1

CCOOLLLLEECCTTIIVVEE AAGGRREEEEMMEENNTT

BETWEEN

FESTIVAL HYDRO INC.

AND

LOCAL UNION 636 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A.F. of L., C.I.O., C.L.C.

HYDRO DEPARTMENT     

Expiry Date: April 30, 2021

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INDEX

ARTICLE PAGE

ARBITRATION…………………………………….

10 13-14

BARGAINING UNIT WORK……………………..

17 19

BEREAVEMENT LEAVE…………………………...

24 25-26

CLOTHING AND TOOLS……………………….….

27 27-28

COMPANY SERVICE……………………………….

5 6-8

COMMITTEES……………………………………….

30 29-30

DEDUCTIONS OF DUES……………………………

4 6

DISCIPLINE AND DISCHARGE…………………..

11 14-15

DURATION OF AGREEMENT…………………….

34 33

EMERGENCY CALL-OUT…………………………

15 18

EMPLOYEE CATEGORIES………………………..

6 8

GRIEVANCE PROCEDURES………………………

9 12-13

HEALTH PLAN………………………………………

20 20-22

HOURS OF WORK & OVERTIME & SHIFT DIFFERENTIAL…………………………….

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15-17

INCLEMENT WEATHER…………………………..

18 19

JOB POSTING AND PROMOTION…………….….

7 9-11

JURY DUTY…………………………………………..

26 27

LAYOFF AND RECALL…………………………….

8 11

LEAVE OF ABSENCE……………………….………

25 26

LICENSES…………………………………………….

28 29

LOCKOUTS AND STRIKES…………………….….

12 15

MANAGEMENT RIGHTS……………………….….

1 4

ON-CALL DUTY……………………………………..

14 18

PENSION……………………………………………..

32 31-33

REBATES………………………………………….…. 33 33

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RECOGNITION…………….………………………..

2 4-5

RECOGNIZED HOLIDAYS….………………….….

21 22

SAFETY……………………………………………….

29 29

SICK LEAVE…………………………………………

23 24-25

SUB-CONTRACTING………………………………

19 20

TRAINING COURSES………………………………

16 19

UNION SECURITY……………………………….….

3 5

VACATIONS………………………………………….

22 23-24

WAGE RATES & PROGRESSION SCHEDULES

31 30-31

APPENDIX CLASSIFICATIONS AND RATES OF PAY………..

A 37-38

CLOTHING POINTS SYSTEM PER 27.2 & 27.3 41-42

LETTER OF UNDERSTANDING BANKING OF OVERTIME LETTER OF UNDERSTANDING SERVICE CENTRE REPORTING LETTER OF UNDERSTANDING TRIAL SHIFT 7-3 LETTER OF UNDERSTANDING BREAK TIMES LETTER OF UNDERSTANDING STOCKKEEPER II POSITION LETTER OF UNDERSTANDING FR/NON FR CLOTHING

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44

45

46 47 48

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THIS AGREEMENT MADE

BETWEEN:

FESTIVAL HYDRO INC.

(Hereinafter called the "Company")

- and -

LOCAL UNION 636 OF THE INTERNATIONAL BROTHERHOOD

OF ELECTRICAL WORKERS, A.F. OF L., C.I.O., C.L.C.

(Hereinafter called the "Union")

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ARTICLE 1

MANAGEMENT RIGHTS 1.01 The Union acknowledges that the Company has and shall maintain

the exclusive right to manage its business and direct its operations in all matters, which are not specifically restricted by the terms of this Agreement.

1.02 Whenever the singular or masculine is used in this agreement it shall be

considered as if the plural or feminine has been used where the context of the agreement so indicates.

ARTICLE 2 RECOGNITION 2.01 The Company recognizes the Union as the exclusive bargaining agent of all

employees of the Company save and except foremen and supervisors, persons above the rank of foremen and supervisor, office and sales staff, engineering and technical staff, persons regularly employed for not more than twenty-four (24) hours per week, students employed during the school vacation period and students employed on a co-operative training basis.

2.02 The Company will arrange for bulletin board(s) at such location(s) as

mutually agreed between the parties. The bulletin board(s) may be used by the Union for posting notices, which shall be subject to approval by the Company before posting. There shall be no general distribution or posting

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of any other notices of any kind upon Company property other than as herein provided.

ARTICLE 3 UNION SECURITY 3.01 All employees covered by this Agreement who are now members or

become members of the Union shall maintain such membership. 3.02 New employees covered by this Agreement shall, as a condition of

employment, become members of the Union within thirty (30) days of hiring and shall maintain such membership.

3.03 Employees shall be entitled to have access to their personnel files according

to the most recent Municipal Freedom of Information and Protection of Privacy Act. The Company agrees to supply the information within three (3) working days of the employee’s request.

