Part XIII: Working Conditions

64.1

Scope

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 34 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. Joint Redeployment Planning Team (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 JSMC within the scope of Article 64 are neither grievable nor arbitrable.

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.

Employment continuity is an element in 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

NSS and The Society recognize the value of retaining, utilizing and enhancing the asset of employee skills and abilities.

64.2.4

Employment continuity 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 NSS to be a viable and healthy business entity.

64.2.7

Employment continuity policies must reflect a balance between the fundamental interests of NSS and its employees.

64.2.8

Employees will be treated fairly and with respect and dignity.

64.2.9

NSS 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 effective short and long range planning is critical to employment continuity.

64.2.11

For a JRPT to operate effectively and efficiently, it is important that it be provided with a pre-determined organizational structure and adequate/appropriate resourcing.

64.3

Definitions

64.3.1

"BASIC SEARCH/NOTICE PERIOD" shall mean a period of not less than 24 weeks during which a surplus employee has "priority consideration" for vacancies.

64.3.2

"CONSENSUS" shall mean an agreement on a given issue that all parties to the agreement can live with and publicly support.

64.3.3

"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.

64.3.4

"EMPLOYMENT CONTINUITY" shall mean the obligation on NSS's part to provide opportunities and options to maintain productive and rewarding employment within NSS and in the event that such opportunity is not available, to provide fair and reasonable employment adjustment and terms and conditions for departure. It is an obligation on the part of the employee, The Society and NSS to actively participate in the redeployment process.

64.3.5

"INCUMBENCY" is a concept that a JRPT may use as a part of its redeployment process. The JRPT may identify an employee as an incumbent only if the position meets the following criteria:

substantially unchanged duties and responsibilities⁵;
unchanged location
unchanged hours of work;
unchanged salary grade.

⁵ The operational meaning as determined by the JRPT

64.3.6

"LATERAL POSITION" shall mean a job paid from:

the same salary schedule and is the same salary grade as the employee's current grade;

a different salary schedule in which the salary level is equivalent to the employee's current job measured by salary grade Reference Points (100%).

64.3.7

"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.

64.3.8

"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.

64.3.9

"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.

64.3.10

"SENIORITY" shall mean all prior service with Ontario Hydro, Ontario Power Generation, and NSS 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 NSS and The Society regarding contractor status.

64.3.11

"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 NSS.

64.3.12

"SERVICE BASED SEARCH/NOTICE PERIOD" shall mean a search/notice period based on the surplus employee's Service Recognition Date (SRD) plus External Experience Value (EEV), during which a surplus employee has "priority consideration" for vacancies.

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, NSS 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. In the event that recommendations are not developed or the recommendations are not accepted, NSS will make the final decision.

64.4.2

Notification

In the event that an NSS business decision has an adverse impact on the employment continuity of Society represented staff, The Society will be notified as soon as possible.

An adverse impact may arise due to organizational and operational changes that include technological changes, workload changes, and business process re-engineering and all other circumstances where the numbers of Society-represented employees are reduced and/or positions with incumbents are either eliminated or significantly changed (e.g., a change to job duties and/or skills/qualifications and/or rate as covered in the job document).

64.4.3

Involvement

The Society will be involved in all decisions respecting how Society represented employees are treated with respect to this Article.

There are three levels of involvement. They are as follows:

Joint Consultation

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

Failing an agreement, NSS will make the final decision.

Joint Recommendation

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

In the event a consensus is not reached, the issue will be managed in accordance with the negotiated default contained in the relevant provisions of this Article.

Joint Decision

NSS and The Society are obliged to reach an agreement on the issue.

64.4.4

Voluntary Surplus

In circumstances where Management is aware that job loss may occur, Management in its discretion may agree to a voluntary termination by an employee in the affected work group. In such cases, employees who terminate their employment will be entitled to their own entitlement for search notice and severance, 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 Article cannot exceed 78 weeks.

64.4.5

Annexations and Redeployment

In advance of any annexation (as provided for under Section 83.7 of the Power Corporation Act), the parties will meet to discuss and attempt to resolve issues associated with adverse impact and Article 64 of the Collective Agreement. These discussions are without prejudice to the exercise (by an employee or The Society) of rights under Article 64 and do not pre-determine whether or not Article 64 will be triggered.

64.5

Set Up Joint Redeployment and Planning Team

NSS shall decide the organizational structure required to carry out approved work programs.

NSS and The Society will appoint an equal number of representatives to the Joint Redeployment and Planning Team. 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 NSS's work and 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, Vice-Presidents) shall meet to discuss with the Joint Redeployment and Planning Team the number and type of positions that will no longer be required.

64.6

Joint Planning - Responsibilities of the JRPT

The Joint Redeployment and Planning Team will review its proposed redeployment plan with the Senior Management (e.g., Directors, Vice-Presidents) and the Society Local Vice-President and Unit Director(s) in the work unit in at least two stages. The first report will include recommendations/decisions with respect to:

The Unit of Application for identification of surplus staff (refer to 64.6.1)

ii)

Development of a process and strategies for redeploying staff within the Unit of Application (refer to 64.6.2).

The second report will include recommendations/decisions with respect to:

The preparation of seniority lists and identification of surplus staff (refer to 64.6.3).

ii)

Identification of redeployment tools for the purpose of minimizing involuntary terminations (refer to 64.6.5).

Senior Management (e.g., Directors, Vice-Presidents) will be required to:

approve each report as a package; or

ii)

request the team to reconsider specific issues and to either confirm or agree to change specific recommendations.

Failing joint agreement on the team's proposal in full, Senior Management (e.g., Directors, Vice-Presidents) will be required to reject the proposal in full and implement a plan based on the defaults in this Article. Differences related to the interpretation, application or administration of the redeployment plan may be submitted to the grievance/arbitration procedure.

Continuing Responsibilities of the JRPT

Respond to questions and grievances related to its process and decisions.

