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Part XVI: Letters of Understanding

#1 COMPENSATION AND WORKING CONDITIONS -ESSENTIAL DUTY ASSIGNMENTS
It is agreed that the following provisions will govern the compensation and working conditions applicable to Society-represented staff who are assigned essential service duties.
1.0 General Provisions
1.1 All policies and practices and terms of the Collective Agreement which normally apply to Society-represented staff will continue to apply during a strike/lock-out unless modified, replaced or set aside in accordance with this Agreement.
1.2 All employees, including employees not assigned to work of another bargaining unit, will continue to receive their normal pay rate, including performance standing, for their regular job.
1.3 For those employees who normally work shifts, all existing shift schedule arrangements, including time-balanced schedules, will be suspended from the date the work stoppage commences until the work stoppage ends. Compensation treatment will be equitable for all employees assigned to essential duties during the work stoppage.
1.4 All employees assigned to essential duties will be compensated based on a 35-hour work week. As a minimum, employees will continue to receive pay equivalent to their normal base earnings. For employees whose rate is normally based on a 37.5 hour or 40 hour week, a premium of 0.5 times the hourly rate will apply after 35 hours in a week until their normal hours of work (i.e., 37.5 or 40) is reached. Overtime beyond this will be compensated at the appropriate overtime rate.
A positive time balance will be paid at the termination of the essential service assignment and a negative time balance will be written off.
1.5 For situations involving the crossing of picket lines, refer to Article 77 of the Collective Agreement ("Crossing Picket Lines of Other Unions').
2.0 Compensation - General
2.1 Scheduled Work on Weekdays
2.1.1 Employees assigned to essential work will be compensated at straight time rates for the first seven (7) hours of work. The following seven (7) hours worked shall be compensated at time-and-one-half subject to treatment for employees normally working 37.5 or 40 hours a week as outlined in Section 1.4.
2.1.2 All hours worked in excess of fourteen (14) continuous hours shall be compensated at:
a) double-time; or
b) straight time plus an hour off for each hour worked in excess of fourteen (14) hours.
2.2 Scheduled Work on Saturdays, Sundays, and Statutory Holidays
2.2.1 All employees assigned to work shifts and scheduled to work on Saturdays and Sundays will receive straight time pay for the first seven hours worked as part of a normal scheduled work week.
2.2.2 All employees assigned to work shifts will receive straight time pay for the first seven hours worked on a statutory holiday as part of their normal scheduled work week. One hour off for each hour worked up to the statutory holiday credit (seven hours) will be given at a later date acceptable to the employee and Management.
2.2.3 The appropriate shift allowances as per Article 59 ("Shift Work [M&P, TMS, TS, OSS]') and Article 60 ("Shift Work [FM&P]') will be paid to all employees required to work shifts.
2.3 Overtime Worked on Saturdays, Sundays and Statutory Holidays
2.3.1 Employees shall be compensated at time-and-one-half for the first fourteen (14) hours worked on a Saturday.
2.3.2 Employees shall be compensated at double-time for the first fourteen (14) hours worked on a Sunday.
2.3.3 Employees shall be compensated at double-time for the first fourteen (14) hours worked on a statutory holiday. In addition, one hour off for each hour worked up to the statutory holiday credit (seven hours) will be given at a later date acceptable to the employee and Management.
2.3.4 All hours worked in excess of fourteen (14) hours on a Saturday, Sunday or statutory holiday will be compensated at:
a) double-time; or
b) straight time plus an hour off for each hour worked in excess of fourteen (14) hours.
2.4 Time Off in Lieu
Employees may choose to be compensated in money, paid time off, or a combination of both for overtime worked while assigned to essential work. Scheduling of time off will be subject to agreement of the regular supervisor following the end of the work stoppage.
3.0 Travel Time
All travel time except time spent in travel when called out for any emergency overtime, will be compensated at straight time. Travel time for emergency overtime will be considered as overtime.
4.0 Expenses
4.1 Reimbursement will be made for appropriate out-of-pocket expenses incurred as a result of undertaking assignments during a strike situation. As such employees should not profit from reimbursement of expenses. Appropriate expenses include, but are not limited to, travel, meals, accommodation, cancellation of vacations, increased child care, and damage or loss of private property.
4.2 Expenses incurred during a temporary assignment will be submitted to the temporary supervisor for approval.
5.0 Essential Work Rating Scale
5.1 The Essential Work Rating Scale set out in Attachment A forms part of this Letter of Understanding and will be updated by the Joint Society-Management Committee, prior to application.
(signed by Brian Story, Co-Chair for Ontario Hydro Management and Chris Cragg, Co-Chair for Society, dated June 27, 1994.)

