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Part XVII: Business Unit Mid-Term Agreements

#2 RE: NUCLEAR UNIT OF APPLICATION - FUTURE DOWNSIZING
The Collective Agreement between Ontario Hydro and The Society stipulates that if the parties do not agree to the size of the organizational unit for the identification of surplus in future downsizing situations, then the unit size will be the Division/Region.
In order to reduce one of the obstacles in relocating people from one site to another and in keeping with the implementation of the "presence at site" strategy during the re-organization occurring during the fall of 1993, we agree to designate the organizational unit as the Nuclear line of business in the event of a significant future downsizing subject to the following conditions:
1. Significant downsizing would be defined as a re-organization resulting in a Society-represented employee downsizing affecting no less than 10% of the regular Society-represented employees of a division in the Nuclear line of business.
2. This memorandum of understanding is in effect for significant downsizing (as defined in 1. above) identified prior to December 31, 1998.
The terms of this Agreement are in effect until December 31, 1998, unless otherwise agreed to by both The Society and Ontario Hydro Nuclear.
(signed by D.E. Anderson, OHN and C.B. Cragg for The Society - November 17, 1993)

#10 RE: PND LOCAL AGREEMENT FOR #1 SHIFT COVERAGE BY SOCIETY-REPRESENTED EMPLOYEES ASSIGNED TO DAYS
In 1987, a memo was issued to adopt the M&P 12-Hour Shift Task Group recommendations. One recommendation dealt with the pay treatment when Society-represented employees assigned to days are required to work 12-hour #1 shifts (20:00 to 08:00). Recently, we have encountered situations where different interpretations of these guidelines have resulted in inconsistent compensation.
In order to ensure a uniform approach and remain consistent with The Society Collective Agreement, the following guidelines will be adopted if a Society-represented employee assigned to days is required to provide coverage for one to three consecutive #1 shifts. For coverage of greater than three consecutive shifts, the employee will be assigned to the appropriate crew as per The Society Collective Agreement Section 59.2.
Our intent is to clarify timekeeping practices and ensure a consistent approach to compensation - these rules are not retroactive for shifts worked prior to the date of this memorandum.
1. (a) If the day prior to the first #1 shift is a normal scheduled day of work, the employee will be granted that day off, consistent with Section 2.1 of the attached memo and Section 59.2(c) of The Society Collective Agreement.
For example, if the first shift to be covered is a Tuesday #1 shift, the employee will be granted Monday off, reporting to work Monday at 20:00.
Hours worked on the granted day, including the first four hours of the #1 shift, will be paid or banked for future time off at the appropriate premium rate, consistent with Sections 57.1, 57.2, 57.4, and 57.5 of The Society Collective Agreement.
In the above example, the hours worked Monday from 20:00 to 24:00 will be paid or banked at the appropriate premium rate. If the employee is required to work part of the granted day shift (e.g., required to work Monday morning in the example above), those hours worked will be paid or banked at premium rate.
(b) If the day prior to the first #1 shift is a Saturday, Sunday, or statutory holiday, the first four hours of the 12-hour shift will be paid or banked for future time off at premium rates, consistent with Sections 57.2, 57.4, and 57.5 of The Society Collective Agreement.
For example, if the first shift to be covered is a Monday #1 shift, the four hours worked Sunday 20:00 to 24:00 will be paid or banked at double-time.
2. If the #1 shift occurs on a Saturday, Sunday, or statutory holiday, the hours worked from 00:00 to 08:00 will be paid or banked for future time off at premium rates, consistent with Sections 57.2, 57.4, and 57.5 of The Society Collective Agreement.
For example, if the employee works a Saturday #1 shift, the eight hours Saturday from 00:00 to 08:00 will be paid or banked at the appropriate premium rate.
3. When two or more consecutive #1 shifts are worked, hours in the calendar day in excess of the normal number of hours worked per day shall be paid or banked for future time off at premium rates.
If Tuesday #1 shift and Wednesday #1 shift are worked, for example, an additional four hours of overtime will be paid or banked at the appropriate premium rate for the hours worked Tuesday 20:00 to 24:00.
4. The night shift premium will be paid on all hours which are not compensated at premium rates, consistent with Section 2.3 of the attached memo. In example 1(a) above, the night shift premium would be paid for the eight hours worked from Tuesday 00:00 to 08:00.
5. The next shift to be worked following the last covered shift will be the next regularly scheduled day shift, consistent with Section 59.2(d) of The Society Collective Agreement.
In example 1(a) above, the next shift to be worked following the Tuesday #1 shift will be the regularly scheduled Wednesday day shift.
Several examples of #1 shift pay treatment for 40 hour/week and 35 hour per week employees are provided on the following pages.
As per The Society Collective Agreement Section 61.9.8, all hours worked during the #1 shift will be recorded and treated as if they occurred during the calendar day in which the shift ends. The time code "N" should be entered on the timesheet if the #1 shift is worked on a normal scheduled day of work; otherwise (i.e., for Saturdays, Sundays, or statutory holidays) the time code "R" should be used.
(prepared by Randy Leavitt, approved by Frank Vanderbruggen for The Society, John Walker for The Society, and Mike Williams for Management)
Tuesday #1 Shift Worked by 40 Hour/Week Employee Assigned to Days
Thu Fri Sat Sun Mon Tue Wed
  08:00 08:00     20:00 08:00 08:00
         