3.04 The Union will be supplied with the name and address of Union employees

once per year. 3.05 The parties recognize their respective responsibilities under the Ontario

Human Rights Code and any other similar statutory requirement. Both parties hereby, reaffirm their commitment not to discriminate in any manner relating to employment on the basis of race, sex, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status, or handicap.

3.06 The Company shall post a current Workplace Harassment Policy and a

Workplace Violence Policy. Employees required to participate in an investigation under either policy shall have Union representation.

3.07 The Unit Chairperson, or designate, shall be granted up to thirty (30)

minutes during normal hours of work, paid at straight time, to meet with new employees and acquaint them with the Union’s activities. Such time will be provided at a time most convenient to the efficient operation of the Company, and normally scheduled during the employee’s orientation.

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ARTICLE 4 DEDUCTIONS OF DUES 4.01 The Company agrees to deduct from the pay of each employee, who is a

member of the Union as per Article 3 Clauses 3.01 and 3.02, the amount of the current monthly dues as established by the Union and as certified in writing by the Union.

4.02 The amounts so deducted will be forwarded, subject to the provision of

Article 3, Clause 3.02 of this Agreement, to the Financial Secretary of the Union on or before the last day of the month for which deductions were made. The Union will furnish the Company with the address of the Financial Secretary to whom the dues deductions are to be forwarded. The monthly submission will include an alphabetical listing of the names of each Employee on behalf of whom the deductions were made and the amount of the deduction. The Company also agrees to deduct the Union initiation fee from the Employee’s first pay period.

4.03 The Union agrees to indemnify and save the Company harmless against

any claim or liability arising out of or resulting from the collection of these dues.

4:04 The Company will endeavour to notify the Unit Chairperson if an employee

is off work in excess of thirty (30) days, as a result of Long Term Disability, Workers’ Safety and Insurance Board claim, or unpaid leave of absence.

ARTICLE 5

COMPANY SERVICE 5.01 Company Service shall be defined as the length of continuous service a

regular employee has established with the Company and shall accrue in all cases from the date the regular employee last entered the employ of the Company.

5.02 Temporary and probationary employees shall not accumulate Company

Service except that a regular employee shall be granted Company Service Credit for the period served as a temporary/probationary employee in accordance with the provisions of Article 6.

5.03 An employee shall lose his Company Service and his name removed from

the records if he:

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(a) quits voluntarily

(b) is discharged for just cause, subject to being reinstated through

grievance procedure

(c) Retires (d) is laid off for a period exceeding twelve (12) consecutive calendar months

(e) fails to report for work after a layoff within five (5) working days of recall notice by registered mail to the last address which the employee has filed with the Company unless the employee provides the Company with documented evidence of sickness or other unavoidable reasons for not reporting to work within the specified time limit in this clause.

(f) is absent for three (3) working days or more, unless the employee provides the Company with documented evidence of sickness or other unavoidable reasons for not reporting to work. The Company reserves the right to waive this requirement.

(g) is absent due to non-occupational illness or injury for a period exceeding eighteen (18) consecutive calendar months. Any trial rehabilitation work period is considered part of this period.

(h) is absent due to occupational illness or injury for a period exceeding twenty-four (24) consecutive calendar months. Any trial rehabilitation work period is considered part of this period.

5.04 An employee shall maintain Company Service at the level attained when

absent from work for the following reasons:

(a) leave of absence in excess of thirty (30) calendar days granted by written permission of the Company.

(b) during a layoff for a period of twelve (12) consecutive calendar months.

(c) for a period of six (6) consecutive calendar months while on sick leave, plus a further twelve (12) consecutive calendar months while on

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Long Term Disability. Any trial rehabilitation work period is considered part of this period.

5:05 The Company will compile Company Service lists every twelve (12)

months. These lists will be posted on specified bulletin boards in February of each year, and copies will be forwarded to the Business Representative and the Unit Chairperson or designate.

5:06 An employee shall continue to accrue Company Service when absent from

work for the following reasons:

(a) while employee is on pregnancy/parental/adoption leave, provisions as provided in the Employment Standards Act of Ontario.

ARTICLE 6

EMPLOYEE CATEGORIES 6.01 Temporary employees are those employees hired to work during a period

when additional work of any nature requires temporarily augmented forces, or in the event of an emergency, or to relieve regular employees because of illness, or to work during vacation periods. If a temporary employee is hired for a period longer then six (6) months, in any twelve (12) month period, he shall be considered a regular employee.

6.02 Probationary employees are those employees who are hired with the

understanding that they will become regular employees provided that during the probationary period of six (6) months they exhibit the required qualifications and ability.

6.03 Employees reclassified from "Temporary" to "Probationary" will receive

credit in the latter category for service as a temporary employee. Combined service in the two categories will not exceed six (6) months.

6.04 Regular employees are those employees who have successfully completed

the requirements of Article 6, Clause 6.01, 6.02 or 6.03. Categorization as a regular employee does not imply a Company obligation to provide continuous employment.