ATTACHMENT A
Essential Work Rating Scale
(A) WORKING CONDITIONS
Employees who are assigned to essential work will automatically receive credit for this factor. It is assumed the individual will be subjected to pressures, demands or unfavourable/hazardous working conditions which deviate significantly from the norms of the regular position. Employees/supervisors whose work responsibility will increase significantly as a result of a work stoppage may be assigned to special duties by their respective line management.
Payment per Day: $30.00
(B) SHIFT ASSIGNMENT
Employees who are assigned to work a shift schedule will automatically receive credit for this factor for each day they work the shift schedule.
Payment per Day: $30.00
(C) SPECIFIC ALLOWANCES
The following allowances are to compensate for situations where employees are required to perform essential work under specific working conditions.
An employee can receive compensation for only one of the following allowances.
24- Hour Availability
An employee who is required or elects to remain at a designated place, other than home (e.g., motel) in readiness to proceed immediately to the work location on a 24-hour basis.
Hours worked by an employee are included in this 24-hour period.
Payment per Day: $46.00
OR
Remaining at Ontario HydroFacilities on 24-Hour Basis
An employee is required to remain/live at the work location for a 24-hour period.
Payment per Day: $120.00
On-Call Service
An employee is permitted to remain at home following his/her scheduled work but is required to be available to work outside normal working hours.
(Reference: Article 56 - "On-Call Service')
Note: Employees who are required to live at the work location on a continuing 24-hour basis and will be paid for only those hours worked plus the applicable allowances.

#4 RE: PRE-MIX AND MATCH SURPLUS DECLARATIONS
Intent
To provide a fair opportunity to retain employment for those employees who are at a substantial risk of being declared surplus within the Unit of Application of those JRPTs yet to conclude their mix and match.
Process
1.0 Employees who are a part of a Unit of Application that has not yet concluded its mix and match and who wish to apply for corporate vacancies may request that they be granted surplus status subject to the following:
1.1 Employees will submit their request to be accorded surplus status to their JRPT. The JRPT will only extend surplus status to those employees who are at real risk of being declared surplus or, subject to confirmation by the JROT, at real risk of not receiving a reasonable job offer. The JSMC will be advised of such employees.
1.2 Employees who are extended surplus status by their JRPT will be provided with a surplus letter as is described in the Employment Continuity provisions.
2.0 The search notice period of an employee who is extended surplus status will begin upon written receipt of his/her Declared Surplus letter.
3.0 This surplus status will be automatically removed when the employee is selected to or placed in an ongoing position. Surplus status will also be withdrawn, at the employee's request, if Management withdraws the vacancy notice in which the employee was seeking priority consideration. In such circumstances, the surplus status will be withdrawn from the date it was issued.
4.0 An employee who is provided with surplus status as described above will be entitled to the same rights as those employees who have been Declared Surplus as a result of a mix and match procedure. Such employees will also be entitled to fully participate in the mix and match process within their own Unit of Application.
5.0 JRPTs will have the responsibility to monitor and update a list of employees to whom they extended "at risk" surplus status.
6.0 This Letter of Understanding terminates on December 31, 2000.

