee severance entitlement, plus the additional week under this Section cannot exceed 78 weeks. The combined total of the payment in lieu of notice and severance entitlement cannot exceed 138 weeks. With the agreement of the Society, Hydro One may offer voluntary separation incentives such as focused pension incentives, retirement bridges etc.
Subject to any Canada Revenue Agency (CRA) rules and regulations, an employee may:
  • Transfer a portion of any monies received into a RRSP; and/or

  • Elect to receive his/her payment in one (1) lump sum or two (2) equal instalments over 2 consecutive calendar years. Where the employee elects two (2) instalments, Hydro One will make the 2nd payment within the first half of the 2nd year.
64.9 Set Up Joint Redeployment and Planning Team
Hydro One shall decide the organizational structure required to carry out approved work programs.
Hydro One and The Society will appoint an equal number of representatives to the Joint Redeployment and Planning Team (JRPT). This team will develop a redeployment plan which minimizes to the extent possible the effect on and number of employees to be declared surplus, consistent with the need to carry out Hydro One's work and will be responsible for overseeing its implementation. The team is also responsible for communications to affected staff. The Joint Redeployment and Planning Team will develop its recommendations/decisions by consensus using problem solving techniques.
Senior Management (e.g., Directors, General Managers) shall meet to discuss with the Joint Redeployment and Planning Team the number and type of positions that will no longer be required.
64.10 Joint Planning - Responsibilities of the JRPT
a) The Joint Redeployment and Planning Team will prepare a report including decisions with respect to:

i) The Unit of Application for identification of surplus staff;
ii) The name of the standing arbitrator and outline of arbitration process;
iii) The process and strategies used for redeploying staff within the Unit of Application;
iv) The preparation of seniority lists and identification of surplus staff;
v) Identification of separation incentives for the purpose of minimizing involuntary terminations.
vi) The timetable of events, including specified deadlines, to ensure that the process is completed within the contractual timeframe.
b) Respond to questions and grievances related to its process and decisions.
c) Ensure that purchased services contracts are reviewed by Hydro One throughout the redeployment process.
d) Appoint JROT members.
64.10.1 Unit of Application
64.10.1.1 Definitions
Unit of Application shall mean the organizational unit (e.g., Department, Division, Business Unit, Subsidiary or a cross Hydro One grouping) in which seniority and the identification of surplus staff shall be administered.
Business Unit shall mean the organizational unit under a subsidiary President/CEO.
Division shall mean an organizational unit under a direct report to a subsidiary President/CEO.
64.10.1.2 Size of the Unit of Application
In determining the size of the unit for purposes of identifying who is surplus, the parties will be governed by the following:
  • The size of the unit will be sufficiently large to provide a fair means for identifying the surplus employee(s).

  • The size of the unit will be sufficiently small to minimize the disruption to both the employee and the work to be done.
A joint recommendation will be made in determining the size of the unit of application.
64.10.1.3 Default Unit of Application
Should the parties not agree to the size of the unit of application for the identification of surplus, then the unit size will be the Business Unit with this exception:
Where fewer than 10% of Society-represented employees in a Business Unit, and fewer than 20% of The Society-represented employees in the Division are adversely affected, then the default Unit of Application will be the Division.
64.10.1.4 Unit of Application Beyond the Business Unit
A JRPT may jointly recommend to a Vice-President or General Manager (or equivalent) that the Unit of Application should be expanded beyond the Business Unit in a surplus situation. If the recommendation is approved, the recommendation will be jointly discussed with the Business Unit(s) into which expansion of the Unit of Application has been recommended. If no jointly agreeable solution is achieved at this stage, the recommendation may be brought by either party to the Society-Hydro One Issues Team ("Issues Team") for consideration and resolution. In appropriate circumstances (e.g., Corporate Functions, Multiple Business Unit JRPTs), matters may be directly referred to the Issues Team.
64.10.1.5 With respect to the Hydro One organization effective July 1, 2007, the default Units of Application shall be defined pursuant to the chart found at Appendix VII.
64.10.1.6 Where organizations have been split and adverse impact subsequently arises in any receiving unit with respect to the functions of these organizations, the default Unit of Application shall consist of the functions from the old organizational unit and new organizational units if applicable.
64.10.1.7 Employees covered by the FM&P Letter of Understanding dated July 2, 1996 will have a Unit of Application that consists of Hydro One.
64.10.1.8 All employees will normally be assigned to one and only one unit of application.
64.10.1.9 Where Hydro One establishes organizational units which do not clearly fit the definitions contained in the unit of application default provisions, the matter of the appropriate unit of application will be reviewed by the Issues Team. The Issues Team will make a decision which ensures that surplus rights are fairly applied.
64.10.1.10 In the event of a change during the term of the Agreement that cannot be resolved by the parties, the following dispute resolution will be used:

a) The parties shall exchange written briefs within 10 working days of reaching impasse on the matter.
b) A mutually agreed arbitrator shall decide the matter within 10 working days after the briefs have been exchanged. The arbitrator has all the powers under the applicable Labour Relations Act.
c) The arbitrator shall hear the matter in the most expeditious manner possible, and shall only hear oral evidence where he or she determines that it cannot be determined on the basis of the written briefs and oral submissions.
d) The arbitrator shall issue an award within 5 working days of the hearing, setting out the default unit of application.
e) The JRPT shall continue to function and develop other elements of its report pending determination of the default unit of application through this process, and the outcome of this process does not preclude the JRPT from achieving consensus on a unit of application notwithstanding the arbitrator's award.
f) This process does not prejudice or waive any grievance rights under this Article, but the arbitrator's award on the default unit of application cannot be grieved.
64.10.2 Process for Staff Changes - Mix and Match
The Joint Redeployment and Planning Team will develop the mix and match procedures to fill positions in the new organizational structure from employees within the Unit of Application. The intent is to sort employees within the Unit of Application among the jobs in the new organization on the basis of qualifications and seniority. In the event there are no qualified employees from the Unit of Application, the positions will be advertised in accordance with Article 65.
JRPTs are expected to keep accurate records of the reasons for deeming employees not qualified. Upon request, the employee will be provided with the written reasons for being deemed not qualified.
64.10.2.1 Mix and Match Rules

1) No promotions except as specified, i.e., only laterals or demotions are permitted in a mix and match process. (Note: Exceptions are described in 64.10.2.1 (11) and 64.10.4 and includes prospective reclassifications pursuant to Clause 66.3.1.c).
2) Applies within the affected Unit of Application except as specified at Rule 13.
3) The process must be open and participatory and involve individual employees in planning and an agreed-upon form of posting within the Unit of Application.
4) In the event there are more qualified candidates than positions available in the new organization, then the most senior of the qualified candidates will be selected to fill the positions.
5) If a job offer is found to be unreasonable by the Joint Reasonable Offer Team, then the JROT will re-examine the match. If no reasonable job is available, then the employee will be declared surplus with full entitlements.
6) Employees who accept a lower-rated position or who experience a reduction in hours of work as a direct result of Mix and Match will be entitled to the provisions of 64.12 "Compensation".
7) Pregnancy Leave and Paid Parental Leave
The employee should be treated as though he/she is at work.
8) Other Leaves/Absences
The employee will under normal circumstances participate in the Mix and Match process.
9) Out-of-Province Assignments
Refer to 6.4 "Employment Continuity during Temporary Out-of-Province Assignments".
10) Temporary Assignments/Rotations
Employees will exercise the redeployment rights applicable to their ongoing positions.
11) Employees Previously Demoted via Article 64
An employee previously demoted through the application of Article 64 is eligible for consideration at up to his/her previous higher level during a subsequent Mix and Match subject to the following:
  • The subsequent Mix and Match (i.e., upon approval of the first report) must occur within two years of the date that the employee reported to the lower-rated position.

  • Displacement of another employee at a level higher than their current level is not permitted.
12) Promotion-in-Place Programs (PIPs)
a) Employees in a PIP will be retained in their PIP (should it continue to exist) based on seniority, subject to item (d) below.
b) Employees in non-PIP positions or in other PIPs will be considered for PIP positions subject to the following:
i) for lateral or lower-rated levels of the PIP only;
ii) must be minimally qualified at the entry level of the PIP;
iii) able to achieve the terminal level of the PIP;
iv) placement is based on seniority.
c) Employees in a PIP position will be considered for non-PIP positions for which they are qualified, subject to the following:
i) considered for lateral or lower-rated positions;
ii) placement is based on seniority.
d) Hydro One may determine a minimum number of employees qualified at the terminal level of the PIP at an appropriate work unit level (e.g., Division, Department, Section).
13) Any employee may be matched to a vacancy for which he/she is qualified outside of the Unit of Application based on other Mix and Match rules provided that no displacement of another employee results.
64.10.2.2 Available Options if Employee Refuses a Job Offer
An employee who rejects an offer that is upheld by the Joint Reasonable Offer Team (refer to 64.11.3) as reasonable must, within 48 hours of being advised of the decision, choose between options (a) or (b) as follows:
a) Accept job offer; or
b) Confirm refusal and terminate with 75% of lump sum payments pursuant to Clause 64.13.2.2.
Exception: Employees who have been demoted as a result of the direct application of Article 64 and who, in a subsequent mix and match, face a demotion again due to the direct application of Article 64 will be allowed to choose between accepting the demotion or being declared surplus with full entitlements. They will not be required to submit to the JROT process.
64.10.2.3 Refusal of an Incumbent Position
Where an employee has been declared to be an incumbent to a position by the JRPT, he/she will not be entitled to file a challenge with the JROT in relation to the incumbent position. If the employee does not accept a match to his/her incumbent position, he/she may be deemed by Management to have voluntarily terminated his/her employment with Hydro One.
64.10.3 Sequence of Events
The following process shall apply in situations where an adverse impact arises:
(i) Where the number of employees exceeds Hydro One's needs, Section 64.8 will apply.
(ii) The filling of Society-represented vacancies pursuant to Subsection 65.6 shall be frozen across Hydro One during the mix and match period. These vacancies will be unfrozen when the mix and match is concluded and surplus employees (if any) are identified.
(iii) The mix and match process will take no longer than 4 weeks. Prior to the beginning of the 4 week period, Management will provide the JRPT with the following information:
  • Details on the new organizational structure at a detail level that will indicate the classification, location, number of positions in the new organization;
  • A seniority list by pay grade and occupation code;
  • Identification in writing of the qualifications and selection criteria for positions without incumbents, for the affected work group.
(iv) A standing arbitrator will be appointed at the beginning of each mix and match.
(v) The mix and match process will involve the following steps with viability check after each step:
1. Incumbent matching
2. Matching to lateral vacancies in the same location (Volunteer/Force)
3. Volunteering for location change and/or a demotion.
(Note: Steps 1, 2 and 3 require organizational charts only within the work group. Steps 1-3 only apply to the new/changed organization).
4. Matching to lateral vacancies in another location in Hydro One (Volunteer/Force).
5. Displacement on the basis of seniority and qualifications to the most junior lateral first in the Unit of Application
6. Matching to demotion vacancies descending within salary grades in Hydro One (Volunteer/Force)
7. Displacement on the basis of seniority and qualifications to the most junior demotion (descending within salary grades) in the Unit of Application.
(Note: Steps 4, 5, 6 & 7 do not require organizational charts).
8. If unable to be placed through any of above steps, the employee will be declared surplus.
9. Subject to subsections 64.11.3 and 64.10.2, employees who refuse a placement in the above process will be considered to have resigned from their employment.
64.10.4 Identification of Surplus Employees
The Joint Redeployment and Planning Team will compare the seniority of employees performing work that requires substantially the same qualifications and experience. In addition the team will compare the qualifications and experience of displaced employees with the qualifications and experience required by lateral or lower rated positions in the Unit of Application and retain the most senior at that level in descending order. Through this process the Joint Redeployment and Planning Team shall decide by consensus which employees within the Unit of Application have greater seniority and shall be retained to fill the ongoing positions and which employees have least seniority and shall be declared surplus subject to (a) and (b) below.
Seniority rights apply to lateral and lower rated positions but are not applicable to higher rated positions except for prospective reclassifications pursuant to Clause 66.3.1.c. The exception to this can occur where there are essentially no lateral or demotional positions with respect to which an employee can exercise his/her Employment Continuity rights and where the JRPT believes there are reasonable opportunities for promotion. The JRPT will identify the individual employee(s) or categories of employees facing these circumstances and the positions or categories of positions that represent promotional opportunities.
Employees who are not supervisors shall not exercise their seniority and displace supervisory employees with respect to supervisory positions unless they have supervisory qualifications. Employees who are not First Line Managers (FLM) shall not exercise their seniority and displace FLM employees with respect to FLM positions unless they have FLM qualifications.
Employees in positions covered by Article 25 ("trainees") will not normally have their seniority considered with employees from Salary Schedules 01 or 02. The Joint Redeployment and Planning Team may decide on exceptions when trainees have achieved at least Step 2 and have greater seniority than entry level employees on Salary Schedules 01 or 02 or where Article 25 is being used as a salary bridge for employees selected to Salary Schedules 01 or 02 positions.
For the purposes of Subsection 65.6.3 where the Joint Redeployment and Planning Team has agreed to make exceptions based on the above circumstances, such trainees will have priority consideration in the same manner as other Salary Schedule 01 or 02 surplus employees. Where the Joint Redeployment and Planning Team does not accept that the circumstances warrant exceptions, trainees will have priority consideration for MP2 and equivalent or lower rated vacancies following consideration of the surplus regular employees from within the bargaining unit and before the applications of all other employees.
Employees from outside of the bargaining unit shall not displace Society-represented employees.
In the event that the team is unable to reach consensus on the identification of surplus employees, Hydro One will determine who is declared surplus in accordance with the provisions of Subsection 64.10.4.