Local accountabilities for:

Minimizing surplus

ii)

Determining an implementation plan for JRPT redeployment recommendations. This responsibility includes identifying clear accountabilities for the use of the redeployment tools.

iii)

Testing possible vacancies in the Unit of Application against the surplus employees in the Unit of Application.

iv)

Testing rotations in the Unit of Application that are greater than six months against the surplus employees in the Unit of Application.

shall be clearly assigned in the JRPT's second report.

The parties agree to the establishment of the Redeployment Information Service which will manage and coordinate information related to placement opportunities for surplus staff and provide support services to local Society and Management representatives.

With respect to the application of 64.10.2, ensure that purchased services contracts are reviewed by NSS throughout the redeployment process.

64.6.1

Unit of Application

64.6.1.1

Definitions

Unit of Application shall mean NSS which is the unit in which seniority and the identification of surplus staff shall be administered.

64.6.2

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.

64.6.2.1

Mix and Match Rules

No promotions, i.e., only laterals or demotions are permitted in a mix and match process. (Note: Exceptions are described in 64.6.2.1 (11) and 64.6.3).

Applies within the Unit of Application.

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.

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.

If a job offer is found to be unreasonable by the Joint Reasonable Offer Team, then the employee will be allowed to refuse it and be declared surplus with full entitlements.

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 64.8 "Compensation'.

Pregnancy Leave and Paid Parental Leave

The employee should be treated as though he/she is at work.

Other Leaves/Absences

If the return date is known and it will occur during the Mix and Match (or shortly thereafter), the JRPT should normally include the employee in the Mix and Match.
If the employee's anticipated return date is not shortly after the conclusion of the Mix and Match, he/she would not normally be included in the Mix and Match. His/her employment continuity rights would be exercised upon his/her return.
Where an employee is not included in the Mix and Match, the JRPT needs to determine whether the position held by that employee prior to the start of the leave/absence will be included in the Mix and Match.

The JRPT should consider each circumstance on a case-by-case basis, considering such things as the employee's availability to participate.

Out-of-Province Assignments

Refer to 6.4 "Employment Continuity During Temporary Out-of-Province Assignment'.

10)

Temporary Assignments/Rotations

Normally, employees will exercise the redeployment rights applicable to their regular positions. Exceptions:

There will be a local joint review with respect to the duration of an assignment where it is greater than two years and is outside The Society's jurisdiction.

At the outset of the assignment, the employee will be advised of his/her rights with respect to Employment Continuity as described below:

For assignments of two years or less, the employee will return to The Society's jurisdiction for redeployment.
For any portion of an assignment beyond two years, the employee will remain in the jurisdiction of the assignment position for the purpose of exercising redeployment rights.

Employees whose regular positions are outside of The Society's jurisdiction but who have been acting in positions within The Society's jurisdiction for at least two years continuously and who can demonstrate a severe disadvantage by returning to their regular position will be allowed to exercise redeployment rights within The Society's jurisdiction. These situations will be reviewed on a case-by-case basis by NSS and The Society.

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 (PIP)

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)	NSS 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)

Participation of Surplus Employees

Surplus employees will participate in any subsequent mix and match process in their appropriate unit of application.

Their search/notice clocks will be stopped at the time the first JRPT report is approved and restarted upon approval of the second JRPT report if the employee is still surplus. An employee will retain priority consideration for any vacancy he/she has applied for prior to stopping of his/her clock.

A surplus employee not placed through a subsequent mix and match will have his/her clock restarted at the point it was stopped.

64.6.2.2

Available Options if Employee Refuses a Job Offer

The Joint Redeployment and Planning Team will decide during the planning process which options will be available to an employee who rejects an offer that is upheld by the Joint Reasonable Offer Team (refer to 64.7.3) as reasonable. The affected employee must, within 48 hours of being advised of the decision, choose between the option (or options) as made available by the Joint Redeployment and Planning Team. The options are:

Accept job offer; or

Confirm refusal and terminate with 75% of lump sum payments as per Subsection 64.9.2 (a); or

Confirm refusal and be declared surplus with 50% of the normal search/notice period and 50% of the normal severance entitlement.

If there is no Agreement by the Joint Redeployment and Planning Team on the options, then (a) and (b) will be available.

Note: While option (a) is always available, the JRPT may choose to provide option (a) in combination with (b) and/or (c).

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.

64.6.2.3

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 NSS.

64.6.3

Identification of Surplus Employees

The Joint Redeployment and Planning Team will compare the seniority of employees performing work which 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. 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 Section Managers (SM) shall not exercise their seniority and displace SM employees with respect to SM positions unless they have SM qualifications.

Employees paid from Schedules 04 will not normally have their seniority considered with employees from Salary Schedule 01. The Joint Redeployment and Planning Team may decide on exceptions when Salary Schedule 04 employees have achieved at least Step 5 and have greater seniority than entry level employees on Salary Schedule 01 or where Salary Schedule 04 is being used as a salary bridge for employees selected to Salary Schedule 01 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 employees paid from Salary Schedule 04 will have priority consideration in the same manner as other Salary Schedule 01 surplus employees. Where the Joint Redeployment and Planning Team does not accept that the circumstances warrant exceptions, surplus employees paid from Salary Schedules 04 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, NSS will determine who is declared surplus in accordance with the provisions of Subsection 64.6.3.

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, Vice-Presidents) 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.

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 64.6.3.

64.6.4

Declared Surplus

Employees declared surplus will receive written notice at the outset of their search notice period. Surplus status can be withdrawn at any time. The written notice shall contain:

The cause of the surplus.
A reference to this Article.
The expected expiration date of the search notice/period (termination date).
The right to NSS-wide priority consideration for vacancies in accordance with Subsection 65.6.3.
The total severance entitlement.
The anticipated date the employee will vacate his/her position.
The expectation that the employee is expected to actively pursue internal and external placement opportunities.

64.6.4.2

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:

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.

The surplus employee will not be considered for a promotion, but may be considered for a promotion-in-place position.

