| 87 |
REPRESENTATION ON NSS COMMITTEES |
The parties recognize the roles and responsibilities of appointees to committees and task forces, i.e., as a representative of Management on the one hand, and The Society, on the other. When an employee represented by The Society is appointed by Management, his/her responsibility is to Management. When he/she is appointed by The Society, his/her responsibility is to The Society. This role distinction should be made clear at the time of appointment. Notwithstanding the above, and in keeping with Subsection 2.4 (Supervisory Employees - Code of Ethics), Management will endeavour to appoint its representatives having regard to The Society's interests in effective representation.
|
| 88 |
GUIDELINES FOR SOCIETY REPRESENTATIVES ON CONTINUOUS QUALITY IMPROVEMENT (CQI) TEAMS |
| In a spirit of mutual trust and co-operation, these guidelines have been jointly developed by The Society and Management to assist the parties when there is involvement by Society-represented employees in continuous quality improvement (CQI) processes. |
| 88.1 |
Society-represented employees have a legitimate role to play in the development and operation of continuous quality improvement teams at NSS. |
| 88.2 |
When employees representing The Society are to be included on a CQI team, they will be officially appointed by the appropriate Unit Director or The Society Executive following discussions with the appropriate line managers. The Society will normally be provided with a task description or problem identification, including an estimate of the time required, as well as with selection criteria to assist in the selection of appropriate nominees for the activities at hand. The Society retains the right to make the final appointment. |
| 88.3 |
Employees representing The Society on CQI teams will be given the opportunity to be involved in all aspects of the team activity; i.e., joint communications, joint training and education, etc. |
| 88.4 |
Only conclusions that have been reached by consensus will be included in the final recommendations of the team. |
| 88.5 |
The Society Board of Directors and appropriate Management staff should be kept informed regarding implications for any JSMC Agreements between NSS and The Society as the CQI team progresses. Recommendations which impact on JSMC Agreements will only be implemented when approved by the parties. |
| 88.6 |
If innovative practices resulting from CQI team recommendations are tested/piloted, it is without setting precedent. |
| 88.7 |
The Society and the local Human Resources office will be advised in advance of a quality improvement team implementing any innovative work practices, compensation schemes, etc. that challenge agreements between NSS and The Society. Sufficient time will be allotted for feedback before any such ideas are implemented. |
| 88.8 |
Performance appraisals should support CQI processes. Toward that end, participation by Society-represented employees in CQI activities should be considered in a positive light when conducting performance appraisals providing their contribution to the CQI team has been useful. |
| 88.9 |
Society-represented staff will be reimbursed for reasonable costs related to participation in CQI initiatives by NSS. |
| 88.10 |
As a last resort, any issues relating to quality improvement that cannot be resolved locally should be referred to the Joint Society-Management Committee (JSMC) for further discussion.
|
| 89 |
TRIPARTITE AGREEMENT ON JOINT HEALTH AND SAFETY COMMITTEES |
| NSS and The Society agree to adhere to the Tripartite Agreement below: |
| TRIPARTITE AGREEMENT ON JOINT HEALTH AND SAFETY COMMITTEES |
| PRINCIPLES OF AGREEMENT between the employer, the Power Workers Union and The Society concerning the establishment or modification of Joint Health and Safety Committees to meet the requirements and intent of The Occupational Health and Safety Act, as amended by Bill 208. |
| 1. |
SIZE AND COMPOSITION OF JOINT HEALTH AND SAFETY COMMITTEES |
|
That the size of JHSCs will be determined through discussions and agreement between the three parties. |
|
That the PWU and The Society shall comprise a minimum of 75% of the JHSC membership with the relative percentage of PWU and Society JHSC members being determined by these two parties based on criteria including but not limited to representation by population and historical make-up. Neither union shall have less than 25% of the total number of Committee representatives nor more than 50%. Disputes regarding numbers shall be referred to the Executive level of the PWU and Society for resolution and if agreement is not reached, to an arbitrator mutually agreed upon by the parties for binding resolution. |
|
That Management's Committee representatives will be from outside of PWU and Society jurisdiction. |
|
That the status, rights and treatment of all representatives on the JHSCs will be equal. |
|
That the meetings of the JHSC will be chaired on a rotating basis by the Co-Chair of each party represented on the committee. |
| 2. |
TRAINING AND CERTIFICATION |
|
That all JHSC members will be trained and certified. Training and certification will be jointly determined and in accordance with legal requirements and the PWU and Society Authority to Stop Work Agreements, with the costs to be borne by the employer. |
| 3. |
POLICY COMMITTEE (NON-LEGISLATED) |
|
That a corporate-level Health and Safety Policy Committee shall be established to participate in the formation and evaluation of health and safety strategy and policy, to resolve policy-level issues impacting on tripartite health and safety initiatives including the Work Protection Code and Corporate Safety Rules. |
|
That the Policy Committee be comprised of an equal number of senior representatives from The Society, the PWU and Management. |
|
That the parties will each select their respective committee members. |
|
That the Policy Committee hall meet at least once per quarter. |
|
That the employer shall provide the resources and training that the Policy Committee deems necessary with costs to be borne by the employer. Training development and delivery will be jointly determined. |
|
That the Policy Committee shall receive a formal response to its input to policies/programming within 30 days. |
| 4. |
ANNUAL EXPERIENCE REVIEW |
|
That each year, upon request by any one of the parties to this Agreement, an experience review by undertaken by the parties of the benefits and difficulties of implementation of the Agreement and the impacts of organizational changes. |
| 5. |
AMENDMENTS TO THE AGREEMENT |
|
Amendments to the Agreement may be made at any time by the parties with mutual agreement in writing. If mutual agreement cannot be reached, the parties will refer to an arbitrator, mutually agreed upon by the parties, for binding resolution.
