| 2 |
RECOGNITION CLAUSE |
| 2.1 |
Provincial Jurisdiction |
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Nuclear Safety Solutions Ltd. (NSS) recognizes The Society as the exclusive bargaining agent for a bargaining unit comprised of: |
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All employees employed in Nuclear Safety Solutions Ltd., hereinafter known as NSS, in the Province of Ontario employed as supervisors, professional engineers, engineers-in-training, scientists, and professional, administrative and associated employees, save and except for persons who perform managerial functions as distinct from supervisory functions; persons employed in a confidential capacity with respect to labour relations; and persons in bargaining units for which any trade union held bargaining rights as of November 13, 1991. |
| 2.2 |
Federal Jurisdiction |
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The Society was certified in May 1995 under the Canada Labour Code for a bargaining unit comprised of the following: |
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All employees of Ontario Hydro employed by Ontario Hydro Nuclear (OHN*) in the Province of Ontario employed as supervisors, professional engineers, engineers-in-training, scientists, and professional, administrative and associated employees, save and except for persons who perform managerial functions as distinct from supervisory functions; persons employed in a confidential capacity with respect to labour relations; and persons in bargaining units for which any trade union held bargaining rights as of November 13, 1991. * Ontario Hydro Nuclear (OHN) is a business unit employing all persons who are employed on or in connection with nuclear facilities that come under Section 18 of the Atomic Energy Control Act. |
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On April 1, 1998, jurisdiction for labour relations for the above-noted federal bargaining unit was delegated to the Province of Ontario. |
| 2.3 |
Clarity Notes |
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2.3.1 |
For the purposes of clarity, the bargaining units set out above: |
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Include: |
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a) |
all regular, probationary, graduate students, reduced-hours and temporary employees whose functions are included in the classifications paid from Salary Schedules 01 and 04. |
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b) |
employees in NSS whose full-time duties are security staff work and who are paid from Salary Schedule 05 or 15 (Security Staff). |
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Exclude: |
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a) |
those persons who perform managerial functions as distinct from supervisory functions. An employee is performing managerial functions if: |
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i) |
he/she performs managerial functions such as hiring, promotion, performance increase, discharge, etc., over other employees in the bargaining unit; and |
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he/she is required to spend the majority of his/her time performing managerial duties; and |
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he/she supervises at least seven (7) employees (directly and indirectly) on a regular and continuous basis; or |
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ii) |
he/she supervises persons who are excluded from The Society's bargaining unit by reason of performing managerial functions or being employed in a confidential capacity with respect to labour relations. |
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2.3.2 |
Definitions |
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a) |
"Supervisors" means employees who primarily perform supervisory functions, including the requirement to make recommendations regarding any staff or personnel matter. These staff or personnel matters include, but are not limited to, such areas as selection, promotion, appraisal, discipline, transfer, staffing needs, work methods, changes in terms and conditions of employment, grievances, or the interpretation and administration of the applicable Collective Agreement. "Supervisors" includes employees in other employee classifications who perform supervisory functions. |
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b) |
"Professional engineer" means either: a) an employee who is a member of the engineering profession entitled to practice in Ontario and employed in a professional capacity; or b) an employee with equivalent credentials who is in a position that requires engineering expertise and specialized knowledge. This definition includes all employee categories included under the heading of "Professional Engineer" listed in Attachment A to Appendix I "Utilization and Advancement of Professional Engineers and Scientists" in this Agreement. "Professional engineers" includes employees who satisfy these criteria and who are required to perform supervisory functions. |
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c) |
"Engineers-in-training" means an employee who has completed a course of specialized instruction in engineering sciences and graduated from a university or similar institution, who has not satisfied all the requirements for practicing as a professional engineer and who is on a structured training program to partially satisfy these requirements. |
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d) |
"Scientists" means employees who are university graduates in the Natural Sciences, the Applied Sciences, Mathematics or Computer Sciences, who are not classified as professional engineers, and who are engaged in the application of this specialized knowledge in the course of their employment. This definition includes all incumbents in positions identified under the heading of "Scientists" listed in Attachment A to Appendix I entitled "Utilization and Advancement of Professional Engineers and Scientists" in this Agreement. "Scientists" includes employees who satisfy these criteria and who are required to perform supervisory functions. |
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e) |
"Professional employee" means an employee who: |
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i) |
in the course of his/her employment is engaged in the application of specialized knowledge ordinarily acquired by a course of instruction and study resulting in graduation from a university or similar institution; and |