  16:00 16:00         16:00
Timesheet coding D D R R R N D
          61:4.0    
Total hours worked 36            
Compensation 40 hours at normal rate + 4 hours at time-and-one-half + 8 hours of night shift differential


Monday #1 Shift Worked by 40 Hour/Week Employee Assigned to Days
Thu Fri Sat Sun Mon Tue Wed
  08:00 08:00   20:00 08:00 08:00 08:00
       
  16:00 16:00       16:00 16:00
Timesheet coding D D R R N D D
          62:.4.0    
Total hours worked 44            
Compensation 40 hours at normal rate + 4 hours at double-time + 8 hours of night shift differential


Saturday #1 Shift Worked by 40 Hour/Week Employee Assigned to Days
Thu Fri Sat Sun Mon Tue Wed
  08:00 20:00 08:00   08:00 08:00 08:00
       
  16:00       16:00 16:00 16:00
Timesheet coding D R R R D D D
    61:4.0          
      71:8.0        
Total hours worked 44            
Compensation 40 hours at normal rate + 12 hours at time-and-one-half


Tuesday and Wednesday #1 Shifts Worked by 40 Hour/Week Employee Assigned to Days
Thu Fri Sat Sun Mon Tue Wed
  08:00 08:00     20:00 08:00  
           
  16:00 16:00       20:00 08:00
Timesheet coding D D R R R N N
          61:4.0 61:4.0  
Total hours worked 40            
Compensation 40 hours at normal rate + 8 hours at time-and-one-half + 16 hours of night shift differential


Monday and Tuesday #1 Shifts Worked by 40 Hour/Week Employee Assigned to Days
Thu Fri Sat Sun Mon Tue Wed
  08:00 08:00   20:00 08:00   08:00
         
  16:00 16:00     20:00 08:00 16:00
Timesheet coding D D R R N N D
          62:4.0 61:4.0  
Total hours worked 48            
Compensation 40 hours at normal rate + 4 hours at double-time + 4 hours at time-and-one-half + 16 hours of night shift differential


Saturday and Sunday #1 Shifts Worked by 40 Hour/Week Employee Assigned to Days
Thu Fri Sat Sun Mon Tue Wed
  08:00 20:00 08:00   08:00 08:00 08:00
       
  16:00   20:00 08:00 16:00 16:00 16:00
Timesheet coding D R R R D D D
    61:4.0 71:8.0        
      61:4.0 72:8.0      
Total hours worked 56            
Compensation 40 hours at normal rate + 16 hours at time-and-one-half + 8 hours at double-time


Tuesday #1 Shift Worked by 35 Hour/Week Employee Assigned to Days
Thu Fri Sat Sun Mon Tue Wed
  08:15 08:15     20:00 08:00 08:15
         