|
| 90 |
AUTHORITY TO STOP WORK |
| 90.1 |
Definitions |
|
"Where an Employee's health and safety is in immediate danger" (refer to 90.4.3), "immediate danger" shall mean, "conditions that pose an immediate threat to life or health, or conditions that pose an immediate threat of severe exposure to contaminants such as radioactive materials which are likely to have adverse or cumulative or delayed effects on health." |
| 90.2 |
Intent |
|
"Responsibilities and Accountability" are intended to reinforce the fact that this is a joint policy for which both parties are jointly responsible, i.e., we are in this together. |
| 90.3 |
Introduction |
|
Effectively involving employees and Employers in joint health and safety committee activities can enhance workplace health and safety. Under the Occupational Health and Safety Act, the use of Joint Health and Safety Committees (JHSC) is part of the legislative process which has been labeled as the "Internal Responsibility System" (IRS). Within this participatory management concept, the JHSC's have been given specific rights and responsibilities under the Act such that, with their involvement, the right to know, the right to participate and the right to refuse unsafe work is further enhanced. |
|
The employer and The Society of Energy Professionals ("The Society") agree that all unsafe work must be stopped. This Article on health and safety for the authority to stop work will further enhance the activities of the JHSC's and the IRS concept. |
|
Changes to this Article can only be made by mutual agreement of the Joint Working Committee on Health and Safety. Where no agreement can be reached, the matter will be referred to the Joint Society Management Committee (JSMC) for resolution. |
| 90.4 |
Authority to Stop Work |
|
90.4.1 |
Where a workplace is unsafe, a Certified Society and Management member of the local JHSC can jointly prevent the start of the work or stop the work. |
|
90.4.2 |
Where there is a disagreement between the Certified Society or Certified Management member of the local JHSC that the workplace is unsafe, the issue shall be immediately presented to the local JHSC for review and resolution. |
|
90.4.3 |
Where an employee's health or safety is in immediate danger, a Certified Society or Management member of the local JHSC can stop the work. After calling the work stoppage, the Certified Society or Management member must contact the respective counterpart immediately and seek to obtain joint agreement on the stoppage as soon as possible. If joint agreement cannot be reached, the issue shall be presented to the local JHSC for review and resolution. |
|
90.4.4 |
In cases where the JHSC cannot resolve issues arising from 2 or 3 above, the Ministry of Labour Inspector or the Atomic Energy Control Board shall be called in for resolution. |
| 90.5 |
Training/Certification |
|
90.5.1 |
The Society Joint Health and Safety Working Committee shall fully participate in the development of a specialized training program for all members of the Joint Health and Safety Committees. |
|
90.5.2 |
The Society Joint Health and Safety Working Committee shall fully participate in the development, putting in place, and administration of testing and re-testing standards for all members of the JHSC's. |
|
90.5.3 |
The Society Joint Health and Safety Working Committee shall fully participate in the establishment of a specific Training/Certification program for members of the JHSC's. |
|
90.5.4 |
The Society Joint Health and Safety Working Committee shall fully participate in the development, implementation and administration of testing and re-testing standards for accrediting JHSC members into the Certification program. Such standards shall not be less than those established by the regulatory agencies or deemed to be equivalent to the intent of the regulatory standards. |
| 90.6 |
Responsibility and Accountability |
|
There shall be a shared responsibility and accountability by The Society and Management for the actions of their Certified members of the JHSC's. |
| 90.7 |
Compensation and Discipline |
|
It is understood that employees directly or indirectly affected by the application of this Agreement will not suffer any loss of wages or disciplinary action. |
| 90.8 |
Decertification |
|
Should a Certified member fail to act in good faith, The Society Joint Health and Safety Working Committee shall review the representative's action and make appropriate decisions. |
|
Where there is disagreement regarding the action of the Certified member, the issue shall be taken to JSMC for resolution. |
| 90.9 |
Assessment |
|
The Joint Working Committee on Health and Safety shall be responsible for assessing the effectiveness of this Agreement from time-to-time.