J. Wilson
for The Society		 S. Strome
for OPGI-Nuclear

#5 RE: SOCIETY-MANAGEMENT GROUP/ESR BOUNDARY ISSUES
Intent
This LOU seeks to clarify employee rights during the operation of Article 64 related to positions at or near to the boundary between The Society and Management Function and provide an equitable means for employees to participate in competitions or a mix and match and follow their work where it has been transferred in or out of The Society's jurisdiction as a result of a reorganization. It is not intended to provide enhanced employment continuity rights in comparison to employees whose work has not changed jurisdiction.
The Problem
1. Position X is in the old organization and is in The Society. The duties change very little in the new organization but the change is sufficient to alter the jurisdiction of the position (e.g., the span of supervision and control is expanded and there will be more Society direct reports).
Under the current rules The Society-represented employees currently in position X will not be permitted to compete for the position in the new organization during a mix and match.
2. There is a converse of 1. Position Y is currently excluded from The Society (i.e., MF or ESR). In the new organization the position is substantially the same but the jurisdiction of the job will move to The Society's jurisdiction. Once again, the change is minimal (e.g., there is reduced supervision and fewer or no Society direct reports).
3. Position Z is being formed in the new organization. It appears that it will be excluded/included but there is uncertainty about some factors (e.g., the number of direct reports). Therefore, the jurisdiction is uncertain and may eventually change.
In this case, Management could make an arbitrary designation as excluded and The Society could challenge the designation later. If Management were to do this, then The Society-represented employees would not be able to compete for the position during a mix and match process. If the ultimate jurisdiction was within The Society, it could be that the selection process would have to be repeated.
If Management were to designate the position as included in The Society then MF and ESR would be excluded from a mix and match process. A similar result could occur, if the jurisdiction were to subsequently change.
The Solution
A joint process for identifying positions X, Y and Z will be established as follows:
1. Management will identify the X, Y and Z positions and identify the employees who could be adversely affected. The Society will have approval/veto rights. (Note: This is intended to ensure X, Y and Z positions are legitimate and not intended to increase the opportunities for MF and ESR employees or reduce the opportunities for Society represented employees to exercise their seniority rights in the mix and match process.)
2. Category X - These positions will be filled in the MF mix and match or advertised NSS-wide using the normal vacancy process if not filled in the mix and match. Society represented employees identified under paragraph 1 will be treated equally to MF employees during a mix and match but may only be selected for Position X. If the position is advertised NSS-wide, then the employee will be treated preferentially (i.e., be granted the same priority as surplus MF or ESR) for the specified position only. If the employee is not selected, then the employee can exercise all of his/her normal rights under Article 64. Where the employee is not selected for the position, The Society and the employee will be advised of the selection criteria and provided with reasons for non selection.
3. Category Y - These positions will be filled in The Society mix and match or advertised NSS-wide using the normal vacancy process if not filled in the mix and match. MF or ESR employees identified under paragraph 1 will be treated equally to Society employees during a mix and match but can only be selected providing they meet the senior qualified criteria for Position Y (i.e., such employees cannot be placed in any other position or displace Society-represented employees). If the position is advertised NSS-wide, then the employee will be treated preferentially (i.e., be granted the same priority as surplus Society) for the specified Y position only. If the employee is not selected, then the employee will be treated similarly to other MF/ESR staff in all other respects and have no additional rights.
4. Category Z - The parties will attempt to reach consensus on the jurisdiction of the position based on all available information (which will include an organization chart showing reporting relationships, selection criteria, and description of duties) prior to the selection process. Where consensus is not reached, Management will determine the jurisdiction and The Society will have the right to grieve.
5. The rights of The Society to grieve the jurisdiction of positions are unaffected by agreements reached under this process.
6. This Letter of Understanding expires December 31, 2000.

J. Wilson
for The Society		 S. Strome
for OPGI-Nuclear

#9 RE: EXPEDITING REDEPLOYMENT GRIEVANCES AND ARBITRATIONS
The undersigned Parties agree as follows:
Complaint and Grievance Procedure
1. This Agreement applies to grievances arising from the administration of Employment Continuity provisions of the Collective Agreement (Article 64.1.2), including the redeployment process in each Unit of Application, non-selection to positions in the mix and match and non-selection of employees entitled to priority placement in the search/notice period, and to decisions of JROTs.
2. Except as specified in this Agreement, all provisions and practices established in relation to the Complaint and/Grievance/Arbitration Procedure apply to these grievances.
3. An employee's complaint must be submitted no later than 20 working days after completion of the Mix and Match, e.g. final approval of the JRPT Second Report or equivalent, the JROT decision, or the selection process that includes the decision he/she feels is unfair.
4. At Step 1 of the grievance procedure, The Society will submit complaints within the scope of this Agreement to the relevant JRPT, JROT, and/or line management through Labour Relations Strategy Division. Management and The Society will be given 10 working days to attempt to resolve the grievance. The Society's position on the grievance is not prejudiced by that of Society members of JRPTs or JROTs.
5. Failing resolution at Step 1, The Society may advance the grievance to Step 2 of the grievance procedure within a further 10 working days.
6. The Parties will appoint regular and backup members to at least one Standing Redeployment Grievance Team, which will act as a Second Step Grievance Committee according to the terms of the Collective Agreement. The Committee will meet within ten days of a grievance being filed to attempt to resolve the grievance.
7. Failing resolution at Step 2, The Society may refer the grievance to arbitration within 20 working days. The Parties will designate and retain one arbitrator for grievances under this Agreement.
Arbitration
8. The parties will review case by case the appropriateness of the following expedited arbitration process for grievances arising from the Expedited Redeployment Grievance process.
9. Mr. Joseph W. Samuels, or another arbitrator acceptable to the parties, will be retained as arbitrator for Employment Continuity grievances and he will be asked to deal with agreed-upon cases according to the terms of point 10, below. The arbitrator shall control the proceedings and retain jurisdiction to require further submissions of fact or argument as he deems necessary to determine the matter.
10. The expedited arbitration process will require the following:
  • each grievance can be heard on one day, more than one grievance may be scheduled per day subject to the arbitrator's direction.