a) Viability of the Work Unit
If the ability of the organizational unit to adequately perform its functions is placed in jeopardy by the application of seniority, the Joint Redeployment and Planning Team may decide to protect sufficient lesser service employees to restore the viability of the organizational unit. If the team is unable to reach consensus, then Senior Management (e.g., Directors, General Managers) will decide. In situations where junior staff are protected by the implementation of this Subsection, and where the Unit of Application is smaller than a Business Unit, greater service employees who cannot be placed as a result of such protection shall have the right to have their seniority applied across the Business Unit.
b) Employment Equity
If employment equity programs will be seriously set back, the Joint Redeployment and Planning Team may by consensus agree to protect sufficient lesser service employees in order to prevent such a set back from happening and extend the same provisions as set out in (a) above. This provision is not intended to further or enhance employment equity initiatives. Where the team has not reached consensus on the need to protect lesser service employees because of employment equity concerns, then the normal rules for identifying surplus employees on the basis of seniority will apply as outlined above in Subsection 64.10.4.
64.10.5 Declared Surplus
Employees declared surplus will receive written notice. The written notice shall contain:
  • The cause of the surplus.

  • A reference to this Article.

  • The expected expiration date of the "vacancy transition phase".

  • The right to Hydro One wide priority consideration for vacancies in accordance with Subsection 65.6.3 if the employee elects to remain for the "vacancy transition phase" or elects to receive his/her severance payment in weekly instalments to a maximum of one year.

  • An election form that the employee is required to fill out and return within three (3) working days indicating whether or not he/she wishes to remain for the "vacancy transition phase" or to terminate immediately.

  • The total monetary value of the payment in lieu of notice and severance entitlements.

  • The anticipated date the employee will vacate his/her position.
64.10.5.1 Voluntary Surplus
An employee from the affected unit of application who would not otherwise be surplus may volunteer to be declared surplus, subject to the following:
a) The withdrawal of surplus status will be offered in seniority order to those surplus employees who are qualified to perform the duties and responsibilities of the position of the employee who is volunteering.
b) The surplus employee will not be considered for a promotion, but may be considered for a promotion-in-place position.
c) This must result in the withdrawal of surplus status from the surplus employee.
d) The employee who is volunteering to be surplus will assume the surplus entitlements of the surplus employee who has his/her surplus status removed. A JRPT may recommend that different entitlements be made available to employees volunteering to be surplus.
e) The exchange of employees arising out of the application of these provisions is subject to the approval of Hydro One. The decision to approve (or disapprove) will be on the basis of further disruption to the work of the affected work unit.
64.10.5.2 Vacancy Transition Phase (VTP)
Employees who are declared surplus have the option of remaining on payroll for the vacancy transition phase", which will last for a maximum of six (6) weeks. During the VTP, vacancies frozen at the beginning of the mix and match will be unfrozen and management must finalize the selections for these vacancies by the end of this period. The posting period will be one week. Surplus employees who remain during the VTP will have priority consideration for vacancies in accordance with Subsection 65.6.3. Subject to Section 64.14, surplus employees who remain during the VTP who have not accepted an offer of a position by the end of the VTP will be terminated. Surplus employees terminated at the end of the VTP will have their entitlements calculated as of the date of surplus declaration (e.g., the period on payroll during the VTP will be deducted from the severance and in lieu of notice payment on termination).
Employees who elect not to remain on payroll during the VTP will be terminated immediately and receive payment in accordance with Section 64.13.
64.11 Job Offers
64.11.1 Acceptance/Rejection of Job Offers
A surplus employee will have up to 7 calendar days to accept or refuse an offer of a position.
64.11.2 Assessment of Suitability
If there is more than one applicant for a vacancy within The Society's jurisdiction, the applicants will be considered in the priority set out in Subsection 65.6.3.
Within each category the most suitable candidate will be selected.
64.11.3 Reasonable Offer Challenge Process
A Joint Reasonable Offer Team (JROT) will be established for each Unit of Application established under this Article.
This team will resolve employees' appeals arising from offers made during the mix and match process.
The team will meet and make a decision within three (3) working days of receipt of the appeal. The decision will become part of the JRPT final report recommendation.
It will take into consideration items such as job level, geographical location, responsibilities, status, health, family, legal precedents, community standards and past practices.
The team will be made up of two employees representing Hydro One and two employees representing The Society. The members of the team must be different than those on the Joint Redeployment and Planning Team. The team's membership composition should avoid conflict of interest.
The surplus employee is responsible for presenting his/her own case.
64.12 Compensation
64.12.1 Salary Maintenance
64.12.1.1. The surplus employee's base rate of pay will be maintained, including economic increases and special allowances in the case of TMS staff (refer to Article 30), until placement or termination.
64.12.1.2 If an employee accepts a position at the same salary level, it will be at the same salary and performance level subject to later performance reviews. Entitlement to special allowances for TMS staff will reflect the conditions of the new position.
64.12.1.3 If an employee accepts placement in a lower rated position his/her current base salary dollars will be frozen until the employee's current pay entitlement as determined from the salary grade and performance standing exceeds the frozen level. This salary treatment must be conveyed in writing when the offer is made.
Exception:
An employee who is within three years of eligibility for an undiscounted pension will be entitled to any negotiated economic increases for the period of time prior to qualifying for the undiscounted pension. In the event that the employee does not retire upon qualifying for an undiscounted pension, his/her base salary dollars will be frozen at that time. (This would include any economic increases occurring during the period of time prior to qualifying for an undiscounted pension.) At this point, the normal salary maintenance provisions will apply.
64.12.1.4 Premiums will be calculated on the basis of the performance standing assessed for the lateral or lower rated job.
64.12.2 Reduction in Hours of Work
(Applicable to Employees paid from Salary Schedules with base 35-hour workweek)
64.12.2.1 Principles
  • Pay should reflect hours worked.

  • Pay should reflect the job performed.
64.12.2.2 Where employees move to positions where the normal weekly hours are less than in their former positions, the following will apply:
a) The Society and Hydro One will attempt to reach a local agreement on a transition which would allow the affected employees to work additional hours above the 35 hour base for an extended period of time with staged reductions.
64.12.2.3 Failing agreement in accordance with Clause 64.12.2.2, the following treatment will apply:
The employee's working hours and salary will be frozen for a six-month period at which point they will be reduced on a pro-rated basis by 2.5 hours. They will be further reduced by increments of 2.5 hours every six months thereafter until such time as the hours of work are the same as that of the new position.
64.13 Compensation on Surplus Termination
64.13.1 Payment in Lieu of Notice Entitlement Calculations
All full-time and reduced-hours employees who are declared surplus will have a payment in lieu of notice entitlement calculated as follows:
  • no less than a 24 week basic payment in lieu of notice entitlement;

    plus
  • service-based payment in lieu of notice entitlement equal to the sum of:

    • two (2) weeks per year of service for the first five years of service, and

    • one (1) week per year of service for service greater than five years, and

    • employees with relevant previous experience will receive additional service-based job search credits based upon their highest salary grade within one year of hiring in accordance with the following:

      Salary Grade Hired Into Credit
      MP1/FMP11/MS1-2/ 2 weeks
      MP2/FMP12/TMS3/ 4 weeks
      MP3/FMP13/TMS4/ 6 weeks
      MP4/FMP14/TMS5/ 8 weeks
      MP5/FMP15/OSS12/ 10 weeks
      MP6/FMP16/ 12 weeks

  • For reduced hours employees, the service-based payment in lieu of notice entitlement will be calculated as if all service had been worked full-time.