|
| 91 |
HEALTH AND SAFETY DISPUTES |
| 91.1 |
Except for disputes involving the principles set out in the Tripartite Agreement on Joint Health and Safety Committees, all other disputes involving allegations that the employer has violated the provisions of the Occupational Health and Safety Act (OHSA) will not be subject to the provisions of the grievance/arbitration procedure except where provided for by the legislation itself. The parties will attempt to resolve such disputes at the lowest level possible. Failing resolution, the dispute may be forwarded to the Ministry of Labour for final resolution. |
| 91.2 |
Disputes which involve interpretations about Sections of the OHSA, or any of its associated regulations will be resolved in accordance with the procedure set out in the joint agreement "Handling Legislative and Regulatory Impasses Pertaining to the Occupational Health and Safety Act and its Associated Regulations" dated December 5, 1991.
|
| 92 |
JOINT HEALTH AND SAFETY COMMITTEES |
| 92.1 |
The employer will provide a Joint Policy Committee in which Society representatives are able to address the health and safety concerns of employees with Management of various levels. |
| 92.2 |
All Society-represented employees are entitled to representation on joint health and safety committees and to associated training. |
| 92.3 |
There are to be three levels of representation:
- NSS/Board level (JSMC)
- Corporate Health and Safety/Society working committee level (based on the following Terms of Reference)
- Local workplace level health and safety committees
Terms of Reference - September 27, 1989
Joint Working Committee on Health and Safety
| 1.0 |
Goal |
|
Provide recommendations to assist the Health and Safety Division in the development, implementation and evaluation of NSS employee health and safety policy and programs. |
| 2.0 |
Personnel |
|
Director, Safety, and other Management staff as deemed necessary from time-to-time. |
|
Chairperson of Society Health and Safety Committee and other Society members or a staff advisor to a maximum of five. |
|
The Chair will rotate between the Director, Safety, and Chair of The Society Health and Safety Committee. |
| 3.0 |
Function |
|
Participate in the identification and resolution of problems and issues of NSS significance in employee health and safety policy and practice. |
|
Participate in the development, promotion and implementation of NSS health and safety programs. |
|
Meet the provisions of 90.5, 90.8 and 90.9. |
|
The Committee will meet quarterly or as mutually agreed. |
|
NSS will pay the expenses related to jointly agreed projects undertaken by or on behalf of the Joint Working Committee on Health and Safety. | | |
| 92.4 |
Employee Health and Wellness |
|
A Tripartite Policy Committee shall be established to determine the formation, evaluation, strategy and policy-making of the following initiatives: Health & Safety; Work Protection Code; Corporate Safety Rules; Wellness; and, Diversity. This Policy Committee shall meet once every quarter and its mandate shall be in accordance with items 3 and 4 of Article 89, "Policy Committee" and "Annual Experience Review". The Committee may effect amendments to the agreement as contemplated at Article 89, Item 5. |
| 92.5 |
Employee Family Assistance Program (EFAP) |
|
The Society will have input into management's review of EFAP programs. |
| 92.6 |
NSS agrees to consult with The Society regarding new health and safety policies and procedures and regarding changes to existing health and safety policies or procedures except where provided for by the legislation itself. The Society will be given a reasonable amount of time to comment prior to implementation.
|
| 93 |
JOINT SOCIETY-MANAGEMENT COMMITTEE (JSMC) |
Negotiations between NSS and The Society shall take place through a Joint Society-Management Committee (JSMC) to which each body will appoint an equal number of representatives. Negotiations shall be conducted in good faith and both parties shall make every reasonable effort to reach agreement on matters of mutual interest as expeditiously as possible.
