Common use of DEFINITION OF THE POWER SECTOR Clause in Contracts

DEFINITION OF THE POWER SECTOR. In the event the Minister of Labour defines the Power Sector, or there is a decision of the Ontario Labour Relations Board that impacts on the definition of the Power Sector, the parties agree to meet to investigate the impacts of the definition on this agreement and consider the possibility of applying this agreement in the context of this definition. Dated this 28th day of July, 2004. Signatures: Xxx Xxxxxx for EPSCA Xxx Xxxxxxxx for xxx Xxxxxxxxxx LETTER OF UNDERSTANDING NO. 11 Signatures: Xxx Xxxxxxxx for xxx Xxxxxxxxxx Xxxxx Xxxxxxxx-Xxxxxx for EPSCA LETTER OF UNDERSTANDING NO. 12 Between THE ELECTRICAL POWER SYSTEMS CONSTRUCTION ASSOCIATION AND CARPENTERS DISTRICT COUNCIL, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA RE: CONTRACTING OUT Ontario Power Generation Inc., Xxxxx Power LP and Hydro One Networks will maintain their “labour requirements” practice for the term of this agreement. The labour requirements documentation will require contractors/subcontractors to apply the terms and conditions of this collective agreement if and when work being performed falls under this agreement and require the contractor to submit to the grievance/arbitration provisions under the collective agreement, including any arbitration decision in respect of any conditions of the collective agreement. If the union is unable to enforce provisions of the collective agreement because the contractor is not bound to the agreement and will not attorn to the jurisdiction of the arbitration under the agreement, the union may enforce against the EPSCA member contracting or subcontracting with the contractor. Said EPSCA member will be responsible for and liable to the Union for any violation of the Collective Agreement by the contractor/subcontractor. The parties acknowledge that this collective agreement does not change nor alter the existing practices with respect to contracting out to non-union contractors. LETTER OF UNDERSTANDING NO. 13 Between THE ELECTRICAL POWER SYSTEMS CONSTRUCTION ASSOCIATION AND CARPENTERS DISTRICT COUNCIL, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA RE: TRAINING FUND Employers to contribute (i.e. not a deduction from the Total Wage Package) $0.03 per hour worked effective date of ratification into xxx Xxxxxxxxxx District Council Administrative Training Fund. Union to provide EPSCA with remittance information LETTER OF UNDERSTANDING NO. 14 Between THE ELECTRICAL POWER SYSTEMS CONSTRUCTION ASSOCIATION AND CARPENTERS DISTRICT COUNCIL, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA RE: 6 x 3 SCHEDULE- Nuclear Only When working under the provisions of this XXX, all conditions listed below will supersede those contained in the main agreement. Where this XXX is silent, the appropriate Article in the collective agreement applies. This shift schedule is intended for work durations of greater than sixty-three (63) days, however, it is recognized that unforeseen circumstances may require an interruption, suspension or cancellation of this schedule. If in the transition onto or off this schedule, other than a layoff, an employee would receive less than 40 paid hours in a pay period, the employee shall receive the difference between the total paid hours for that pay period and 40 hours pay. This does not apply to those employees who are laid off during or at the end of the schedule. This schedule will consist of rotations of six (6) consecutive eight (8) hour shifts, followed by three (3) consecutive days off. When employees work Monday to Friday, they shall be paid at straight time, with overtime as required. When working on a Saturday, Sunday and Statutory Holidays, employees will be paid at the applicable rate. Where this schedule is utilized, there will be a scheduled rest rotation where the employee will not be scheduled to work - this scheduled rest rotation will occur on every 8th rotation. Overlap of shift and/or start/finish times may be required. Shift work may be established by the employer on a two or three, eight (8) hour per day shift basis, with overtime as required. When this occurs, a specific shift arrangement will be established by the employer detailing the shift schedule to be worked. Where an employee works a full rotation before and after the scheduled rest rotation, the employer will pay the applicable room and board for the scheduled rest rotation. Shift changes amongst employees must be authorized by the employer.