6.05 The services of employees hired under the provisions of Article 6, Clause

6.01, 6.02 or 6.03 may be terminated by the Company at any time during the first six (6) months of employment.

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ARTICLE 7 JOB POSTING AND PROMOTION 7.01 When promoting or demoting employees covered by this Agreement,

qualifications and ability to perform the job shall be the primary consideration. In cases where there does not appear to be any substantial differences in qualifications and ability to perform the job, Company Service shall govern.

7.02 Permanent transfer by application.

(a) Transfer from a skilled classification to a skilled classification:

Skilled employees who have attained Journeyman status or equivalent transferred to another skilled classification shall be deemed to be Apprentices and shall be given a minimum of two (2) years credit for the purpose of wages. For the purpose of training time it shall be determined by the Ministry or the relevant training authority. If the employee has not attained Journeyman status in their existing classification the wage rate and training time will be equivalent to the experience granted by the Ministry or relevant training authority.

(b) Transfer from a skilled classification to a semi-skilled classification or non-skilled classification:

Skilled employees transferred to a semi-skilled or non-skilled classification shall be paid at least the minimum for the new classification or where the current hourly rate exceeds this minimum an equivalent rate or the next highest rate not to exceed the top rate in the new classification.

(c) Transfer from a semi-skilled or non-skilled classification to a skilled classification:

Semi-skilled or non-skilled employees transferred to a skilled classification shall be deemed to be Apprentices. They shall be paid at a minimum of the six (6) month job rate or if higher, at a rate determined by the Ministry or the relevant training authority.

(d) Transfer from a semi-skilled to a semi-skilled classification:

Semi-skilled employees transferred to another semi-skilled classification shall be deemed to be in training and shall be given minimum credits for fifty per cent (50%) of their training period and applicable wage rate (i.e. 24 month rate to 12 month rate.)

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(e) Transfer from a semi-skilled to a non-skilled classification:

Semi-skilled employees transferred to a non-skilled classification shall be paid at least the minimum for the new classification or where his current hourly rate exceeds this minimum an equivalent rate or the next highest rate not to exceed the top rate in the new classification.

(f) Transfer from a non-skilled classification to a semi-skilled classification:

Non-skilled employees transferred to a semi-skilled classification shall be deemed to be in training and shall be given a maximum of the twelve (12) month wage rate or the wage rate closest to their current wage rate if they are in progression, of less than twelve (12) months.

(g) Transfer from a non-skilled classification to a non-skilled classification:

Non-skilled employees transferred to another non-skilled classification shall be paid the top wage rate of the classification to which they are transferred if they were at the top rate of the non-skilled classification or to the wage rate closest to their current wage rate if they are in progression.

(h) Credits may be granted for previous training or experience at the beginning of the Apprenticeship.

(i) When demoted to a lower classification, the hourly rate for the new classification, which is nearest his current hourly rate.

7.03 An employee will not be required to accept a temporary transfer beyond an

accumulation of sixty (60) working days in any calendar year. In the case of such transfers no change in regular hourly rate shall be made for the first eight (8) working hours of the transfer. After this eight (8) hour period a transfer to a higher job classification will be in accordance with Article 7, Clause 7.02 (a). No change in the regular hourly wage rate shall be made for a temporary transfer to a job in the same or lower job classification. Upon completion of the temporary transfer the employee will revert to his former job and receive the regular hourly wage rate paid prior to the temporary transfer.

7.04 When a vacancy occurs, or a new position is created within the bargaining

unit, such vacancy or the new position, and only one subsequent vacancy created by the filling of the original vacancy or the new position, shall be posted on specified bulletin boards, setting forth the nature of such vacancy or position and the rate of pay for the job for a period of seven (7) working days. An employee may make written application to fill the vacancy or position within the seven (7) day period referred to herein. If two (2) or more employees apply for the vacancy or position, selection will be made

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in accordance with the provision of Article 7, Clause 7.01 of this Agreement. An employee selected as a result of a job posting shall not apply for any subsequent posting for twelve (12) calendar months from date of selection. Following selection for the vacancy or position the Company will post the name of the successful applicant on specified bulletin boards within twenty-one (21) calendar days after the expiry of the seven (7) day period. If at the conclusion of the seven (7) day period, referred to herein, no applications have been received from employees in the bargaining unit, the Company may proceed to hire a new employee to fill the vacancy or position.

ARTICLE 8 LAYOFF AND RECALL 8.01 If business conditions necessitate a reduction of staff through lay-off, then

the Company will notify the Union prior to the effective date of the lay-off of designated employees.

8.02 In the event of a layoff, management agrees that employees shall be laid off

in the reverse order of seniority provided that management can retain a work force qualified in its opinion to perform the work remaining. Employees shall be recalled in the order of their seniority provided they are qualified and have the ability to do the work available.

8.03 In all cases of layoff, employees shall receive no less than five (5) working

days notice or pay in lieu thereof. The notice or pay in lieu shall be no less than what the employee would be entitled to under the Employment Standards Act of Ontario.