This must result in the withdrawal of surplus status from the surplus employee.

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.

The exchange of employees arising out of the application of these provisions is subject to the approval of NSS. The decision to approve (or disapprove) will be on the basis of further disruption to the work of the affected work unit.

64.6.5

Redeployment Tools

These would include, but are not limited to, the use of rotations, bridging to retirement, early retirement, retraining, and external placement.

These tools are not contractual entitlements but rather are methods for consideration by the Joint Redeployment and Planning Team.

64.6.5.1

Bridge to Retirement

A declared surplus employee who is close to retirement may wish to exchange severance pay for a working bridge to retirement subject to the following conditions:

The surplus employee must make a decision to opt for a bridge within 4 weeks of being declared surplus.
The period of time that represents the bridge would commence at the end of the search notice period.
The time period for which the bridge exists will not exceed the equivalent weeks of severance pay.
At the end of the bridging period the employee will terminate employment.
This decision is irrevocable.

64.6.5.2

Bridging for Future Workload

Surplus employees may be assigned to perform work in temporary positions which bridge them to a point in time where additional ongoing work requirements exist, subject to the following conditions:

That access to such positions be equitable (e.g. involve some form of advertising).
Surplus employees shall have their surplus status and rights withdrawn when selected to bridging positions.
Bridging could also include work sharing and job sharing where there is Agreement with the employees involved.

64.6.5.3

Rotations

Rotational opportunities should be used for developmental purposes and not to replace a legitimate vacancy. The following conditions will apply when rotational opportunities are used as a redeployment tool:

Posting of rotational opportunities should be in accordance with Article 65.
The posting should include basic information such as position name, salary level, location, a description of the duties, starting date and proposed duration of the rotation.
The selection process should use formal selection criteria.
Interviews will be the responsibility of the receiving unit.
Rotations will normally be from six (6) months to two (2) years.
Terms and working conditions while on job rotation will be in accordance with Article 65.
In the event that the search/notice period continues during the rotation, the surplus employee will not be restricted from applying to vacancies or from subsequently being released in a reasonable period of time, if he/she is the successful applicant.

64.6.5.4

Retraining

Retraining is intended to enhance the skill and qualifications of the surplus employee thereby increasing his/her marketability. It can include formal classroom training as well as developmental assignment within or external to NSS.

64.6.5.5

Educational Leave

The intent is provide the surplus employee with the opportunity to enhance his/her potential for redeployment.

Treatment will be in accordance with the NSS policies on Educational Leave (see Article 97).

64.6.5.6

External Placement

External placement assistance may be provided, at NSS's discretion, to a maximum value of two (2) weeks' salary (e.g. Outplacement counseling, legal or financial counseling, external job search expenses.).

64.7

Re-assignment of Declared Surplus Employees

Surplus employees who have not been placed into a regular position will normally be reassigned to work of a different nature within the basic search/notice period. This work should complement and assist the employee's redeployment by ideally providing opportunities to develop skills.

Probationary employees who are not placed within eight weeks of their declared surplus date will be terminated and will be entitled to a payment equal to the amount of time remaining in the basic search/notice period. A probationary employee will not have the time that he/she is declared surplus credited towards the attainment of regular status.

64.7.1

Search Notice Period

64.7.1.1

Procedures

All full-time and reduced-hours employees who are declared surplus will have a search/notice period calculated as follows:

no less than a 24 week basic search/notice period;

plus
service-based search notice period 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	2 weeks
MP2	4 weeks
MP3	6 weeks
MP4	8 weeks
MP5	10 weeks
MP6/Management Group Band H/HO1 ??	12 weeks

For reduced hours employees, the service-based search/notice period will be calculated as if all service had been worked full-time.

The total search/notice period will not exceed 60 weeks.

64.7.1.2

Interruption of Search/Notice Period

Intent:

The search/notice period will normally run continuously uninterrupted, except where circumstances seriously impede the employee's ability to search for a new job or interfere with the employee's timely release to accept a new job. In those situations where the search/notice period is suspended, the right to priority consideration is also suspended, except as outlined below.

Specific Circumstances:

NSS Assignments Outside of Ontario

If the assignment is greater than one year, the surplus employee will be entitled to a 24-week search/notice period or the remainder of his/her search/notice period whichever is greater, upon return to NSS. If the assignment is less than one year, the search/notice period will continue unless the employee is not available to search for a new position in which case the search/notice period will be suspended. (See also Article 6 "Employees on Temporary Out-of-Province Assignments'.)

Secondments

If the term of the secondment is defined, then the surplus employee is given the same treatment as described for out-of-province assignments. If the term of the secondment is undefined, then the employee is considered placed.

Pregnancy and Paid Parental Leave

The search/notice period is suspended when the employee commences the leave. It continues when the employee returns to work.
The rights associated with being declared surplus do not cease during the leave.

Other Leaves (e.g., Unpaid Parental Leave, Educational Leave, etc.)

The search/notice period and any associated rights are suspended.

Rotations/Temporary Assignments

Normally, surplus employees are expected to continue their job search and be available for placement. However, if the nature of the rotation/ temporary assignment is such that the surplus employee is precluded from reasonably participating in the job search, the search/notice period shall be suspended for the duration of the assignment. Such decisions should be made at the outset of the rotation/temporary assignment.

WSIB/LTD/Long Term Sick Leave

The Joint Redeployment and Planning Team will examine each case on its own merits and in the context of the intent of this Subsection.

64.7.2

Acceptance/Rejection of Job Offers

64.7.2.1

A surplus employee will have up to 7 calendar days to accept or refuse an offer of a position.

64.7.2.2

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.

64.7.2.3

Right of Refusal - 24-Week Basic Search Period

A surplus employee may refuse any offer of employment without penalty.

