| 87 |
REPRESENTATION ON OPG COMMITTEES |
The parties recognize the roles and responsibilities of appointees to committees and task forces, i.e., as a representative of Management on the one hand, and The Society, on the other. When an employee represented by The Society is appointed by Management, his/her responsibility is to Management. When he/she is appointed by The Society, his/her responsibility is to The Society. This role distinction should be made clear at the time of appointment. Notwithstanding the above, and in keeping with Subsection 2.4 (Supervisory Employees - Code of Ethics), Management will endeavour to appoint its representatives having regard to The Society's interests in effective representation.
|
| 88 |
ARTICLE 88 HAS BEEN DELETED |
|
| 89 |
TRIPARTITE AGREEMENT ON JOINT HEALTH AND SAFETY COMMITTEES |
| OPG and The Society agree to adhere to the Tripartite Agreement below: |
| TRIPARTITE AGREEMENT ON JOINT HEALTH AND SAFETY COMMITTEES |
| PRINCIPLES OF AGREEMENT between the employer, the Power Workers Union and The Society concerning the establishment or modification of Joint Health and Safety Committees to meet the requirements and intent of The Occupational Health and Safety Act, as amended by Bill 208. |
| 1. |
SIZE AND COMPOSITION OF JOINT HEALTH AND SAFETY COMMITTEES |
|
That the size of JHSCs will be determined through discussions and agreement between the three parties. |
|
That the PWU and The Society shall comprise a minimum of 75% of the JHSC membership with the relative percentage of PWU and Society JHSC members being determined by these two parties based on criteria including but not limited to representation by population and historical make-up. Neither union shall have less than 25% of the total number of Committee representatives nor more than 50%. Disputes regarding numbers shall be referred to the Executive level of the PWU and Society for resolution and if agreement is not reached, to an arbitrator mutually agreed upon by the parties for binding resolution. |
|
That Management's Committee representatives will be from outside of PWU and Society jurisdiction. |
|
That the status, rights and treatment of all representatives on the JHSCs will be equal. |
|
That the meetings of the JHSC will be chaired on a rotating basis by the Co-Chair of each party represented on the committee. |
| 2. |
TRAINING AND CERTIFICATION |
|
That all JHSC members will be trained and certified. Training and certification will be jointly determined and in accordance with legal requirements and the PWU and Society Authority to Stop Work Agreements, with the costs to be borne by the employer. |
| 3. |
POLICY COMMITTEE (NON-LEGISLATED) |
|
That a corporate-level Health and Safety Policy Committee shall be established to participate in the formation and evaluation of health and safety strategy and policy, to resolve policy-level issues impacting on tripartite health and safety initiatives including the Work Protection Code and Corporate Safety Rules |
|
That the Policy Committee be comprised of an equal number of senior representatives from The Society, the PWU and Management. |
|
That the parties will each select their respective committee members. |
|
That the Policy Committee hall meet at least once per quarter. |
|
That the employer shall provide the resources and training that the Policy Committee deems necessary with costs to be borne by the employer. Training development and delivery will be jointly determined. |
|
That the Policy Committee shall receive a formal response to its input to policies/programming within 30 days. |
| 4. |
ANNUAL EXPERIENCE REVIEW |
|
That each year, upon request by any one of the parties to this Agreement, an experience review by undertaken by the parties of the benefits and difficulties of implementation of the Agreement and the impacts of organizational changes. |
| 5. |
AMENDMENTS TO THE AGREEMENT |
|
Amendments to the Agreement may be made at any time by the parties with mutual agreement in writing. If mutual agreement cannot be reached, the parties will refer to an arbitrator, mutually agreed upon by the parties, for binding resolution.