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ii) |
is eligible to be a member of a professional organization that is authorized by statute to establish the qualifications for membership in the organization; or |
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iii) |
performs the functions, but lacks the qualifications of a professional employee. |
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"Professional employees" include employees who satisfy these criteria and who are required to perform supervisory functions. |
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f) |
"Administrative employee" means an employee who normally supervises persons engaged in office administration, construction, security or maintenance work who are represented by another trade union. This definition includes employees who share a community of interest with "supervisors". |
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g) |
"Associated employees" means employees in positions which normally require a university degree or equivalent education or experience. This definition encompasses employees who share a community of interest with "professional engineers", "scientists" or "professionals" and includes, but is not limited to, Nurses and System Control Operators. "Associated employees" includes employees who satisfy these criteria and who are required to perform supervisory functions. |
| 2.4 |
Supervisory Employees - Code of Ethics |
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NSS 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 NSS. As members of NSS 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 NSS will identify, minimize and/or avoid the conflicts/perceived conflicts of interest that may arise concerning the relationship between supervisors, The Society and NSS. |
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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. |
| 2.5 |
Conflict of Interest - Security Staff |
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The Society recognizes that the inclusion of security staff in this Collective Agreement may create the possibility of a conflict of interest between the responsibilities to their duties and their membership in The Society. The Society will not impede security staff from performing any of their job duties. |
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These provisions are intended to permit security staff to perform their duties unfettered and to preserve the confidentiality of their work. Security staff are sometimes required to take action with respect to other employees. It is the intent of these provisions that security staff will fulfill their duties irrespective of whether the other employees involved are or are not represented by The Society. NSS agrees that all security staff represented by The Society will have normal access to Society representation. |
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The Society agrees not to pursue any internal disciplinary actions against security staff for performing their duties. |
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Any conflict of interest involving security staff will be subject to an expeditious internal confidential review/resolution process. If the internal resolution process is not capable of resolving the conflict of interest, then an expeditious external process will be activated. |
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The Society Board of Directors clearly recognizes the unique position of security staff regarding their relationship with other Society represented employees and will strive to ensure that any conflict of interest which may arise is handled sensitively and expeditiously. |
| 2.6 |
Exclusions Process |
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NSS and The Society agree to the following process for the purpose of excluding new and changed positions from The Society's jurisdiction. |
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1. |
The following new or changed job documents or their electronic equivalents in Scenarios A to D will be sent to The Society for their review: |
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| Scenario |
New Jobs |
Revised Jobs |
| A |
Documents will be sent to The Society after finalization. |
| i) |
If job leaves Society jurisdiction, documents will be sent to The Society before finalization. |
| ii) |
If Society jurisdiction does not change, documents will be sent to The Society after finalization. | |
| B |
Documents for new MF jobs will be sent to The Society before finalization. |
If jurisdiction changes to Society bargaining unit, documents will be sent to The Society after finalization. |
| C |
Documents for new first-level ESR jobs will be sent to The Society before finalization. |
If jurisdiction changes to Society bargaining unit, documents will be sent to The Society after finalization. |
| D |
Documents for the following new jobs not established as PWU jobs in the past will be sent to The Society before finalization:
| i) |
supervisory jobs, and ii)non-supervisory jobs which report to a Society-represented position and are paid at the final step rate at or above MP1 reference point. | |
If jurisdiction changes to Society bargaining unit, documents will be sent to The Society after finalization. | |
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2. |
If there is disagreement concerning jurisdiction of a position, The Society will notify Labour Relations, NSS Human Resources within 10 working days of having received the document. The two parties will use the 10 working days to attempt to resolve the dispute. |
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3. |
If the two parties are not able to resolve the dispute, Management reserves the right to implement the position with the jurisdiction as proposed. At the same time, The Society has the right to file a grievance over the jurisdiction of the position. |
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4. |
Management will notify The Society office of any jurisdictional grievance filed by another trade union against a Society-represented position and will advise The Society of any change in status (e.g., referred to next step, resolved, withdrawn). |
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5. |
Attachment 1 is the exclusion form which will be used in accordance with this process. The Society's agreement to exclude any position under this process is without prejudice to its position in any proceedings and will not limit The Society's right to challenge the exclusion at a later point in time.