  • the parties will prepare and sign a Joint Statement of the facts giving rise to the dispute, the facts in dispute (to the extent practicable), and any agreement as to the issues to be decided by the arbitrator. The Joint Statement must be developed prior to scheduling the hearing date.

  • each party will present three copies of a Case Statement at the outset of the hearing. The Case Statement will state the issues to be determined, the facts on which the party relies, and a summary of the position of the party, supported by documentary exhibits and references to the Collective Agreement, jurisprudence or other authorities.

  • witnesses may be called where the arbitrator rules that there is a material factual dispute and determines which parts of the evidence sought to be called appear relevant and material to the determination of the grievance. Witnesses will be under oath and subject to examination and cross-examination.

  • oral argument will be limited to the position of the party set out in the Case Statement and the rebuttal of the other party's argument.

  • the arbitrator will determine the matter as soon as possible, with a written decision issued to the parties within ten working days of the hearing date. Failure to meet a time limitation under this process will be deemed a technicality that does not invalidate the proceedings or the award.
11. Where the parties do not agree that a case is appropriate for this procedure, it will be dealt with by the same arbitrator as a conventional referral to arbitration.
(signed by B.R. Story and M. Germani - June 13, 1995)

#10 RE: EXTENDED HEALTH BENEFITS
The undersigned parties recognize and accept the fact that NSS's Extended Health Benefits (EHB) plan is a negotiated plan which can only be revised through negotiations. In an attempt, however, to overcome the inflexibility of this plan on a case by case basis, and on a "without prejudice" basis, the parties also recognize that there may be some situations where a business case can be made that an alternative/different treatment to that allowed by the strict wording of the plan may be mutually beneficial.
As such, the parties agree that where a business case supports such action, and where it is mutually agreeable between NSS and The Society, NSS and individual employees may enter into agreements signed by the employee and a Society Principal Officer or Society Staff Officer on a "without prejudice" basis, whereby, for a limited period of time, employees may waive their rights under the EHB Plan and opt for a different or alternative treatment as agreed to by the parties. It is the intention of both parties that this would be done infrequently and only in cases where special requests have been made by individual employees for a different type of coverage. It is further agreed that while employees have no negotiated right to such treatment, the Tripartite Health and Benefits Committee Terms of Reference [i.e. (c)] would allow it to review the experience under this Letter of Understanding when considering adding or subtracting specific entitlements under the EHB Plan in keeping with the progress of medical science. It is further agreed that this Letter of Understanding would not restrict NSS from considering special treatment on an individual basis in the case of serious hardship.
The individual agreements should contain the following information:
1. the duration of the arrangement;
2. current coverage under the EHB plan;
3. the option chosen;
4. where appropriate, a clear statement to the effect that the employee is aware that they are opting out of specific items of coverage under the EHB Plan in lieu of alternative or different treatment;
5. that the arrangement is being entered into on a "without prejudice" basis.
As stated earlier, this Letter of Understanding does not bestow on employees any right under the Collective Agreement to special arrangements, but merely serves to allow, on a case by case basis, where there is mutual agreement, for special requests to be accommodated without increasing the cost of, or entitlements under, the EHB Plan. As such, neither the provisions within the individual agreements or a decision by any party not to enter into such an arrangement are grievable.
This Letter of Understanding expires on MARCH 31, 2006

J. Wilson
for The Society		 S. Strome
for OPGI-Nuclear

#13 RE: SURPLUS STAFF ON ROTATIONS
Intent:
To allow surplus employees who are on rotation to extend their employment beyond the expiration of their search/notice period.
1.0 It is possible for employees who are on rotation to continue employment with NSS beyond the expiration of their search/notice period when the expected duration of their rotational assignment goes beyond the expiry date of their search/notice period.
2.0 The decision to extend employment beyond the expiry of the search/notice period and the responsibility for the employee will be assumed by the receiving unit (i.e., the unit with the rotational assignment).
3.0 Normally, the extension will be for the expected duration of the rotational assignment. Where the line management of the receiving unit deems it necessary, a cancellation provision (minimum of 30 calendar days) can be included as one of the terms of the rotational assignment. This cancellation provision would be identified prior to the commencement of that portion of the rotation beyond the expiry of the employee's search/notice period.
4.0 For the period of employment, following the expiration of the search/notice period, employees will be considered per Clause 65.6.3(f) of the Collective Agreement and will not have priority consideration for corporate vacancies.
5.0 The extension of employment beyond the expiration of the search/notice period shall not be used for the calculation of any other entitlement (i.e., severance, notice of termination, lump sum payments and voluntary resignation) under Article 64 of the Collective Agreement.
6.0 With the exception of the limitations stated in sections 4.0 and 5.0 of this Letter of Understanding, employees whose employment has been extended beyond the expiration of their search/notice period will be treated as regular employees and will be covered by all of the other provisions of the Collective Agreement.
This Letter of Understanding terminates on December 31, 2000.

