Part XV: Appendices

APPENDIX I - RE: UTILIZATION AND ADVANCEMENT OF PROFESSIONAL ENGINEERS AND SCIENTISTS

Ontario Hydro and The Society agree the following principles will govern the utilization and advancement of professional engineers and scientists in Ontario Hydro.

1.0

The terms "professional engineers" and "scientists" shall include the employees' categories identified in Attachment A.

2.0

The MP2/FMP12 level of work shall normally be considered as a developmental stage for professional engineers and scientists performing engineering or scientific work.

3.0

The MP4/FMP14 level of work shall be considered as the "normal expectancy" level for fully qualified and competent engineers, or scientists in Ontario Hydro. MP3/FMP13 may continue to be a "journeyperson" level for engineers and scientists in some areas of activity.

4.0

Every effort should be made to provide professional engineers and scientists with an opportunity for advancement to MP4/FMP14, when they are capable of performing work at this level and such work is available.

5.0

Where an individual has demonstrated the willingness and capability to advance, and where advancement is impeded by lack of opportunity in the work area, every effort should be made to assist the individual in career advancement. This could include specific action steps such as training, job transfers, and rotations which will provide greater promotional opportunity.

6.0

Greater emphasis is required on the screening of professional staff at an early stage in their careers for both their potential capability to perform work at the MP4/FMP14 level and their suitability for further employment in Ontario Hydro.

(signed by W.G. Morison for Management and F.R. Greenholtz for The Society, February 27, 1984)

ATTACHMENT A

UTILIZATION AND ADVANCEMENT OF PROFESSIONAL ENGINEERS AND SCIENTISTS

Professional Engineers

Incumbents of jobs with 600000 or 860000 occupation codes who are:

Licensed to practice engineering by the Association of Professional Engineers of Ontario (APEO)

University graduates in one of the following engineering disciplines:

Aeronautical Engineering (Aero Space, etc.)	Engineering General
Agricultural Engineering	Engineering Science (Physics)
Chemical Engineering	Geological Engineering
Civil Engineering	Mechanical Engineering
Electrical Engineering	Mining Engineering
Electrical Engineering	Metallurgy & Material Science
Electronics Engineering	Nuclear Engineering
Engineering Business (Industrial)	Water Resources Engineering

Scientists

Incumbents of jobs with 600000 or 860000 occupation codes who are university graduates in one of the Natural Sciences, the Applied Sciences, Mathematics or Computer Science and who are not classified as professional engineers.

APPENDIX II - RE: INPUT TO ASSOCIATION OF PROFESSIONAL ENGINEERS OF THE PROVINCE OF ONTARIO (APEO) SALARY SURVEY

It is agreed that the method of input to the APEO Salary Survey of Employers and the analysis and use of the survey shall be in accordance with the following.

1.0

Data Input

1.1

The salary rates input to the survey shall be the rates paid for normally scheduled hours of work.

1.2

Such salaries shall be input for all Ontario Hydro engineers at Bachelor and/or post-graduate levels in engineering disciplines, who are engaged in engineering or scientific work (incumbents of M&P 600000 series jobs and of FM&P 860000 series jobs, who are represented by The Society), including engineering trainees who are registered (or eligible for registration) by the APEO.

2.0

Method of Input

2.1

Level A

Engineers whose Bachelor graduation occurred during the current or two previous calendar years, who are not incumbents of jobs classified as MP4 and FMP14 or higher.

2.2

Level B

Engineers whose Bachelor graduation occurred during the third, fourth or fifth calendar year prior to the current year, who are not incumbents of jobs classified as MP4 or FMP14 or higher.

ii)

Engineers in jobs classified as MP1 and FMP11 who have sufficient years of experience to exempt them from eligibility for input to Level A.

2.3

Level C

Engineers in jobs classified as MP2, MP3, FMP12 or FMP13 who have sufficient years of experience to exempt them from the requirement to be input to Levels A or B.

2.4

Level D

Engineers in jobs classified as MP4, MP5, FMP14, FMP15.

2.5

Level E

Engineers in jobs classified as MP6, FMP16.

3.0

Annual Relative Standing

Ontario Hydro data will be excluded from the APEO survey data when making comparisons of Ontario Hydro's position relative to the community.

(signed by J.R. O'Connor for Management and B.A. Green for The Society, November 29, 1984 - revised in 1992/1994 Collective Agreement)

APPENDIX III - DEFAULT UNITS OF APPLICATION

(Adams Decision - September 16, 1997)

With respect to the default units of application issue, the parties agree to the following:

On September 16, 1997, default units of application include Nuclear (as per BU Mid-Term MT-1) and Fossil (as per BU Mid-Term MT-13).

On September 16, 1997, default units of application also include Hydroelectric; Technical Services and New Product Development; Commercial Analysis and Venture Development plus International and Industry Relations plus CBD Finance and Administration.

The default unit of application for all other Society-represented employees shall be an updated equivalent balance of s.64.6.1.2 factors as previously expressed by business units existing under the 1995-96 Collective Agreement.

All other disputes regarding default units of application will be governed by Article 64.6.1. For the duration of the Collective Agreement, any disputes arising with respect to updating default unit of application shall be dealt with by the JSMC.

Where no decision of the JSMC is reached, within 10 working days of the JSMC's consideration of the matter, the parties shall exchange written briefs.

The matter will be determined prior to the mix and match by a designated, mutually agreed arbitrator within 10 working days after the briefs have been exchanged.

The arbitrator shall hear the matter in the most expeditious manner possible, and shall only hear oral evidence where he/she determines that it cannot be determined on the basis of the written briefs and oral submissions.

The arbitrator shall issue an award within 5 working days of the hearing, setting out the default unit of application.

The arbitrator has all the powers under the applicable Labour Relations Act.

The JRPT shall continue to function and develop other elements of its first report pending determination of the default unit of application through this process, and the outcome of this process does not preclude the JRPT from achieving consensus on a unit of application notwithstanding the arbitrator's award.

This Agreement does not prejudice or waive any grievance rights under Article 64.1.2, but the arbitrator's award on the default unit of application cannot be grieved.

This Agreement shall operate for the duration of the 1997/98 Collective Agreement.

APPENDIX IV - APPLICATION OF THE PURCHASED SERVICES AGREEMENT TO AECL

Preamble

As a part of the approval process of the Purchased Services Agreement (PSA), the parties agreed to develop a Framework Agreement which would recognize the special status of the relationship between OHN and AECL and govern the day-to-day transactions between the two companies.

Scope

This Framework Agreement for applying the PSA to OHN's relationship with AECL applies only to those purchased services which are not funded through the CANDU Owners' Group (COG) Agreement.

Intent

This Agreement describes a decision-making process where only certain decisions regarding the purchase of services by OHN from AECL are subject to the full transactional application of the PSA. Those decisions which are not subject to a full transactional application of the PSA are subject to the periodic review process described in Section 6.

Definition

Work: means a work package which is a clearly defined scope of services that requires the formal approval of OHN prior to proceeding.

Decision-Making Process

5.1

The decision-making process described in this section is also presented in diagram form (diagram included as a part of this Agreement). Should there be inconsistencies between the written and diagrammatic descriptions of the decision-making process, the written description will take precedence.