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ATTACHMENT 1 |
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Request for Society Exclusion |
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| 2.7 |
Successor Rights |
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2.7.1 |
NSS agrees that it will not directly or indirectly request government to exempt the Company or The Society from the successor rights provisions of the applicable labour relations legislation. |
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2.7.2 |
The successor rights provisions of the applicable labour relations statute shall be incorporated by reference into this Collective Agreement. No board of arbitration established pursuant to the grievance and arbitration provisions of this contract has jurisdiction to make any decision within the jurisdiction of the Labour Relations Board and nothing herein is intended to affect the jurisdiction of the Labour Board to resolve disputes related to the application of the provisions of the statute. For purposes of s. 48 of the Ontario Labour Relations Act and s. 57 of the Canada Labour Code, the Ontario Labour Relations Board or the Canada Labour Relations Board shall be deemed to be a Board of Arbitration for the resolution of disputes related to the interpretation, application, administration or alleged violation of this provision of the Collective Agreement. The remedial powers of the Labour Board shall be as set out in the relevant statutory provisions governing successor rights.
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| 3 |
EMPLOYEE CLASSIFICATIONS |
| 3.1 |
Probationary Employees |
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A probationary employee is an employee, who is hired on a trial basis with the prospect of being reclassified as a regular employee, if the employee's performance satisfactorily meets the job requirements. The probation period is normally a minimum of three months and a maximum of six (6) months. After six (6) months, the employee will either be made regular, transferred to another probationary position or terminated unless there is an expectation that a longer probationary period will result in improvement in a specific area which has been identified to the employee (e.g. completion of a training course or a specific work assignment, interrupted probationary period as a result of parental leave, etc.) The employee's benefits and working conditions are the same as regular employees with exceptions identified in the provisions where different treatment has been agreed to. |
| 3.2 |
Regular Employees |
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A regular employee is an employee who has either served the required probationary term or has previously been employed in one of the other categories and has satisfactorily met the job requirements. The employee occupies a position that is considered part of the ongoing organization of NSS. |
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3.2.1 |
Reduced Hours of Work Regular Employees |
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A reduced hours of work regular employee is an employee who has regular status but works less than the base hours for a full-time position. The employee's benefits and working conditions are pro-rated and based on the entitlements of the regular employees. The pro-rating is described in Article 71 (Reduced Hours of Work). |
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3.2.2 |
Regular Special Rated Classification |
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A Regular-Special Rate classification is an employee who has regular status but does not participate in any of NSS's Health, Dental and Pension & Life insurance plans. In lieu of these benefits, the base rate will be increased up to a maximum of 25% above the appropriate base rate for the job. |
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Generally this classification is only to be used for external hires that have 25 years or more experience, and is not available for or applicable to other employees. Nevertheless, the parties can agree to the hiring of individuals into this classification with less than 25 years experience or the employer can do so for up to 4 individuals where the individual's experience is up to a few years less than 25 years. |
| 3.3 |
Temporary Employees |
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3.3.1 |
A temporary employee is an employee who is hired for short-term work assignment which is not ongoing (i.e., normally 12 months or less and not extending beyond 24 months). The employee's benefits and working conditions are as per Article 34 (Temporary Employees). |
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3.3.2 |
Reduced Hours of Work Temporary Employees |
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A reduced hours of work temporary employee is an employee who has temporary status but works less than the base hours for a full-time position. The employee's benefits and working conditions are pro-rated as per Article 34 (Temporary Employees). |
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3.3.3 |
Student Employees |
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A student employee is an employee who is hired for short-term work which is not ongoing. He/she is normally in the process of completing his/her post-graduate studies and is expected to return to his/her studies after an agreed employment period. The employee's benefits and working conditions are as per Article 34 (Temporary Employees).