  15:45 15:45         15:45
Timesheet coding D D R R R N D
          61:4.0 71:1.0  
Total hours worked 33            
Compensation 35 hours at normal rate + 5 hours at time-and-one-half + 7 hours of night shift differential


Monday #1 Shift Worked by 35 Hour/Week Employee Assigned to Days
Thu Fri Sat Sun Mon Tue Wed
  08:15 08:15   20:00 08:00 08:15 08:15
       
  15:45 15:45       15:45 15:45
Timesheet coding D D R R N D D
        62:4.0 71:1.0    
Total hours worked 40            
Compensation 35 hours at normal rate + 4 hours at double-time + 7 hours of night shift differential


Saturday #1 Shift Worked by 35 Hour/Week Employee Assigned to Days
Thu Fri Sat Sun Mon Tue Wed
  08:15 20:00 08:00   08:15 08:15 08:15
       
  15:45       15:45 15:45 15:45
Timesheet coding D R R R D D D
    61:4.0          
      71:8.0        
Total hours worked 40            
Compensation 35 hours at normal rate + 12 hours at time-and-one-half


Tuesday and Wednesday #1 Shifts Worked by 35 Hour/Week Employee Assigned to Days
Thu Fri Sat Sun Mon Tue Wed
  08:15 08:15     20:00 08:00  
           
  15:45 15:45       20:00 08:00
Timesheet coding D D R R R N N
          61:4.0 71:1.0  
            61:4.0 71:1.0
Total hours worked 38            
Compensation 35 hours at normal rate + 10 hours at time-and-one-half + 14 hours of night shift differential


#12 RE: COMPENSATION & WORKING CONDITIONS - 12-HOUR SHIFT SCHEDULE
1. The following Mid-Term Agreement will be applicable to Hydroelectric employees in the Commercial Resource Management Centre when working a 12-hour schedule.
2. General Provisions
2.1. The 12-hour shift schedule will average the regular scheduled hours per week for employees and will indicate the days and hours of work (shift) for each employee. Payment will be determined in accordance with this Mid-Term and as outlined in Article 59 of the Collective Agreement ("Shift Work (M&P, TMS/TS, 0SS, SCO)".
2.2. The implementation of 12-hour shift work will be on the understanding that its application will not result in any appreciable increase in cost to Hydroelectric.
2.3. Hydroelectric or The Society Board of Directors shall have the right to terminate 12-hour shift work. Written notice must be provided by the Department Manager to The Society President or vice versa.
a) If the notice is two months prior to the end of the current schedule, 2-hour shift work will terminate at the end of the current schedule. Reason(s) for termination will be provided by the respective party.
b) The 12-hour shift schedule may be canceled immediately by Hydroelectric should any of the following be adversely affected: safe operation of plant; health of shift workers; public safety.
c) When employees at any Department have exercised the right to opt out of time-balanced 12-hour shift work, no new 12-hour shift work may be introduced for those employees without the mutual agreement of local management and the local Society Unit Director.
2.4. All policies and Agreements which normally apply to employees will continue to apply unless specifically stated otherwise in this Mid-Term.
3. Shift Differential
A shift differential of $1.10 per hour worked will be paid to 12-hour shift employees for each night shift hour worked, in accordance with Article 59.3 ("Shift Work (M&P, TMS/TS, OSS, SCO Staff)").
4. Shift Premium
Hourly shift allowances shall be paid to M&P shift workers, for hours worked as follows:

Shift Work on Saturdays and Sundays 50% of 95% of the MP4 reference point rate per hour worked
Shift Work on Statutory Holidays 95% of the MP4 reference point per hour worked.
The statutory holiday shift premium shall be paid on an actual hourly-as-worked basis.
5. Overtime
5.1. Authorized overtime beyond 12 hours of work on scheduled workdays Monday to Saturday inclusive and all hours worked on scheduled days off Monday to Saturday inclusive shall be compensated in accordance with the overtime provisions of this Agreement.
5.2. Authorized overtime beyond 12 hours of work on scheduled workdays which are Sundays or statutory holidays and all hours worked on scheduled days off which are Sundays or statutory holidays shall be compensated in accordance with the overtime provisions of the Collective Agreement.
6. On-Call
6.1. On-call service payments will not be applied to those employees on the Minimum Availability Requirement (MAR) list (see Section 9).
7. Special Conditions
7.1. The following items will be credited for pay purposes on an hour-for-hour basis:
a) Vacation
b) Floating Holidays
c) Sick Leave
d) Time Off Without Pay
e) Travel Time
f) Medical and Dental Consultations - Periods of less than four hours shall not be deducted from sick leave credits.
7.2 In the application of the above-noted items (a), (b) and (c), a reference under the current provisions of this Mid-Term to a "day's" entitlement will mean eight hours. Therefore a 12-hour shift will constitute one and one-half days deducted from credits.
7.3. When an employee is scheduled to work a 12-hour shift and one of the under-noted conditions occurs, a "day" will be considered to be 12 hours.
7.4. Jury duty and attendance at court.
7.5. Funerals.
7.6. Moving Day.
7.7. Time Charges for Attendance at Delegates' Council and meetings of The Society's Board of Directors.
8. The basic statutory holiday and special time off provisions remain unchanged in that time off and pay entitlements will continue to be calculated on an eight-hour basis.
9. Minimum Availability Requirement (MAR) List
9.1. In order that a sufficient number of shift employees are on duty to maintain and ensure a continuous operation at any Department utilizing 12-hour shifts, a MAR List will be prepared.
9.2. A sufficient number of employees, by job classification and qualifications, will be determined by Hydroelectric. Employees will volunteer their willingness to be called in to work in this situation, by placing their name on the MAR List under the day(s) they wish to be called. If there are no volunteers, Hydroelectric reserves the right to assign employees to the MAR List. Employees will not be placed on the MAR List who are scheduled to work on an adjoining shift.
9.3. An employee on the MAR List agrees to be available during the Required Availability Period (RAP), to report to work to cover short-term absence. The RAP is the period of time commencing two hours prior to each shift change and ending one hour after each shift change.
9.4. If an employee whose name is on the MAR List cannot be available for the specified day(s), the employee must arrange for a substitute acceptable to Hydroelectric, whose name then would be added to the MAR List.
9.5. Volunteering or being assigned to the MAR List for RAP periods does not entitle the person to any compensation, i.e., on-call pay, etc., nor does it guarantee that overtime will result.
9.6. In the event that an employee is called to work from the MAR List, he/she will be entitled to overtime premium rates (outlined in Section 61.4) for all hours worked.
10. Time-balanced 12-hour shift work will be introduced in the CRMC Department when the following conditions are met:
10.1. More than fifty percent (50%) of employees who vote in that Department must vote in favour of 12-hour shift work.
10.2. More than fifty percent (50%) of all eligible shift workers who vote in that Department must vote in favour of the 12-hour shift work.
10.3. The process for taking the Vote and counting it will be agreed upon by The Society Unit Director and the Department Managers.
10.4. Employees eligible to vote are those employees in the CRMC normally assigned to shift.
10.5. Although the content, preparation, costing and administration of shift schedules is the sole responsibility of Hydroelectric, the preference of the majority of shift workers in a, department for a particular basic type of schedule will be considered. Such preferences must be made known to Hydroelectric 4 months in advance of the starting date of the new schedule.
10.6. Supernumerary Shifts while working on the 12-hour shift schedule, will be 08:00 - 16:00.
10.7. Three supernumeraries can be exchanged for working two 12-hour regular days off.
10.8. When a regular shift commences before midnight and continues after midnight, all hours during the continuous shift shall, for pay and time balance purposes, be recorded and treated as if they occurred during the calendar day in which the shift ends.
10.9. Exception: The statutory holiday shift premium shall be paid on an actual hourly-as-worked basis.
10.10 Shift workers with a plus or minus four hours time balance assigned to day work or shift for an indeterminate period of time may be required to take off or work a four-hour period respectively, but no payments, premium or otherwise, will apply to such time worked as an extension of a normal eight-hour day to resolve a minus time balance.
10.11 For the day on which an election occurs and up to three days before and after, all employees on a 12-hour schedule will be changed to an eight-hour schedule unless joint agreement is reached to do otherwise.
10.12 A minimum of 48 hours off per pay period except for MAR list needs.
11. An excessive number of 12-hour shifts cannot be worked in sequence. Three would be the maximum for nights and four would be the maximum for days.
(signed by M.K. Robinson on April 25, 1996 for Ontario Hydro, and G. Murphy on May 2, 1996 for The Society)