5.2

The process begins with OHN proposing that services be purchased from AECL or a Centre of Excellence [i.e., Reactor Engineering Services Department (RESD) or the Centre for Heat Exchanger Engineering Sciences and Technology (CHEEST)].

5.3

If the work is to be assigned to a Centre of Excellence (i.e., RESD or CHEEST), then the PSA will not be applied [see also Section 6.4(e)]. The Centre of Excellence would not be permitted to subcontract more than 30 percent of the labour component of the work.

5.4

If the answer to one or more of the following questions is in the affirmative, OHN Management may proceed to issue a contract to AECL:

Is the work emergency work? Emergency situations will be as identified by the OHN manager with the appropriate decision-making authority. The review of such decisions will form a part of the scope of the periodic review process (see Section 6).

Is there a regulatory requirement (e.g., from the Ministry of Consumer and Commercial Relations or the Atomic Energy Control Board) that the work must be performed by AECL?

Has the PSA already been applied to the work?

5.5

If work is not assigned to a Centre of Excellence (per 5.3) and all of the questions in Section 5.4 are answered in the negative, but the answer to one or more of the following questions is in the affirmative, the PSA will be fully applied to the work on a transactional basis:

Are there surplus Society-represented employees with the requisite skill sets in OHN?

Does the labour component of the proposed work exceed 1,500 person hours?

Does the duration of the proposed work exceed twelve (12) months?

Does a sub-contract(s) need 30 percent of the total person hours of the work?

If none of the questions in 5.5 a) - d) is answered affirmatively, then OHN Management may proceed to issue a contract to AECL.

Periodic Review

6.1

The parties agree to establish an AECL Purchased Services Review Team (Review Team) within ten (10) working days of this Agreement coming into effect.

6.2

The Review Team will be composed of three Management representatives and three Society representatives to be appointed by the parties through the Joint Society Management Committee (JSMC).

6.3

The Review Team initially will meet quarterly, but may change the frequency of its meetings by mutual agreement of the team members. With reasonable notice, the JSMC may also convene meetings of the Review Team.

6.4

The Review Team will be responsible for reviewing all transactions between AECL and OHNwhich have taken place since the last meeting of the team to confirm that the intent of this Agreement continues to be met. All the documentation necessary to facilitate this review will be collected and made available to the Review Team. The review specifically will include:

the extent to which the criteria (see 5.3, 5.4 and 5.5) in the decision-making process are being met;

whether the criteria (see 5.3, 5.4, and 5.5) in the decision-making process continue to be the appropriate ones based on experience;

the extent to which contracts which were issued to AECL were specific to AECL's nuclear capabilities;

an assessment of any work placed by emergency decision [per section 5.4 a)] or mandated by regulators [per Section 5.4 b)];

any changes to the Terms of Reference of existing Centres of Excellence (i.e., CHEEST or RESD) or any request that a new Centre of Excellence be added to Section 5.3;

an assessment of whether there has been any misuse of the decision-making process;

an assessment of the overall effectiveness of this Agreement and its decision-making process.

6.5

The Review Team will make any recommendations it may have for changes to this Agreement to the JSMC. Any such recommendations will be arrived at by consensus. If consensus cannot be reached, the team will report the divergent views of the members of the team to the JSMC.

Grievability/Arbitrability

The lack of application of this Framework Agreement in a given situation is subject to the grievance/arbitration process.

Effective Date

This Framework Agreement takes effect on the date of signing by the representatives of the parties.

(signed by Chris Cragg for The Society and Brian Story for Ontario Hydro, December 20, 1994)

AECL PURCHASED SERVICES MODEL

APPENDIX VI - PROJECT CREW ARRANGEMENTS

The following are the provisions in establishing the implementation of Project Crews.

Employees on Project Crews are considered to be regular employees with all the terms and conditions and benefits as per the collective agreement, except as noted in these provisions.

Employees on the Project Crew will be entitled to the same number of yearly hours as a regular employee and be paid for those hours at straight time on the same basis as a non-Project Crew employee.

Each employee on the Project Crew may have a different number of hours available to work, due to the application of vacation rights, floating holidays, and statutory holidays.

Employees may be required to work days or shift work on 8/10/12 hour schedules up to 60 hours per week and a minimum of 40 hours per week.

Shift differential and payment for scheduled work on weekends and statutory holidays will be paid out on an as worked basis.

Management will establish the amount of overtime required in the year. E.g. 50 hours, 100 hours, 150 hours, etc. 30 percent of this overtime will be at 1.5 times and 70 percent at 2 times. This overtime will be paid out in equal installments in each pay-cheque. In addition this clause will be considered to have met the commitments identified in Article 57.5.

Any overtime above that required in 6 above will be paid at the appropriate premium rate.

Management will post the schedule September 1 for the following year showing when the majority of the work will be required (i.e. peak work to meet project schedules). Employees will be given 7 days notice if the project schedules are adjusted to meet system demands. The adjustment can be no more than 14 days in either direction. Failure to give notice would result in appropriate penalty payments.

Employees will be entitled to establish blocks of time, up to vacation allowance, when they will be unavailable for work assignment(s), this time off cannot conflict with the likely periods required for them to work.

10.

Management will post (locally) September 30 for positions in the projects in the following year. Where possible, selections will be on a voluntary senior qualified basis. Should there be insufficient volunteers, management will first post-rotational opportunities and then, after consultation with The Society, force the junior qualified employee.

APPENDIX VII - RE: OUTLINE OF NEGOTIATING PROCESS FOR COLLECTIVE AGREEMENT

The parties agreed to make their best efforts to adhere to the following schedule for negotiating amendments to the Collective Agreement. Failure to adhere to this schedule shall not jeopardize the bargaining rights of either party. Dates refer to the calendar year in which Collective Agreement expires.

The JSMC will meet prior to January 31, of the last year of the agreement to prepare a detailed work plan for negotiating the outstanding tasks set out in the Agreement (Articles 94, 97, etc.). The work plan will include a schedule of priority items, target dates, primary responsibilities, and resources.

By June 1, the parties will:

select their representatives for the main negotiating committee;

determine the schedule for main committee negotiating meetings;

select a mediator-arbitrator and determine the dates for mediation-arbitration;

receive progress reports on items under (1) above.

By August 1, the parties will:

identify those issues which will be referred to sub-committees;

establish the terms of reference for the sub-committees and the target dates these sub-committees are to submit their final reports/recommendations to the main committee;

select their representatives on the sub-committees. The parties shall each appoint at least one representative from their main negotiating committee to serve on these sub-committees.

Sub-committees will begin meeting no later than September 1 and submit progress reports by October 15 and a final report no later than October 31 (unless specifically provided with a time extension by the JSMC).

Main committee negotiations will begin no later than October 15.

Main committee negotiations will conclude no later than December 1.

Mediation meetings with the mediator-arbitrator, if necessary, will conclude no later than December 15, unless further meetings are required to address issues which arise in the course of drafting contract language or if a tentative settlement fails ratification.

If necessary, an Arbitration Hearing will be conducted prior to January 31, in the year after the agreement expires.