64.7.2.4

Right of Refusal - Service-Based Search Notice Period

If the surplus employee refuses a job offer that is within 2 salary grades lower, he/she will either:

terminate employment with severance pay;

ii)

challenge that the offer is not a reasonable one. If the challenge succeeds, the surplus employee will continue on the job search period. If the challenge fails, the surplus employee will accept the offer or be terminated with 50% severance pay.

64.7.3

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. Offers made subsequent to the final report of the JRPT process shall be subject only to the grievance/ arbitration and not to the JROT 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 NSS 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.

64.7.4

Legal Notice of Termination of Employment

It is agreed that the basic search/notice period and the service based search/notice period are sufficient and full notice as per the requirements of the relevant legislation. This Article is the Adjustment Plan as required under the Ontario Labour Relations Act and meets the requirements of the Canada Labour Code, Part III, Division IX, Group Termination, for federally regulated employees.

64.8

Compensation

64.8.1

Salary Maintenance

64.8.1.1

The surplus employee's base rate of pay will be maintained, including economic increases, until placement or termination.

64.8.1.2

If the surplus employee accepts a position at the same salary level, salary maintenance will continue as in Clause 64.8.1.1. subject to later performance reviews.

64.8.1.3

If a surplus 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:

A surplus 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.

64.8.1.4

Premiums will be calculated on the basis of the performance standing assessed for the lateral or lower rated job.

64.9

Severance, Lump-Sum Payments and Voluntary Resignation

64.9.1

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 termination of employment date. Employees with a minimum of 20 years of service shall receive severance pay of 3 weeks per year of service at the termination of employment date 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).

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 64.12.

The maximum amount of severance is 78 weeks.

64.9.2

Lump Sum Payments and Voluntary Resignation

Surplus employees are entitled to voluntarily resign their employment rather than proceed with redeployment.

Surplus employees will be entitled to the residual search/notice period and severance entitlement in the form of a lump sum payment in lieu of their continued rights in accordance with the following:

Voluntary Termination During the Basic Search Notice Period

One hundred percent (100%) of any unused portion of their basic search notice period plus 50% of their service based search notice period plus 100% of their severance pay entitlement.

Voluntary Termination During Service-Based Search Notice Period

50% of the unused portion of the service based search notice period plus 100% of their severance pay entitlement.

Reduced hours employees will be entitled to lump sum payments which reflect pay for Normal Scheduled Reduced Hours (See Section 71.2).

64.9.2.1

Previous Severance and Lump Sum Payment

Surplus employees who have received a payment under Subsection or Clause 64.7.2.4 "Right of Refusal - Service Based Search Notice Period", 64.9 "Severance Lump Sum Payments and Voluntary Resignation", Section 64.10 "Purchased Services", or the predecessor Agreement "S3", will have their severance calculated on the basis of continuous service since the last time severance was paid.

64.10

Purchased Services

64.10.1

Employees who are surplus as a result of purchased services will have the following additional entitlements:

If the surplus employee voluntarily terminates his/her employment prior to the end of the basic search/notice period, he/she will be entitled to 100% of the unused portion of the basic search/notice plus 75% of their service based search/notice period plus 100% severance pay.

If the employee is placed into a lower-rated position, then he/she will be entitled to one additional economic increase at his/her former rate prior to having the rate frozen.

The employee may be allowed to bid on the work being considered as a purchased service subject to the following conditions:

there be no preference for the bid;
if the surplus employee is the successful bidder, his/her employment will automatically terminate and he/she will receive severance pay; and
the surplus employee will be entitled to the equivalent of two weeks' salary if he/she is the successful bidder to assist in setting up his/her business.

Note: (c) will only form part of this Article if in NSS's opinion it is feasible.

The surplus employee will be entitled to enhanced outplacement services equivalent to one week's salary guaranteed plus two additional weeks' salary at NSS's discretion.

64.10.2

Prior to the involuntary termination of surplus employee(s) under this Article and where there are purchased services operating within the Unit of Application, NSS will review the purchased services contract with a view to determining if it would be a sound business decision to terminate the purchased services contract(s) based on consideration of such factors as the cancellation charges in the contract and the cost of the layoff.

64.11

Termination of Employment

If a surplus employee is not placed by the end of the service based search period, he/she will be terminated with a severance pay entitlement as per Subsection 64.9.1 "Severance".

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.

64.12

Recall Rights

Surplus employees whose employment is about to terminate because their search/notice period has expired are entitled to the following:

a terminating surplus employee will be eligible for either:

a weekly paid severance payment with entitlements to recall;

or
a lump sum severance payment with no right to recall.

terminated surplus employees will be eligible for recall rights for 12 months from the date of their termination.

former surplus employees with recall rights will be considered for vacancies in the bargaining unit as per Article 65.6.3 (f) paragraph 2, including their right to grieve non-selection (refer to Subsection 65.6.3).

weekly severance payments will cease in the event a terminated former surplus employee is rehired.

severance pay received prior to recall will be subtracted from any future severance pay entitlements under this Article.

persons on recall are not employees and shall not be entitled to any benefits provided to employees except recall rights as noted above.

notwithstanding clause (f) above, persons on recall shall be provided with coverage under the NSS Health and Dental Plan from the date the right of recall commences for a period of 6 months or until the commencement of alternative employment whichever comes first.

64.13

Relocation and Housing Assistance

64.13.1

NSS will restructure the cost of relocation so it mitigates the disincentive in the redeployment of surplus staff.

64.13.2

A surplus employee in a community where NSS's presence influences the housing market, e.g., Atikokan, Port Elgin, etc. may avail himself/herself of the House Evaluation and Guarantee Plan in accordance with the OPG policy.

VACANCIES (RELIEF, ROTATIONS AND SELECTIONS)

65.1

Intent

To provide open, fair access to career opportunities and enable NSS 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

Subject to any confidentiality concerns, NSS shall establish a "work plan", if it is reasonably practicable to do so, of projected and/or planned work anticipated for the coming three to twelve months, and shall provide copies of the work plan to society represented employees, with a copy to the society. The work plan shall set out, if practicable to do so, project names, anticipated start dates and durations, hours designated to complete the projects, numbers of staff anticipated for the project, and names of staff designated for the projects. The work plan shall be updated every three months. If not practicable to do so, the Society shall be informed in writing, also every three months.