#13 RE: SOCIETY REPRESENTED EMPLOYEES IN NTS - PERIODIC ASSIGNMENT TO SHIFT WORK (FINAL)
This Agreement, pursuant to Article 72 of the CA, establishes conditions if Society represented staff in Nuclear Technology Services Division of Ontario Hydro Nuclear, are assigned to work shift or provide 24 hour coverage.
1.0 Principle:
Society Represented staff (staff) in NTS may be assigned to shift work or 24 hour continuous coverage work schedules from time-to-time as required. Management will endeavour to equitably distribute assignments taking into consideration business and employee needs.
2.0 Assignment:
Society represented staff, who are assigned to shift work, may be assigned for up to six (6) months in total per year per employee provided that no single period of shift work exceeds three (3) consecutive months. Society represented staff assigned to perform SLAR work may be placed on shift for up to eight (8) months in the year.
When assigned to shift, articles 59, 60, 61, 62 and 70 of the Collective Agreement do not apply except 59.3, 60.3, 60.4, 60.7, 61.3, 61.6 (reference 1995-96 Agreement or subsequent applicable revisions).
3.0 Fiscal Year:
For purposes of this Agreement, a "year" will be a year commencing April 1. The defined fiscal year will not be changed in future periods.
4.0 Shift/Work Schedule Design:
The design of the shiftwork schedule(i.e., length and pattern):
a) may result in scheduled work for an employee on average exceeding normal base hours.
b) will not result in an employee being scheduled to work less than 35 hours on average over pay periods, inclusive of any normal scheduled work on days.
c) will be the same shift length and pattern as the associated PWU crews on shift or 24 hour coverage work schedule when:
i) The PWU Crew is from NTS;
ii) Society Staff must work alongside the PWU Crew to provide supervision or direct support to the work being conducted by the PWU Crew;
unless otherwise agreed.
5.0 Notice:
A minimum seven (7) days notice will be provided when an employees shift schedule is changed or when putting an employee on shift with the following exceptions:
a) Three (3) days notice if a forced unit outage occurs.
The applicability of the three (3) day notice period is dependent upon a shift change notice being issued to the affected employees within 48 hours of the occurrence of the forced unit outage.
b) In cases of illness, four (4) days notice will be given.
Failure to provide the above notice will require payment at the appropriate overtime rates for work performed outside of normal hours during the notice period.
6.0 Overtime:
Work performed outside of scheduled hours is overtime and will be compensated at the appropriate overtime rates.
7.0 Compensation while on shift:
7.1 During each pay period in which scheduled shift hours are worked;
a) All scheduled hours worked, either OR days or on shift, will be credited to the time bank at straight time.
b) The employee will be paid their base pay, and the equivalent number of base hours at straight time will be deducted from the time bank.
c) The employee will be paid the premium and differential portion for scheduled hours worked on weekends, and night shifts during each pay period.
7.2 At the end of the fiscal year, the remaining cumulative hours in the time bank will be paid out, or, time may be taken off at times throughout the fiscal year which are mutually agreeable to management and the employee, as follows:
a) The cumulative total will be divided into groups of 7 hours (or fraction if there is a residual amount).
b) For each group, the first four hours will be at time-and-one-half and the second three hours will be paid at double-time.
c) Negative time balances existing at the fiscal year end will be written off.
d) For purposes of calculating time bank compensation provisions under this Agreement, the number of base work hours in a pay period will be equivalent to the number of current standard hours.
7.3 Periods of time required at the start and end of a shift, to effectively carry out any turnover to the incoming or outgoing crew will not be compensated, if the total time required is less than 30 minutes. Turnovers requiring more time, if authorized by the Superintendent or that person designated by the Superintendent, will be compensated according to the overtime provisions of the Agreement
8.0 Relativity-
8.1 In the event that Society staff are required to work alongside an associated PWU crew as determined under 4(c)(i) and 4(c)(ii) above, who are on a work schedule that provides 24 hour coverage but are not on an assigned shift schedule under a PWU Agreement, equivalent premiums will be paid in lieu of any premium (weekends, shift differentials, time bank) payments as determined under this Agreement.
8.2 When working alongside an associated PWU crew, as described in 8.1, and a minimum payment is provided to the PWU crew for the purposes of maintaining normal base hours, the equivalent treatment will be afforded to The Society staff.
9.0 The implementation plan requirement of Letter of Understanding Re. Peak Work Hours Arrangements (LOU-6), is as follows:
a) This mid-term may be jointly re-negotiated in April of 1998 if requested by either party in advance, and during the month of April of each second year subsequently. Unresolved disputes during this re-negotiation may be referred to the dispute resolution process as defined in Article 72 of the 1995/96 Collective Agreement.
b) The effective start date will be April 1, 1997, which will be declared the start of the fiscal year for purposes of this Agreement.
(signed by B.J. Murdoch on behalf of NTSD and J. Gierlach on behalf of The Society)