J. Wilson
for The Society		 S. Strome
for OPGI-Nuclear

#15 RE: ARTICLE 20.1(B) PERFORMANCE PAY GRIEVANCE PROCESS
1. This process applies to individual Complaints and Grievances arising under Article 20.1(b) of the Collective Agreement. Except as modified by this Agreement, the provisions of Article 16 of the Collective Agreement continue to apply.
2. Time limits for filing a Society Complaint under Article 20.1(b) expire 30 working days from the later of
1. January 1 of the year for which the pay increase is sought, or
2. The date on which the employee should reasonably be aware of performance pay standing for the year in which the pay increase is sought.
3. At Step 1, line management and The Society advocate for each grievor should undertake a fact-finding review and attempt to resolve the Complaint, in accordance with the principles of the Performance Pay Plan.
4. The Society may advance unresolved Complaints to Step 2 as grievances in accordance with Article 16. The parties shall appoint a corporate Step 2 Committee consisting of a Management representative and a Society representative, to review and attempt to resolve grievances based on the criteria in paragraph 3 and the submissions of line management and The Society advocate, with support from HR Client Services and Society Staff. It is intended that the Committee will schedule multiple grievances to be heard at each meeting. A consensus decision of the Team shall be final and binding.
5. If the Team cannot reach consensus, The Society may advance the grievance to arbitration as per Article 16.
6. Unless otherwise agreed to, the payment of any performance increase approved under this process shall be retroactive to January 1 of the year for which the performance increase is being sought.
(signed by Lorraine Irvine for Ontario Hydro and Edik Zwarenstein for The Society, July 15, 1996)

#22 RE: WORKPLACE HARASSMENT AND HUMAN RIGHTS COMPLAINT PROCESS
NSS and The Society agree to the following Letter of Understanding:
(a) When a complainant or respondent to a human rights or harassment complaint files a request for representation by The Society, the parties will attempt to agree on the terms for a Step 1A before the Complaint is advanced to Step 2 of the Complaint and Grievance/Arbitration Procedure.
(b) At Step 1A the parties will first attempt to agree on a fact-finding process that may include:
i. The use of neutral investigator agreeable to both parties;
ii. Consideration of reports from preceding investigations;
iii. Interviews with affected employees.
With the consent on the affected employees and the parties, mediation may be appropriate in the circumstances. Failing this, The Society may advance a grievance directly to Step 2.
(a) The Society and NSS will attempt to agree upon a list of neutral investigators for use at Step 1A where required.
(b) Where a Step 1A process is agreed to, the parties will attempt to agree on a statement of facts based on the findings of the investigation. Failing agreement, The Society may advance a grievance directly to Step 2.
(c) Based on the fact-finding exercise at Step 1A, Management will determine the course of action it will take and will inform The Society of its decision in a timely manner. If The Society does not agree with Management's decision, it may advance a grievance directly to Step 2.
(d) Where the parties agree on a statement of facts at Step 1A, it may be relied upon by either party at Step 2 and subsequent arbitration. Both parties retain the right to introduce additional facts and issues at Step 2. There will also be an attempt to consolidate at Step 2 any other grievance issues that may be related to the human rights or harassment allegations and to balance the interests of affected employees.
(e) These provisions shall remain in effect until May 15, 2000 and continue thereafter subject to termination by either party on 90 days' written notice.