|
| 94 |
PROBLEM-SOLVING TEAMS |
| 94.1 |
The parties agreed that during the term of the Collective Agreement, problem-solving teams will be established in order to examine the following issues: |
|
a) |
Performance Pay |
|
|
Task - A joint team is committed to develop a new performance pay plan. |
|
b) |
Benefits |
|
|
Task - A joint team will examine and make recommendations on the administration of employee benefits, including cost management of the plans, and for presenting data on employee benefits items as assigned by the JSMC. This joint team will provide a forum for dialogue on employee benefits during the term of the renewed Collective Agreement. |
|
|
Team Membership - Three representatives and one staff resource from each party plus additional resources as may be needed from time-to-time. |
|
c) |
Job Evaluation Integration Project (Formerly Internal Relativity Project) |
|
|
Task - NSS and The Society reaffirm their intention to complete the Job Evaluation Integration Project (JEIP) on the basis of the JSMC approved terms of reference for this project. |
|
d) |
Total Compensation |
|
|
Task - The parties will hereby undertake to continue work as per Article 15 and subsection 97.2 (f) on developing appropriate internal comparisons, an external community for comparison and criteria for measuring total compensation. |
|
|
Team Membership - Three representatives and one resource from each party and additional resources as may be needed from time-to-time. |
|
|
Due Date - The team will file its joint report with the JSMC. Failing such agreement either party may refer the outstanding differences to an arbitrator for a final and binding decision. |
|
e) |
Pension Governance and Control |
|
|
This Article shall be suspended for the term of the Collective Agreement subject to the inclusion of a Society appointed representative to NSS's "Pension Advisory Committee'. |
|
|
The parties agree to establish a committee to have access to reasonable pension plan and pension fund information (subject to the understanding that certain confidential information will not be available, and such confidential information that is supplied will be maintained in confidence by the committee/resource persons), and to explore the feasibility and advisability of: |
|
|
i) |
a new governance framework; |
|
|
ii) |
creation of a pension plan/fund for Society members only; |
|
|
iii) |
obtaining information that may be relevant to successorship issues; |
|
|
iv) |
obtaining information provided to the Board Finance and Audit Committee dealing with the Pension Plan and Fund. |
|
|
The committee shall be composed of six members, three to be selected by NSS and three to be selected by The Society. Each party shall have the right to have resource persons attend meetings and assist the members of the committee with their deliberations. |
|
f) |
Jurisdiction Arbitration Process |
|
|
Task - A joint mid-term task group will be established to examine and report to the JSMC by October 3, 1997 on the following problem: |
|
|
How to apply successful experiences with pre-hearing disclosure and evidentiary protocols to jurisdictional arbitrations while minimizing unnecessary replication of special procedures in the Collective Agreement. |
|
g) |
Rehabilitation |
|
|
Task - A joint team will be established to conduct an experience review of the "rehabilitation and re-employment" policy and to ensure that practice is consistent with the Collective Agreement, specifically with respect to the conditions that apply to permanently disabled employees who are able to return to work only on a permanent part-time basis. On the basis of this review, the team will make recommendations to the JSMC within 90 days of the settlement of the terms of this Collective Agreement. The JSMC will determine the terms of reference for this team. |
|
h) |
Relocation |
|
|
The Society and NSS agree to establish a joint team and terms of reference to examine industry best practices for relocation. Team to report to JSMC by October 2000. |
|
i) |
Selection Process |
|
|
The parties undertake to review and update the number of categories on the selection priority ladder in Article 65.6.3, to be completed by January 1, 2001.
|
| 95 |
PUBLICATION OF COLLECTIVE AGREEMENT |
| All Society-represented staff should have personal access to a copy of the Collective Agreement. The preferred method is to provide access to this Agreement via an electronic basis such as KIOSK. Where there is no access to KIOSK the document could be distributed via disc. |
NSS agrees to print sufficient copies for distribution to all elected Society representatives and to those employees without access to computer technology. The cost of printing the copies that are required (to be determined by joint agreement) will be shared on the following basis: 75% NSS; 25% (Society).