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| 4 |
SERVICE CREDIT DEFINITIONS |
| Service credits shall be based on all previous full-time (regular, temporary and casual) service and part-time/reduced hours (regular and temporary) unless otherwise specified. (See Article 9.4 Transition Provisions) |
| 4.1 |
Established Commencement Date (ECD) |
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The "ECD" represents the latest date of hire, subject to authorized adjustments for previous service as detailed below. |
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a) |
Regular |
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The ECD for regular employees is calculated by giving service credits for:
- probationary employment;
- 100% of employment service in an acquired Company;
- previous regular and temporary (full-time and reduced hours employment), if there has been no break in service exceeding twelve (12) months;
- previous casual construction employment if there was no break in employment exceeding three (3) months (or 12 months for casual construction employees on the Pension and Insurance Plan).
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(The ECD has an impact on sick leave and severance pay.) |
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b) |
Temporary |
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The ECD for temporary employees is calculated by giving service credits for:
- previous temporary employment, if there has been no break in service exceeding 3 months and employee has less than 12 months service;
- previous temporary employment, if there has been no break in service exceeding 12 months and employee has greater than 12 months service.
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(The ECD has an impact on statutory holidays and floating holidays.) |
| 4.2 |
Vacation Credit Date (VCD) |
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The VCD represents all service regardless of breaks. While a regular employee, service credits shall be based on the current ECD and adjusted for all previous periods of OPGI and NSS?? employment. All employees who currently work reduced hours or have done so in the past, will have such service calculated as if were full-time. |
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(VCD is used to determine vacation bonus.) |
| 4.3 |
External Experience Value (EEV) |
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The EEV represents a vacation credit quantity expressed in number of years, months and days for external work experience granted to qualifying regular employees (Section 38.7). The EEV and VCD determine total years credit for vacation entitlement (days) and the length of service based search notice period (Section 64.7.1 - Search Notice Period). |
| 4.4 |
Service Recognition Date (SRD) |
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The SRD for regular employees represents all service while an NSS employee on payroll regardless of breaks in employment. Service credits shall be based on the last hire date and adjusted for all previous periods of OPGI and NSS employment.{ACCEPTED} All employees who currently work reduced hours or have done so in the past, will have such service calculated as if it were full-time (it should never be pro-rated). |
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Authorized Adjustments: |
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a) |
Personal Leaves of Absence |
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SRD includes the time an employee is on "leave", if the employee is on a:
- personal leave of absence with pay; or
- personal leave of absence without pay which is less than 15 working days; or
- personal leave of absence without pay which is more than 15 working days and which was started on or after April 15, 1993 -- only that portion which was taken during the period from April 15, 1993 to August 31, 1997.
- prepaid leave of absence, under the enhanced leaves of absence policy dated April 16, 1993, greater than eight (8) weeks.
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b) |
Pregnancy/Parental Leaves |
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SRD includes the time an employee is on a pregnancy/parental leave (previously referred to as normal or extended maternity/adoption leave). |
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c) |
Job Sharing |
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SRD is calculated as if the employee is working full-time hours. |
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d) |
Work Sharing |
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SRD is calculated as if the employee is working full-time hours. |
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(SRD has an impact on recognition of employee service at years 25 and 40, Quarter Century Club Membership and seniority (Article 64).) |
| 4.5 |
"Eligibility Service" or "Continuous Employment" for Pension Purposes |
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Generally, it is the number of years (including a portion of a year) a pension plan member has been continuously employed in which there has been no break in employment exceeding twelve (12) months. It includes previous OPGI and NSS pensionable service which has been reinstated; external service which has been transferred into the pension plan under a reciprocal pension transfer agreement; and periods of pregnancy/parental leave. It may include certain types of non-regular service purchased under special provisions. It generally excludes leaves of absence without pay except where the employee elects to pay the pension contribution. The exceptions are detailed in the pension rules. |
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Eligibility Service (ES) is used as an eligibility criteria for early retirement and the associated early retirement discounts; and in conjunction with Membership Service (i.e., the service subsequent to the date actually joining/started contributing to the Plan) and Age, to determine death and termination benefit entitlements.