    The total payment in lieu of notice entitlement will not exceed 60 weeks.
64.13.2 Severance, Lump-Sum Payments and Voluntary:Resignation
64.13.2.1 Severance
Severance pay for the purpose of this Article will be calculated, for employees with less than 20 years' service, at a rate of 2 weeks for each year of service at the date of surplus declaration. Employees with a minimum of 20 years of service shall receive severance pay of 3 weeks per year of service at the date of surplus declaration to a maximum of 78 weeks. It will be calculated at the weekly rate for base hours of work for the full-time position (refer to Section 71.2) to the nearest whole month (30 days). Credit will be given on a prorated basis for any service which exceeds a whole year to the nearest whole month (30 days). The relativity allowances paid to TMS staff will be treated as base salary in the calculation of severance for TMS staff.
Severance pay is paid only when employment has terminated.
Persons receiving severance pay will not be considered employees for the purpose of any benefit, service accumulation nor for any other purpose from the day of termination except for recall as per Section 64.15.
The maximum amount of severance is 78 weeks.
64.13.2.2 Lump Sum Payments and Voluntary Resignation
On termination, surplus employees will be entitled to their payment in lieu of notice and severance entitlements in the form of a lump sum payment in accordance with the following:
One hundred percent (100%) of their basic payment in lieu of notice entitlement, plus 100% of their service based payment in lieu of notice entitlement plus 100% of their severance pay entitlement, less any period on payroll during the vacancy transition phase if applicable.
64.13.2.3 Previous Severance and Lump Sum Payment
Surplus employees who have received a payment under a predecessor Article 64 or Agreement S3 will have their severance calculated on the basis of continuous service since the last time severance was paid.
64.13.2.4 Transitional Assistance
On termination, surplus employees shall also be eligible for the following:
i) Coverage under Hydro One's Health and Dental Plan for a period of nine (9) months from the date of termination of employment or until the commencement of alternate employment whichever occurs first;
ii) Reimbursement for tuition fees and other associated expenses up to a maximum of $4,000.00 upon production of receipts from an approved educational program within 12 months of his/her termination;
iii) Reimbursement of outplacement services up to a maximum value of two weeks salary (e.g. Outplacement counselling, legal or financial counselling, external job search expenses), upon production of receipts.
iv) Recall and vacancy selection priority rights pursuant to 64.15.
64.13.3 Legal Notice of Termination of Employment
It is agreed that compensation for basic payment in lieu of notice and the service-based payment in lieu of notice is sufficient and full notice as per the requirements of the relevant legislation. This Article meets the requirements of the Canada Labour Code for federally regulated employees.
64.14 Termination of Employment
If a surplus employee who elects to remain on payroll during the Vacancy Transition Phase is not placed by the end of this Phase he/she will be terminated with severance pay entitlement as per Sub-clause 64.12.2.2.1 Severance.
Surplus employees on rotation may continue employment with Hydro One beyond the Vacancy Transition Phase at the discretion of the receiving unit (i.e., the unit with the rotational assignment). Normally the extension will be for the duration of the rotational assignment, but a cancellation provision (minimum of 30 calendar days) may be included as one of the terms of the rotational assignment at the discretion of the receiving unit. For the period of employment following the expiration of the Vacancy Transition Phase, employees will be considered per Clause 65.6.3 (f) for selections to corporate vacancies. The period of employment extension shall not be used for the calculation of any entitlement (e.g., severance and payment in lieu of notice) under this Article. In all other respects, the affected employees will be treated as regular employees under the Collective Agreement.
Throughout this Article, wherever surplus employees eligible to retire terminate their employment voluntarily or involuntarily, such employees will be entitled to full retirement benefits in addition to full entitlements under this Article.
64.15 Recall Rights
Employees whose employment is about to terminate are entitled to the following:
a) A terminating surplus employee will be eligible for either:
  • a weekly paid severance payment with entitlements to recall within Hydro One;

    or

  • a lump sum severance payment with no right to recall.
b) Terminated surplus employees with more than 3 years service will be eligible for recall rights for 12 months from the date of their termination. Employees on Schedule 04 or who have less than 3 years service will be eligible for recall rights for 24 months from the date of their termination.
c) Former surplus employees with recall rights will be considered for vacancies in the bargaining unit as per Subsection 65.6.3, including their right to grieve non-selection (refer to Subsection 65.6.3).
d) Weekly severance payments will cease in the event a terminated former surplus employee is rehired.
e) Severance pay received prior to recall will be subtracted from any future severance pay entitlements under this Article.
f) Persons on recall are not employees and shall not be entitled to any benefits provided to employees except recall rights as noted above.
64.16 Relocation and Housing Assistance
64.16.1 Hydro One will restructure the cost of relocation so it mitigates the disincentive in the redeployment of surplus staff.
64.16.2 A surplus employee in a community where Hydro One's presence influences the housing market may avail himself/herself of the House Evaluation and Guarantee Plan in accordance with the Hydro One policy.

65 VACANCIES (RELIEF, ROTATIONS AND SELECTIONS)
65.1 Intent
To provide open, fair access to career opportunities and enable Hydro One to optimize staffing requirements over time.
65.2 Definitions
Relief/Rotations assignments are short assignments where an individual is assigned duties outside their normal job duties.
"Relief" assignments will mean short term assignments (normally up to 3 months) where an individual is appointed to act temporarily in an ongoing position or which is expected to become an ongoing position. In some cases, the individual may not be required to perform all of the duties and responsibilities of the position.
Rotations will mean assignments normally greater than 3 months but not exceeding 2 years in duration in positions which are not expected to be ongoing.
65.3 Advance Planning
Prior to filling the work assignment, Management will meet with the local Society representative to discuss the nature of the requirement (e.g., relief, rotation) its expected duration, the selection process and whether there is an expectation that the work assignment will result in an on-going position.
65.4 Relief
65.4.1 Relief is used to cover (a) short-term absences for vacation, sickness, relief absences, etc., (b) short-term bridging periods for selection or rotation, and (c) short-term emergency situations.
65.4.2 The process for selecting the employee to fill the relief assignment should be easy and quick and provide a fair opportunity to employees in the work unit to perform relief.
65.4.3 If there is mutual agreement between the Society Unit Director and Management prior to the beginning of the relief assignment, the relief assignment and the incumbent(s) can run for a period of up to one year. In the absence of mutual agreement, the relief assignment is limited to 90 days.
65.4.4 Relief assignments will not be used continuously to avoid advertising either a rotation or an ongoing position.
65.4.5 Pay treatment while on relief will be in accordance with Article 66.
65.5 Rotations Within the Bargaining Unit
(This Article does not apply to rotations outside the unit.)
Rotations are used to accomplish work for situations that occur between short-term relief and on-going positions. At the completion of the rotation, the employee will return to his/her original position or a comparable position normally within the sending unit, except in the circumstances where the employee is surplus (see Article 64).
65.5.1 Principles
Job rotations serve many purposes such as:
a) to provide development opportunities to employees consistent with their career objectives;
b) to allow Management to meet temporary work programs and work load requirements;
c) to manage work performance or to test skills and capabilities where it is believed that an employee's skills and capabilities may be better utilized in another position;
d) to broaden the experience of employees so that they may better perform their regular jobs;
e) to provide employees with the opportunity to develop new skills for career advancement or to enhance career options in the case of anticipated redeployment or technological change which could result in skill redundancy or obsolescence;
f) to meet Hydro One's employment equity objectives;
g) to provide Management with flexibility in resourcing regular positions as a result of employees being provided rotational opportunities and temporary relief assignments.
65.5.2 Rotations which are expected to last six (6) months or longer in duration will be posted unless there is agreement with the Society. The scope of the posting will be determined by the receiving unit and may be within the Department, Division/Business Unit or Hydro One-wide. Hydro One will post rotational opportunities on the Hydro One website.
Unless there is mutual agreement, the rotation will not continue beyond two years except where the position is formally identified as an ongoing training position.
A job rotation posting should include basic information such as the position name and location, salary level, a description of required duties, starting date and proposed duration of the rotation.
65.5.3 The optimal selection process is one in which the employee's interest in the job rotation opportunity, the sending unit's ability to release the employee and the receiving unit's interest in the employee coincide. Rotations will be voluntary.
The selection process should include the use of formal selection criteria and interviews will be the responsibility of the receiving unit.
65.5.4 Employees selected for rotation will be provided with a letter in advance of the rotation stating the nature, terms and conditions of the assignment, including rotation duration and details of the performance appraisal process. These terms and conditions should be mutually acceptable.
65.5.5 An employee, other than those who are surplus, who accepts a job rotation will be given a guarantee by the sending unit that he/she can return to his/her original position, if available, or to a comparable position normally with the sending unit.
65.5.6 Terms and working conditions while on a job rotation will comply with all applicable Articles in the Collective Agreement concerning pay treatment, overtime, performance pay plan and appraisal process, moving expenses, travel expenses and related Hydro One policies.
65.5.7 Employees should not be restricted from applying to advertised vacancies or from being subsequently released from the rotational assignment if selected where the employee is surplus or the vacancy represents a promotion.
65.5.8 Performance feedback is an essential ingredient in any rotational assignment and should be provided during and upon completion of the rotation. A rotation should not normally have a negative effect on an employee's performance pay standing.
65.6 Selections for Ongoing Positions (i.e., Assignments Other Than Relief or Rotations)
65.6.1 All vacancies for ongoing positions (i.e., assignments which do not fall into the category of relief or rotations) shall be advertised Hydro One-wide unless there is agreement with the Society Unit Director or the following conditions apply:
a) during implementation of Article 64 (Redeployment, Surplus Staff Procedure and Change of Employer);
b) laterals or demotions in the case of sickness; employees with disabilities or special needs; employees returning from rotations, LTD, leaves of absence, foreign assignments, secondments/assignments outside Hydro One;
c) performance management that takes place following consultation with the Society;
d) ongoing exceptions in specified organizational units where there has been joint agreement by the parties.
e) "promotions" within a promotion-in-place plan or a proposal which has the joint agreement of the Issues Team in accordance with Subsection 32.3.1. Vacancies for positions in a promotion-in-place plan will be advertised in a manner which informs employees that the position is included in a promotion-in-place plan and that where the best candidate does not satisfy the qualifications or experience required for the end position the employee may be offered the position at a lower rate and be promoted in place.
Employees in categories (a) to (e) in subsection 65.6.3 will be considered at all levels of the PIP prior to those employees in categories (f) to (h) and subject to unit viability. Unit viability which would alter this consideration will be discussed in advance of advertising the PIP.
Exceptions to provide for the advertising of the position at a lower rate than the end position will be permitted by joint agreement between the Society Unit Director and the Business Unit Leader based upon a balanced consideration of:
  • future work planning needs

  • providing developmental opportunities for lower-rated staff outside of the promotion-in-place plan