OPGI-Nuclear The Society

#30 RE: PROCESS FOR UPDATING THE DRUG FORMULARY TO DECEMBER 31, 2000
NEW DRUGS REQUIRING A PRESCRIPTION BY LAW
1. New "generic substitutes" for "name brand drugs" already listed on the Formulary will automatically be added to the Formulary as soon as they are approved for use in Canada.
2. New "strengths/dosages/forms" for drugs listed on the Formulary will automatically be added to the Formulary as soon as they are approved for use in Canada.
3. Out-of-country drugs with the same chemical base as drugs listed on the Formulary will automatically be added to the Formulary as the need arises.
4. The Chief Physician (or other employer-designated decision-maker) shall review all drugs that have been newly approved for use in Canada and advise the employer whether the drug is commonly and customarily recognized throughout the physician's profession as appropriate in the treatment of a patient's diagnosed sickness, injury or condition. The employer will make all reasonable efforts to make this determination as soon as possible after the drug has been approved for use in Canada. When a drug is deemed by the Chief Physician (or other employer-designated decision-maker) to meet this criteria, the drug shall be added to the formulary.
5. Any drug on the Formulary that is no longer approved for use in Canada will automatically be deleted from the Formulary effective the date federal approval is withdrawn.
A. OVER-THE-COUNTER (OTC) PRODUCTS
1. A new OTC product (excluding Vitamins and Minerals) that has been approved for use in Canada, that falls into the following categories.
(a) for allergies
(b) for chronic illness
(c) considered life sustaining
(d) previously "requiring a prescription by law" and already on the Formulary
(e) different strengths or repackaging of products already on the Formulary (same product/same company)
(f) products already on the Formulary whose DINs may have changes as a result of a company takeover or reorganization shall be reviewed by the Chief Physician (or other employer-designated decision-maker). The Chief Physician (or other employer-designated decision-maker) will advise the employer whether (a) the OTC product is commonly and customarily recognized throughout the physician's profession as appropriate in the treatment of a patient's diagnosed sickness, injury or condition; and, (b) Best Average Pricing (ie, Manufacturer's wholesale price to the carrier) is available for the product. When the OTC product is deemed by the Chief Physician (or other employer-designated decision-maker) to meet this criteria, the product shall be added to the formulary.
When Best Average Pricing information is not available for an OTC product, a paper claim will be reimbursed subject to determination by the Chief Physician (or other employer-designated decision-maker) that there is no reasonable alternative product on the existing formulary and that the product is commonly and customarily recognized throughout the physician's profession as appropriate in the treatment of a patient's diagnosed sickness, injury or condition.
2. Vitamins and Minerals which have been approved for use in Canada and which have the same chemical base as items currently on the Formulary will be added to the Formulary effective the date Best Available Pricing information is made available to the Carrier (ie. Manufacturers' wholesale price).
B. MISCELLANEOUS.
1. The Corporation agrees to provide the following to The Society: a full and complete copy of the list of new drugs approved for use in Canada, as received from the Carrier (usually monthly); a list of (prescription and OTC) items added to the Formulary (including, where applicable, what country it applies to); and, upon written request from The Society, a written rationale for not including a drug on the formulary.
2. Notification of the employer's decision to not add a drug to the Formulary, and any ensuing discussion with respect to the employer's rationale for not doing so:
3. Shall not be deemed to trigger timelines under article 16 of the Collective Agreement
4. Shall be without prejudice to The Society's position with respect to whether the drug meets the "reasonable and Customary" standard; and,
5. Shall not prejudice The Society's entitlement, or the entitlement of any Society-represented employee(s), to grieve the employer's decision at a later date.
6. The Corporation agrees to provide The Society with an electronic copy of the complete Drug Formulary on a quarterly basis (calendar year).
7. The Corporation agrees to install, and update on a quarterly basis, the complete Drug Formulary on the Intranet.