|
| 90 |
AUTHORITY TO STOP WORK |
| 90.1 |
Authority to Stop Work |
|
90.1.1 |
Where a workplace is unsafe, a certified worker and management member of the local Joint Health and Safety Committee (JHSC) can jointly prevent the start of the work or stop the work. |
|
90.1.2 |
Where there is a disagreement between the certified worker or certified management member of the local JHSC that the workplace is unsafe, the issue shall be immediately presented to the local JHSC for review and resolution. |
|
90.1.3 |
Where "dangerous circumstances"* exist, a certified worker or management member of the local JHSC can stop the work. After calling the work stoppage the certified worker or management member must contact the respective counterpart immediately and seek to obtain joint agreement on the stoppage as soon as possible. If joint agreement cannot be reached the issue shall be presented to the local JHSC for review and resolution. |
|
90.1.4 |
In cases where the JHSC cannot resolve issues arising from 2 or 3 above, the Ministry of Labour Inspector shall be called in for resolution. Where necessary, the Ministry of Labour may call the Canadian Nuclear Safety Commission (CNSC). |
|
|
* Dangerous Circumstances: as defined by the Occupational Health and Safety Act, Section 44. |
| 90.2 |
Training/Certification |
|
90.2.1 |
The Joint Health and Safety Working Committee shall fully participate in and approve the development of any specialized training program for all members of the Joint Health and Safety Committees (JHSCs). |
|
90.2.2 |
The Joint Health and Safety Working Committee shall fully participate in and approve the development, implementation and administration of testing and re-testing standards for all members of the JHSCs. |
|
90.2.3 |
The Joint Health and Safety Working Committee shall fully participate in and approve the establishment of a specific Training/Certification program for members of the JHSCs. |
|
90.2.4 |
The Joint Health and Safety Advisory Working Committee shall fully participate in and approve the development, implementation and administration of testing and re-testing standards for accrediting JHSC members into the Certification program. Such standards shall be equal to or greater than those established by regulatory standards. |
| 90.3 |
Responsibility and Accountability |
|
There shall be a shared responsibility and accountability by the unions and Management for the actions of the certified members of the JHSCs. |
| 90.4 |
Compensation and Discipline |
|
It is understood that employees directly or indirectly affected by the application of this policy will not suffer any loss of wages or disciplinary action. |
| 90.5 |
Decertification |
|
Should a certified member fail to act in good faith, the Joint Health and Safety Working Committee shall review the representative's action and make appropriate decisions. |
|
Where there is disagreement regarding the action of the certified member at the Joint Health and Safety Working Committee, the issue shall be taken to the Tripartite Health and Safety Policy Committee for resolution. |
| 90.6 |
Assessment |
|
The Tripartite Health and Safety Policy Committee shall authorize the assessment of the effectiveness of this agreement from time to time.
|
| 91 |
HEALTH AND SAFETY DISPUTES |
| 91.1 |
Except for disputes involving the principles set out in the Tripartite Agreement on Joint Health and Safety Committees, all other disputes involving allegations that the employer has violated the provisions of the Occupational Health and Safety Act (OHSA) will not be subject to the provisions of the grievance/arbitration procedure except where provided for by the legislation itself. The parties will attempt to resolve such disputes at the lowest level possible. Failing resolution, the dispute may be forwarded to the Ministry of Labour for final resolution. |
| 91.2 |
Disputes which involve interpretations about Sections of the OHSA, or any of its associated regulations will be resolved in accordance with the procedure set out in the joint agreement "Handling Legislative and Regulatory Impasses Pertaining to the Occupational Health and Safety Act and its Associated Regulations" dated December 5, 1991.