APPENDIX VIII - RE: AMENDMENT TO THE VOLUNTARY RECOGNITION AGREEMENT (VRA)

In light of major changes that have occurred since the Voluntary Recognition Agreement (VRA) came into effect on January 14, 1992, including significant Corporate restructuring, the parties' agreement to conduct a joint internal relativity project, and the need to clarify The Society's historical jurisdiction, The Society and Ontario Hydro agree to replace Sections 1.0 and 2.0 of the VRA with Article 2 of their Collective Agreement as amended by the Framework Agreement dated October 4, 1994.

The parties further confirm that the terms of the VRA as amended in the Collective Agreement remain applicable in all respects, including the agreed upon dispute resolution processes, to all provincially and federally regulated employees, subject only to previously agreed amendments and this amendment.

(signed by B.R. Story and C.B. Cragg - October 4, 1994)

APPENDIX IX - RE: ARTICLE 2 - RECOGNITION CLAUSE

Ontario Hydro and The Society confirm the following understanding with respect to their agreement to amend Article 2 ("Recognition Clause') of their Collective Agreement:

The parties agree that the Voluntary Recognition Agreement (Attachment A), subsequent amendments to the VRA and correspondence between the parties concerning jurisdictional matters will be admissible in the event of any future interpretation disputes concerning The Society's recognition clause.

The parties agree that the intent of these amendments is to clarify The Society's historic jurisdiction as the exclusive bargaining representative for the broad mix of professional and supervisory employees that comprise the M&P/FM&P and TMS/TS/OSS/SEI salary classifications on salary schedules 01, 02, 03, 04, 05, 06, 07, 08, 09, 13 and 18 except where such persons are performing managerial functions or are employed in a confidential capacity. As such, these amendments constitute a reconfirmation by Ontario Hydro of the commitments made by D.B. MacCarthy regarding The Society's jurisdiction in his April 18, 1994 letter to P.T. Suchanek, Registrar of the Canadian Labour Relations Board.

The Society acknowledges that Ontario Hydro has consented to the deletion of the following subparagraphs from the bargaining unit description on the basis of the assurance of The Society contained in paragraph 4 below:

those persons included on the Executive Salary Roll and above;
employees whose full-time duties are security work;
employees in the Executive Office;
employees in the Office of the General Counsel and Secretary including the Law Division except Corporate Official Records Analysts, Corporate Archivists and Corporate Records Centre Supervisors.

The Society assures Ontario Hydro that this Agreement, to delete the sub-paragraphs contained in paragraph 3 above, does not extend the previously agreed upon jurisdiction of The Society, except upon consent of the parties, beyond that jurisdiction identified in the Voluntary Recognition Agreement. However, should jurisdictional claims be made by any other bargaining agent for the classifications referred to in paragraph 3 above, The Society may assert a parallel or related claim.

The parties acknowledge that there are thirteen jurisdictional grievances filed by The Society pending resolution (listed in Addendum A) and that these amendments are not intended to prejudice the outcome of these disputes.

The parties acknowledge that the definition "associated employees" in Subsection 2.3.2 includes, but is not limited to, positions listed in Addendum B, and other similar positions created in the future.

(signed by B.R. Story and C.B. Cragg - October 4, 1994)

ADDENDUM A

The following jurisdictional grievances have been filed by The Society and are pending resolution, as of September 30, 1994.

Mechanical Maintenance TMS (OHN, filed September 15, 1993).

Supervising Electrical Inspector (Retail, filed September 20,1993).

TMS Forestry (Retail, field November 2, 1993).

NESD Shift Site TMS (OHN, filed November 12, 1993).

Bruce A Civil Maintenance (OHN, filed November 18, 1993).

Shift Superintendent B/Shift Site Supervisor (Fossil, filed December 16, 1993).

SMS Outage Co-ordinator (OHN, filed December 16, 1993).

Computer Shift Supervisor (Business Services, filed December 16, 1993).

Mechanical Maintenance Training Co-ordinator (OHN, filed January 12, 1994).

10.

Senior District Clerk (Grid, filed March 1, 1994).

11.

Senior Clerk (OHN, filed March 1, 1994).

12.

NWESD Mechanical Maintenance TMS (OHN, filed April 22, 1994).

13.

DNGS Service Maintenance TMS (OHN, filed August 3, 1994).

ADDENDUM B

Occupation Code	Job Title	Salary Schedule	Salary Grade
748042	Vault Officer	01	01
748836	Recruitment and Training Officer	01	01
739055	Organization and Systems Analyst	01	01
748105	Recruitment and Training Officer	01	01
752215	International Project Administrator	01	01
741051	Co-ordinator - Area Office Practices	01	02
719010	LAN Administrator	01	02
741050	Co-ordinator - Customer Service Practices	01	02
748252	Assistant Training Officer	01	02
734075	Business Systems Analyst	01	02
753063	Trade Development Officer	01	02
741845	Transportation Field Co-ordinator	01	02
753847	Material Systems Officer	01	02
734080	Information Systems Support Analyst	01	02
739008	Regional Office LAN Administrator	01	02
623013	Materials and Procurement Services Officer	01	02
730844	Facilities and Services Analyst	01	02
759090	Team Leader - Transportation Planning	01	02
753860	Administrative Services Officer	01	02
752046	Business Planning Co-ordinator	01	02
729051	Transportation of Dangerous Goods Specialist	01	02
719009	LAN Administrator	01	02
734078	Information Systems Specialist	01	02
734079	Office Systems Analyst	01	02
748867	Business Systems and Training Officer	01	02
748850	Emergency Preparedness Officer	01	02
741817	Service Co-ordinator - Kipling Complex	01	03
741072	Co-ordinator - Lines Work Methods	01	03
729056	Building Maintenance Officer	01	03
748865	Field Training Officer	01	03
753403	Senior Employment Officer - Nuclear Operations	01	03
710007	Digital Mapping Co-ordinator	01	03
759026	Training Officer	01	03
741828	Operating & Maintenance Projects Co-ordinator	01	03
741827	Service Co-ordinator	01	03
729043	Building & Facilities Disposal Officer	01	04
741841	Production Co-ordinator	01	04
729014	Maintenance Specialist - Mechanical	01	04

ATTACHMENT A

VOLUNTARY RECOGNITION AGREEMENT

This Agreement including the accompanying Framework Agreement, included as Schedule A, resolves all issues raised during proceedings at the Ontario Labour Relations Board, regarding The Society's Applications for Certification (dated November 5,1986 and October 2, 1990) or otherwise arising as to the status of the Master Agreement as a Collective Agreement before such Board or the Courts. This Voluntary Recognition Agreement is entered pursuant to the Ontario Labour Relations Act and is acknowledged to be enforceable pursuant to that Act. The parties agree that the Memorandum of Agreement, June 19, 1991, known as the Letter of Understanding, is no longer in force or effect.

1.0

Recognition Clause

Pursuant to section 16(3) of the Ontario Labour Relations Act, Ontario Hydro agrees to recognize The Society as the exclusive bargaining agent for the "employees" defined as follows:

"All employees employed by Ontario Hydro in the Province of Ontario as supervisors, professional engineers, engineers-in-training, scientists, professional, administrative and associated employees save and except:

those persons included on the Executive Salary Roll and above;

employees in bargaining units for which any trade union holds bargaining rights as of the signing of this Agreement;

those persons who perform managerial functions as distinct from supervisory functions. An employee is performing managerial functions if:

she/he performs managerial functions such as hiring, promotion, performance increase, discharge, etc. over other employees in the bargaining unit and;

she/he is required to spend the majority of his/her time performing managerial duties and;

she/he supervises at least seven (7) employees (directly or indirectly) on a regular and continuous basis.

ii)

she/he supervises employees who are excluded from The Society under (c) (i), (d), (e) or (f);

employees who are primarily employed in a confidential capacity affecting the terms and conditions of employment for Ontario Hydro staff;

employees whose full-time duties are security work;

employees who are members of a profession entitled to practice in Ontario and who are employed in a professional capacity where the Ontario Labour Relations Act excludes such persons from coming under the Act by virtue of their profession.'