#73 RE: EXPEDITING SOCIETY/OPGI JURISDICTIONAL ARBITRATIONS (NUCLEAR)
Without prejudice and without creating a precedent in respect of any other matter, the undersigned Parties agree to the following:
1. This Agreement applies to jurisdictional grievances advanced by the Society pursuant to Articles 2 and 16.3 and other relevant provisions of the Nuclear Collective Agreement which do not involve the interests of any intervening trade union.
2. The referral to arbitration shall be made by the Society delivering a brief to OPGI setting out the facts and evidence on which it relies. OPGI shall deliver a responding brief within 20 business days thereafter, and the Society may file a reply brief within a further 10 business days after receipt of the responding brief.
3. If a party does not deliver a brief within the above time lines it may only file a brief and lead evidence at arbitration with leave of the arbitrator, on such terms as the arbitrator may impose.
4. Arbitrations will be held in an expedited med./arb. format. The arbitrators will be selected from the following group:
a. Jules Bloch
b. William Kaplan
c. George Surdykowski
This roster of arbitrators will be reviewed by the parties every year that this agreement continues. Prehearing issues may be referred to Jules Bloch or his designate for resolution
5. Arbitrations will be based primarily on written briefs, which are prima facie evidence of the truth of their contents. Oral evidence will be limited to matters on which the arbitrator so directs, and no party shall introduce oral evidence of matters that are not contained in their brief, except with leave of the arbitrator. Prior settlements made without prejudice and without precedent shall not be determinative of any grievance.
6. In addition to jurisdiction under the collective agreement under which the dispute was filed, the arbitrator shall have the jurisdiction set out in s. 99 of the Ontario Labour Relations Act, 1995, except that the arbitrator shall not have power to alter a Society bargaining unit as determined in a certificate and/or defined in the Voluntary Recognition Agreement or an applicable collective agreement.
7. Arbitration awards will be precedent setting.
8. The parties agree that arbitrator George Adams shall decide the issues raised in the "Referral to Arbitration - Policy Grievance re Excluded "Individual Contributor" Positions" (December 10, 1997) at a hearing scheduled [SUBJECT TO CONFIRMATION - February 29, 2000] or his first available date thereafter, and shall issue a pattern-setting award on the following terms:
a. On or before November 15, 1999 the Society will identify up to four reference positions to provide a factual foundation and by November 26, 1999 OPGI will provide all current and predecessor job documentation (including TIRRs and TARRs where applicable), current organization charts, and any other current documentation of the nature and function of the work organization relevant to these positions;
b. The Society will file its Primary Brief by the later of December 10, 1999 or within 15 business days of receiving the complete reference material; OPGI will file a Responding Brief by the later of January 28 or within 30 business days of receiving the Society's Primary Brief, and the Society will file its Reply Brief by the later of February 15 or within 10 business days of receipt of the Responding Brief;
c. Arbitrator Adams will have jurisdiction as set out in other provisions of this Agreement except that either party, on request, shall have the fight to oral evidence including proof of documents and cross-examination;
d. If either party intends to call oral evidence it will provide the other party with a will-say statement of all such evidence not less than ten days prior to the hearing;
e. Any individual contributor grievances which are not expressly decided by arbitrator Adams award may be referred by the Society to another arbitrator under the provisions of this Agreement.
9. Except as expressly modified herein, all relevant provisions of the Society's Collective Agreement shall continue to apply.
10. Either party may withdraw from this agreement on six months written notice to the other party.

John Wilson
On behalf of the Society		 Brian Story
On behalf of OPGI
Nov. 9/99

#77 SETTLEMENT OF PPM POLICY GRIEVANCE (DECEMBER 3, 1996) AND NEGOTIATION OF NEW PERFORMANCE PAY PLAN AND JOB EVALUATION PLAN
Without prejudice and without establishing a precedent in any other matter, the undersigned Parties agree to the following in full and final settlement of the above-referenced grievance:
The parties agree to "freeze" the current administration of the Performance Pay Plan during the year 2000 while they negotiate and, if necessary, arbitrate a new performance pay plan.
Interim (i.e. for performance pay year 2000, and thereafter if necessary)
1. The following constitute the Society's Performance Pay Plan in OPGI and cannot be altered except by mutual agreement:
(a) all current negotiated agreements*;
(b) the Performance Pay Plan 1978 (revised 1987).
2. In addition, in the OPGI - Nuclear Bargaining Unit, the existing OHN Procedure "Performance Planning and Review" ( N-PROC-HR-0014-R00), including forms and worksheets ("PPR") will be frozen until a new plan is implemented.
3. Disputes regarding the Annual Review of Performance shall continue to be subject to Article 20.3 of the OPG/Society Collective Agreements.
4. Reductions in Performance Pay Standing for Society represented employees shall continue to be treated according to Article 21 of the OPG/Society Collective Agreements.
5. Any disputes regarding the administration of the Performance Pay Plan or this settlement agreement shall be first referred to the OPGI/Society JSMC for resolution. In the absence of resolution, either party may refer the dispute to arbitrator Jane Devlin for full and binding resolution.
*For clarify, this is the 1999-2000 collective agreement and any other grievance or arbitration settlements which have on-going commitments during the term of the 1999-2000 agreement. This does not include the size of the performance pay-out amount beyond the amount agreed to in the 1999-2000 collective agreement.
New Plan for the Nuclear and Non-Nuclear Collective Agreements.
6. The Parties undertake to immediately enter into good faith negotiation of a new performance pay plan consistent with Article 94.1(a) of the Collective Agreement, which shall include negotiation of design, mechanics of application, administration, documentation and pay-out process. The parties further agree to enter into good faith negotiation of a new job evaluation plan in accordance with Letter of Understanding #27.
7. Any new performance pay plan and/or job evaluation plan agreed to in negotiation can only be changed by joint agreement.
8. If agreement on a new performance pay plan and/or job evaluation plan, save for implementation aspects, is not reached by October 1, 2000 either party may refer unresolved issues to arbitrator Devlin to facilitate or for final and binding arbitration. The parties may extend this time limit by mutual agreement. Implementation disputes, if any, will be subject to the mediation-arbitration process in renewal negotiations.
9. This agreement shall operate until there is written agreement that a new performance pay plan and job evaluation plan supercedes the existing performance pay plan and job evaluation plan.