|
| 92 |
JOINT HEALTH AND SAFETY COMMITTEES |
| 92.1 |
The employer will provide a Joint Policy Committee in which Society representatives are able to address the health and safety concerns of employees with Management of various levels. |
| 92.2 |
All Society-represented employees are entitled to representation on joint health and safety committees and to associated training. |
| 92.3 |
There are to be three levels of representation:
- OPG/Board level (JSMC)
- Corporate Health and Safety/Society working committee level (based on the following Terms of Reference)
- Local workplace level health and safety committees
|
Terms of Reference - September 27, 1989
Joint Working Committee on Health and Safety
|
|
| 1.0 |
Goal |
|
Provide recommendations to assist the Health and Safety Division in the development, implementation and evaluation of OPG employee health and safety policy and programs. |
| 2.0 |
Personnel |
|
Director, Safety, and other Management staff as deemed necessary from time-to-time. |
|
Chairperson of Society Health and Safety Committee and other Society members or a staff advisor to a maximum of five. |
|
The Chair will rotate between the Director, Safety, and Chair of The Society Health and Safety Committee. |
| 3.0 |
Function |
|
Participate in the identification and resolution of problems and issues of OPG significance in employee health and safety policy and practice. |
|
Participate in the development, promotion and implementation of OPG health and safety programs. |
|
Meet the provisions of 90.5, 90.8 and 90.9. |
|
The Committee will meet quarterly or as mutually agreed. |
|
OPG will pay the expenses related to jointly agreed projects undertaken by or on behalf of the Joint Working Committee on Health and Safety. | |
|
| 92.4 |
Employee Health and Wellness |
|
The parties are currently involved in a tripartite Corporate Health Team that is examining and implementing recommendations related to employee wellness. If this committee disbands, a joint sub-team will be established to provide information and recommendations to JSMC on employee health and wellness. |
| 92.5 |
Employee Family Assistance Program (EFAP) |
|
The Society will have input into management's review of EFAP programs. |
| 92.6 |
OPG agrees to consult with The Society regarding new health and safety policies and procedures and regarding changes to existing health and safety policies or procedures except where provided for by the legislation itself. The Society will be given a reasonable amount of time to comment prior to implementation. |
| 92.7 |
It is understood that Health and Safety representatives will be afforded the necessary time to perform duties in accordance with the Ontario Occupational Health & Safety Act, Letters of Understanding and all other relevant documents which may or may not form part of the collective agreement (such as Tripartite Agreements and Corporate Policies) without loss of wages. |
|
Absence from work due to the representative's involvement should not negatively impact on his/her performance appraisal.
|
| 93 |
JOINT SOCIETY-MANAGEMENT COMMITTEE (JSMC) |
Negotiations between OPG and The Society shall take place through a Joint Society-Management Committee (JSMC) to which each body will appoint an equal number of representatives. Negotiations shall be conducted in good faith and both parties shall make every reasonable effort to reach agreement on matters of mutual interest as expeditiously as possible.
|
| 94 |
PROBLEM-SOLVING TEAMS |
| 94.1 |
The parties agreed that during the term of the Collective Agreement, problem-solving teams will be established in order to examine the following issues: |
|
a) |
Performance Pay |
|
|
Task - A joint team is committed to develop a new performance pay plan. |
|
b) |
Benefits |
|
|
Task - A joint team will examine and make recommendations on the administration of employee benefits, including cost management of the plans, and for presenting data on employee benefits items as assigned by the JSMC. This joint team will provide a forum for dialogue on employee benefits during the term of the renewed Collective Agreement. |
|
|
Team Membership - Three representatives and one staff resource from each party plus additional resources as may be needed from time-to-time. |
|
c) |
Total Compensation |
|
|
Task - The parties will hereby undertake to continue work as per Article 15 and subsection 97.2 (f) on developing appropriate internal comparisons, an external community for comparison and criteria for measuring total compensation. |
|
|
Team Membership - Three representatives and one resource from each party and additional resources as may be needed from time-to-time. |
|
|
Due Date - The team will file its joint report with the JSMC. Failing such agreement either party may refer the outstanding differences to an arbitrator for a final and binding decision. |
|
d) |
Pension Governance and Control |
|
|
The parties agree to establish a committee to have access to reasonable pension plan and pension fund information (subject to the understanding that certain confidential information will not be available, and such confidential information that is supplied will be maintained in confidence by the committee/resource persons), and to explore the feasibility and advisability of: |
|
|
i) |
a new governance framework; |
|
|
ii) |
creation of a pension plan/fund for Society members only; |
|
|
iii) |
obtaining information that may be relevant to successorship issues; |
|
|
iv) |
obtaining information provided to the Board Finance and Audit Committee dealing with the Pension Plan and Fund. |
|
|
The committee shall be composed of six members, three to be selected by OPG and three to be selected by The Society. Each party shall have the right to have resource persons attend meetings and assist the members of the committee with their deliberations.
|
| 95 |
PUBLICATION OF COLLECTIVE AGREEMENT |
| All Society-represented staff should have personal access to a copy of the Collective Agreement. The preferred method is to provide access to this Agreement via an electronic basis such as Intranet. Where there is no access to Intranet the document could be distributed via disc. |
OPG agrees to print sufficient copies for distribution to all elected Society representatives and to those employees without access to computer technology. The cost of printing the copies that are required (to be determined by joint agreement) will be shared on the following basis: 75% OPG; 25% (Society).