  • current work requirements

  • unit viability and the need to have sufficient number of staff in the end positions.
In such cases, the vacancy notice will state that the position is part of a PIP Plan and surplus employees will be considered for placement at a lateral level.
f) a regular position currently held by an employee where a job review has resulted in a change in salary schedule and/or salary grade.
g) to fill vacancies with the same occupation code within six (6) months of the ongoing posting, in which case Management may select from the previous list of candidates, after checking that surplus employees have not become available for consideration since the vacancy was last advertised;
h) to meet legislative requirements;
i) pursuant to Section 25.9.
65.6.2 All applications which represent a promotion must be processed.
When an application to an advertised vacancy represents a lateral or demotion to a non-surplus employee, the following will apply:
a) Applications from employees with less than one year's service in their current position will be processed and considered if the employee's supervisor agrees.
b) Applications from employees with one to three years' service in their current position will be processed and considered if, in the opinion of the current supervisor and the hiring supervisor, the move on balance would be in the best interest of Hydro One and the employee.
c) Applications from employees with over three years' service in their current position will normally be processed and considered unless the move would seriously jeopardize the viability of the work unit.
65.6.3 Selection Priority for Vacancies
If there is more than one applicant for a vacancy within the Society's jurisdiction, the applicants will be considered in the priority set out below:
a) Surplus Society-represented applicants who have elected to remain on payroll for the "vacancy transition phase" for whom the vacancy represents a lateral or demotion including surplus trainees applying for MP2 or equivalent or lower rated positions on Schedules 01 and 02 who have progressed to at least Step 5 and who were mixed and matched with Schedule 01 and 02 employees;
b) Surplus employees paid from Salary Schedules 04 who were not mixed and matched with Schedule 01 and 02 employees and who have greater seniority than Surplus Applicants on Salary Schedules 01 and 02 and have elected to remain on payroll for the "vacancy transition phase" will have priority consideration for MP2 and equivalent or lower rated vacancies before the applications from all other individuals other than those in (a) above.
c) Surplus Management Compensation Plan (MCP) applicants from positions that are excluded from the Society for whom the vacancy represents a lateral or demotion who remain on payroll during the six week period following their surplus declaration.
d) Surplus terminated persons with recall rights pursuant to Section 64.15.
e) Rehabilitative employees pursuant to Section 47.5.
f) All regular Society-represented and regular MCP applicants to the vacancy. This includes applicants from another Society bargaining unit with selection priority pursuant to the transition provisions in Article 9.
g) Temporary employees and employees temporarily included in the Society's bargaining unit paying Society dues (See Section 5.2).
h) Members of other bargaining units who are active employees of Hydro One.
i) External to Hydro One.
Assessment of the suitability of a surplus employee for a lateral or lower level placement opportunity will include education, experience, personal contribution factors and potential for training to perform the job requirements within a reasonable period of time (e.g. up to six (6) months). A surplus employee who is placed and who requires additional training to perform the job requirements will be provided with assistance to obtain the necessary training and development to perform the new job requirements. Hydro One will restructure the cost of retraining so it mitigates the disincentive in the redeployment of surplus staff.
A determination that none of the applicants in category (a) is qualified or qualifiable within a reasonable period of time is required before considering the applicants from the next category. The same is true with respect to categories (b), (c), (d), (e), (f) and (g). "Qualifiable" means that the employee can perform the job requirements normally within 6 (six) months.
See subsection 65.6.1 for priority consideration of applicants to promotion in place plan vacancies.
Hydro One agrees to grant priority to Society represented employees who are surplus and to those who fall within subsection 65.6.3(e) who apply for positions excluded from all union jurisdictions and for whom the vacancy represents a lateral or demotion, after the consideration of surplus applicants who are excluded from all unions for whom the vacancy represents a lateral or demotion and prior to consideration of all other applicants.
Regular MCP applicants are granted the same priority consideration as regular Society-represented applicants at level (f) on condition that Society-represented applicants are granted the same priority consideration as MCP applicants for MCP vacancies except as otherwise provided for in this sub-section.
65.6.4 In determining who is the best qualified candidate for positions, in each category of subsection 65.6.3, the primary basis for the selection of employees is their assessed capability to perform the necessary work. The selection criteria would normally include but not be limited to the following:
a) requirements including skill, knowledge, education, experience, transferable/generic skills such as analytical skills, communications skills, project management skills, consulting skills, self-management skills, accountability, responsibility, etc.;
b) the candidate's past track record and what she/he brings to the position;
c) the candidate's potential to develop competence for more senior positions;
d) the need to meet legislative requirements;
e) the need to balance the overall requirements of the work unit.
65.6.5 Employee selection measures which are used as aids in selection decisions shall be job related and be used in a manner that is fair and equitable to the individuals being assessed. Individuals will be entitled to prior knowledge of the selection criteria and be entitled to information with respect to their performance in the selection process upon request.
65.6.6 Some flexibility should be exercised in accepting late applications to advertised vacancies after the closing date in order to permit employees a fair opportunity to continue employment yet still allowing the Business Unit to resource expeditiously.
Where the closing date is FIRM, it must be stated clearly in the vacancy posting that late applications will not be considered.
a) Surplus and non surplus employees are normally expected to have made application to a vacancy by the closing date.
b) It is recognized that in some instances, there will be applications filed after the official closing date. In these cases, unless the closing date is FIRM, late applications must be filed with the advertising location NOT later than the date that the "short list" of applicants is finalized for formal consideration.
  • The term "Short List" refers to the first list of applicants who Management plans to interview for a vacancy.
c) Employees who have applied for vacancies and are later declared surplus have until the "short list" date to notify the advertising location of the change in their status.
65.6.7 Applicants to advertised vacancies are to be advised of the status of the vacancy (and of their applications) within a reasonable period of time for each successive step they qualify for.
65.6.8 Hydro One shall provide copies of all offer letters, including for rotational assignments and new hires, to the Society Unit Director.
65.6.9 When outstanding vacancies remain unfilled for longer than six months, employees in the work unit concerned should be advised of the reason for not filling such vacancies.
65.6.10 All positions on salary schedules 01, 02, and 03 which are excluded under the Recognition Clause and first-level ESR vacancies including rotational opportunities expected to last longer than six months will be posted on appropriate bulletin boards (and through electronic means where possible).
65.6.11 Release of Employees Selected to a Vacancy
Intent:
a) Hydro One will strive to facilitate the expeditious release of employees who are selected to a vacancy.
Normally, employees should be released within 90 days of the vacancy selection. In the event that a release date greater than 90 days appears likely, Management will discuss the reasons for the delay and a release date with the Society.

66 SALARY TREATMENT FOR PROMOTIONS, TEMPORARY ASSIGNMENTS, LATERAL TRANSFERS AND DEMOTIONS
66.1 Definitions
"Promotion:" This occurs when an employee is appointed to a position in which the demands and responsibilities are greater than in the employee's current job and the position is a minimum of one salary grade higher than the employee's current job if rated on the same salary schedule or the equivalent of one salary grade higher if rated on a different salary schedule.
"Higher-Rated" Job:
A job paid from:
a) the same salary schedule and is a minimum of one salary grade higher than the employee's current job; or
b) a different salary schedule in which the salary level is greater than in the employee's current job, measured by Step 9 salary grade rates.
"Lateral Transfer":
This occurs when an employee is appointed to a job paid from:
a) the same salary schedule and is the same salary grade as the employee's current job; or
b) a different salary schedule in which the salary level is equivalent to the employee's current job, measured by Step 9 salary grade rates.
"Demotion": This occurs when an employee is appointed to a position in which the demands and responsibilities are less than in the employee's current job and the job is a minimum of one salary grade lower than the employee's current job if rated on the same salary schedule or the equivalent of one salary grade lower if rated on a different salary schedule.
66.2 Promotion
66.2.1 It is normally expected that an employee will receive a salary increase upon promotion to compensate for the greater demands and responsibilities of the new, or revised, job.
66.2.2 A promoted employee will be placed at the step which reflects a reasonable expectation of his/her performance in the new or revised job.
66.2.3 It is normally expected that employees who are "green-circled" as a result of the implementation of the new salary progression plan and whose "green-circled" rate is above Step 9 of the rate of the new job will receive a salary increase, to a maximum of 3%  upon promotion.
66.3 Reclassification as a Result of a Job Re-evaluation
66.3.1 Reclassification may occur under several circumstances:
a) when the salary grade for a job increases with no change in the employee's actual job duties/responsibilities;
b) when the employee has been and will continue to perform additional job duties/responsibilities;
c) when additional job duties/responsibilities are to be added to the job.
Reclassification as a result of (a) or (b) above will result in the employee being placed in the same step in the higher salary grade.

Reclassification as a result of (c) above will be considered as a promotion. However, at the next performance appraisal the employee will be eligible to be placed in the same step as before the reclassification.

In circumstances (a), (b) or (c), it is normally expected that employees who are "green-circled" as a result of the implementation of the new salary progression plan and whose "green-circled" rate is above Step 9 of the rate of the reclassified job will receive a salary increase, to a maximum of 3%, upon reclassification.

66.3.2 Short-term increases in the employee's actual job duties/responsibilities do not require reclassification but may be subject to the relief provisions of this collective agreement.
66.3.3 Retroactive payments, if any, that result from reclassification either because of a Management or employee-initiated job review will be limited to a maximum of one year prior to the date of the job review request. The employee must have performed the relevant duties and responsibilities which resulted in the reclassification during this period in order to qualify for retroactivity.
66.3.4 Retroactivity which results from a reclassification decision will be paid within 60 calendar days of the decisions (i.e., if no dispute, date of Management decision to implement; if dispute goes to grievance, date of Step 2 decision or date of arbitration award.
66.4 Relief Pay

An employee will receive a salary increase after five (5) consecutive days when temporarily relieving in a higher-rated position or after 10 cumulative working days. Where such increases occur, they will be paid retroactive to the first day of relief. The amount of increase should reflect the increase in job demands and responsibilities.

Employees who are "green-circled" as a result of the implementation of the new salary progression plan and whose "green-circled" rate is above Step 9 of the rate of the relief position will receive a salary increase, upon meeting the conditions outlined above, to a maximum of 3%.

 

66.5 Lateral Transfer
Normally, an employee who is appointed to a lateral position should receive no increase in current pay.
66.6 Demotions

For voluntary demotions, the employee will take the rate of the lower-rated position except as follows.

Where employee involuntarily demoted pursuant to Article 64, "red-circling" (i.e. the freezing of the employee's base salary dollars) will continue until employee's new pay rate exceeds the frozen level, regardless of the number of appointments.