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 ongoing 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:

to provide development opportunities to employees consistent with their career objectives;

to allow Management to meet temporary work programs and work load requirements;

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;

to broaden the experience of employees so that they may better perform their regular jobs;

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;

to meet NSS's employment equity objectives;

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 NSS-wide.

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 OPGI-Nuclear 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 Assignments Other Than Relief or Rotations

65.6.1

All vacancies for assignments which do not fall into the category of relief or rotations shall be copied directly to the Society Unit Director and advertised NSS-wide, and the Local Vice President shall be notified if the vacancy is withdrawn and of the reason for the withdrawal, unless there is Agreement with The Society Unit Director or the following conditions apply:

during implementation of Article 64;

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 NSS;

performance management that takes place following consultation with The Society;

ongoing exceptions in specified organizational units where there has been joint agreement of the JSMC;

"promotions" within a promotion-in-place plan or a proposal which has the joint agreement of the JSMC in accordance with Subsection 33.3.1. 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.

a regular position currently held by an employee where a job review has resulted in a change in salary schedule and/or salary grade;

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;

to meet legislative requirements.

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:

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.

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 NSS and the employee.

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:

Surplus Society-represented employees who have elected the priority consideration option in Subsection 64.6.4.1 (Significant Inequity).

Surplus Society-represented applicants for whom the vacancy represents a lateral or demotion including surplus trainees applying for MP2 or equivalent or lower rated positions on Schedules 01 who have progressed to at least Step 5 and who were mixed and matched with Schedule 01 employees.

Surplus employees paid from Salary Schedules 04 who were not mixed and matched with Schedule 01 employees and who have greater seniority than Surplus Applicants on Salary Schedules 01 will have priority consideration for MP2 and equivalent or lower rated vacancies before the applications from all other individuals other than those in (a) and (b) above.

Surplus applicants from positions in the business organization corresponding to The Society's bargaining unit that are excluded from The Society (i.e., Management Function) and for whom the vacancy represents a lateral or demotion.

Society-represented employees and Management Function applicants from a business unit that has invoked Article 64 and a JRPT has not completed its mix and match for whom the vacancy represents a lateral or demotion.

Selection on a "best qualified" applicant basis from among regular Society-represented applicants, regular Management Function applicants, and applicants with recall rights under Article 64.12, who are from the business organization corresponding to The Society's NSS bargaining unit. This includes applicants from another Society bargaining unit with selection priority pursuant to transition provisions in Article 9.

Selection on a "best qualified" applicant basis from among regular Society-represented applicants and regular Management Function applicants from the business organization corresponding to another Society NSS bargaining unit, and all other regular applicants from NSS.

Selection on a "best qualified" applicant basis from among temporary employee applicants with NSS.

External to NSS.

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 with assistance to obtain the necessary training and development to perform the new job requirements. NSS 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 with 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), and (e).

See subsection 65.6.1 for priority consideration of applicants to promotion in place plan vacancies.

NSS agrees to grant priority to Society-represented employees in the business organization corresponding to The Society's bargaining unit 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 in the business organization corresponding to The Society's bargaining unit who are excluded from all unions for whom the vacancy represents a lateral or demotion and prior to consideration of all other applicants.

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:

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.;

the candidate's past track record and what she/he brings to the position;

the candidate's potential to develop competence for more senior positions;

the need to meet legislative requirements;

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.

Surplus and non surplus employees are normally expected to have made application to a vacancy by the closing date.

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.

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

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.

65.6.9

All positions on salary schedules 01 and, 02, 03, 04, 05, 07, 08, 10, 11, 12, 13, 15, 18, 22 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).

65.6.10

Release of Employees Selected to a Vacancy

Intent:

(a)

NSS will strive to facilitate the expeditious release of employees who are selected to a vacancy.

Normally, employees should be released within 30 days of their written acceptance of the position. In the event that a release date is later than 30 days, the rate for the promotional position will be paid commencing the 31th day.

65.6.11

NOTIFICATION

With respect to positions represented by the Society, when the employer determines that a new position is being created or that an existing position is vacant or is to become vacant, it shall advise the Society in writing, indicating the date when the position was created, become or is to become vacant. It shall also advise the Society in writing of the name of the successful candidate and the date of his or her appointment. The employer shall also provide to the Society Local Vice President a list of all applicants for all vacant positions represented by the Society.

The employer shall provide to the Society an organization chart indicating all Society positions and their incumbents by February 13, 2004 .

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:

the same salary schedule and is a minimum of one salary grade higher than the employee's current job; or

a different salary schedule in which the salary level is greater than in the employee's current job, measured by salary grade reference points (100%), except when moving from 01.

"Lateral Transfer":

This occurs when an employee is appointed to a job paid from:

the same salary schedule and is the same salary grade as the employee's current job; or

a different salary schedule in which the salary level is equivalent to the employee's current job, measured by salary grade reference points (100%).

"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 performance standing which reflects a reasonable expectation of his/her performance in the new or revised job.

66.2.3

Any salary increase received by an employee upon promotion should not be less than any approved, but not yet implemented, performance pay recommendation.

66.3

Reclassification as a Result of a Job Re-evaluation

66.3.1

Reclassification may occur under several circumstances:

when the salary grade for a job increases with no change in the employee's actual job duties/responsibilities;

when the employee has been and will continue to perform additional job duties/responsibilities;

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 performance standing 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 performance standing as before the 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 JJRT and no further, date of JJRT decision; if dispute goes to grievance, date of Step 2 decision or Joint Job Challenge Resolution Committee decision).