2.0

Clarity Notes

For the purposes of clarity, the bargaining unit set out above:

2.1

Includes:

All regular, probationary, part-time and temporary employees whose functions are included in the classifications paid from Salary Schedules 01, 02, 04, 05, 07, 08, 09, and 18; and

All employees paid from Salary Schedule 13 (Nurses), Salary Schedule 03 (System Control Operators) and Salary Schedule 06 (Helicopter Operator Supervisors), except employees excluded by virtue of 1.0 of this Agreement, will be entitled to vote to determine if they wish to be represented by The Society. If the majority of eligible employees voting on any schedule vote in favour of being represented by The Society, eligible employees on that schedule will be represented by The Society. The vote will be conducted by The Society and Ontario Hydro by secret ballot.

2.2

Excludes employees in accordance with 1.0 (c) above as follows:

M&P (Schedule 01) - in salary classification MP4 (or higher) rated by the Plan A Point System of Job Evaluation January 1988 ("Plan A'), or its equivalent, carrying "Nature of Supervision" Degree 4 (or higher) or its equivalent and "Numbers Supervised" Degree 3 (or higher) or its equivalent who normally supervise other Society represented employees.

FM&P (Schedule 02) - who normally supervise other FM&P employees and who normally supervise at least seven (7) employees directly or indirectly.

TMS and TS (Schedules 08 and 07) - who normally supervise other TMS or TS positions and who normally supervise at least seven (7) employees directly or indirectly.

OSS (Schedule 05) - who normally supervise other OSS positions and who normally supervise at least seven (7) employees directly or indirectly.

Supervising Electrical Inspectors (Schedule 09) - who normally supervise other SEI positions and who normally supervise at least seven (7) employees directly or indirectly.

Area Managers.

2.3

Excludes employees in accordance with 1.0 (d) above as follows:

Employees paid from Salary Schedule 01 rated under Plan A as having "Staff Responsibility" Degree 4 (or higher) or its equivalent and MP6 employees as having "Staff Responsibility" Degree 3 (or higher) or its equivalent.

Employees in the Executive Office.

Employees in the Office of the General Counsel and Secretary including the Law Division except Corporate Official Records Analysts.

Positions currently listed in Agreement RS-1 dated October 11, 1990.

Human Resource trainee positions on Schedule 04.

3.0

The grievance and arbitration procedure may be used to challenge any unreasonable, arbitrary or bad faith action taken by Ontario Hydro which results in the exclusion of any employee or position from the bargaining unit.

4.0

Arbitration

4.1

Future contract negotiations disputes shall be resolved by binding arbitration in accordance with Section 38 of the Ontario Labour Relations Act and the negotiating process for resolving such disputes shall be set out in full in the Collective Agreement.

The dispute resolution process shall be mediation-arbitration using the same individual as both the mediator and arbitrator.

The mediator-arbitrator shall consider the following issues as relevant to the determination of the award on monetary issues:

a balanced assessment of internal relativities, general economic conditions, external relativities;

Ontario Hydro's need to retain, motivate and recruit qualified staff;

the cost of changes and their impact on total compensation;

the financial soundness of Ontario Hydro and its ability to pay.

A mediator-arbitrator shall have the power to settle or decide such matters as are referred to mediation-arbitration in any way he/she deems fair and reasonable based on the evidence presented by representatives of Ontario Hydro or The Society in light of the criteria in items (a) to (d) and his/her decision shall be final and binding.

4.2

The parties will hereby undertake to develop appropriate internal comparisons, an external community for comparison and criteria for measuring total compensation by no later than September 1, 1992 and failing such agreement either party may refer the outstanding differences to an arbitrator for a final and binding decision. This undertaking and its referral to arbitration shall be enforceable under the Arbitrations Act.

5.0

No Strike/No Lockout

The Collective Agreement will recognize that The Society, employees within the scope of the bargaining unit, and the Corporation are pledged to the effective and efficient operation of Ontario Hydro and that they pledge themselves, individually and collectively, to refrain from taking part in strikes, lockouts or sympathy strikes and other interference with work or production as long as the terms and conditions in section 4.0 continue.

6.0

Supervisory Employees

For the purposes of section 9.0, the parties agree that Supervisory positions are those that are not excluded under section 1.0 above and that satisfy the following criteria:

Employees on Salary Schedule 01 who have under Plan A "Nature of Supervision" Degree 3 (or higher) or its equivalent;

Employees on Schedules 07, 08, 02, 05 and 09 on condition they normally supervise other employees.

7.0

Enforcement

The primary method of enforcement of this Agreement shall be pursuant to the grievance and arbitration provision of the parties' Collective Agreement. However, should the Collective Agreement not be in operation or applicable to the dispute, either party shall have the right to refer to final and binding arbitration any differences between the parties arising from the interpretation, application, administration or alleged violation of this Voluntary Recognition Agreement, including any question as to whether a matter is arbitrable.

The arbitrator shall have all of the powers of an arbitrator pursuant to section 44 of the Ontario Labour Relations Act or the Arbitrations Act as the case may be.

Subject to the conditions of this Agreement, if a mediator or arbitrator is not appointed within 30 days of a matter being referred to mediation and/or arbitration, either The Society or Ontario Hydro shall have the right to refer the matter to the Minister of Labour or the Chief Justice of the Ontario Court of Justice and the Minister or Chief Justice shall appoint a mediator and/or arbitrator.

8.0

Selection of Mediators and Arbitrators

Mediators and arbitrators shall be selected from a list of mutually acceptable persons which are to be set out in the Collective Agreement and the costs of using them will be shared equally by Ontario Hydro and The Society.

9.0

Duration

The Agreement shall come into effect on the date of ratification and shall remain in effect thereafter except for section 4.0 and 5.0 which may be terminated by written notice by either party not less than six months prior to the expiry of the Collective Agreement in operation on January 1, 2001 or any subsequent Collective Agreement. In the event that The Society provides notice of termination of sections 4.0 and 5.0, Ontario Hydro may require that the supervisors defined in this Agreement form a separate bargaining unit for which The Society shall be recognized as the bargaining agent and for which there shall be a separate Collective Agreement. In addition, The Society shall continue to be recognized as the bargaining agent for non-supervisory staff defined in this Voluntary Recognition Agreement. Disputes on the identification of supervisors shall be submitted to a mutually-acceptable arbitrator for settlement. If the parties fail to agree to appoint an arbitrator, either party may refer the matter to the Minister of Labour or the Chief Justice who shall appoint an arbitrator. If Ontario Hydro provides notice of termination of sections 4.0 and 5.0, it shall continue to recognize The Society as representing all employees in one bargaining unit per this Voluntary Recognition Agreement and ensuing Collective Agreements.