8.04 Employees on layoff who are recalled, shall receive notice of recall by

registered mail in accordance with Article 5 Clause 5:03(e) of this agreement, at any time within the period of layoff up to twelve (12) calendar months.

8.05 Any employee on lay-off shall have the same privilege of applying for new

job postings as any other employee, up to twelve (12) months from the date of lay-off. The Company will notify the employee of such job postings.

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ARTICLE 9 GRIEVANCE PROCEDURES 9.01 For the purpose of this Agreement, a grievance is defined as a dispute

arising out of the interpretation, application, administration or alleged violation of this Agreement, and shall be dealt with in accordance with the following grievance procedure:

Step 1 An employee who has a grievance shall first present same verbally to his

immediate supervisor within ten (10) working days of the occurrence, which has given rise to the grievance. He may do this with or without his Union Steward.

Step 2 If the grievance is not satisfactorily settled within three (3) working days, a

written grievance, signed by the employee describing the specific problem, shall be presented to his immediate supervisor within an additional three (3) working days. The immediate supervisor will render his decision to the Grievor in writing within two (2) working days of receipt of the written grievance.

Step 3 If the decision of the immediate supervisor is not satisfactory the Steward

and the Grievor shall, within three (3) working days of receipt of the decision in Step 2, refer the grievance in writing stipulating the Article(s) of the following Agreement which is (are) claimed to have been violated, to the Department Manager. The Department Manager will meet with the Steward and Grievor to discuss the grievance and will render his decision in writing to the Steward within five (5) working days after receipt of the grievance.

Step 4 If the decision of the Department Manager is not satisfactory, the Union

Grievance Committee shall, within four (4) working days of receipt of the decision of the Department Manager, refer the grievance in writing to the President. The President will meet with the Union Grievance Committee and Grievor(s) to discuss the grievance, and will render his decision in writing to the Grievance Committee within ten (10) working days after receipt of the grievance.

9.02 A grievance arising directly between the parties involving the

interpretation or alleged violation of this Agreement may be submitted in writing by either party within thirty (30) calendar days of the incident giving rise to the grievance. In the case of a Union grievance procedure shall commence with Step 4. In the case of a Company grievance the matter will be submitted to the Union and, failing settlement within five (5)

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working days thereafter, may be referred to arbitration as hereinafter provided. It is expressly understood that the provision of Clause 9.02 may not be used to institute a complaint or grievance directly affecting an employee or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not hereby be by-passed.

9.03 Failing satisfactory settlement of the grievance, after the grievance has been

carried through all the applicable steps of the grievance procedure, the grievance may then be submitted to arbitration by either party provided that it is submitted within thirty (30) calendar days following the final step in the grievance procedure and in accordance with the provision of Article 10 of this Agreement.

9.04 The time limits set out in the above sections and in Article 11 of the

Agreement are mandatory and shall be observed by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposed. Any grievance not filed or processed within the time limits without mutual agreement in writing to an extension or waiver shall be considered to be disposed of or withdrawn.

9.05 Time Limits - Working days are defined as Monday through Friday

inclusive - 0800 Hours to 1700 Hours. 9.06 The Company agrees that in the event grievances are not settled at Step 4

of this grievance procedure, the parties may mutually agree to refer the grievance to the Grievance Mediation process, in which case there shall be a 50-50 cost sharing arrangement of the Grievance Mediator.

ARTICLE 10 ARBITRATION 10.01 Where a difference arises between the parties relating to the interpretation,

application or administration of this Agreement, including any question as to whether a matter is arbitral, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this Agreement, in accordance with Article 9, Clause 9.03 of this Agreement, notify the other party in writing of its desire to submit the difference or allegation to a sole Arbitrator and the notice shall contain the names of three (3) Arbitrators.

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10.02 The recipient of the notice shall within five (5) days inform the other party of acceptance of one of the three (3) Arbitrators or alternatively, the Employer may submit a list of three (3) Arbitrators.

10.03 At this time, both parties will attempt to come to agreement on selecting a

Sole Arbitrator. 10.04 In the event the parties are unable to agree on a Sole Arbitrator within five

(5) working days, the Minister of Labour for Ontario shall be requested to appoint a Sole Arbitrator.

10.05 The Arbitrator shall hear and determine the difference or allegation and

shall issue a decision and the decision is final and binding upon the parties and upon any employee or employer affected by it.

10.06 No person may be appointed as an Arbitrator who has been involved in

any attempt to negotiate or settle the grievance being arbitrated, unless both parties agree.

10.07 The Arbitrator shall not have the power to add or to subtract from or change

the provisions of this Agreement or to deal with any matter not covered by this Agreement.

10.08 Each party shall pay one-half (1/2) of the remuneration’s and expenses of

the Sole Arbitrator and each party shall bear the expenses for their own representatives and any other expenses incurred in presenting their case.