67

PURCHASED SERVICES

(Suspended for term of the collective agreement except for the last bullet)

67.1 Approvals
67.4.1 Blanket annual PSA approval will be given for each organization headed by a direct report to the President at the beginning of each calendar year subject to the following conditions:
  • Hydro One commits to use regular staff for most core work;
  • External resources will be primarily used for work such as supplementing peaks, responding to new business opportunities, low value work, non-recurring work etc.;
  • Hydro One commits to enhancing and maintaining skill level of staff;
  • As soon as possible and in any event no later than early in the calendar year each direct report to the President will review and discuss the staffing strategy with the Society Hydro One Local Vice-President for the purpose of trying to reach a common understanding with respect to the strategy. If a common understanding cannot be reached, management will make the final decision;
  • Each direct report to the President will provide to the Society at the end of the calendar year a list of contracts let during the year including total contract dollars;
  • No employee will be laid off as a direct result of contracting out.
68 HOURS OF WORK
68.1 Salary Schedule (01) applies to all employees with a 35 hour base work week and to all employees in jobs rated uner the Plan A Job Evaluation Manual, wirth regularly scheduled hours between 35 and 40 hours per week paid on a prorated basis.
68.2 Salary Schedule (02) applies to all employees with a 37.5 base work week, with regularly  scheduled hours between 37.5 and 40 hours per week paid on a prorated basis.
68.3 Salary Schedule (03) applies to all employees with a 40 hour base work week in jobs rated under the TMS Job Evaluation Manual or to which LOU #5 applies.
68.4 Reduction of Hours of Work
Where Management reduces the standard hours of work for a position, the following will apply:
a) The Society and Hydro One will attempt to reach a local agreement in advance of the change on a transition which would allow the affected employees to work additional hours above the 35 hour base for an extended period of time with staged reductions.
b) Failing agreement in accordance with (a), the following treatment will apply:
i) Where an employee is within 3 years of eligibility for an undiscounted pension, the employee's normal hours of work will not be reduced for 3 years, or until such time the employee is eligible for an undiscounted pension if earlier, and the employee will continue to receive economic pay adjustments. If the employee does not retire upon qualifying for an undiscounted pension, then their hours of work and base rate will be immediately reduced to the hours and rate of the position.
ii) For other employees than those in category (i), the employee's working hours and salary will be frozen for a six month period at which point they will be reduced on a pro-rated basis by 2.5 hours. They will be further reduced by increments of 2.5 hours every six months thereafter until such time as the hours of work are the same as that of the new position.
68.5 Hydro One will comply with legislative requirements regarding hours of work.
69 REDUCED BASE HOURS (40 HOUR WORKERS)
The base hours of work for employees whose regularly scheduled hours of work are 40 hours is 39 hours per week.
These employees will continue to work 40 hours per week, banking one hour per week at straight time.
a) The normal scheduled and paid hours of work will remain at 40 per week.
b) Overtime rates will be paid for all hours in excess of normal scheduled hours.
c) Banked time may be taken on such days as the employee and his/her supervisor mutually agree upon following reasonable advance notice on the part of the employee.
d) Banked time may be taken off in a minimum of half day (i.e. four hour) increments.
e) Banked time accumulated in a calendar year must be taken by April 30th of the following year.
f) Where an employee is unable to reach mutual agreement with his/her supervisor to take his/her banked time entitlement (except when exhausting sick leave prior to LTD), unused banked time entitlement will be assigned on the last working day(s) prior to April 30th.
g) Where an employee falls sick on his/her scheduled banked time off, that day will not be charged against his/her sick leave credits, but shall be treated as banked time off for pay purposes.
h) Banked time will not accumulate for any period of unpaid leave exceeding 40 consecutive scheduled hours. Scheduled days off will not be considered as breaking the consecutive nature of scheduled hours. Banked time will accumulate during a paid leave of absence and parental leave.
i) When an employee terminates or when an employee is appointed to a job where the normal hours of work are less than 40 hours per week, unused banked time will be paid off at straight time rates
70 ALTERNATE HOURS OF WORK ARRANGEMENTS
70.1 Principles
70.1.1 That any alternative arrangements will positively affect our customers. That cost, quality, service and value are key to our success.
70.1.2 That work is best achieved when individuals manage their own time and accept the accountability and the responsibility for the results.
70.1.3 That processes for negotiating and establishing hours of work arrangements will be uniform across Hydro One, and accessible to all. The processes will be designed to ensure equitable treatment. However the results of applying the processes may differ from location to location and unit to unit.
70.1.4 That decisions should be made at the most appropriate level that is closest to the work being done.
70.1.5 That individual concerns will be factored into group proposals and wherever possible, participation in changed hours of work will be on a voluntary basis.
70.2 Application
The procedure described in this Article applies to all forms of alternate hours of work arrangements.
70.3 Definitions
"STANDARD HOURS OF WORK" are to be worked to provide coverage for the business hours. For people assigned to day work, a start time window is established to allow a flexible start-time between 7:00 am and 9:00 a.m. and standard hours will not end after 6:00 pm. They are:
  • for 35 hour/week staff - Monday through Friday, 7 hours per day and

  • for 37.5 hour/week staff - Monday through Thursday, 8 hours/day and 5.5 hours on Friday and

  • for 40 hour/week staff - 8 hours per day, Monday through Friday.
In the absence of any other agreed upon arrangements these are the hours which will be worked.
In situations where there is need for 24 hour and/or 7 day/week coverage the hours of work will be a matter of local arrangement.
"NORMAL HOURS OF WORK" are either the standard hours of work or another arrangement as agreed upon using this process.
"STANDARD BUSINESS HOURS" are determined by the needs of the business and the customers.
"NORMAL BUSINESS HOURS" are either the standard business hours or another arrangement as agreed upon using this process. The normal business hours are just a variation on the standard business hours. They would normally arise from a change in customer needs.

FLOW CHART OF THE PROCESS

Normal hours of work/business hours
?
Identify need for change
?
Communicate need
?
Develop options
?
Analysis
?
Decision
?
Negotiations/Approvals
?
Implementation
?
Monitoring

70.4 Overtime
Hours worked in excess of the normal hours of work will be considered to be overtime except where there has been agreement between the supervisor and the employee for the employee to work in excess of normal hours to make up time.
The pay treatment for Saturday and Sunday will form part of the Agreement which establishes the normal hours of work.
70.5 Process
70.5.1 Identify Need for Change
Identification of the desire for change can come from Management, an individual or a group. A request to change business hours would normally come from Management whereas a request to change working hours would normally come from an individual or group. Where a change to the hours of work for a group is being considered, the Society will be informed and involved in the discussions.
70.5.2 Communicate Need for Change
A request for a change should be communicated to the other party in order that deliberations can begin. Requests will be actively considered by the other party within a reasonable period of time. The process will be joint (Society and Management) and will use a collaborative approach in which the needs and interests of the parties are discussed in an open and honest manner and decisions are made by consensus.
70.5.3 Develop Options
A list of options will be jointly developed and agreed upon. As a minimum, the following criteria will be considered when analyzing the options:
  • customer needs
  • business needs
  • maximum/minimum number of hours that can be worked daily
  • overtime/premium provisions
  • employee needs
  • health and safety considerations
  • legal and contractual considerations
70.5.4 Analysis
All options should be analyzed using appropriate tools and measures. The analysis should include a discussion of the options considered, their relative merits and the rationale for the recommendation.
70.5.5 Decision
All decisions will be reached by consensus. If consensus is not achieved then the existing normal hours remain in effect.
Consensus means everyone can live with and publicly support the outcome.
70.5.6 Negotiations/Approvals
Negotiations and/or approvals should occur at the appropriate level closest to the situation. The line Director will determine the appropriate level of Management approval and in all cases the Management approval must be outside of the bargaining unit. If necessary, mid term agreements will be established between Management and the Society to document normal hours of work or normal business hours.
All parties to negotiations under Article 70 should negotiate with the support of principals who will ultimately approve negotiated conditions.
70.5.7 Implementation
Implementation will be on a trial basis initially for an agreed upon length of time and with appropriate cancellation provisions. Criteria for success/failure must be established.
70.5.8 Monitor
The trial will be monitored and evaluated against the criteria. The accountable manager is responsible for monitoring the arrangement.
Following a successful trial period the hours (business hours of work) used in the trial period will become the new normal hours.
Monitoring of key indicators will continue to ensure that the arrangement remains viable.
In the event that the viability ceases to be realized, as determined by either party, the hours of work will revert to the previous normal hours unless the parties can jointly find another mutually acceptable alternative. When either party is making a determination about viability it must consider the previously established criteria for success/failure.

71 REDUCED HOURS OF WORK (RHOW) ARRANGEMENTS
71.1 Principles
71.1.1 Employees working RHOW are regular employees and have equal access to all Hydro One policies and agreements (e.g. employment continuity).
71.1.2 The RHOW arrangement must be mutually beneficial and acceptable to both the employee(s) and to Hydro One.
71.1.3 The benefit entitlement will be prorated, wherever possible and appropriate.
71.2 Definitions
A "REDUCED HOURS OF WORK (RHOW) AGREEMENT" is a formal arrangement which individual employees can enter into with Management to perform work over a period of time by working less than the base hours for a full-time position. A RHOW agreement could apply to one individual or two or more in a job sharing arrangement.
"WORK UNIT" is an organizational grouping of employees and may be as small as a crew or as large as a Business Unit.
"BASE HOURS" are used to establish the rate for a full-time position; such as 35, 37.5, or 40 hours per week.
"NORMAL (SCHEDULED REDUCED) HOURS" are the agreed upon reduced hours of work, which are less than the base hours, and form the basis for prorating benefits.
71.3 Guidelines
In determining if a RHOW arrangement is acceptable, the following factors will be considered:
Productivity levels will be maintained or improved. There should be identification of how this change will potentially affect the productivity of the work unit (including assumptions and rationale used to assess the impact), and identification of the proposed method for follow-up and measurement of productivity impact(s) resulting from the change.
The need to maintain staff capability on an ongoing basis is to be taken into account. Identification of the staff capabilities required by the work unit to maintain effective operations, and how the reduced hours of work arrangement will accommodate or improve this capability should occur.
The appropriate level of service to both external customers and internal customers/clients should be provided. There should be identification of the customers/clients of the work unit and the service provided by the work unit to these customers/clients, and anticipation of the impact of the reduced hours of work arrangement on the service provided.
Effective workflow among work units will be maintained. Other work units impacted by the change, and the anticipated impact of the reduced hours of work arrangement on the workflow among the work units should be identified.
Requirements for supervision must be taken into account. Potential issues relating to supervision (e.g., span of hours), and how the work unit plans to deal with these issues should be determined.
The change to reduced hours should be agreeable to both Management and the employee(s) involved. A written Reduced Hours of Work Agreement must be signed to confirm that this matter has been agreed upon by the parties involved.
71.4 General Conditions - Reduced Hours Arrangements
71.4.1 Advertised Vacancies, Performance Pay, and Employment Continuity
Employees who are on Reduced Hours are regular employees and will be treated accordingly. Therefore, they will be: (a) eligible to apply and be considered for advertised vacancies; (b) given annual performance reviews; (c) where applicable, participate in the step progression process; and (d) have access to the Article 64.
71.4.2 Established Commencement Date (ECD)
ECD will be manually adjusted at the beginning of each year, to reflect the normal (scheduled reduced) hours worked in the previous year while on Reduced Hours, or at such intervals as may be necessary, to reflect the equivalent full years worked. ECD will not be adjusted for sick leave purposes.
71.4.3 Vacation Credit Date (VCD)
The VCD will not be adjusted. It will reflect calendar years. This date affects vacation bonus entitlement for all eligible staff and includes all Hydro service regardless of breaks. It may be different from the ECD.
71.4.4 Service Recognition Date (SRD)
For recognition of 5, 15, 25, and 40 years of service with Hydro One and consistent with the provisions of Section 9.4, the SRD will not be adjusted.
71.4.5 Wages
Reduced hours employees will be paid for normal (scheduled reduced) hours worked, based on the hourly rate for their base hours. Wages will be prorated based on the proportion of the normal (scheduled reduced) hours of work compared to the base hours of the work unit or the appropriate full time position.
Example: Base Hours = 35 per week.
Base Salary = $700.00 per week.
Normal (Scheduled Reduced) Hours = 21 per week.
Normal (Scheduled Reduced) Hours Salary = $700.00 x 21/35 = $420.00 per week
71.4.6 Pension Plan
71.4.6.1 Pension Plan Membership
New employees working reduced hours must apply for membership in the Pension Plan after completing 24 months of continuous service, subject to the following conditions:
  • accumulated earnings, including overtime, must equal 35% of the Year's Maximum Pensionable Earnings (YMPE),