|
| 96 |
USE OF OPG COMPUTER FACILITIES |
| 96.1 |
The Society may make use of any of the services provided by Information Systems Group to OPGI-Nuclear line units. |
| 96.2 |
The Society will be treated identically to OPGI-Nuclear line with respect to service standards, procedures and support. |
| 96.3 |
The price charged for the service will be the published rates of the Computer Centre plus the charge for administration, referred to as General Overhead which may change. |
| 96.4 |
Information regarding these services, e.g., technical support, manuals, billing structure, training, etc., may be obtained from the ISG. |
| 96.5 |
The Society will seek approval from the appropriate authorities prior to accessing or attempting to access any line units application programs or data. Any infringement of this condition by a Society member will be grounds for cancellation of this Article. |
| 96.6 |
The services provided under this Article are to be used only for the purposes of assisting in the conduct of normal Society business and for provisions of service to its members. |
| 96.7 |
Society data and programs may be protected from access by others by taking advantage of existing password mechanisms. It is The Society's responsibility to make arrangements to utilize such mechanisms.
|
| 97 |
STATUS OF CERTAIN CORPORATE POLICIES AND PROCEDURES |
| 97.1 |
OPG will not terminate or alter the terms of the OPG policies and procedures listed below without the agreement of The Society during the term of this Agreement. Prior to December 31, 2000, the parties will review the language of these policies and procedures for possible inclusion in the Collective Agreement. |
| 97.2 |
The following policies and procedures are subject to the grievance/arbitration provision of the Collective Agreement (Article 16). |
|
The corresponding Human Resources Policies and Procedures reference and policy date are given in parentheses. |
|
a) |
Personal Accident Insurance Plan (03-05-01, December 1988) |
|
b) |
Remembrance Day (02-02-01, p.5, May 1981) |
|
c) |
World Class Sports Events (02-03-13, May 1979) |
|
d) |
Educational Leave (02-03-02, October 1982) |
|
e) |
Annual Training - Reserve Forces (02-03-10, August 1991) |
|
f) |
Report and Recommendations of Total Compensation Team (October 1992) |
|
g) |
Self-funded Sabbaticals (08-02-03, October 1987)
|
| 98 |
CODE OF CONDUCT |
Where OPG develops a Code of Conduct, it shall make reasonable efforts to apprise The Society and employees of the contents thereof prior to implementing the same.
|
| 99 |
LETTERS OF UNDERSTANDING & MID-TERM AGREEMENTS |
| 99.1 |
Letters of Understanding and Mid-Term Agreements will form part of this Collective Agreement. Letters of Understanding are found in Part XVI. Mid-Term Agreements are found in Part XVII. |
| 99.2 |
Letter of Understanding |
|
99.2.1 |
Intent |
|
|
A Letter of Understanding may serve the following purposes:
- amend or add to the current provisions of the Agreement;
- elaborate/clarify the intentions of a provision of the Collective Agreement;
- establish provisions for issues not covered by the Agreement.
|
|
99.2.2 |
Grievance/Arbitration |
|
|
Letters of Understanding are subject to the same grievance and arbitration provisions as are other items in the Collective Agreement. |
|
99.2.3 |
Approval |
|
|
Letters of Understanding must bear the signatures of both the Co-Chairs of the JSMC or their designates. |
|
99.2.4 |
Duration |
|
|
The parties agree that, for the most part, Letters of Understanding should contain "sunset clauses". In those cases where such a clause has not been put into a Letter of Understanding, The Society and OPG will at some time during Collective Agreement negotiations determine the status of each such Letter of Understanding (e.g., incorporate in to the Collective Agreement, delete it, extend it, etc.). |
| 99.3 |
Mid-Term Agreements |
|
Article 7 sets out the principles, grievance/arbitration status, approvals and duration of Mid-Term Agreements. Items which are not subject to Mid-Term Agreements at the Business Unit level may be referred by the Business Unit to the JSMC. Any Agreements approved by the JSMC through this process will be set out in a Letter of Understanding. |
| 99.4 |
Note to Letters of Understanding and Mid-Term Agreements |
|
OPG and The Society have not amended all Letters of Understanding or Mid-Term Agreements to reflect the separate Collective Agreement status of OPGI-Nuclear. It is agreed, however, that the commitments, terms and conditions in these Letters of Understanding and Mid-Term Agreements will be binding on OPGI-Nuclear in the same manner as they were applied to Ontario Hydro, to the extent that they are applicable to OPGI-Nuclear.