|
| 96 |
USE OF NSS COMPUTER FACILITIES |
| 96.1 |
The Society may make use of any of the services provided by Information Technology Support Group to NSS line units. |
| 96.2 |
The Society will be treated identically to NSS line with respect to service standards, procedures and support. |
| 96.3 |
The price charged for the service will be the published rates of the Computer Centre plus the charge for administration, referred to as General Overhead which may change. |
| 96.4 |
Information regarding these services, e.g., technical support, manuals, billing structure, training, etc., may be obtained from the ITSG. |
| 96.5 |
The Society will seek approval from the appropriate authorities prior to accessing or attempting to access any line units application programs or data. Any infringement of this condition by a Society member will be grounds for cancellation of this Article. |
| 96.6 |
The services provided under this Article are to be used only for the purposes of assisting in the conduct of normal Society business and for provisions of service to its members. |
| 96.7 |
Society data and programs may be protected from access by others by taking advantage of existing password mechanisms. It is The Society's responsibility to make arrangements to utilize such mechanisms.
|
| 97 |
STATUS OF CERTAIN CORPORATE POLICIES AND PROCEDURES |
| 97.1 |
NSS will not terminate or alter the terms of the Ontario Hydro policies and procedures listed below without the agreement of The Society during the term of this Agreement. Prior to December 31, 2000, the parties will review the language of these policies and procedures for possible inclusion in the Collective Agreement. |
| 97.2 |
The following policies and procedures are subject to the grievance/arbitration provision of the Collective Agreement (Article 16). |
|
The corresponding Human Resources Policies and Procedures reference and policy date are given in parentheses. |
|
a) |
Personal Accident Insurance Plan (03-05-01, December 1988) |
|
b) |
Remembrance Day (02-02-01, p.5, May 1981) |
|
c) |
World Class Sports Events (02-03-13, May 1979) |
|
d) |
Educational Leave (02-03-02, October 1982) |
|
e) |
Annual Training - Reserve Forces (02-03-10, August 1991) |
|
f) |
Report and Recommendations of Total Compensation Team (October 1992) |
|
g) |
Self-funded Sabbaticals (08-02-03, October 1987)
|
| 98 |
CODE OF CONDUCT |
Where NSS develops a Code of Conduct, it shall make reasonable efforts to apprise The Society and employees of the contents thereof prior to implementing the same.
|
| 99 |
LETTERS OF UNDERSTANDING & MID-TERM AGREEMENTS |
| 99.1 |
Letters of Understanding and Mid-Term Agreements will form part of this Collective Agreement. Letters of Understanding are found in Part XVI. Mid-Term Agreements are found in Part XVII. |
| 99.2 |
Letter of Understanding |
|
99.2.1 |
Intent |
|
|
A Letter of Understanding may serve the following purposes:
- amend or add to the current provisions of the Agreement;
- elaborate/clarify the intentions of a provision of the Collective Agreement;
- establish provisions for issues not covered by the Agreement.
|
|
99.2.2 |
Grievance/Arbitration |
|
|
Letters of Understanding are subject to the same grievance and arbitration provisions as are other items in the Collective Agreement. |
|
99.2.3 |
Approval |
|
|
Letters of Understanding must bear the signatures of both the Co-Chairs of the JSMC or their designates. |
|
99.2.4 |
Duration |
|
|
The parties agree that, for the most part, Letters of Understanding should contain "sunset clauses". In those cases where such a clause has not been put into a Letter of Understanding, The Society and NSS will at some time during Collective Agreement negotiations determine the status of each such Letter of Understanding (e.g., incorporate in to the Collective Agreement, delete it, extend it, etc.). |
| 99.3 |
Mid-Term Agreements |
|
Article 7 sets out the principles, grievance/arbitration status, approvals and duration of Mid-Term Agreements. Items which are not subject to Mid-Term Agreements at the Business Unit level may be referred by the Business Unit to the JSMC. Any Agreements approved by the JSMC through this process will be set out in a Letter of Understanding. |
| 99.4 |
Note to Letters of Understanding and Mid-Term Agreements |
|
NSS and The Society have not amended all Letters of Understanding or Mid-Term Agreements to reflect the separate Collective Agreement status of NSS. It is agreed, however, that the commitments, terms and conditions in these Letters of Understanding and Mid-Term Agreements will be binding on NSS in the same manner as they were applied to Ontario Power Generation Inc., to the extent that they are applicable to NSS.
|
| 101 |
NOTE TO PART XV - APPENDICES |
| NSS and The Society have not amended all the Appendices in Part XV to reflect the separate Collective Agreement status of NSS. In particular, the Appendices dealing with the Voluntary Recognition Agreement and subsequent amendments are historic documents and, therefore, references to "Ontario Hydro" and to "ontario Power Genewration Inc." have been maintained. It is agreed, however, that the commitments, terms and conditions in these Appendices shall apply to NSS in the same manner as they were applied to Ontario Hydro or to Ontario Power Generation Inc., to the extent that they are applicable to NSS. |