#14 RE: SOCIETY REPRESENTATION OF AUTHORIZED NUCLEAR OPERATORS IN ROTATIONS
To implement the OHN Procedure Authorized Nuclear Operator Staffing of Days Based on Rotational Positions within OHN Divisions and the tripartite Memorandum of Understanding addressing matters of union representation dated January 11, 1996 (attached), the undersigned Parties agree:
Ontario Hydro will remit to The Society on a quarterly basis, a dollar amount equal to the weekly dues requirement in effect for Society represented staff.
The funds will be remitted for each week an Authorized Nuclear Operator is on rotational assignment to a position within The Society's jurisdiction, ending at the conclusion of the rotational assignment.
In addition to its jurisdiction over the position, The Society's representational rights and its Collective Agreement shall apply to any employee grievance for which the PWU does not have representational rights under the Memorandum of Understanding.
(signed by D. Ivany for Ontario Hydro and J. Wilson for The Society, dated January 1, 1996)
MEMORANDUM OF UNDERSTANDING
The Authorized Nuclear Operator Career Path Team produced an Ontario Hydro Nuclear (OHN) Procedure titled, "Authorized Nuclear Operator Staffing of Days Based Rotational Positions within OHN Divisions". Contained in this procedure was a process for determining applicants to be selected for a rotational assignment to a position within The Society's jurisdiction. This Memorandum will address the matters o union representation and compensation to the unions.
1.0 CONDITIONS OF THE AGREEMENT
a) Except as expressly modified in representation (Item 3), below, the Collective Agreement signed between Ontario Hydro and the Power Workers Union and Ontario Hydro and The Society apply.
b) This Memorandum of Understanding is without prejudice to any Party's position in any other matter between the Parties and does not constitute a precedent.
c) This Memorandum of Understanding is revocable upon one (1) year's written notice by any Party.
2.0 GENERAL PRINCIPLES
a) Agreement must be reached with the responsible Society Unit Director to fill a position within the Jurisdiction of The Society on a rotational basis.
b) Power Workers Union represents the individual Authorized Nuclear Operator as well as the position of Authorized Nuclear Operator.
c) OHN regularly requires an Authorized Nuclear Operator on a rotational assignment within The Society's jurisdiction to perform Power Workers Union jurisdiction work.
3.0 REPRESENTATION
When an Authorized Nuclear Operator is selected to fill a rotational assignment within the jurisdiction of The Society the following will apply:
a) The Society represents the position.
b) The employee is represented by the Power Workers' Union except for representation with respect to established working conditions for the position as set out in LOU 27 ("Re: Article 5 'Established Working Conditions' for Employees Temporarily Included in The Society's Jurisdiction") of The Society Collective Agreement.
(signed by T. Pigeau for the Power Workers' Union, J. Wilson for The Society, and D. Ivany for Ontario Hydro, dated January 11, 1996.