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| 5 |
TEMPORARY ASSIGNMENTS |
| There may be instances when employees are temporarily removed from their normal duties to perform work outside of The Society's bargaining unit. Likewise, employees from outside of the bargaining unit may be assigned temporarily to work within The Society's bargaining unit. |
| In such instances, the parties agree that: |
| 5.1 |
Employees Temporarily Excluded from Society Jurisdiction |
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5.1.1 |
The Society shall be given prior notice of any temporary assignment exceeding three months' duration that NSS considers outside the bargaining unit, along with a rationale for the proposed exclusion. |
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5.1.2 |
The Society shall continue to represent employees who have been temporarily removed from their regular positions to perform work outside the bargaining unit for the first three months of the temporary assignment. Dues shall be deducted and remitted to The Society for the duration of the temporary assignment. |
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5.1.3 |
Except where otherwise specified in this Agreement, Society-represented employees who are temporarily assigned to positions outside the bargaining unit shall have access to all benefits, plans or entitlements under Part IX (Health Benefits), Part X (Pension and Insurance), Part XI (Relocation Assistance), and Articles 64 (Employment Continuity) and 65 (Vacancies) of the Collective Agreement for the full duration of the assignment. |
| 5.2 |
Employees Temporarily Included in Society Jurisdiction |
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5.2.1 |
NSS personnel from outside The Society's bargaining unit who are temporarily assigned work within Society jurisdiction shall be represented by The Society for that portion of the assignment extending beyond three months, and dues shall be deducted for the period beyond three months. |
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5.2.2 |
During the period of Society representation, temporarily included employees shall be subject to the provisions of the Collective Agreement, but the following shall not apply:
- Article 20, 21, (excluding 31.4), 32 (Performance Pay Plan), 33
- Part VIII (Absence from Work)
- Part IX (Health Benefits)
- Part X (Pension and Insurance)
- Part XI (Relocation Assistance), except for Article 55 (Compensation when Assigned to Temporary Work Headquarters)
- Article 63
- Part XIII (Working Conditions)
- Other provisions or Agreements to the extent they concern the above
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| 5.3 |
Grievance |
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The Society's Complaint and Grievance/Arbitration procedure shall apply to any dispute relating to an applicable provision of The Society's Collective Agreement, including any dispute as to whether the Collective Agreement is applicable in the circumstances. The employee and/or the employee's bargaining agent retain any rights in respect of terms and conditions of employment to which The Society's Collective Agreement does not apply.
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| 6 |
EMPLOYEES ON TEMPORARY OUT-OF-PROVINCE ASSIGNMENT |
| 6.1 |
Terms and Conditions of Employment During Assignment |
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6.1.1 |
When a Society-represented employee accepts a temporary assignment outside Ontario, the employee: |
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a) |
retains his/her status as an employee of NSS; |
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b) |
continues to accrue service credit for all purposes under Article 4 of the Collective Agreement; |
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c) |
is required to pay Society dues during the term of any assignment beginning on or after January 1, 1995. |
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6.1.2 |
The employee remains represented by The Society until he/she begins this assignment. When an employee accepts a personal services contract, that contract together with this Article shall constitute the employee's complete terms and conditions of employment for the full term of the assignment. NSS will advise The Society after a personal services contract with a Society-represented employee is signed. |
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6.1.3 |
NSS will indemnify, or cause to be indemnified, each employee who, in the course of work on temporary out-of-province assignment, becomes subject to a claim made against him/her or to a threat of discipline from an association with statutory power to apply professional standards. OPGI's "Employee Indemnification Policy" (08-03-01) will apply unless indemnification provisions specific to a given contract or project are identified in the personal services contract. |
| 6.2 |
Filling the Pre-Assignment Position |
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Before the employee commits to the assignment, Management will determine whether it intends to fill the position on a temporary or regular basis and discuss the decision and rationales with the employee. NSS will inform the employee of any intent to change this plan while the employee is on an out-of-province assignment. |
| 6.3 |
Redeployment Upon Completion of Assignment |
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6.3.1 |