10.09 In case of discipline, suspension or discharge, an Arbitrator may confirm or

reverse the Company’s decision or substitute such other penalty than that imposed by Management for the infraction involved as the Arbitrator considers just and reasonable in the circumstances.

10.10 As an alternative to a Sole Arbitrator, a Board of Arbitration may be

requested by either party if mutually agreeable.

ARTICLE 11 DISCIPLINE AND DISCHARGE 11.01 The Union agrees that the Company has the right to make such rules and

regulations, necessary or advisable for the orderly and efficient conduct of its business, provided that a claim that a regular employee has been disciplined or discharged without just cause, may be the subject of a

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grievance. At a meeting where an employee is to be disciplined, a Union Representative may be present upon the request of the Employee or the Employer.

11.02 In cases of disciplinary action taken against an employee, the employee

and the Union representative present will be given a copy of any written reprimand or notified in writing that disciplinary action is being taken. Copies shall be sent to the Unit Chairperson or designate and Business Representative.

11.03 A regular employee who is discharged may file a grievance at Step 4 of the

grievance procedure within three (3) working days after such discharge. 11.04 All letters of discipline for just cause, including written warnings,

suspensions and discharge shall be automatically removed from the employee’s personnel file twenty-four (24) months from the date of the incident, provided there is not a similar incident which has occurred in the twenty-four (24) month period. If the issue is related to a Human Rights Violation, in accordance with the Ontario Human Rights code, the discipline will not be removed.

ARTICLE 12 LOCKOUTS AND STRIKES 12.01 Both parties agree there shall be no strikes or lockouts so long as this

Agreement continues to operate. The definition of a strike or lockout and the continuation of the Agreement is as stipulated in the Labour Relations Act of Ontario as amended.

ARTICLE 13 HOURS OF WORK AND OVERTIME AND SHIFT DIFFERENTIAL 13.01 The definition of normal working hours for all employees, as indicated in

this Article, shall not be construed as a guarantee of hours of work per day or per week or of days of work per week.

13.02 It is acknowledged that the business of the Company is of a continuing

nature and that due to the nature of its operation the Company may require employees to work overtime.

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13.03 The Company will attempt to ensure, consistent with the operation of its

business, that equitable distribution of all authorized overtime will be allocated among qualified employees who normally perform such overtime work. It is further agreed that the employees recognize their responsibility to work overtime when requested unless the employee satisfies the Company that he has unavoidable reasons for not reporting for overtime work. Consistent refusal to accept overtime work can subject the employee involved to disciplinary action.

13.04 (a) Utility Maintenance Servicemen and Leading Journeyman Fleet

Mechanic Hours of Work – A normal workweek shall be forty (40) hours consisting of five (5) consecutive work days, Monday to Friday inclusive. A normal workday shall consist of eight (8) hours within the period from 0800 hours to 1600 hours with a twenty (20) minute paid lunch to be taken at the work site. Upon mutual agreement between the parties a normal workday shall consist of eight (8) hours within the period from 0700 hours to 1500 hours with a twenty (20) minute paid lunch to be taken at the work site.

Hours of work for planned work for Utility Maintenance Servicemen may be changed Monday to Friday inclusive to shifts of 1600 hours to 2400 hours or 2400 hours to 0700 hours with a minimum notice of five (5) working days prior to any change. Failure of notice would not be considered as planned work and the overtime section of this agreement would apply.

For all hours worked, at the 1600 hours to 2400 hours or 2400 hours to 0700

hours, shift premiums shall apply as follows: May 1, 2004 to April 30, 2005 sixty-six cents ($.66) per hour

(b) Labourer Hours of Work - Hours of work for a labourer shall be between the hours

of 1300 hours to 2400 hours Monday to Friday. 13.05 All employees in the Bargaining Unit not covered in Clause 13.04 (a) and

(b). Hours of Work - A normal work week shall be forty (40) hours consisting

of five (5) consecutive work days, Monday to Friday inclusive. A normal work day shall consist of eight (8) hours within the period from 0800 hours

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to 1600 hours with a twenty (20) minute paid lunch to be taken at the work site.

By mutual agreement between the Company and the Union, the hours of work may be changed, for example, to a 4 x 10 hour workweek. Should the new workweek be implemented, the crew(s) shall be filled by volunteers first and if there are more employees than required, seniority employees shall be given first opportunity.

Overtime - Overtime will be paid for all authorized work performed

outside the normal hours of work on the following basis: Double-time - 1600 Hours to 0800 Hours - Monday - Friday - All day Saturday and Sunday

Double-time - on recognized holidays provided an unauthorized absence has not occurred during the week in which the recognized holiday occurs.

Employees who receive less than one (1) hour's notice of cancellation of

scheduled overtime will be given one (1) hour's work or one (1) hour's pay at the appropriate overtime rate.