In the event that either party desires to amend this Agreement on or after January 1, 2001, it must notify the other party in writing not less than six months prior to the expiry of the Collective Agreement in effect on January 1, 2001 or thereafter six months prior to the expiration of any subsequent Collective Agreement. In such circumstances the parties will have the right, if either party so chooses, to appoint a mutually-agreeable mediator for the purpose of reaching a settlement of the issues and where there is mutual agreement the mediator shall arbitrate outstanding matters in dispute.

Notwithstanding the above, the parties may mutually agree to amend this Agreement at any time.

10.0

Federal Jurisdiction

In the event that nuclear workers are found to be covered under the Canada Labour Code and The Society applies to represent these employees, Ontario Hydro will not oppose certification for any employee represented by The Society under this Agreement.

11.0

Ratification

The Society Executive recommends acceptance of this Agreement to its members and the Agreement shall become effective upon the date of ratification. Persons eligible to vote will include all employees who will be represented by The Society under this Voluntary Recognition Agreement. The vote will be conducted by secret ballot.

12.0

Effective upon the date of ratification or as soon as reasonably practical, Ontario Hydro undertakes to make available to those employees excluded under 1.0(c) and 1.0(d) an enhanced Redress Procedure for Management Function staff, which includes the right to representation of their choice, and as a final step in the process, to binding arbitration by an external third party acceptable to the employee and to Ontario Hydro.

13.0

Until the terms of a first Collective Agreement are reached, Ontario Hydro agrees to adhere to the terms and conditions of employment found in the existing Master Agreement, Subsidiary Agreements and Memoranda of Understanding with respect to the agreed upon bargaining unit. Applicable sections of the Manual of Human Resources Policies and Procedures will act as a supplement to the aforementioned joint documents.

14.0

Effective the first month following the date of ratification, Ontario Hydro shall deduct dues from each employee in the unit and remit this amount to The Society forthwith.

This Agreement was arrived at with the assistance of and under the auspices of George Adams as mediator.

[signed by C. Cragg for W. Hirst (Society) and W.S. O'Neill (Ontario Hydro), November 13, 1991.]

SCHEDULE A

MEMORANDUM OF UNDERSTANDING FOR A FRAMEWORK AGREEMENT

Ontario Hydro and The Society of Ontario Hydro Professional and Administrative Employees agree as part of the Voluntary Recognition Agreement to be found by the following principles and practices and agree that the negotiation and operation of all Collective Agreements ensuing from the Voluntary Recognition Agreement will be in accordance with this memorandum unless otherwise mutually agreed.

1.0

Society Interests vs. Corporate Interests

The object of this Agreement is to promote harmonious relations between employer and employees consistent with the preamble of the Ontario Labour Relations Act and in recognition of the need for the successful accomplishment of the public purposes for which Ontario Hydro has been established as set forth in the Power Corporation Act and enunciated in the Corporate Direction.

The objective of the parties is to facilitate the peaceful adjustment of salaries and benefits, working conditions, issues of fair treatment, all disputes and grievances, and to prevent inefficiencies and avoidable expenses and to reduce unnecessary delays.

Ontario Hydro's mission is to contribute to the enhancement of the quality of life of the people of Ontario by serving their energy needs. The Society's mission is to strive to ensure the best rewards, career opportunities and working conditions for its members. The Society recognizes a responsibility for providing an essential service to the people of Ontario and in working towards the continued viability and continuity of Ontario Hydro as the provincial electrical utility. Both parties recognize the fundamental importance of service to the Corporation's customers.

The parties recognize that situations may arise where their missions, objectives, or actions come into conflict. These conflicts may impact on the bargaining unit and particularly on supervisory employees represented by The Society. The parties agree that supervisors will be able to participate fully as members and perform supervisory responsibilities without fear of reprisal or recrimination by either party.

Provided nothing in this Framework Agreement is intended to interfere with the exercise of lawful economic sanctions by any member of the bargaining unit or bargaining units as the case may be or by The Society itself should either party to the Agreement elect to terminate sections 4.0 and 5.0 of the Voluntary Recognition Agreement.

2.0

Collective Agreement

The Collective Agreement between the parties will include sections 1.0, 2.0, 3.0, 4.0, 5.0, 6.0, 8.0 of the Voluntary Recognition Agreement, in addition to section 1.0 of Schedule A and the principles set out in sections 3.0 to 7.0 as noted below.

3.0

Supervisory Employees - Code of Ethics

Ontario Hydro agrees to include supervisory employees in the bargaining unit on the condition that the parties recognize that supervisory employees will continue to exercise key functions in the control and operation of Ontario Hydro. As members of Ontario Hydro's managerial staff, supervisors use judgment to express and make operative the decisions of Management. They are responsible for fostering a healthy work environment. The parties recognize the responsibility of supervisors to discharge their supervisory duties in good faith. The Society and Ontario Hydro will identify, minimize and/or avoid the conflicts/perceived conflicts of interest that may arise concerning the relationship between supervisors, The Society and Ontario Hydro.

It is recognized that supervisory employees may be disciplined for failure to act in good faith as a representative of Management and fulfilling their responsibilities including abuse of supervisory position and breach of trust.

3.1

Grievance Procedure

The Collective Agreement will have a grievance procedure which will recognize:

access by either party for disputes arising from the administration of the Collective Agreement and from the application of section 1.0. If such disputes proceed to arbitration, the arbitrator will consider the principles contained in section 1.0;
the role of supervisors in resolving disputes before they reach the formal procedure;
that The Society agrees not to discriminate against supervisors who represent Management in Society grievances;
that The Society will exclude supervisors directly involved in a particular grievance from the decisions on the referral of the grievance through the formal process;
that supervisors will not act on behalf of The Society in matters associated with a particular grievance where the grievance has been lodged by another member(s) who reports to the particular supervisor.

4.0

Representation on Corporate Committees

The Collective Agreement will 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 section 3.0, Management will endeavour to appoint its representatives having regard to The Society's interests in effective representation.

5.0

Selection of Supervisors

The Collective Agreement will incorporate the existing practices for selecting the "best qualified candidate" in filling supervisory positions.

6.0

Membership in The Society

The Society agrees to permit members to withdraw membership in The Society.

7.0

Dues Deduction (Rand Formula)

The Collective Agreement will provide for Society dues, as prescribed by the Constitution, or an equivalent amount, to be deducted monthly (or more frequently if agreed) by Ontario Hydro by compulsory payroll deductions from all Society-represented employees and to be forwarded to The Society on their behalf with a list of appropriate employee information.

The Society confirms it will respect the provision of section 47 of the Ontario Labour Relations Act with respect to bona fide religious convictions or beliefs.

(signed by C. Cragg for W. Hirst [Society] and W.S. O'Neill [Ontario Hydro], November 13, 1991)

APPENDIX X - RE: CONFLICT OF INTEREST - SECURITY STAFF

February 24, 1995

Mr. C. Cragg
President
The Society of Ontario Hydro
Professional and Administrative Employees
Suite 630, 525 University Avenue
Toronto, Ontario
M5G 2L3

Dear Chris:

Conflict of Interest - Security Staff

This will confirm the intent of the internal and external confidential review/resolution process in Article 2, Subsection 2.4. This process does not deny the parties access to the grievance/arbitration process but recognizes that conflict of interest situations may require an alternate forum for resolution. The issues that may give rise to a conflict of interest between the duties and responsibilities of the Security Staff and their membership in The Society may involve sensitive and confidential security matters that would not be appropriate to the usual grievance/arbitration process. The parties may desire to deal with these issues in camera or with the immediate involvement of other representatives who are not usual participants in the grievance/arbitration process. The employee is entitled to Society representation in this process and in the event that the process is not successful or results in discipline or other actions directly affecting any of the parties, all parties would maintain the right to pursue these actions through the grievance/arbitration process.