    and/or

  • all accumulated hours, including overtime, must equal 700 (scheduled reduced) hours in each of the two previous calendar years.
71.4.6.2 Pension Plan Deductions
Once qualified as above, Pension Plan deductions for Regular Reduced Hours employees will be based on base earnings for the position and then pro-rated in proportion to the ratio of normal (scheduled reduced) hours to base hours.
Example: Base rate(earnings) $45,000
  Base hours 35
  Normal hours 20
  YMPE for year $32,000
Calculate 4% of the base earnings up to the first $32,000 (4/100 x $32,000 = $1,280)
Calculate 6% of the portion of base earnings exceeding the first $32,000 ($45,000 - $32,000 = $12,800) (6/100 x $12,800 = $768)
Calculate proportional Pension Plan contributions ($1,280 + $768 = $2,048) (20/35 x $2,048 = $1,170.29).
Calendar service will be used to determine eligibility for retirement and death benefits (currently defined for pension purposes as Eligible Service or Continuous Employment).
Service credit to define the years of Pension Plan membership (years of membership in the Pension Plan) for pension calculation purposes (currently defined by the Effective Date on Pension and Insurance) is prorated. See pension calculation example below.
The Service Credit starts from the date of joining the Pension Plan.
Service for termination benefits, currently defined by the Pension Termination Service Date (PTSD), is to be credited on a calendar basis starting with the date of hire. Service related to the PTSD is not prorated.
71.4.6.3 Pension Calculation
The following is an example of how the pension of an employee in a Reduced Hours of Work arrangement would be calculated. Assume an employee has the following years of employment: 20 years full-time, followed by 5 years of 50% part-time, and then 10 years full-time.
For pension eligibility purposes the employee has 35 years' service, i.e. 20 + 5 + 10 to calculate the amount of pension to be received the part-time years are pro-rated.
20 + 5/2 + 10 = 32.5 years pensionable service
30 + 5/2 x 2% = 65% pension.
If the reduced hours years were the last five years, i.e. 30 years full-time + 5 last years at 50% part-time, the part-time earnings would be annualized as follows, assuming the part-time earnings are $25,000 or 50% of the yearly rate of $50,000 for the last three years of employment.
The calculation is as follows:
(30 + 5/2) x 2% = 65% pension
annualized pension is $50,000 x 65% = $32,500/year.
71.4.7 Life Insurance
Probationary employees after 3 months service and all regular employees are covered under the Group Life Insurance Plan. Membership in the plan begins on the first day of the month following the date the employee completes 3 months of probationary service or is granted regular status. The basic insurance (2 times salary) plus any additional term insurance will be prorated in accordance with the prorating of wages above.
71.4.8 Health and Dental Benefits
Employees will have the option of receiving full benefit coverage for semi-private hospital, extended health benefits, and/or dental benefits, by using payroll deduction to reimburse Hydro One the cost consistent with the appropriate pro-ration. For example:
If an employee works 21 hours per week, he/she would be subsidized for 21/35 or 60% of the costs and he/she would pay the remaining 40%. If an employee chooses not to pay the remaining prorated percentage, there will be no coverage.
71.4.9 Sick Leave
Restoration of sick leave credits for days used will be in accordance with the Sick Leave Plan provisions.
Sick leave should accumulate at the regular times (January 1 or July 1). While ECD is adjusted for other purposes, sick leave accumulation and restoration dates should remain unchanged.
Annual sick leave credits will be prorated, based on normal hours worked.
Example
100% Entitlement Accumulation
- Employee works 21 hours per week 21/35 x 8 days = 4.8 days, rounded to 5 days.
75% Entitlement Accumulation
- Employee works 21 hours per week 21/35 x 15 = 9 days.
Rounding should be to the nearest half day. Time Reporting for vacation, sickness, accident and overtime, etc. will be the same as for any other regular employee.
71.4.10 Long Term Disability (LTD)
Long term disability (LTD) coverage is only available to members of the pension plan. An employee will become a member when given regular status following his/her probationary period. Benefits will be based on the employee's normal (scheduled reduced) earnings, excluding overtime and allowances.
71.4.11 Accident Insurance
Employees are eligible for 100% benefit.
71.4.12 Statutory Holidays
Both the entitlement to statutory holidays and the payment for the statutory holidays will be prorated. The following table illustrates the entitlement:

Days Worked Per Week Number of Days Entitled to per Year
1 2
2 4
3 8
4 8
(9 for Federally-Regulated Employees)
5 10
The pay on a statutory holiday will be equal to the pay for the average daily hours of the RHOW employee. For example:
An employee works 4 days per week @ 5 hrs per day. In accordance with the entitlement table above the employee is entitled to 8 statutory holidays per year. Payment for each statutory holiday will be for 5 hours since that is the average of the 4 days per week the employee works.
71.4.13 Floating Holidays
These will be prorated in the same manner as statutory holidays, i.e. both the entitlement and the payment on the days will be prorated. For example, an employee who works 3 days per week and 7 hours on each day worked will receive:
3/5 x 3 days = 1.8 rounded to nearest half day = 2 days
The payment for each day will be for at 7 hours since that is the average hours per day the employee works.
71.4.14 Vacation
A.  Less than 1 year - 4% of accumulated wages.
B.  For one year, or more:
Vacation entitlement will be based on calendar years (i.e. VCD). The entitlement in any given year will be prorated based on the average number of days worked per week and the actual payment for those days will be based on the average number of hours worked per day.
Example (a)
A regular full-time employee who commences RHOW on January 1 and who otherwise would be entitled to 20 days' vacation, contracts to work 3 days per week at 7 hours per day (21 hours per week), for the full vacation year, while the remainder of the work unit works 35. The vacation entitlement will then be:
20 x 3/5 = 12 scheduled days off.
The payment on each of the 12 days would be for 7 hours pay since that is the average number of hours the employee works per day. Therefore the total pay will be 12 days @ 7 hours pay = 84 hours pay.
Example (b)
An employee who works 5 days per week but works only 4 hours per day.
20 x 5/5 = 20 scheduled days off
The payment for each day would be for 4 hours since that is the average number of hours the employee works per day. Therefore the total pay will be 20 days x 4 hours pay = 80 hours pay.
71.4.15 Overtime
The normal lieu time provisions will apply. Overtime will be paid at appropriate rates for:
  • hours worked beyond the base full--time hours on a day (unless additional hours are part of the RHOW arrangement);

  • hours worked beyond the base full-time hours in a week;

  • hours worked on a Saturday, Sunday or statutory holiday that is not a normally scheduled day.
71.4.16 Pregnancy/Parental Leave
Employees will be eligible for pregnancy/parental benefits. Coverage will be based on normal (scheduled reduced) earnings and normal (scheduled reduced) hours.
71.4.17 Unemployment Insurance Contributions
This is based on gross earnings (which includes overtime premiums, shift differential, etc.).
71.4.18 Canada Pension Plan (CPP)
CPP contributions are based on gross earnings.
71.4.19 Workers' Compensation Benefits
Entitled to 90% of normal weekly net earnings, plus a supplementary grant (total is 100% of normal weekly net earnings).
71.5 Termination of the RHOW Agreement
The initial period of a RHOW arrangement will be considered to be a trial period. The length of the trial period is to be determined by the parties but will not normally be longer than 1 year. If problems are encountered during this period, the employee(s) and the supervisor will attempt to find a solution(s). In the event that these efforts are not successful the RHOW arrangement can be cancelled by either party with 30 days' notice.
After the trial period, situations may arise where the RHOW is no longer working or the workload has increased or decreased. In such situations alternate arrangements can be tried. These could include offering additional hours/days (if there is some) to the RHOW employee, or advertising another RHOW arrangement to make up any difference.
In situations where the workload increases, the employee working the reduced hours will have the first option of working the additional hours. The employee could choose not to work the additional hours. If satisfactory alternative arrangements are not found, Article 64 will be applied.
An employee who wishes to terminate the arrangement has the same rights to vacancies as full-time employees. If unsuccessful in obtaining another position or in negotiating a new arrangement with Management, and the employee terminates the arrangements, the employee will be considered to have resigned from Hydro One.
Reduced Hours Form
71.6 Responsibilities
The Employee(s):
The employee(s) should discuss his/her interest in a Reduced Hours of Work agreement with the manager/supervisor. An employee who wishes to work Reduced Hours should prepare a proposal for doing so. The proposal should include a current job description and ways in which the job requirements could be met under a Reduced Hours of Work agreement. It should include suggestions for methods of communication among Regular staff members, their managers/supervisor, customers and clients with whom the job interfaces, as per the Guidelines (Section 71.3).
The Manager/Supervisor:
The Manager/Supervisor is responsible for determining if a Reduced Hours of Work agreement is appropriate and in certain instances may initiate action to implement such an arrangement. The Manager/Supervisor will discuss the possibility of a Reduced Hours of Work agreement with interested employees to assist them in establishing appropriate arrangements. The Manager/Supervisor will identify issues specific to the job which need to be addressed, inform employees of their entitlements and approve the proposed Reduced Hours of Work agreement after the appropriate review.
The Manager/Supervisor is responsible for ensuring that the productivity in the work unit does not deteriorate as the result of a Reduced Hours of Work agreement. If productivity is seen to decline, the supervisor should work with the incumbent(s) to identify ways to improve the situation.

72 PEAK DEMAND HOURS ARRANGEMENTS
72.1 Intent
The intent of this Article is to establish a framework of treatment of employees who by the nature of their jobs, are likely required to work more than their normal work week and/or hours different from their normal hours during peak work load periods of the year, and less than the total hours in a normal work week during other parts of the year.
The guidelines for the application of this Article are contained in Appendix V.
Once it has been decided to apply this Article within a business unit, Management will meet with the Society to determine how best to apply these guidelines in their particular situation. The parties are not required to rigidly adhere to the guidelines in Appendix V and may revise them as they deem appropriate.
Either party may refer unresolved items to "interest" arbitration for resolution.
72.2 Process
The parties will develop a design for the Peak Demand Hours Arrangement in local areas using Appendix V as a guideline, including an implementation plan for the arrangement. That plan could involve staffing the arrangement with volunteers on a test basis. The volunteers would have to volunteer for a full 12-month cycle. The fact that an individual did not volunteer will not negatively reflect on his/her performance evaluation. The results of that test application could be reviewed by the parties. This review might result in revisions to the arrangement.
It is expected that ultimately the arrangement would become a local mid-term agreement.