13.06 When an employee is required to work overtime continuous with and in excess of his normal working hours to the extent of a minimum of two (2) hours, he shall be allowed a fourteen-dollar ($14.00) meal allowance effective May 1, 2017 with a twenty (20) minute eating period for a meal eaten. At all other times, when an employee works a minimum of four (4) hours' continuous overtime, he shall be allowed a fourteen-dollar ($14.00) meal allowance effective May 1, 2017 with a twenty (20) minute eating period for a meal eaten. Pre-scheduled Saturday, Sunday and Statutory Holiday shifts arranged at least 24 hours in advance will be treated as a normal working day related to meal allowances. Emergencies as declared by the Company will not be considered planned work. At all other times, when an employee works a minimum of four (4) hours' continuous overtime, he shall be allowed a fourteen-dollar ($14.00) meal allowance effective May 1, 2017 with a twenty (20) minute eating period for a meal eaten.

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ARTICLE 14 ON-CALL DUTY 14.01 On-call duty is defined as that duty performed by qualified employees who

are required by the Company to be readily available for emergency service at other than normal working hours.

14.02 On-call duty will be apportioned equitably among qualified employees and

all qualified employees will be required to make themselves available for on-call duty when required by the Company.

14.03 Payment for authorized on-call duty will be made on the following basis: Between 0800 hours Wednesday and 0800 hours the following Wednesday, a

payment of six point two (6.2) hours at the Journeyman Lineman rate of pay effective May 1, 2017.

For on-call duty on a recognized holiday a payment effective May 1, 2017 of fifty dollars ($50.00)

For on-call duty on a recognized holiday a payment effective May 1, 2014 of forty-five dollars ($45.00).

14.04 The Company will institute a communication system for use on on-call

employees with the type of system to be determined by the Company.

ARTICLE 15 EMERGENCY CALL-OUT 15.01 An employee called out to do authorized emergency work outside normal

working hours shall be paid a minimum of three (3) hours pay at his classification rate or at the appropriate overtime rate for actual hours worked, whichever is the greater.

15.02 The time for the call-out will commence when an employee leaves his home

and will finish when the employee returns to his home. The time of leaving and returning from the home will be specified by the times recorded and logged by the Operator or Answering Service Operator and it is the employees responsibility to ensure that these times are accurately reported to the Operator.

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15.03 All calls received by employees on call-out within one and one half (1.5) hours of the previous call will be considered one (1) call-out.

15.04 Continuous work after 1600 hours is not considered call-out. Any call-out

occurring one and one half (1.5) hours or less before the regular starting time shall be deemed as an extension of the employees’ regular hours and not considered a call-out.

ARTICLE 16

TRAINING COURSES 16.01 The Company recognizes the need for maintenance of employee

qualifications and may provide the opportunity for an employee to attend training courses. An employee on a training course shall be paid his normal rate for a normal work day only. No compensation shall be given for traveling time outside of normal working hours in order to attend training courses.

16:02 When circumstances permit and the employee enrolled in the

apprenticeship training program, becomes eligible for employment insurance benefits while on training, the Company will top up the employee wages as per the Supplemental Unemployment Benefit (SUB) plan for training. The Company will advance regular wages until the employee is in receipt of EI benefits. At no time shall the employee receive less than ninety five percent (95%) of their gross regular earning.

ARTICLE 17 BARGAINING UNIT WORK 17.01 It is agreed that employees outside the bargaining unit will not perform

work that would deprive employees in the bargaining unit of work opportunities beyond normal working hours.

ARTICLE 18

INCLEMENT WEATHER 18.01 When, in the opinion of Management, normal work of a non-emergency

nature cannot be continued during regular working hours by reason of

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unduly adverse weather conditions, all reasonable steps will be taken to provide alternate work.

18.02 In the event employees are not able to safely get to work due to closed

roads, the affected employees may use discretionary days as specified in article 25.02.

ARTICLE 19 SUB-CONTRACTING 19.01 The Company agrees that no work shall be sublet or contracted out at the

expense of any employee, who is qualified to do such work, being laid off or on lay-off.

ARTICLE 20 HEALTH PLAN 20.01 (a) The Company agrees to pay for regular employees and eligible dependents

one hundred (100) percent of the premium cost for Blue Cross Extended Health Care Plan or its equivalent with $20/$40 deductible for:

Vision Care: $425.00 effective May 1, 2017 (every 24 months) Vision Care: $450.00 effective May 1, 2020 (every 24 months) The Vision Care amount covering regular eyeglasses may be applied towards

laser eye surgery. Eye examinations, including refractions and retina scans are covered when

prescribed by an ophthalmologist, optometrist or oculist for each employee and their eligible dependents to an eye examination once every twenty four (24) consecutive months. Coverage for children under the age of eighteen (18) is limited to every twelve (12) consecutive months (eligible only in Provinces where routine eye exams are not covered in any twelve (12) month or twenty four (24) month period), up to a maximum of one hundred and twenty dollars ($120.00).