DEFINITION OF THE POWER SECTOR. In the event the Minister of Labour defines the Power Sector, or there is a decision of the Ontario Labour Relations Board that impacts on the definition of the Power Sector, the parties agree to meet to investigate the impacts of the definition on this agreement and consider the possibility of applying this agreement in the context of this definition. Dated this 28th day of July, 2004. Signatures: Xxx Xxxxxx for EPSCA Xxx Xxxxxxxx for xxx Xxxxxxxxxx LETTER OF UNDERSTANDING NO. 11 Signatures: Xxx Xxxxxxxx for xxx Xxxxxxxxxx Xxxxx Xxxxxxxx-Xxxxxx for EPSCA LETTER OF UNDERSTANDING NO. 12 Between THE ELECTRICAL POWER SYSTEMS CONSTRUCTION ASSOCIATION AND CARPENTERS DISTRICT COUNCIL, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA RE: CONTRACTING OUT Ontario Power Generation Inc., Xxxxx Power LP and Hydro One Networks will maintain their “labour requirements” practice for the term of this agreement. The labour requirements documentation will require contractors/subcontractors to apply the terms and conditions of this collective agreement if and when work being performed falls under this agreement and require the contractor to submit to the grievance/arbitration provisions under the collective agreement, including any arbitration decision in respect of any conditions of the collective agreement. If the union is unable to enforce provisions of the collective agreement because the contractor is not bound to the agreement and will not attorn to the jurisdiction of the arbitration under the agreement, the union may enforce against the EPSCA member contracting or subcontracting with the contractor. Said EPSCA member will be responsible for and liable to the Union for any violation of the Collective Agreement by the contractor/subcontractor. The parties acknowledge that this collective agreement does not change nor alter the existing practices with respect to contracting out to non-union contractors. LETTER OF UNDERSTANDING NO. 13 Between THE ELECTRICAL POWER SYSTEMS CONSTRUCTION ASSOCIATION AND CARPENTERS DISTRICT COUNCIL, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA RE: TRAINING FUND Employers to contribute (i.e. not a deduction from the Total Wage Package) $0.03 per hour worked effective date of ratification into xxx Xxxxxxxxxx District Council Administrative Training Fund. Union to provide EPSCA with remittance information LETTER MEMORANDUM OF UNDERSTANDING NO. 14 Between AGREEMENT BETWEEN: THE ELECTRICAL POWER SYSTEMS CONSTRUCTION ASSOCIATION AND CARPENTERS (the “Employer”) - and – CARPENTERS’ DISTRICT COUNCILCOUNCIL OF ONTARIO, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA RE: 6 x 3 SCHEDULE- Nuclear Only When working under (the provisions of this XXX, all conditions listed below will supersede those contained in the main agreement. Where this XXX is silent, the appropriate Article in the collective agreement applies. This shift schedule is intended for work durations of greater than sixty-three (63) days, however, it is recognized that unforeseen circumstances may require an interruption, suspension or cancellation of this schedule. If in the transition onto or off this schedule, other than a layoff, an employee would receive less than 40 paid hours in a pay period, the employee shall receive the difference between the total paid hours for that pay period and 40 hours pay. This does not apply to those employees who are laid off during or at the end of the schedule. This schedule will consist of rotations of six (6) consecutive eight (8) hour shifts, followed by three (3) consecutive days off. When employees work Monday to Friday, they shall be paid at straight time, with overtime as required. When working on a Saturday, Sunday and Statutory Holidays, employees will be paid at the applicable rate. Where this schedule is utilized, there will be a scheduled rest rotation where the employee will not be scheduled to work - this scheduled rest rotation will occur on every 8th rotation. Overlap of shift and/or start/finish times may be required. Shift work may be established by the employer on a two or three, eight (8) hour per day shift basis, with overtime as required. When this occurs, a specific shift arrangement will be established by the employer detailing the shift schedule to be worked. Where an employee works a full rotation before and after the scheduled rest rotation, the employer will pay the applicable room and board for the scheduled rest rotation. Shift changes amongst employees must be authorized by the employer.“Union”)