66.4

Temporary Assignment in a Higher-Rated Job

66.4.1

After fifteen (15) cumulative working days performing in a higher-rated job during a calendar year, an employee shall receive:

a minimum of a 3% salary increase when assigned to work in a position one or two grades higher than the employee's normal job;

a minimum of a 5% salary increase when assigned to work in a position more than two grades higher than the employee's normal job.

To be eligible for these payments:

the position must be filled to satisfy operating requirements; and

the employee must perform all or most of the normal job duties of the position as expected during the course of the assignment.

Where a temporary assignment to a higher-rated position is discretionary and optional for the employee, pay treatment is also discretionary. Discretionary means that the temporary assignment is not required to be filled to satisfy operating requirements, in the opinion of NSS, and represents a developmental opportunity.

66.5

Lateral Transfer

Normally, an employee who is appointed to a lateral position should receive no increase in current pay.

66.6

Demotions

An employee who voluntarily accepts placement in a lower rated position will have his/her current base salary dollars frozen until the employee's current pay entitlement as determined by the salary grade and performance standing exceeds the frozen level. An employee may apply to The Society in advance of submitting a job application and/or acceptance of a job offer for an exemption from this provision. Exceptions that occur as a result of performance management (Clause 65.6.1 (c)) require advance consultation with The Society.

PURCHASED SERVICES AGREEMENT (PSA)

67.1

Scope

This Agreement was developed jointly in a spirit of co-operation and trust. It is intended to provide a joint approach to making good business decisions which involve the use of purchased services. Its application calls for these decisions to be made in the same spirit of co-operation and trust.

What follows is based upon the belief that there is value and benefit to the employee, the Company and the customer if:

There is a greater involvement and therefore responsibility by employees in all aspects of the decision making process.
There is an improved understanding as to why purchased services are used.
Employment security and career opportunities are enhanced by a productive, healthy and cost effective organization.
We collectively strive for excellence by continuously improving whatever we do and by fully utilizing the capabilities of all employees.
The Society and Management work together and act responsibly balancing the interests of the customer, the Company and the employee in decisions relating to the use of purchased services.

This is a way of deciding how work gets done. It is not intended to hinder getting work done.

67.2

Assignment of Work

67.2.1

Philosophy

It is the Company's intent to use Society represented staff to perform most of its work where they are able to perform it well and effectively. Furthermore, the Company will strive to provide regular staff with stability of employment.

The parties agree that a consistent, managed, joint approach to the assignment of work within the Company is necessary to provide security and career opportunities for employees, a more effective, productive organization and an excellent product for the consumer.

67.2.2

Principles

The following principles apply to the relationship between the Company and The Society with respect to the work performed by Society represented staff.

We will within NSS have all work conducted as effectively as possible.

We will measure the effectiveness of all work by its impact on staff, on the business, on the environment and by its ultimate impact on our customers.

We will do most work with Society represented employees if they can perform it well and effectively.

We will determine when work is to be done by non-Society represented staff through a joint decision making process and the results of these decisions will be a joint responsibility.

We will use the enhanced surplus staff agreement for employees who are surplus as a result of contracting the work they normally would have performed.

We will use a team and consensus approach when making decisions and any issues arising will be resolved internally, where possible.

We will consult and make timely decisions consistent with the need to get work done.

We will develop, implement and continue a joint process of communications and education.

We will achieve consistency through the use of these principles versus policy and procedure.

67.3

Decision Process

67.3.1

Responsibility for Decisions

The persons who are responsible for applying the decision process, including making timely decisions and taking responsibility for them are the Company representative with the appropriate decision authority and The Society representative designated by The Society. It is recognized that a given decision may require the involvement of more than these two persons.

67.3.2

Opportunity

The parties recognize that work may be done more effectively internally or externally. Opportunities for the application of this Article to new or existing work can be initiated by Management and/or The Society. It is intended that joint discussion should commence as soon as possible and before detailed definition of the need to have new or existing work done by purchased services.

67.3.3

Definition of Need

The parties will consider what work must be done and why and include such dimensions as:

when it must commence and the duration of the work;
the quantity of resources required;
the quality of the results;
the skills required and their availability internally and externally; and
safety requirements.

67.3.4

Alternatives

The parties will consider such alternatives as:

do the work internally;
do the work internally and plan to do it externally in future;
do part of the work internally and part externally;
do the work externally and agree to acquire capability to do the work internally in future; or
do the work externally.

67.3.5

Evaluation

The parties will evaluate the alternatives considering the impact on the customer, employees and the business. The total effectiveness of the alternatives will be evaluated considering both the short and long-term impacts. In given situations, certain criteria may be given a greater or lesser degree of importance. Such criteria as:

reliability of service to the customer,
responsiveness to customers,
community impact,
Corporate relations impact,
external stakeholder interests,
employment continuity,
career opportunities,
ability to perform work,
degree of overtime required for the work,
availability of resources,
cost,
timeliness,
quality,
need for control over results,
safety, and
impact on environment

will be assessed.

67.3.6

Decisions to use purchased services will be made on a consensus basis. Both parties must consider all the relevant criteria with the mutual goal of selecting the most effective option. When appropriate, consideration should be given to developing implementation plans.

The parties agree that disputes arising out of this process must be resolved internally, where possible. Where the parties cannot reach agreement, the parties will apply the dispute resolution process set out in 67.4.

67.4

Dispute Resolution Process

67.4.1

Joint Resolution Committee (JRC)

The purpose of this Joint Committee is to resolve disagreements or disputes between the parties on a consensus basis in a timely and expeditious manner. In its deliberations, the JRC will consider the factors in items 67.1, 67.2 and 67.3.

Prior to a meeting of the JRC, the Company will provide The Society with the following information related to the proposed purchased service.

copies of the Tender or Request for Proposal documents, if there are any;
an accurate description of the work which is the subject of the proposed purchase service;
accurate details on bids, e.g., price, scope of the work as set forth in the bid;
a full cost benefit analysis including incremental costs but excluding overhead costs which would be incurred.