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Semi-Private Hospitalization: Effective May 1, 2004 Paramedical: Effective May 1, 2017 - $300 per individual per benefit year per Practitioner. Massage Therapy: Effective May, 1 2017 - $400 per individual per benefit per

year. Physiotherapy: Effective May 1, 2017 - $600 per individual per benefit

year. Nursing Care: $5,000.00 per individual per benefit year Hearing Aids: $400.00 per individual in each 5 year period

The Company agrees to pay, for regular employees and eligible dependents one hundred (100) percent of the premium cost for Blue Cross Extended Health Care or its equivalent with a zero deductible for Pay Direct Drug Cards for prescription drugs, with an enhanced generic plan (physician completing form specifying why a brand name drug must be used) with a maximum dispensing fee of eight dollars and fifty cents ($8.50). Any cost incurred for the completion of forms for the enhanced generic plan shall be paid by the Employer.

(b) The Company agrees to pay, for regular employees and eligible dependents

one hundred (100) percent of the premium cost of Blue Cross Dental Plan #7 or its equivalent for Basic Restorative at one hundred (100) percent co-insurance.

The following benefits for regular employees and eligible dependents will be a

fifty (50) percent co-insurance level, between the insurance company and the employee for a Blue Cross Dental Plan #9 and rider #3 (orthodontic rider) or its equivalent.

Periodontics - Endodontics and Orthodontics Maximum amount $2,000.00 annually - basic restorative and periodontics –

Endodontics Orthodontics - $2,000.00 lifetime - Orthodontics per dependent child up to age

21. Caps and Crowns - Effective June 1, 2003 $2,000.00 annually

The above will be based on the 2010 Ontario Dental Association Fees. January 1, 2017 - 2016 Ontario Dental Association Fees January 1, 2018 – 2017 Ontario Dental Association Fees January 1, 2019 - 2018 Ontario Dental Association Fees January 1, 2020 - 2019 Ontario Dental Association Fees January 1, 2021 – 2020 Ontario Dental Associated Fees A maximum of two (2) units of scaling per recall period. Effective June 1, 2003, Dental Recall for adults will be every nine (9) months and for children every six (6) months. (c) The Company agrees to pay one hundred (100) percent of the premiums cost for a Long Term Disability Plan paying seventy (70) percent (*) of gross regular pay to a maximum of five thousand five hundred and forty-three

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dollars ($5,543.00) effective May 1st, 2017 per month commencing after a waiting period of six (6) months. Premium cost for the Benefit Plans as outlined in clause 20.01 (a) and (b) will be paid by the Company for the first twelve (12) months while the employee is on Long Term Disability.

(d) The Company agrees to pay the Employer Health Tax.

(e) Employee Assistance Plan to be one hundred percent (100%) paid by the Company effective September 6, 2001.

(*) O.M.E.R.S. disability payment is included in seventy percent (70%), if applicable.

ARTICLE 21 RECOGNIZED HOLIDAYS 21.01 A regular employee shall receive an allowance of eight (8) hours' pay

without working for the following holidays: New Year's Day Canada Day Thanksgiving Day Good Friday Civic Holiday Christmas Day Victoria Day Labour Day Boxing Day Easter Monday Family Day The foregoing holidays will be observed on days designated by the City of

Stratford. 21.02 In addition to the above holidays, each regular employee will be allowed

one (1) day off per year on the basis of an eight (8) hour day off. Each employee will be given an opportunity to indicate, with five (5) days' advance notice to the Company, his preference for this day off but the Company reserves the right to withhold approval if the employee's absence would unduly disrupt the Company's normal routine.

21.03 In addition to the holidays specified in 21.01, a regular employee will be

allowed one (1) working day off per year either on the day before Christmas or on the day before New Year's.

21.04 To qualify for paid holidays, the employee must be paid the regular work

day prior to said holiday or the regular work day following said holiday.

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21.05 Temporary and probationary employees will receive paid holidays as required by current legislation.

ARTICLE 22 VACATIONS Article 22.01: Annual vacations will be taken at times determined by the Company

consistent with the efficient operation of the Company and every effort will be made to arrange such vacations for the convenience of the employees. A vacation sheet will be posted for employees' selections by October 1st for completion and removal by October 31st. Company Service shall be the basis for allocation of conflicting vacation choices between two or more employees. Employees who do not stipulate their choice by October 31st will have their vacation period allocated by Management. Unless special permission is granted by Management, vacation periods shall not exceed two (2) weeks at any one time.

Article 22.02: For the purpose of calculating vacation allowance, the period during

which credit will be established will commence January 1st and end December 31st of the previous year. The period in which vacation can be taken will be from January 1st to December 31st in the current year.

Article 22.03: An employee shall receive an annual vacation on the following basis:

(a) An employee not having a year of service prior to the commencement of the vacation period shall be allowed a vacation credit of one (1) working day per month up to a maximum of ten (10) working days.