73 WORK SHARING
73.1 "Work sharing" occurs when sufficient members of a work unit agree to work fewer hours for reduced compensation in order to accommodate a temporary reduction in work load and to help maintain employment continuity in the event of an adverse impact situation under Article 64 - Redeployment, Surplus Staff Procedure and Change of Employer.
73.2 Work sharing is a temporary arrangement. A work sharing arrangement will normally not exceed one year in duration but can be extended by mutual agreement. Beyond a period of one year, a work share arrangement will normally be governed by the terms and conditions of Article 71 - Reduced Hours of Work (RHOW) Arrangements.
73.3 The Society will be involved in the discussion and negotiation of the work sharing arrangement.
73.4 The size of the work unit involved in the work share will be the subject of joint agreement between Hydro One and the Society. The agreement of the employees participating in the work sharing arrangement must be obtained prior to implementation. A sufficient number of employees in the work unit must participate in order to make the work share a viable working arrangement.
73.5 Either party to a work sharing arrangement will have the right to terminate it with 30 days' written notice. Following termination of a work sharing arrangement, the previous hours of work arrangement will be reinstated. Reduction in the number of employees in a work sharing arrangement through attrition, promotion, etc. will result in a joint review in order to ascertain the continued viability of the work share.
73.6 Employees participating in a work sharing arrangement remain regular employees.
73.7 Reduction in hours of work pursuant to a work sharing arrangement will not exceed 20% of regular hours and will be matched by an equivalent reduction in salary for a maximum of one year.
73.8 Employees participating in a work sharing arrangement will retain full benefits coverage during the term of the work sharing arrangement up to a maximum period of one year.
73.9 Pension, life insurance and LTD coverage will continue to be calculated against regular base earnings during the term of a work sharing arrangement up to a maximum period of one year.
73.10 Employees will continue to participate in the step progression process while participating in a work sharing arrangement.
73.11 Employees will not be declared surplus while participating in a work sharing arrangement. This section will be suspended during the operation of Article 64 -- Employment Continuity.

74 ASSIGNMENT OF NON-BARGAINING UNIT WORK DURING A STRIKE/LOCKOUT
Normally, Hydro One shall not assign an employee to perform non-bargaining unit work unless this work is essential work. It is agreed that the following provisions govern the assignment of essential work, ordinarily performed by employees in another bargaining unit, to Society-represented employees in the event that the members of that bargaining unit are in a lawful strike/lockout situation.
74.1 If a job/function is not performed, it is considered "essential work" if it would result in:
a) a dangerous or unsafe situation for employees or the public;
b) a threat to the environment;
c) damage to equipment, systems or property;
d) the violation of licenses, regulations or other statutory requirements as applicable in (a), (b) and (c) above;
e) activities going undone which are required to support employees who are performing essential work in accordance with (a), (b), (c) and (d) above;
f) such other condition or concern as may be reasonable in the circumstances.
74.2 The process for identifying and assigning work will be a joint process involving a Management representative(s) designated by the Business Unit and the Society Unit Director/designate(s) of the Business Unit. As a part of this process, an employee will advise the Management Representative(s) and the Society Unit Director/ designate(s) in a timely manner as to whether he/she will accept the tentative work assignment. Due consideration will be given to family or extenuating personal circumstances raised by an individual employee prior to assigning essential work.
74.3 Requests to employees to accept essential work assignments will contain as much information about the assignment as possible, such as work location and training schedules. It is expected that Management will request work assignments as close to employees' home locations as possible.
74.4 In the event that the Society claims that an activity is not "essential", it may make a claim before George Adams as facilitator/arbitrator, who shall make a ruling on an expedited basis.
74.5 Hydro One may assign work involuntarily to Society-represented staff if no MF/ESR or qualified Society volunteers are available. There is no obligation to assign MF/ESR before seeking a Society volunteer.
74.6 Any proposed shift schedules which may be worked by Society-represented employees during assignment to non-bargaining unit work shall be reviewed by the appropriate Society Unit Director/designate prior to the official issuance of the shift schedule.
74.7 Employees assigned to essential work will have the appropriate skills and training to perform the duties.
74.8 The terms and conditions of compensation for performing essential work are as follows:
74.8.1 General
74.8.1.1 All policies and practices and terms of the collective agreement which normally apply to Society-represented staff will continue to apply during a strike/lock-out unless modified, replaced or set aside in accordance with this Agreement.
74.8.1.2 All employees, including employees not assigned to work of another bargaining unit, will continue to receive their normal pay rate, including performance standing, for their regular job.
74.8.1.3 For those employees who normally work shifts, all existing shift schedule arrangements, including time-balanced schedules, will be suspended from the date the work stoppage commences until the work stoppage ends. Compensation treatment will be equitable for all employees assigned to essential duties during the work stoppage.
74.8.1.4 All employees assigned to essential duties will be compensated based on a 35-hour work week. As a minimum, employees will continue to receive pay equivalent to their normal base earnings. For employees whose rate is normally based on a 37.5 hour or 40 hour week, a premium of 0.5 times the hourly rate will apply after 35 hours in a week until their normal hours of work (i.e., 37.5 or 40) is reached. Overtime beyond this will be compensated at the appropriate overtime rate.
A positive time balance will be paid at the termination of the essential service assignment and a negative time balance will be written off.
74.8.1.5 For situations involving the crossing of picket lines, refer to Article 77 of the Collective Agreement ("Crossing Picket Lines of Other Unions").
74.8.2 Compensation
74.8.2.1 Scheduled Work on Weekdays
74.8.2.1.1 Employees assigned to essential work will be compensated at straight time rates for the first seven (7) hours of work. The following seven (7) hours worked shall be compensated at time and one half subject to treatment for employees normally working 37.5 or 40 hours a week as outlined in Clause 74.7.1.4.
74.8.2.1.2 All hours worked in excess of fourteen (14) continuous hours shall be compensated at:
a) double time; or
b) straight time plus an hour off for each hour worked in excess of fourteen (14) hours.
74.8.2.2 Scheduled Work on Saturdays, Sundays, and Statutory Holidays
74.8.2.2.1 All employees assigned to work shifts and scheduled to work on Saturdays and Sundays will receive straight time pay for the first seven hours worked as part of a normal scheduled work week.
74.8.2.2.2 All employees assigned to work shifts will receive straight time pay for the first seven hours worked on a statutory holiday as part of their normal scheduled work week. One hour off for each hour worked up to the statutory holiday credit (seven hours) will be given at a later date acceptable to the employee and Management.
74.8.2.2.3 The appropriate shift allowances as per Article 60 ("Shift Work [M&P, TMS]") and Article 61 ("Shift Work [FM&P]") will be paid to all employees required to work shifts.
74.8.2.3 Overtime Worked on Saturdays, Sundays and Statutory Holidays
74.8.2.3.1 Employees shall be compensated at time and one half for the first fourteen (14) hours worked on a Saturday.
74.8.2.3.2 Employees shall be compensated at double time for the first fourteen (14) hours worked on a Sunday.
74.8.2.3.3 Employees shall be compensated at double time for the first fourteen (14) hours worked on a statutory holiday. In addition, one hour off for each hour worked up to the statutory holiday credit (seven hours) will be given at a later date acceptable to the employee and Management.
74.8.2.3.4 All hours worked in excess of fourteen (14) hours on a Saturday, Sunday or statutory holiday will be compensated at:
a) double time; or
b) straight time plus an hour off for each hour worked in excess of fourteen (14) hours.
74.8.2.4 Time Off in Lieu
Employees may choose to be compensated in money, paid time off, or a combination of both for overtime worked while assigned to essential work. Scheduling of time off will be subject to agreement of the regular supervisor following the end of the work stoppage.
74.8.2.5 Travel Time
All travel time except time spent in travel when called out for any emergency overtime, will be compensated at straight time. Travel time for emergency overtime will be considered as overtime.
74.8.2.6 Expenses
74.8.2.6.1 Reimbursement will be made for appropriate out-of-pocket expenses incurred as a result of undertaking assignments during a strike situation. As such employees should not profit from reimbursement of expenses. Appropriate expenses include, but are not limited to, travel, meals, accommodation, cancellation of vacations, increased child care, and damage or loss of private property.
74.8.2.6.2 Expenses incurred during a temporary assignment will be submitted to the temporary supervisor for approval.
74.8.2.7 Essential Work Rating Scale
The Essential Work Rating Scale set out in Attachment A forms part of this Agreement and will be updated by the Joint Society-Management Committee, prior to application.

ATTACHMENT A
Essential Work Rating Scale
(A) WORKING CONDITIONS
Employees who are assigned to essential work will automatically receive credit for this factor. It is assumed the individual will be subjected to pressures, demands or unfavourable/hazardous working conditions which deviate significantly from the norms of the regular position. Employees/supervisors whose work responsibility will increase significantly as a result of a work stoppage may be assigned to special duties by their respective line management.
Payment per Day: $30.00
(B) SHIFT ASSIGNMENT
Employees who are assigned to work a shift schedule will automatically receive credit for this factor for each day they work the shift schedule.
Payment per Day: $30.00
(C) SPECIFIC ALLOWANCES
The following allowances are to compensate for situations where employees are required to perform essential work under specific working conditions.
An employee can receive compensation for only one of the following allowances.
24- Hour Availability
An employee who is required or elects to remain at a designated place, other than home (e.g., motel) in readiness to proceed immediately to the work location on a 24-hour basis.
Hours worked by an employee are included in this 24-hour period.
Payment per Day: $46.00
OR
Remaining at Hydro One Facilities on 24-Hour Basis
An employee is required to remain/live at the work location for a 24-hour period.
Payment per Day: $120.00
On-Call Service
An employee is permitted to remain at home following his/her scheduled work but is required to be available to work outside normal working hours.
(Reference: Article 57 - "On-Call Service")
Note: Employees who are required to live at the work location on a continuing 24-hour basis and will be paid for only those hours worked plus the applicable allowances.

75 TELEWORKING
75.1 Definition of Teleworking:
Telework refers to an Hydro One employee who:
  • Is working out of an office in his or her home;
  • Does not normally have another office at Hydro One;
  • Is not working at home on an occasional or casual basis.
75.2 Collective Agreement Standards:
Where Hydro One determines that teleworking may be implemented, the following provisions will apply:
a) The arrangement will be mutually agreed upon and will be documented prior to commencement of teleworking;
b) The terms and conditions of the collective agreement will apply except where modified by agreement among Hydro One, the Society and the employee;
c) Teleworkers will not be required to meet with customers or other Hydro One employees in their home;
d) Teleworking arrangements will be voluntary, and are subject to cancellation as locally agreed;
e) Teleworking will not change the employment status of the teleworker;
f) Hydro One will provide appropriate health & safety advice and guidance to the teleworker;
g) Hydro One will provide appropriate business and personal security advice to the teleworker;
h) Hydro One shall provide all furnishings/equipment it deems necessary to meet job expectations;
i) Hydro One will pay for additional insurance costs, if required;
j) If the teleworking arrangement is terminated then the employee will be entitled to relocation assistance as provided in the collective agreement;
k) It is agreed that the Society represents employees who fall within the Society recognition clause of the Collective Agreement and who are teleworking;
l) Hydro One will provide in a timely manner the Society with the names, business phone number and business address of teleworkers.
75.3 Local Agreements
Local management, the employee and the Society will agree on these items as part of a local agreement:
  • performance measures
  • relevant terms and conditions (e.g. travel)
  • training where appropriate
  • sunset (with a minimum term)
  • cancellation
76 DIRECT DEPOSIT
Employees will be paid weekly by means of electronic deposit. Bi-weekly pay will be implemented in accordance with LOU #9. Time exceptions (e.g. overtime) will continue to have a time lag. Such time lag will only be for the period required for the effective operation of the time reporting centres and pay processes.