67.4.2

Membership

The membership of the JRC shall be as follows:

William Kaplan shall act as Chairperson of the JRC and as a facilitator/arbitrator. The Chairperson shall assist the parties to resolve all issues of application and interpretation of this Article with the power and authority of an arbitrator under the Ontario Labour Relations Act but not subject to the Arbitrators' Act.

One Management and one Society representative plus additional resources as required.

In the event of the parties not being able to reach a consensus decision the facilitator/arbitrator will have the power to make decisions and will have the authority to make such orders as he/she deems appropriate to give full affect to his/her decision(s) and to deal with any consequences his/her decision(s) might have in the workplace.

Where either party wishes to proceed with a Purchased Services discussion, the parties will endeavour to complete discussion within 10 days of notice to The Society in the prescribed form and that full resolution, including review by the JRC, will occur within 30 days of notification.

Where the Company proceeds unilaterally on the basis that an emergency exists, The Society may request that the JRC and/or the facilitator/arbitrator review the matter, provided that a request for review is made within 3 days of receipt of the information as per 67.4.1 above. If the facilitator/arbitrator determines that an emergency did not exist he/she may impose such remedy as may be appropriate in the circumstances.

The Society will not be prejudiced in any subsequent case by a particular purchase of services. Similarly, the Company will not be prejudiced by any decision not to purchase services.

67.4.3

It is understood that emergencies are in a different category. In the case of an emergency, the joint decision provisions of this Article need not be applied. The Company will notify The Society as soon as it has determined that an emergency exists and that it will proceed unilaterally. The JRC and/or the facilitator/arbitrator may review the decisions made by the Company that an emergency existed.

67.5

Structure

67.5.1

Joint Society Management Committee (JSMC)

The JSMC has overall responsibility for this Article and its success. It is responsible for ensuring that the Article is implemented and applied in a manner which is consistent with the philosophy and principles outlined in Sections 67.2.1 and 67.2.2. It will conduct a periodic assessment and evaluation of this Article and determine the need for any improvements and changes. The committee will strive for continuous improvement of the process contained herein.

67.5.2

Joint Purchased Services Team

The Joint Purchased Services Team will assist the JSMC in achieving its mandate relative to the use of purchased services. It will be responsible for developing and delivering training and awareness programs and ongoing measurement of the process and results.

67.6

Application

67.6.1

The parties will jointly develop implementation plans for approval by the senior management of the Company and The Society. These implementation plans will include a plan for training employees involved in the decision process.

67.6.2

Where a service is obtained for a business organization corresponding to one NSS bargaining unit from another business organization corresponding to another NSS bargaining unit, or a business which has Society-represented employees who are providing the service, The Society will agree to waive the application of Article 67 (Purchased Services Agreement - PSA) provided that such purchased service does not directly result in a surplus of Society-represented staff in NSS. Article 67 shall be applied in the service provider bargaining unit or business where the service provider wishes to purchase external services in order to provide service to another NSS bargaining unit.

67.6.3

NSS and The Society agree to consider waivers of Article 67 for those organizations, partnerships and service providers who will in the long term enhance NSS competitiveness through cost reductions and productivity improvements.

HOURS OF WORK

68.1

The M&P Salary Schedule (01) applies to 35 hours of work per week, with regular scheduled hours between 35 and 39 hours per week paid on a prorated basis.

68.5

The M&P Development Schedule (04) applies to 35 hours of work per week.

68.7

Reduction of Hours of Work

Where Management reduces the standard hours of work for a position, the following will apply:

The Society and NSS 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.

Failing agreement in accordance with (a), the following treatment will apply:

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.

68.8

NSS will comply with legislative requirements regarding hours of work.

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 NSS, 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, the standard hours of work shall not begin before 7:00 a.m. nor end after 6:00 p.m. 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.

REDUCED HOURS OF WORK (RHOW) ARRANGEMENTS

71.1

Principles

71.1.1

Employees working RHOW are regular employees and have equal access to all NSS 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 NSS.

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 work flow 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 work flow 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 Performance Pay process; and (d) have access to the Employment Continuity Article.

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 NSS 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 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 is to be credited on a calendar basis starting with the date of hire and 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

Coverage is dependent upon being a member of the Pension & Insurance Plan. 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 NSS 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)

LTD is dependent upon being a member of the Pension & Insurance Plan and 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 hours 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

Less than 1 year - 4% of accumulated wages.

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 NSS.

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.

PEAK DEMAND HOURS ARRANGEMENTS / PROJECT CREWS

72.1

Intent - Peak Demand Hours

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 Peak Demand Hours that are 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 XI.

Once it has been decided to apply this Article within a business unit, Management will meet with The Society to jointly agree on the formation of a joint team. The application of this Article will be done by local joint teams which will determine how best to apply these guidelines in their particular situation. The local teams are not required to rigidly adhere to the guidelines in Appendix XI and may revise them as they deem appropriate.

Any disputes concerning the application or implementation of Article 72 or Appendix XI shall be referred to the JSMC for resolution. Any resolution by the JSMC shall be final and binding but if the JSMC is unable to resolve the issues, either party might refer the item to "interest" arbitration for resolution.

72.2

Intent - Project Crews

The intent of this Article is to establish the treatment of employees who are required to work on Project Crews.

Once it has been decided to apply this Article within a business unit, Management will meet with The Society to discuss how best to apply these guidelines in their particular situation.

The application of this Article is contained in Appendix VI.

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 - Employment Continuity.

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 NSS 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 performance pay 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.

ASSIGNMENT OF NON-BARGAINING UNIT WORK DURING A STRIKE/LOCKOUT

Normally, NSS 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 dangerous or unsafe situation for employees or the public;

a threat to the environment;

damage to equipment, systems or property;

the violation of licenses, regulations or other statutory requirements as applicable in (a), (b) and (c) above;

activities going undone which are required to support employees who are performing essential work in accordance with (a), (b), (c) and (d) above;

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

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.

74.4

NSS 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.

74.5

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.