The line manager in the employee's pre-assignment Business Unit shall provide or shall identify appropriate personnel to provide the returning employee with employment-related information and assistance and to carry out the provisions of this Subsection upon completion of the assignment and return to Ontario. |
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6.3.2 |
When the employee's pre-assignment position with NSS continues to exist and has not been filled or has been filled temporarily, the employee shall return to that position. |
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6.3.3 |
When the employee's pre-assignment position with NSS no longer exists or has been filled regularly, and the employee is not surplus by operation of Article 64, the employee shall be placed in a NSS vacancy for which he/she is qualified, in the following order: |
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a) |
a lateral vacancy within the employee's pre-assignment Business Unit at the pre-assignment location; |
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b) |
within the pre-assignment Business Unit, a choice of a lateral vacancy at a new location, or a vacancy within two salary grades lower at the pre-assignment location; |
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c) |
within the pre-assignment Business Unit, a vacancy within two salary grades lower, in a new location; |
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d) |
redeployment in accordance with Article 64. |
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6.3.4 |
Placements under Subsection 6.3.3 (a), (b) or (c) above are exceptions to NSS posting requirements, consistent with Subsection 65.6.1 (b). |
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6.3.5 |
When there is a reasonable expectation that an employee will be placed in a different position upon return from a temporary out-of-province assignment, NSS will identify and notify the employee of potential placements. An employee who is not placed within 30 days of completion of the assignment and return to Ontario shall have the right to be redeployed in accordance with Article 64. |
| 6.4 |
Employment Continuity During Temporary Out-of-Province Assignment |
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6.4.1 |
Employees on temporary out-of-province assignments will be neither advantaged nor disadvantaged with respect to rights under Employment Continuity upon return from the assignment. When an employee's pre-assignment position has been included in a Unit of Application for redeployment under Article 64, the employee will be redeployed in accordance with Article 64. |
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The Joint Redeployment Planning Team (JRPT) will consider issues such as:
- the number of employees within the unit of application who are on temporary out-of-province assignments;
- the duration of the assignments;
- the seniority of the affected employees;
- the qualifications of the affected employees;
- the ability to factor the employee into the ongoing joint planning efforts (i.e., will the employee be returning during or shortly after the joint planning process);
- the ability to fill positions in the new organization on a temporary assignment basis in order to accommodate a returning employee;
- the need to fill positions in the new organization on a continuing basis;
- the need to keep employees apprised of developments within their unit of application that may impact on their job status during the assignment.
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6.4.2 |
If an employee is declared surplus while he/she is on temporary out-of-province assignment, the employee will be notified and all surplus entitlements will be deferred until the employee completes the assignment and returns to Ontario. |
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6.4.3 |
An employee on temporary out-of-province assignment who is subject to redeployment under Article 64 in his/her absence and the JRPT determines: |
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a) |
the employee would have been matched to a position by virtue of seniority and qualifications and is, therefore, deemed not surplus; and |
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b) |
the employee will not be matched in the redeployment; then the employee will be entitled to treatment under Section 6.3 above.
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| 7 |
MID-TERM AGREEMENTS - BUSINESS UNITS |
| The following principles were developed by the JSMC to govern negotiations of Mid-Term Agreements at the Business Unit level that may alter by joint agreement an item or a range of items found in Attachment A. |
| 7.1 |
Principles |
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a) |
There is a need for a negotiating forum that is capable of responding quickly to unique local conditions and circumstances within the Business Unit, including specific legal requirements that may be applicable to a Business Unit, consistent with the principles in Article 1. |
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b) |
Joint negotiations on items and issues specific to the employees within one Business Unit may occur at that level rather than the JSMC / NSS level to the extent that such issues can be resolved there. |
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c) |
It is the intent that Business Unit negotiations provide for increased efficiency and effectiveness in the bargaining interface with Society overall. |