Ontario Power Generation Inc. The Society

#91 POLICY #04-03-04 - "REHABILITATION AND REEMPLOYMENT" (NUCLEAR)
1. Employees in receipt of LTD benefits, who are determined to be medically able to return to work, shall be provided with appropriate rehabilitation services. Such services shall be set out in a rehabilitation plan developed in accordance with the LTD and Rehabilitation and Re-employment policy. It is understood that a six-month period of rehabilitation employment may be insufficient for an LTD benefit recipient returning to work and that, therefore, the rehabilitation plan may provide for a period of rehabilitation employment that is reasonable in the circumstances. The ultimate goal of the rehabilitation plan is continuing employment in a full-time position. However, it is recognized that some employees have medical disabilities that may not be supportive of working full time.
2. Where the rehabilitation process identified reduced hours (minimum of 14 hours, maximum of 28 hours) as a permanent medical restriction (as supported by medical evidence), the employee will be re-employed, and accommodated, in an available and suitable on-going position while retaining his/her LTD status. This re-employment will be in accordance with the terms set out in article 45 of the Collective Agreement.
3. Employees under this arrangement (as set out above) shall:
(a) In accordance with their LTD status, continue to receive full (i.e., full-time) service credit during this period and have full coverage (i.e., in accordance with the Pension Plan; with no pro-rating) maintained in, but will not be required to contribute to, the Ontario Hydro Pension Plan and the Ontario Hydro Group Life Insurance Plan;
(b) Receive the greater of; the appropriate salary level for hours worked; or LTD benefit entitlement; and,
(c) Be eligible for performance pay increases and the performance appraisal process, where medical restrictions do not preclude its application, shall take into account medical restrictions with respect to establishing goals and measuring achievements. For clarity, article 43.4.1 of the collective agreement continues to apply to employees covered by this consent award.
4. This Letter of Understanding satisfies the commitment of the parties as set out in the "Joint Society-Hydro Report to Mediator-Arbitrator Justice Adams on Consensed Items reached to Date during 1997 Collective Agreement Renewal Negotiations," dated April 14, 1997.

Ontario Power Generation Inc. The Society
Tuesday, 18 May, 1999

#109 RE: PENSION ADMINISTRATION
It is agreed that normal administrative matters such as changing financial advisors are not considered by the Parties to be changes to the Pension Plan within the meaning of Article 50, subject to any understanding, agreement, or decision to the contrary with the PWU.

John Wilson
For the Society		 Ivars Starasts for Brian Story
For OPGI

#112 RE: NEW PROCESS FOR EMPLOYEE INITIATED JOB REVIEWS
The Parties agree as follows:
1. Letters of Understanding #3 (Re: Expedited Job Review Process), #11 (Re: Expedited Job Challenge/Review Grievance Process) and #12 (Re: Terms of Reference for Job Challenge Grievance Fact-Finding Teams) are replaced with the following procedure.
2. An employee or group of employees may request a job review through The Society, indicating a desired rating for the position(s) in question along with a justification for the new rating.
3. Management has 30 days from the date of the request to decide whether to perform a job review. If management agrees to perform a job review then it must complete the job review within 60 days of the date of agreement.
4. If management decides not to perform the job review, or the job review results in a classification unsatisfactory to the employees involved, the Society may file a grievance within 10 working days of the communication of the decision. All such grievances will be filed at Step 2 of the Society/OPGI grievance procedure contained in Article 16 of the Collective Agreement.
5. In the case where a grievance is filed, the parties commit to have a fact-finding pre-meeting to share information and discuss possible resolutions. A standing Pre-Step 2 meeting will be scheduled on a bi-monthly basis to meet one month before the regularly scheduled Step 2 meetings (as specified in Article 16 of the Collective Agreement). The parties, with the aid of job evaluation experts, will exchange information on out-standing job challenges.
6. If there is no resolution of the grievance, a Step 2 meeting will be held on the next regularly scheduled standing Step 2 meeting (as specified in the new Article 16 of the Collective Agreement.)
7. Any unresolved issues will proceed through the grievance/arbitration process in Article 16 of the Collective Agreement at Step 2.

Julie Mitchell
For OPG		 Jim Blair
For the Society		 Lanny Totton
For the Society
05-Jun-01