77 CROSSING PICKET LINES OF OTHER UNIONS
77.1 Employees will be required to cross picket lines of other unions in order to perform work at their regular/temporary work headquarters.
77.2 During such picket action, some flexibility with respect to the normal scheduled hours of work on the part of both Management and the employee is particularly desirable.
77.3 Normally, an employee who is prevented from arriving at work for his/her normal starting time due to such picket action will have his/her salary maintained without the requirement to make up the hours missed, subject to the following guidelines:
a) An employee is expected to make a reasonable attempt to arrive at work at their normal starting time.
b) If an employee who is late for work should have been able to cross the picket line without being late, the no work - no pay principle will apply.

78 THE PROVISION OF FRENCH LANGUAGE SERVICES
78.1 Designated Positions
Hydro One will designate positions that require French language capability, to the extent required by the Act. Hydro One shall determine the actual number of positions to be designated and which positions will be designated.
Changes to the designated positions require joint agreement between the local Contact Supervisor/Human Resources Manager and the Unit Director. Whenever a change is made to the designated positions list, the Contact Supervisor/Human Resources Manager will provide written notification of the addition to the Society office and Labour Relations, Hydro One Human Resources. Labour Relations, Hydro One Human Resources will issue an up-to-date version of the designated positions list annually to the Society. A position can only be removed or modified when it is vacant.
78.2 Job Security
The implementation and operation of this Article will not result in any declarations of surplus, lay-offs, displacements, forced geographic relocations or financial losses.
78.3 Training
Hydro One will not impose any mandatory training for the purpose of complying with the Act. Any person wishing to take optional external training to obtain French language capability will be provided 100% financial support, so long as the request is in accordance with Article 83 - Extramural Training. In locations where extramural training in French is not available, Hydro One will provide, at no cost to the employee(s), self-paced learning packages in order to assist interested staff to become qualified in French.
78.4 Posting and Selection
French language capability is deemed to be a legitimate selection criterion, in addition to the normal selection criteria, for officially designated positions. The job documents for designated positions will not be amended to include French language proficiency as a duty and/or evaluation factor pending future discussions with the Society.
A notice of posting for a designated position will contain the following wording:
"This position requires the ability to communicate in French. This ability is deemed to be a qualification for the purposes of selection."
French language capability will only be used as a selection criterion when the number of qualified incumbents in a designated position falls below the number specified in this Article. Specific qualifications and requirements must be posted and reasons given for non-selection in writing.
In cases where a location has more than the required number of qualified incumbents in a designated position, the officially designated employee(s) shall be those who are senior and qualified.
78.5 Surplus Staff
When a surplus employee applies to a designated position she or he shall receive the selection priorities established in Article 65 to the extent that the organizational unit retains the capability to meet the requirements of the Act.
78.6 Allowance
Hydro One will pay an allowance of $18.00 gross weekly. It is recognized that the allowance may be paid to all qualified employees in a designated position in a location, rather than just the employees who officially occupy the designated position. This allowance is the same regardless of the number of hours an employee works per week.
The allowance will be paid only while the incumbent is in a designated classification. The payment of this allowance will cease once the employee has been absent for two months. Transfer to an undesignated position, or removal of a position from the designated positions list, will cause immediate stoppage of the allowance.
An employee who relieves in a designated position must have the French language capability required by the position in order to receive the allowance.

79 SPECIAL CLOTHING
79.1 Employees are responsible for providing, at their own expense, suitable clothing for the performance of their regular duties. Subject to certain conditions, outlined below, special clothing may be obtained at the expense of Hydro One for issue to employees.
79.2 Hydro One will make bulk purchases of certain types of work clothing, for resale to employees, on the most favourable terms possible.
79.3 A limited number of rainproof coats and hats may be obtained and kept available at construction headquarters etc, for persons who normally work indoors, but who are occasionally required to work out of doors under adverse weather conditions.
79.4 Safety items that are designed exclusively for such safety purposes will be provided to employees required to perform certain types of work, at no cost to the employee.
79.5 All clothing issued by Hydro One will remain the property of Hydro One. Employees may be required to replace item(s) lost or destroyed as a result of their own carelessness.
79.6 Staff will be reimbursed for the cost of up to two pairs of protective footwear per year where such footwear is required by Hydro as follows:
  • Safety boots/shoes - 50% of actual cost to a maximum of $75/pair;
  • Electric Shock Resistant Footwear - 100% of actual cost to maximum of $150.00/pair, subject to an annual maximum of $250.00.
79.7 Requests for special items of clothing not specifically mentioned, but which might be reasonably supplied under the conditions set out above, will be considered, each case on its own merits. Such clothing must be kept available for any Hydro employee who may require it for Hydro One work.

80 PAYMENT FOR USE OF PERSONAL VEHICLE
80.1 Where an employee is authorized to use his/her personal vehicle for Hydro One related business/travel, the rate of reimbursement will be based on the Private Transportation Component of the Canadian CPI as reported by Statistics Canada. The rate of $0.50 per kilometre took effect on October 1, 2007.
80.2 Future increases of one cent/km will occur with each additional 10% increase in the Private Transportation Index - 1986 = 100. A decline in the Index below a previously surpassed trigger point for two or more consecutive months will result in a reduction by the appropriate amount of the rate paid.
If the Hydro One business/travel involves the hauling of household trailers, an additional $0.09/km will be paid. For the hauling of smaller trailers (Camper, Ski-doo, boat etc.), the amount will be $0.03/km. The above rates will apply on a province-wide basis.
80.3 By virtue of receiving the above kilometre rates, the employee is responsible for any expenses incurred involving his/her vehicle while on Hydro One's business. This would include such items as insurance premiums, license fees, traffic/parking violations, maintenance costs, any repairs or replacement of parts, fuel, lubricants and the like. The employee is further responsible for informing his/her insurance company that the vehicle is being used for business purposes, and for paying any additional premium that the insurance company deems fit.
80.4 An employee driving his/her personal vehicle on Hydro One business must have a minimum of $1,000,000.00 liability insurance.

81 BUSH FIRE FIGHTING AND VOLUNTEER FIRE BRIGADES
81.1 Employees who are conscripted by the Ministry of Natural Resources for bush fire fighting or employees who participate in local Fire Brigades may be granted time off work with pay subject to the following conditions:
81.1.1 Regular and Probationary Employees - Bush Fighting
Regular and probationary employees will have their normal base pay maintained.
81.1.2 Temporary Employees - Bush Fighting
Temporary employees will have their normal base pay maintained for a maximum of five working days or to the end of the intended employment period, whichever comes first. If the fire fighting period extends beyond five working days, the employee will be placed on an unpaid leave of absence until he/she returns to work, or to the end of the originally intended employment period.
81.1.3 Volunteer Fire Brigades
Employees who are registered volunteer fire fighters may be granted leave of absence with pay if called to service while at work.

82 EXTREME WINTER WEATHER CONDITIONS
In the event of extreme winter weather conditions, employees will normally receive pay for hours worked.
82.1 Make Up Time
Employees who, due to extreme winter weather conditions, arrive late, miss work or receive approval to leave early, may seek approval to make up lost time by working back the missed hours by:
a) using a vacation day;
b) using a floating holiday;
c) using a lieu day (or banked time where applicable).
82.1.1 For employees who receive approval to work back the lost time, their pay will be maintained for the number of normal scheduled daily hours lost, provided there is work available to be performed.
82.1.2 Employees will work at straight time rate of pay while working back the lost hours.
82.1.3 Time lost due to extreme weather conditions will be worked back within the pay week period. Any lost time not worked back by the end of the pay period will be deducted from the employee's pay.
82.1.4 Senior Management at the location have the discretion to maintain some or all of an employee's normal base pay if they are satisfied that every reasonable effort was made to report to work on time.
82.2 Closure
Employees included in an authorized closure will have their pay maintained for the number of hours between closure and normal quitting time.
82.3 Stranded Employees
Employees who are confined at a regular work location which is an acceptable shelter, will have their normal base pay maintained for their normal scheduled hours of work.
82.3.1 Payment for time worked in excess of normal scheduled hours will be made only if approval was given in advance for such work.
82.3.2 Employees will be reimbursed for reasonable expenses for food and shelter, and will have normal base pay maintained when stranded away from their residence headquarters while on Hydro One business.
82.3.3 Employees working in a location where a minimum level of acceptable shelter does not exist shall be considered as still being at work until acceptable shelter can be reached.

83 EXTRAMURAL TRAINING
In order to enhance a regular employee's job performance now, or in the future, Hydro One may provide financial support for external training activities consistent with Hydro One Policy, subject to the following conditions:
a) the employee is expected to obtain prior approval from his/her supervisor prior to registering in the training course;
b) the external training should normally be completed outside normal working hours. Where this is not possible, time off with pay to attend external training programs will be at the discretion of the employee's supervisor. In no circumstances will the external training exceed six weeks if the employee is required to be absent from work.
c) 100% of reasonable costs paid by the employee for external training courses will be reimbursed where:
  • the training course will create or maintain the employee's capability related to current job performance;

  • the training course develops an employee's capability for a position identified in a succession, retraining, or redeployment plan.
d) 75% of registration/tuition fees and learning material costs will be paid for external training courses which improve an employee's capability for future jobs within Hydro One.
e) An employee will be reimbursed for reasonable costs subject to:
1. Satisfactory course completion and a passing grade where applicable, except where the course is taken upon the request of Management.
2. Costs will not be reimbursed if the employee has given notice of resignation prior to completion of the course.
3. All approved costs will be reimbursed for courses which cannot be completed due to the employee being transferred to another location.


84 MEAL EXPENSES
Normally, employees are expected to provide their own meals. Where there is a requirement for a meal as a result of legitimate business functions, employees will be entitled to be reimbursed for reasonable out-of-pocket expenses.

85 VOLUNTARY SEVERANCE (NON-SURPUS)
85.1 Employees who wish to discuss a voluntary severance arrangement with Hydro One will be advised by Hydro One to (a) seek independent legal counsel and (b) seek advice from the Society.
85.2 Hydro One will also notify the Society of any employee with whom it is discussing a voluntary severance arrangement and disclose the details of the discussions in advance of finalizing such a severance arrangement with the employee.
86 security clearances
86.1 The Society acknowledges and agrees that the Employer has the right to perform appropriate Personal Risk Assessments (PRA) on existing, regular employees when required for valid reasons. Where the Employer has reasonable cause to remove an employee from his/her position as a result of an employees' inability to pass a PRA, the employee will be transferred to an equivalent position for which a PRA is not required with no loss of salary.