|
| 100 |
ARTICLE 100 HAS BEEN DELETED |
|
| 101 |
NOTE TO PART XV - APPENDICES |
OPG and The Society have not amended all the Appendices in Part XV to reflect the separate Collective Agreement status of OPGI-Nuclear. In particular, the Appendices dealing with the Voluntary Recognition Agreement and subsequent amendments are historic documents and, therefore, references to "Ontario Hydro" have been maintained. It is agreed, however, that the commitments, terms and conditions in these Appendices shall apply to OPGI-Nuclear in the same manner as they were applied to Ontario Hydro, to the extent that they are applicable to OPGI-Nuclear.
|
| 102 |
DECONTROL/ CHANGE OF EMPLOYER |
| 102.1 |
This Article shall apply to any sale, lease, transfer or any other transaction between the Company and any other entity, by virtue of which the ownership or control over any part of the Company's business or assets becomes held by such other entity and some or all of the Company's employees become employees of a new employer as part of the commercial transaction. |
| 102.2 |
The company recognizes the importance of securing for employees' opportunity for continuing employment with a new employer and are committed to securing such opportunity for employees in a business or asset to be decontrolled. |
| 102.3 |
In addition to Article 11, the Company further agrees that it shall provide in writing to The Society at the earliest possible time prior to the transaction, but in any event at least sixty days before the transaction closure, all available information relating to the new employer that is relevant to employees to the extent that circumstances reasonably permit. The Society agrees that confidentiality will be maintained. |
| 102.4 |
Sequence of Events |
|
Effective on the date the Company officially announces an intent to conduct a transaction in accordance with Article 102.1, the following will apply: |
|
i. |
Until such time as staff positions and numbers to be transferred to the new employer are provided to The Society, employees may apply to vacancies in accordance with the collective agreement. All applications from employees in the affected businesses or assets for laterals and demotions will be processed and considered unless the move would seriously jeopardize the viability of the work unit. Applications for promotions will not be blocked under any circumstances. Disputes arising out of the blocking of applications will be dealt with via an expedited process. |
|
ii. |
Commencing on the date that affected staff, positions and numbers to be transferred to the new employer are provided to The Society, displacements into and selections into or out of the businesses or assets affected will cease. |
|
iii. |
The Company will make Article 64.4.4 (voluntary separation) as applied to 64.9 available to employees in businesses or assets where the number of employees exceeds the new employer's needs. With the agreement of The Society, Management may offer other voluntary separation incentives such as focused pension incentives, retirement bridges, etc. |
|
iv. |
The Company will make available a voluntary separation option to employees eligible for an undiscounted pension with a retirement allowance of 52 weeks. |
|
v. |
Employees affected by the change of employer will be asked to state in writing their intention to accept continuing employment with the new employer. |
|
vi. |
Employees who indicate their willingness to accept continuing employment with the new employer but where there are fewer positions available than willing employees, will be placed through an expedited mix and match process involving the following steps with a viability check after each step: |
|
|
1. |
Incumbent matching |
|
|
2. |
Matching to lateral vacancies in the same location (Volunteer/Force) |
|
|
3. |
Volunteering for location change and/or a demotion. |
|
vii. |
Employees who indicate their willingness to accept continuing employment and for whom a position is available will transfer to the new employer. |
|
viii. |
Employees who have indicated their willingness to accept continuing employment with the new employer and for whom there is no position available will be treated in accordance with Article 64. |
|
ix. |
Employees who indicate that they are not willing to continue employment with the new employer will be entitled to severance of two weeks per year of service, not to exceed 26 weeks. Employees may elect to take such severance as a lump sum amount, or in weekly amounts, during which time they will have recall rights to the company. Weekly payments will cease on the date an employee is recalled. Employees with recall rights will be considered for vacancies in the bargaining unit as per Article 65.6.3 (f), including their right to grieve non-selection (refer to Subsection 65.6.3). Severance pay received prior to recall will be subtracted from any future severance pay entitlements under this Article. |
