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Part IV: Collective Agreement Term - No Strike/No Lockout

9 COLLECTIVE AGREEMENT TERM - NO STRIKE/NO LOCKOUT
9.1 This Collective Agreement shall remain in effect from January 1, 2005 to December 31, 2005 inclusive and, thereafter, shall be renewed automatically from year to year, subject to Section 4.0 of the Voluntary Recognition Agreement (VRA) as amended in the Collective Agreement, unless either Party notifies the other in writing not less than 90 days prior to the expiration of the Collective Agreement that it desires to amend the Collective Agreement. As long as Sections 4.0 as amended and 5.0 of the VRA remain in effect, where notice to amend the Collective Agreement is given, the provisions of this Collective Agreement shall continue in force until a new Collective Agreement is signed.
9.2 No Strike/No Lockout
The Society, employees within the scope of the bargaining unit, and OPG are pledged to the effective and efficient operation of OPG and they pledge themselves, individually and collectively, to refrain from taking part in strikes, lockouts or sympathy strikes and other interference with work or production as long as the terms and conditions in Section 4.0 of the VRA continue.
Nothing in this Collective Agreement is intended to interfere with the exercise of lawful economic sanctions under the Ontario Labour Relations Act and the Canada Labour Code by any member of the bargaining unit or bargaining units as the case may be or by The Society itself should either party to the Agreement elect to terminate Sections 4.0 and 5.0 of the Voluntary Recognition Agreement.
9.3 Operation of the Collective Agreements
9.3.1 The OPGI (Nuclear) and the OPGI (Non-Nuclear) Collective Agreements are separate Collective Agreements.
9.3.2 The Parties have agreed that The Society will not challenge the above separate successor companies to Ontario Hydro under the successor rights or common employer provisions of the Ontario Labour Relations Act.
9.4 Transition Provisions
9.4.1 The following transitional provisions have no application to any person who was not an employee on January 1, 1999.
9.4.2 The term "bargaining unit" for the purposes of Section 9.4 herein ("this Section") will mean The Society bargaining unit with one of Ontario Power Generation Inc. (Nuclear), Ontario Power Generation Inc. (Non-Nuclear), Ontario Hydro Services Company Inc., Independent Market Operator or Electrical Safety Authority as well as ISG (New Horizons) and OPT (Kinectrics) except as these rights are modified in the respective collective agreements.
9.4.3 Applications to vacancies which were posted on or before March 31, 1999 shall be given consideration according to applicable provisions of the single Collective Agreement, in accordance with paragraph 9.3.1, above.
9.4.4 Until December 31, 2002, an employee in a bargaining unit who is declared surplus, who is eligible to exercise rights under LOU #4 ("Pre-Mix and Match Surplus Declarations") or who has recall rights is eligible to apply to posted vacancies in another bargaining unit. An Employer receiving such application will select applicants in accordance with the provisions of its Collective Agreement which govern selections to vacancies. Such applicants will be considered as equal to non-surplus regular employees (i.e. According to Article 65.6.3(f)). A successful applicant will transfer his/her service to the new Employer in accordance with paragraph 9.4.7, below. A successful applicant will not be entitled to any relocation or moving expenses under the provisions of any Collective Agreement.
9.4.5 After December 31, 2002, an employee in a bargaining unit who is declared surplus, who is eligible to exercise rights under LOU #4 ("Pre-Mix and Match Surplus Declarations") or who has recall rights is eligible to apply to posted vacancies in another bargaining unit. Such applicant will be given fair and objective consideration for employment before new hires. A successful applicant will transfer his/her service to the new Employer in accordance with paragraph 9.4.7, below. No employee hired under this provision will be entitled to any relocation or moving expense under the provisions of any Collective Agreement.
9.4.6 An employee in a bargaining unit, to the extent he/she is not subject to other selection - provisions in this Section, may apply for posted vacancies and placement in another bargaining unit as an external applicant on the basis of Article 65.6.3(i).
9.4.7 Any successful applicant to a position in another bargaining unit shall transfer all accumulated service, vacation, seniority, pension, and sick leave credits as set out in Articles 4 ("Service Credits"), 42 ("Sick Leave Plan") and 64 ("Employment Continuity") to the new employer. The employee shall be reimbursed by the former employer for all his/her outstanding accumulated vacation, including current year, bonus, banked and deferred vacation, as applicable under Article 38 ("Vacations") according to the Collective Agreement with the former employer. The provisions of this paragraph apply to employees changing bargaining units as a result of paragraph 2.2 of the LOU #26 "re: Allocation of Society Staff to Successor Companies" (December 4, 1998).
9.4.8 Any dispute arising in respect of paragraphs 9.4.4 and 9.4.5 of this Section shall be dealt with under the timelines in the procedure in LOU #9, "re: Expediting Redeployment Grievances and Arbitrations".
9.4.9 Transitional relativity in substance and term will be maintained with the PWU Collective Agreement with regard to this Section for the duration of this Agreement. If and when PWU changes are agreed to, OPG and The Society will attempt to agree on equivalent provisions for Society-represented employees. In the event of a dispute, George Adams will remain seized to determine a final and binding solution.
9.4.10 Notwithstanding provisions regarding the duration of items in paragraph 9.4.4, paragraph 9.4.4 shall remain in full force and effect as between OPGI-Non-Nuclear and OPGI-Nuclear until the bargaining units are merged under a single Collective Agreement or it is finally determined that the bargaining units shall not be merged.
9.4.11 In order to comply with the IMO's mandate as described in Bill 35, the transitional provisions described above only apply until December 31, 2000. In the event that a license is denied or in jeopardy this provision will be cancelled prior to this date. If a license is granted before December 31, 2000, the transitional provisions will continue until December 31, 2002.