(signed by B.R. Story - February 24, 1995)

APPENDIX XI - RE: PEAK DEMAND HOUR ARRANGEMENTS

The following are definitions and guidelines for the implementation of peak demand hour arrangements.

Definitions

Normal Work Week: For purposes of this Article, a normal work week will mean the total of the standard hours normally worked during a pay period, outside of the peak work load periods.

Normal Hours: Normal hours worked outside of a peak work load period (as per Article 70).

Peak Work Load Period(s): One or more periods during the year in which the expected magnitude or nature of the work to be performed reasonably requires employees to work more than their normal work week, and/or hours different from their normal hours. Peak work load periods may be the result of a need to minimize equipment downtime, or other factors which are expected to occur every year.

Peak Demand Workers: Employees who are likely required to work more than their normal work week, and/or hours different from their normal hours during peak work load periods, and less than their normal work week during other periods of the year.

Intent

Peak demand workers may be required to work normal hours, or scheduled hours on a work and/or shift schedule which are different from their normal hours, and which, in total, may exceed their normal work week during peak work load periods. Scheduled hours worked in excess of the normal work week will be "banked" and taken as time off (consistent with the conditions outlined in this Appendix), during periods of the year when the work load may not require all of the normal hours available.

Work and/or shift schedules, and all other administrative matters regarding the hours of work for peak demand workers will be determined within the business unit, subject to the conditions contained in this Appendix.

The design of work and/or shift schedules and other hours of work arrangements will give consideration of the requirement to perform work in the most effective, efficient and safe manner.

The design of work and/or shift schedules and other hours of work arrangement will give consideration of the need to maintain good working relationships within the affected group and the relativity to other employees not covered by this Appendix.

Conditions

The peak work load periods will be declared prior to the start of the year for the entire year. The declared peak work load periods for the year will not be less than four weeks' cumulative duration (or normal conditions for the employee will apply). The declared peak work load periods will not exceed 26 weeks of the year cumulative duration. For purposes of this Appendix, the year may be any designated fiscal year which will not be changed for the work group once established.

Peak demand workers may be assigned to normal hours, work and/or shift schedules that average more than the normal work week during the declared peak work load periods. Other articles in this Collective Agreement regarding shift work, hours of work, and standard hours do not apply during declared peak work load periods, except:

Articles 59.3, 60.4, 61.2 and 61.3 regarding shift allowance for work schedules on weekends, and nights; and
special conditions for 12 hour shifts as per Article 61.6.

Management will strive to provide at least seven days' notice of an assignment to a work or shift schedule that requires work outside of normal hours during the declared peak work load periods. However, any hours worked outside of normal hours without at least three days' notice will not be considered scheduled work for purposes of this Appendix.

Work performed outside of scheduled hours is overtime and will be compensated at the appropriate overtime rate(s).

During the declared peak work load periods, an amount equal to the number of scheduled hours worked each week in excess of the normal work week will be "banked'. The banked time will be taken as time off at straight time during times of the year outside of the declared peak work load periods, subject to meeting work requirements. When possible, the time off will be scheduled by mutual agreement between the employee and Management. If work requirements have prevented an employee from taking his/her "banked" time off, the time remaining will be compensated as follows: for positive balances in the time bank remaining at the end of the year, the employee will receive payment at time and one-half for 50% of the hours and double-time for the balance.

An employee's base wages will be maintained throughout the year, regardless of the number of scheduled hours worked per week during the declared peak work load periods, or hours taken off at straight time from the time balance "bank" during other periods of the year.

The design of work and/or shift schedules used during the declared peak work load periods will be flexible to meet work requirements and consistent with the limitations of the appropriate legislation. Specific rules to be adopted for the design of work and/or shift schedules for peak demand workers may include:

The length of a scheduled shift or extended work day cannot exceed 12 hours.

No more than 48 hours of work may be scheduled (i.e., exclusive of overtime) in a week.

The start of a scheduled shift or work period must be at least 24 hours following the start of the previous scheduled shift or work period.

At least eight hours of time off will be provided between work periods including overtime.

Although the content, preparation, costing and administration of work and/or shift schedules is the sole responsibility of the Corporation, the preference of the majority of peak demand workers to be assigned in the affected work group will be considered in designing the work and/or shift schedule.

Every attempt will be made to assign employees from those in the appropriate work group, to a work and/or shift schedule under this Appendix, on a voluntary basis. However, in the absence of sufficient qualified volunteers, the Corporation may assign specific individuals to perform the work.

APPENDIX XII - GUIDELINES FOR APPLYING BURKETT OVERTIME AWARD

As a result of continuing questions concerning the Burkett overtime award, The Society and Ontario Hydro have agreed to issue these guidelines to assist local representatives in interpreting this award.

Employees found eligible for compensation under this award are entitled to receive compensation equivalent to PWU overtime premiums for all overtime worked, retroactive to January 1, 1993. This entitlement applies to all PWU overtime premiums, including double-time Saturdays, double-time for all work performed outside of their first four clock hours after normal quitting time Monday to Friday inclusive and minimum payments for emergency and scheduled overtime. It does not apply to travel time outside of normal scheduled hours.

To determine compensation eligibility under this award:

First, determine which employees are eligible to receive the PWU equivalent overtime premium. A list of eligible employees should be developed locally using the statement of intent in Part A and the employee eligibility guidelines set out in Part B. Local Society representatives should be involved in developing the list of eligible employees to minimize the possibility of disputes.

Second, decide whether an employee deemed eligible in step one will be compensated with PWU equivalent overtime premiums on an ongoing or on an assignment-by-assignment basis. This decision is Management's prerogative. If the decision is made to compensate on an assignment-by-assignment basis, the guidelines set out in the statement of intent in Part A and the guidelines in Parts C and D should be followed to determine when an eligible Society-represented employee qualifies to receive the applicable PWU equivalent overtime premium. Local Society representatives should be involved in the development of local adaptations of these guidelines to ensure fair and consistent employee treatment and to minimize disputes.

Part A - Intent of the Award

The intent of the award is to correct the internal "relativity rub" that arises when Society-represented staff are required to directly supervise or work beside PWU-represented employees performing overtime work in a field environment or facility while receiving less providential overtime provisions than these employees. It is not intended to address internal relativity problems other than those that specifically arise when members of both employee groups work overtime.

Part B - Conditions of Employee Eligibility

The following conditions must be satisfied before an employee is eligible to receive award compensation:

an employee must work in a field environment/facility (="field condition');

and

he/she must directly supervise or work beside PWU-represented employees (="interface condition').

To meet the "field condition', an employee must be "directly involved in the operations, maintenance or construction of production, transmission, or distribution facilities'.