|
|
All employees in this sub-section (ix.) will also be entitled to the following: |
|
|
a) |
Coverage under OPG's Health and Dental Plan for a period of six (6) months from the date of termination of employment or until the commencement of alternate employment whichever occurs first; |
|
|
b) |
Reimbursement for tuition fees and other associated expenses up to a maximum of $5000.00 upon production of receipts from an approved educational program within 12 months of his/her termination; |
|
|
c) |
Reimbursement of outplacement services up to a maximum value of two weeks salary (e.g. Outplacement counselling, legal or financial counselling, external job search expenses.), upon production of receipts. |
|
ix. |
Management may, in consultation with The Society, offer the voluntary severance package under Article 64.4.4 (voluntary separation) as applied to 64.9 to an employee to avoid a displacement. |
| 102.5 |
If, within eighteen months of the transfer, the new employer reduces the number of employees and the transferred employee is declared surplus and terminated the employee(s) laid off will be entitled to a one time lump sum payment of one week per year of service with OPG and the new employer. The obligation to pay the laid off employee is contingent upon the employee being severed from employment without recall rights with the new employer. |
|
The additional payment of one week per year of service will not apply where the permanent layoff is due to:
- Strike
- Lockout
- Accident or catastrophic event
- Force Majeure/natural disaster
- Temporary Plant shutdown
The obligation to make the payment of one week per year of service will not apply if any employee has successfully challenged the layoff for any reason and has filed a grievance successfully seeking reinstatement. |
|
For employees in a Change of Employer situation where the new employer is not a competitor of OPG who are subject to involuntary layoff by the new employer, in addition to the cash payment of one week per year of service, the employee may have recall rights in OPG for 26 weeks. Employees recalled within the 26 weeks must pay back the balance of any cash payments based on their service and the date of recall (e.g. a 20 year employee who is recalled at the 5 week mark would pay back 15 weeks).
|
| 103 |
CHANGE OF EMPLOYER TRANSITION PROVISIONS |
On or after January 1, 2005, any employee who is made subject to a "Change of Employer" under Article 102 and who is a successful applicant to a position in OPG within three years of being transferred to the new employer shall be entitled to restoration of the following:
- Sick Leave Credits and entitlement to LTD (under their previous Sick Leave/LTD plan);
- Restoration of ECD and SRD and all entitlements which are linked to service credits except as noted below;
Restoration will be based on the value or length of service as of the date of transfer to the new employer, plus service and sick leave credits accrued with the new employer. For further clarity, the total of such service and credits would not exceed the amount the employee would have if they had remained with OPG. |
| The employee's EEV, if any, shall be based on their original date of hire with OPG or Ontario Hydro. Furthermore, the employee will not be required to serve a probationary period. |
Pension transferability will be governed by Reciprocal Pension transfer agreements, if any.
|
| 104 |
STATION CLOSURE |
Where possible the Society shall be notified at least 120 days in advance of a station closure. The parties will meet to discuss the impact of the closure on the bargaining unit and the collective agreement impacts.
|
| 105 |
CHANGE OF WORK HEADQUARTERS |
The Nuclear East sites will be defined as:
- Pickering including a 5km radius around the station and including the following locations:
- 675 Sandy Beach Road
- 1400 Bayly Street
- 1480 Bayly Street (NTD)
- 1315 Pickering Parkway (Picore)
- 777 Brock Road
- 813 Brock Road
- 889 Brock Road
- 100 Westney Road
- 230 Westney Road South
- 339 Westney Road South
- 1105 Kingston Road
- 1175 Squires Beach Road
- 1910 Clements Road
- Darlington including a 5km radius around the station
- Whitby Health Services including a 5km radius around the site and including the following locations:
- 55 Athol St.,
- 1549 Victoria St. E.,
- 2255 Forbes Street
- 1600 Champlain Avenue,
- Wesleyville including a 5km radius around the site
|