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d) |
It is the intent that Mid-Term Agreements entered into by one Business Unit will not prejudice other Business Units. |
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e) |
It is the intent that Mid-Term Agreements signed by individual Business Units will not impede the mobility of employees outside of, or within, the Business Unit in pursuing their career objectives, or form barriers for employees transferring between Business Units. |
| 7.2 |
Issues That May be the Subject of Business Unit Mid-Term Agreements |
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The JSMC agrees that Business Units have local authority to enter into Mid-Term Agreements with The Society on the items listed in Attachment A. Such Mid-Term Agreements will be included in a mid-term section of the Collective Agreement. The terms of the Mid-Term Agreement will specify if they are to augment, amend, supersede, or run concurrently with the general provisions in the Collective Agreement. The provisions of the Collective Agreement represent the default where local negotiations either do not take place or fail to come to an agreement. |
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Attachment A may be amended by joint agreement at the JSMC at any time in accordance with the above-stated principles. |
| 7.3 |
Approvals |
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Mid-Term Agreements on items listed in Attachment A will be signed by the Business Unit leader (or equivalent) and the Unit Director(s) whose unit encompasses The Society members in the Business Unit or a Principal Officer from within the Business Unit, subject to the normal internal review and ratification process. Other items developed at the Business Unit level are subject to JSMC approvals as set out in Section 99.2. |
| 7.4 |
Scope |
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Agreements signed at the Business Unit level apply within that Business Unit only and will not be used by either party as a precedent or an example of how to interpret the Collective Agreement. |
| 7.5 |
Duration |
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Such agreements will have either expiry dates, which may go beyond the life of the Collective Agreement, and/or cancellation clauses. Upon expiry or cancellation, the normal provisions of the Collective Agreement apply unless otherwise agreed. |
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Prior to negotiations at the JSMC for the purpose of renewing the Collective Agreement, a joint committee at the Business Unit level may meet for a fixed period of time to address items put forward by either party including the renewal of Mid-Term Agreements. If a settlement is not reached, items may be forwarded, by either party, to the JSMC for resolution through the normal dispute resolution processes including mediation-arbitration. |
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Mid-Term Agreements are subject to the same grievance and arbitration provisions as are other items in the Collective Agreement unless otherwise agreed to by the parties. |
| 7.6 |
Responsibilities |
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Each party will appoint an equal number of representatives to a Joint Society/Business Unit Team which may include resource persons from outside the Business Unit. Management recognizes that the effectiveness of negotiations and joint processes at the local level depends on Society representatives having adequate time off from normal duties to prepare/negotiate agreements. As such, the Business Unit will commit to providing reasonable time for the preparation and negotiation of local issues. Participation on joint teams will not be used to limit or adversely bias an employee's standing in job competitions or performance evaluations.
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Attachment A |
| Item |
Collective Agreement Reference |
| Performance Pay Complaints (administration only) |
Section 21.3 |
| TMS Relativity Payment Formula |
Sections 30.1 & 30.2 |
| Holiday Shutdown |
Section 39.1.4 |
| Minimum Moving Distance (eligibility only) |
Section 52.2 |
| Extension of 12 Week Decision Period (Relocation) |
Subsection 52.3.3 |
| Lump Sum Payments in Lieu of Expenses |
Subsection 52.3.3 |
| Compensation When Assigned to Temporary Work Headquarters |
Article 55 |
| On-Call Service |
Article 56 |
| Travel Time |
Article 58 |
| Shift Work (M&P, TMS/TS, OSS) |
Article 59 (except 59.3) |
| Shift Work (FM&P) |
Article 60 |
| Compensation and Working Conditions - 12 Hour Shift Schedule |
Article 61 (except 61.2 and 61.3) |
| Shift Turnover |
Article 62 |
| Compensation for Authorization as a Nuclear Shift Supervisor |
Article 63 |
| Alternate Hours of Work Arrangements |
Article 70 |
| Reduced Hours of Work (RHOW) Arrangements |
Article 71 |
| Work Sharing |
Article 73 |
| Assignment of Non-Bargaining Unit Work During a Strike/Lockout |
Section 74.2 |
| Teleworking |
Article 75 |
| Preferred Parking Arrangements |
Article 79 |
| Special Clothing |
Article 80 |
| Personal Time Off |
02-03-04 June 1989 HRPP |
| Bush Fire/Volunteer Fire Fighting |
Article 82 |
| Deferment/Interruption of Vacation |
Article 38.15 |
| Extreme Winter Weather Conditions |
Article 84 |
| Commuting Allowance |
04-02-06 January 1992 HRPP p.4 & p.21 |
Business Unit Mid-Term Agreement Nuclear Unit of Application Future Downsizing (November 17, 1993) |
MT #2 | |