"Head office" refer to non-production, non-transmission or non-distribution facilities and, as of January 1,1993, includes the following locations: 700 University, 393 University, Murray Street, College Park, Place Nouveau and the Atrium. When performing overtime work at these locations, employee do not meet the "field condition'. Local Society and Management representatives should assess whether or not employees, when performing overtime work at other locations, meet the "field condition" on a case-by-case basis, by examining the nature of the employee's work in light of the statement of intent in Part A and the guidelines contained in this section. In the event of disagreements, the matter should be referred to the JSMC.

Employees whose regular work headquarters are "field" locations (i.e., those not included under guideline #2 above) and who train PWU-represented staff meet the "field condition'. Employees who satisfy this condition include those who work at the Orangeville C&D Centre and the Nuclear and Thermal training centres.

Employees whose overtime work at their regular work headquarters does not meet the "field condition" (e.g., head office staff) shall be deemed to meet this condition for overtime work performed at "field" locations when they directly supervise or work beside employees involved in the operation, maintenance or construction of production, transmission or distribution facilities (e.g., research, telecommunications or information systems work performed at stations).

Employees "work beside" PWU-represented staff if they work at the same time as PWU-represented staff on the same projects/task assignments and this is a normal feature of their work and necessary to carry out their job responsibilities (e.g., P&C Engineers). To determine employee eligibility in this regard, the nature of The Society-represented employee's job responsibilities, rather than the frequency of his/her actual contact with PWU-represented staff, should be the primary consideration.

Part C - Conditions That Trigger Award Compensation

(Management has the discretion to compensate employees who are deemed eligible under Part B above with the equivalent to PWU overtime premiums on an ongoing or on an assignment-by-assignment basis. If Management chooses to compensate on an ongoing basis, the sole condition that must be satisfied for award compensation to trigger is the eligible employee's performance of overtime work. If Management chooses to compensate on an assignment-by-assignment basis, then the guidelines below apply. NB. An individual guidelines does not stand alone: all conditions set out in this Part must be satisfied before an eligible employee qualifies for award compensation.)

Both The Society-represented employee and the PWU-represented employee whom he/she supervises or works beside must be on overtime. Example: if a Society-represented employee who normally works days Monday to Friday works on a Saturday with a PWU-represented employee who is working on his/her normal scheduled shift (and does not work beyond the scheduled hours), The Society-represented employee does not qualify for award compensation.

Award compensation applies to the period of time when The Society-represented employee is "rubbed" by an unfavourable overtime premium differential. Example: if a Society-represented employee who normally works days Monday to Friday works on a Saturday from 7:00 a.m. to 3:00 p.m. with a PWU-represented shift employee (for whom the Saturday is a scheduled work day) whose shift ends at 7:00 a.m. but who continues to work (on overtime) until 3:00 p.m., The Society-represented employee qualifies for double-time from 11:00 a.m. until 3:00 p.m., i.e., when the PWU-represented employee received double-time for overtime work.

The presence of a Society-represented employee for the overtime in question must be necessary for the work to progress (i.e., if the employee was not there, then the task could not proceed). In most cases, this condition is met if the other conditions set out in the Part are also satisfied.

A direct supervisory or "working beside" interface must exist between Society-represented and PWU-represented employees during the overtime in question. The mere presence of a PWU-represented employee on overtime at the same location and at the same time as a Society-represented employee is working overtime does not trigger the award. Example: if a number of eligible Society-represented supervisors work overtime at the same time as PWU-represented employee works overtime, only the supervisor to whom the PWU-represented employee reports during the overtime in question qualifies for award compensation.

This, however, does not preclude another Society member who is not a supervisor but meets the "working beside" criteria from receiving this compensation.

Part D - Clarifications

Even if only one PWU-represented employee is on overtime for a particular assignment, and the other (PWU-represented) members of his/her crew or task group are not, assuming the other conditions are met, The Society-represented employee on overtime with him/her qualifies for award compensation.

Normal shift turnover work of less than 30 minutes does not qualify for coverage under this award, but rather is compensated in accordance with Article 62 ("Shift Turnover') in the Collective Agreement. Shift turnover work of 30 minutes of longer performed outside of normal working hours, however, as well as work other than shift turnover work an employee is required to perform prior to normal starting time are eligible for compensation under this award provided that: a) the employee directly supervises or works beside a PWU-represented employee; and b) both are on overtime; and c) an overtime premium rub exists.

(dated February 28, 1994)

APPENDIX XIII - CLARIFICATION NOTES FOR ARTICLE 74

Purpose of These Notes:

to clarify the contractual language in Article 74 to reflect the intent of the parties during negotiations
to permit clarifications to be understood for use during the contingency planning process.
these notes do not alter or amend Article 74 but should be added to the Article.

Clarifications:

Section 74.2

Should the parties, as outlined, be unable to come to joint agreement on whether work is essential, then a decision will be made by a jointly agreed to third party. This person may be internal or external to OPGI, and will make a decision within 6 hours of the dispute referral by either party. Decisions made by the third party will be binding for the purposes of work assignment. This decision may be subject to the grievance process at a later date.

The third party will be George Adams.

It was the intent of this Section that requests to employees to accept essential work assignments will contain as much information about the assignment as possible, such as work location, training schedules, etc. It is expected that Management will request work assignments as close to employee home locations as possible.

Section 74.2 and 74.4

Within these Sections, the assignment of work occurs when an employee accepts Management's request for an essential work assignment and any training, if required. All agreements and legislative conditions with respect to work refusal on the grounds of health and safety, etc., continue to apply under this Article.

Section 74.4

One possible situation under this Section may be when there are outstanding essential work assignments once the pool of available and qualified ESR and MF staff has been exhausted and Society-represented employees acceptances have been received. In this emergency situation, Management will assign essential work to Society-represented employees who either have or will obtain the appropriate skills and training. This clarification was necessary because both parties recognize the legal obligations of OPGI to ensure essential work is carried out. Management will also take into account personal circumstances before assigning work under this particular emergency situation. Normal Management rights apply to these work assignments.

Signed December 21, 1995:

Mario Germani
President
The Society

Eric Preston
Asst. Vice President
Labour Relations

APPENDIX XIV - SIDE LETTERS

December 3,1998

Mr. John Wilson, President
The Society of Ontario Hydro Professional
And Administrative Employees
525 University Avenue, Suite 630
Toronto, Ontario
M5G 2L3

Dear Mr. Wilson:

Allocation and Redeployment Issues

There are Society-represented staff who were jointly agreed to be in the recent Finance JRPT and who are either in Virtual Division or were or should have been identified as non-incumbent during the process. Management undertakes to confirm whether employees who were previously identified as non-incumbent (e.g. on "Attachment 2" in the JRPT list) are still non-incumbent, and will provide an opportunity for other Finance employees to self-identify for review. Management and Society representatives conducting The Society allocation process will conduct a review, but Management will make the final determination.

Where such employees are confirmed as non-incumbent they will be allocated as "unplaced" in accordance with the allocation process and will be allocated to a Manager in the Finance function in the successor company/bargaining unit and given meaningful work. These employees retain all rights under Article 64 within Ontario Hydro or the successor Company.

This letter has the status of an agreement under any applicable 1999 Collective Agreement and shall operate for the duration of 1999.