74.6

Employees assigned to essential work will have the appropriate skills and training to perform the duties.

74.7

The terms and conditions of compensation for performing essential work are described in the Letter of Understanding (LOU#1) entitled "Compensation and Working Conditions - Essential Duty Assignments' dated June 27, 1994.

TELEWORKING

75.1

Definition of Teleworking:

Telework refers to a NSS employee who:

- Is working out of an office in his/her home;
- Does not normally have another office at NSS;
- Is not working at home on an occasional or casual basis.

75.2

Collective Agreement Standards:

Where NSS determines that teleworking may be implemented, the following provisions will apply:

The arrangement will be mutually agreed upon and will be documented prior to commencement of teleworking;

The terms and conditions of the Collective Agreement will apply except where modified by agreement among NSS, The Society and the employee;

Teleworkers will not be required to meet with customers or other NSS employees in their home;

Teleworking arrangements will be voluntary, and are subject to cancellation as locally agreed;

Teleworking will not change the employment status of the teleworker;

NSS will provide appropriate health & safety advice and guidance to the teleworker;

NSS will provide appropriate business and personal security advice to the teleworker;

NSS shall provide all furnishings/equipment it deems necessary to meet job expectations;

NSS will pay for additional insurance costs, if required;

If the teleworking arrangement is terminated then the employee will be entitled to relocation assistance as provided in the Collective Agreement;

It is agreed that The Society represents employees who fall within The Society recognition clause of the Collective Agreement and who are teleworking;

NSS 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

DIRECT DEPOSIT

Employees will be paid weekly by means of electronic deposit. 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 centers and pay processes.

Effective on a mutually agreeable date, employees will be paid bi-weekly. If the pay cycle can't be reduced to one week to absorb the impact, then employees will be provided with an advance to cover the first week without pay, and recover it over 6 months.

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:

An employee is expected to make a reasonable attempt to arrive at work at their normal starting time.

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.

THE PROVISION OF FRENCH LANGUAGE SERVICES

This Article provides the terms and conditions under which NSS complies with the French language Services Act (RSO 1986) as it applies to employees in the bargaining unit.

78.1

Designated Positions

NSS will designate positions that require French language capability, to the extent required by the Act. NSS 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, NSS Human Resources. Labour Relations, NSS 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

NSS 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 85 - Extramural Training. In locations where extramural training in French is not available, NSS 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 he/she 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

NSS 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.

PREFERRED PARKING ARRANGEMENTS

79.1

For 700 University Avenue, NSS will allocate designated preferred parking spaces for car/van pool arrangements.

79.2

Employees who wish to make car/van pool arrangements can apply to the Team Leader, Vehicle Services.

79.3

A car/van pool arrangement is defined as a minimum of three employees per vehicle.

79.4

For other locations NSS will endeavour to provide similar preferred parking arrangements.

SPECIAL CLOTHING

80.1

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 NSS for issue to employees.

80.2

NSS will make bulk purchases of certain types of work clothing, for resale to employees, on the most favourable terms possible.

80.3

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.

80.4

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.

80.5

All clothing issued by NSS will remain the property of NSS. Employees may be required to replace item(s) lost or destroyed as a result of their own carelessness.

80.6

Where performance of an assignment at a work location requires the use of specialized personal protective equipment that is not normally provided at the work location, including, but not limited to, protective footwear, NSS shall pay the full cost of such protective equipment. Replacement cost of such protective equipment shall be paid by NSS as required, and shall not be unreasonably refused.

PAYMENT FOR USE OF PERSONAL VEHICLE

81.1

Where an employee is authorized to use his/her personal vehicle for Hydro 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 $0.41 per kilometre will take effect on March 1, 2001.

81.2

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 NSS 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.

81.3

By virtue of receiving the above kilometre rates, the employee is responsible for any expenses incurred involving his/her vehicle while on NSS 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.

BUSH FIRE FIGHTING AND VOLUNTEER FIRE BRIGADES

82.1

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:

82.1.1

Regular and Probationary Employees - Bush Fighting

Regular and probationary employees will have their normal base pay maintained.

82.1.2

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.

82.1.3

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.

RETIREMENT BONUS

Employees who have completed 10 years or more of continuous employment shall be given, upon retirement, a cash bonus equal to one month's pay. The retirement bonus may be paid in cash or by transfer to an employee's Registered Retirement Savings Plan (RRSP), at the employee's option.

EXTREME WINTER WEATHER CONDITIONS

In the event of extreme winter weather conditions, employees will normally receive pay for hours worked.

84.1

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:

using a vacation day;

using a floating holiday;

using a lieu day (or banked time where applicable).

84.1.1

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.

84.1.2

Employees will work at straight time rate of pay while working back the lost hours.

84.1.3

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.

84.1.4

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.

84.2

Closure

Employees included in an authorized closure will have their pay maintained for the number of hours between closure and normal quitting time.

84.3

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.

84.3.1

Payment for time worked in excess of normal scheduled hours will be made only if approval was given in advance for such work.

84.3.2

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 NSS business.

84.3.3

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.

EXTRAMURAL TRAINING

85.1

Financial Support

In order to enhance a regular employee's job performance now, or in the future, NSS may provide financial support for external training activities consistent with OPGI Policy, subject to the following conditions:

The employee is expected to obtain prior approval from his/her supervisor prior to registering in the training course.

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.

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.

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 NSS.

An employee will be reimbursed for reasonable costs subject to:

Satisfactory course completion and a passing grade where applicable, except where the course is taken upon the request of Management.

Costs will not be reimbursed if the employee has given notice of resignation prior to completion of the course.

All approved costs will be reimbursed for courses which cannot be completed due to the employee being transferred to another location.

85.2

Professional Fees

Fifty percent (50%) of annual fees incurred to maintain professional designations relevant to NSS work, including but not limited to, designation as a professional engineer, shall be reimbursed by NSS.

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.

Nuclear Safety Solutions Collective Agreement

Part XIII: Working Conditions