Yours truly,

Steve Strome
Vice President, Labour Relations
Corporate Human Resources

December 3, 1998

Mr. John Wilson, President
The Society of Ontario Hydro Professional
and Administrative Employees
525 University Avenue, Suite 630,
Toronto, Ontario
M5G 2L3

Dear John:

Side Letter Re Package Agreement on Grouping 5

This is to clarify the treatment under Article 37 of The Society Collective Agreement (Release of Society Representatives) when employees are released from their regular positions. These employees will retain the position they had subject to applicable provisions of the Collective Agreement. In addition, such employees are entitled to such reasonable training or reskilling to return to normal duties as is feasible.

In the event a Society representative is declared surplus, Society responsibilities will be factored in for the purposes of clause 64.7.1.2 (Interruption of Search/Notice Period).

Yours truly,

Steve Strome
Vice President, Labour Relations
Corporate Human Resources

December 4, 1998

Mr. John Wilson, President
The Society of Ontario Hydro Professional
and Administrative Employees
525 University Avenue, Suite 630
Toronto, Ontario
M5G 2L3

Dear Mr. Wilson:

This will confirm certain understandings reached during collective bargaining, concerning the Pension Plan:

The employees represented by The Society constitute a separate class within the Ontario Hydro Pension Plan;

The committee established as a result of the Memorandum of Settlement for the 1997-1998 Collective Agreement shall continue to have access to reasonable pension plan and pension fund information, which shall include reasonable information related to the allocation and transfer of pension funds from the Ontario Hydro Financial Corporation Pension Plan to a successor pension plan as contemplated by S. 100 of the Energy Competition Act. Prior to its publication, the committee will review any brochure, which provides a summary of the pension plan and any specific provisions and entitlements of The Society pension class;

In the event of a division of the Ontario Hydro Pension Plan into two or more successor pension plans, the provisions of this letter are applicable in respect of each successor pension plan.

The employer confirms it remains responsible in respect of all rights and. benefits under Article 50 of the Collective Agreement.

Yours truly,

Steve Strome
Vice President, Labour Relations
Corporate Human Resources

Memorandum of Settlement

December 4, 1998

Units of Application

For the purposes of the unit of application rules in clause 64.6.1.3 [i.e. 10%/20% adverse impact], the default Divisions and Business Units are as outlined below. In the event of change, during the term of the Agreement, paragraph 1c of the dispute resolution process set out in Appendix XIV-Default Units of Application [Adams decision of September 16, 1997] is amended such that the Business Units below represents the "updated equivalent balance" referred to:

Genco-Non-Nuclear

Division U of A Default

Business Unit Default

1	HR/H&S function.

HR/H&S function.

2.	Finance function.

Finance function.

3.	Procurement, purchase and material management function.

Procurement, purchase and material management function.

4.	Real Estate function.

Real Estate function.

5.	Fossil Plants

Electricity production.

6.	Hydroelectric Plants.

Electricity production.

7.	Electricity Production Head Office i.e. rest of EP other than plants, including FM&P*.

Electricity production.

8.	Sales and Marketing.

Merchant function.

9.	Resource Management.

Merchant function.

10.	Business Services.

Business Services.

11.	IT Strategy/Y2K.

Business Services.

12.	Business Development and Business Planning.

Business Development and Planning.

13.	Corporate units-those reporting to the CEO and COO such, Corporate and Environmental Affairs, Communications - to be put through the dispute resolution process set out in Appendix XIV.

* The FM&P LOU is not amended but it is acknowledged that the "corporate wide" at paragraph 5 refers to the new Companies: here Genco.

Nuclear
As per the NAOP Letter of Understanding, dated June 19, 1998 - paragraph 2b.

Research has its own U of A.

Servco

Division U of A Default

Business Unit Default

1.	Mtce, Const, Operations and Remotes including FM&P*.

Field Services.

2.	Commercial operations.

Field Services.

3.	HR/H&S function.

HR/H&S function.

4.	Finance function.

Finance function.

5.	Real Estate function.

Real Estate function.

6.	Procurement, purchasing and material management function.

Procurement, purchasing and material management function.

7.	Constitution and Future Growth.

Constitution and Future Growth.

8.	Logistics.

Wire Operations.

9.	Engineering.

Wire Operations.

10.

TNAM

Wire Operations.

11.

DNAM

Wire Operations.

12.	Customer Service.

Wire Operations.

13.	Retail Energy Services.

Retail Energy Services.

14.	New Business.

New Business.

15.	Chief Information Officer Group.

Chief Information Officer Group.

* This does not amend the FM&P LOU, but the parties undertake to review the balance of fairness and disruption of paragraph 5 of the FM&P LOU in Servco, with any disagreement referred to Appendix XIV.

IMO.
Electrical Safety Authority.

Letter from Brian Story to Jim Blair and Gary Knowles

The Society of Ontario Hydro Professional
and Administrative Employees
525 University Avenue, Suite 630
Toronto, Ontario
M5G 2L3

Re: Clarification of Article 37

This is to clarify our understanding about the application of Article 37 of The Society's Collective Agreement, Release of Society Representatives.

Management acknowledges that Society Unit Directors (UD) duties may require up to 100 percent paid release time, in recognition of normal UD work plus significant participation in joint and tripartite processes and other business related to Society-Management relations. If a Unit Director is not involved significantly in these kinds of activities and processes then the release time required would normally be 50%.

Unit Directors will keep local management apprised of their Society responsibilities and commitments in order to resolve release time issues, to the greatest extent possible, at the local level. Any disputes with respect to whether 50% or 100% release time is required will be resolved at the JSMC level.

Society Unit Directors will become signatories to the Partnership Agreement between OPG and The Society and Power Workers' Union to reinforce The Society's commitment to maintaining a constructive approach to resolving issues.

Brian Story
Vice President, Labour Relations
Corporate Human Resources

Jim Blair and Lanny Totton
The Society of Energy Professionals
525 University Avenue, Suite 630
Toronto, Ontario Hydro M5G 2L3

Re: Article 41 Pregnancy Leave Extension (Unpaid)

Dear Jim and Lanny,

In negotiations for the 2001-2003 OPG/Society collective agreement, it was agreed to revise the pregnancy and parental provisions. Subsequent to the Memorandum of Settlement, the Provincial government amended the Employment Standards Act to allow for a longer parental leave.

In drafting the language for Article 41 (Pregnancy/Parental Leave), the parties had to reconcile the existing agreement language with the new ESA provisions. It was agreed that the new ESA provision for 35 weeks of parental leave was a reasonable leave period and the 4-week unpaid parental leave extension provided under the 1999-2000 collective agreement could be subsumed in the entitlement. In the event that the ESA parental leave provisions are reduced below 35 weeks, OPG agrees to reinstate an extension in the same magnitude as the reduction for all categories in Article 41. The maximum reinstated extension will not exceed 4 weeks.

Yours truly,

Julie Mitchell - VP Labour Relations
Corporate Human Resources

APPENDIX XV

The president of NSS shall issue by the end of January 2004 a letter containing the content of the letter proposed by NSS in Appendix 1 of the "Employer's Final Offer" document, dated November 17,2003, which was filed by NSS with the arbitrator in the interest of this collective agreement .ACCEPT - PLACE KEVIN'S LETTER HERE)

Nuclear Safety Solutions Collective Agreement

Part XV: Appendices