(b) An employee with one (1) year or more of continuous service on December 31st in the previous year will be entitled to ten (10) working days’ vacation in accordance with Article 22, Clause 22.02.

(c) An employee with four (4) years' continuous service on December 31st

in the previous year will be entitled to fifteen (15) working days’ vacation in accordance with Article 22, Clause 22.02.

(d) An employee with eight (8) years’ continuous service on December 31st

in the previous year will be entitled to twenty (20) working days’ vacation, in accordance with Article 22, Clause 22:02

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(e) An employee with sixteen (16) years' continuous service on December 31st in the previous year will be entitled to twenty-five (25) working days' vacation in accordance with Article 22, Clause 22.02

(f) An employee with twenty-one (21) years’ continuous service on December 31st in the previous year will be entitled to twenty-six (26) working days’ vacation in accordance with Article 22, Clause 22.02.

(g) An employee with twenty-three (23) years’ continuous service on

December 31st in the previous year will be entitled to twenty-seven (27) working days’ vacation in accordance with Article 22, Clause 22.02.

(h) An employee with twenty-five (25) years’ continuous service on

December 31st in the previous year will be entitled to thirty (30) working days' vacation in accordance with Article 22, Clause 22.02.

Article 22.04: An employee's earned but unused vacation credit will be credited to the

employee in the event of termination of employment

ARTICLE 23 SICK LEAVE 23.01 Effective April 1, 1987 all probationary and regular employees will accrue

sick leave credits at the rate of one-and-one-half (1 ½) days per calendar month of completed Company service after April 1, 1987.

A maximum of eighteen (18) days sick leave credits will be accumulated

per year. These sick leave credits will be added to any sick leave credits that exist for each employee as of April 1, 1987.

23.02 The maximum sick leave credit will be two hundred and sixty (260) days at

one hundred percent (100%). 23.03 During absence from work due to illness an employee will receive full pay

until credits at one hundred percent (100%) are exhausted; after which pay will be automatically reduced to seventy-five percent (75%), for those employees that have seventy-five percent (75%) sick leave credits available as of April 1, 1987; until these credits are exhausted but only to a combined maximum of six (6) months sick leave. After six (6) months continuous sick leave, the employee will be paid according to Clause 20.01 (c).

23.04 Sick leave credits are entered on the employees' record monthly on the

established accumulation date. Sick leave credits will be recorded in hours.

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Used sick leave will be recorded on the basis of actual number of days or fraction of days paid for time off due to an illness.

23.05 In order to qualify for sick leave benefits, any employee absent for one (1) day or more shall report on the first day of illness to his foreman and if ill for three (3) days or more, and at the request of Management, shall submit to his foreman a Doctor's Certificate as to his illness on the day he returns to work. When requested by Management, the cost of the doctor’s certificate will be paid by the Company.

23.06 The Company reserves the right to require a medical for any employee

when such examination is considered necessary at Company expense. 23.07 When an employee is off work due to an accident occurring while

performing his duties on behalf of the Company and the accident is covered by the Workplace Safety & Insurance Board, the employee shall receive payment in accordance with Workplace Safety & Insurance Board coverage.

23.08 If the employee has not received money from the Workplace Safety and

Insurance Board, the Company agrees to advance employees an advance of up to eighty-five percent (85%) of net pay starting the second scheduled pay after the incident, provided the employee has available sick time and/or vacation days available. This advance will be conditional upon the employee signing an agreement to repay the advance in full upon receipt of the W.S.& I.B. benefit.

ARTICLE 24

BEREAVEMENT LEAVE 24.01 a) In the case of a spouse, (step) son, (step) daughter, mother or father,

bereavement leave shall be five (5) consecutive working days. b) In the case of a sister, brother, step-mother, step-father, mother-in-law,

father-in-law, son-in-law, daughter-in-law, grandparent, grandparent-in-law, grandchild or grandchild-in-law bereavement leave shall be three (3) consecutive working days.

c) In the case of an aunt, uncle, brother-in-law and sister-in-law bereavement leave shall be one (1) working day.

d) Bereavement clause shall apply to common-law relationships. 24.02 Regular employees required to perform pall bearer duties will be granted one half

(½) day leave of absence with pay.

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ARTICLE 25

LEAVE OF ABSENCE 25.01 Leaves of absence require the written permission of the Company, and

applications for leave of absence must be submitted in writing one (1) week in advance to ensure consideration. Such leave of absence, without pay, will be granted consistent with the efficient operation of the Company. Should the leave of absence be granted the benefit plan coverage as per Article 20 shall continue to be paid by the Company for approved leave of absence up to one month.

25.02 The Company will grant a leave of absence with pay, up to two (2) working

days, for any reason which the Company decides to be justifiable, provided that the total period of absence for all employees shall not exceed twenty-five (25) working days in any calendar year.

25.03 Provided the Company receives at least one (1) weeks advance written

notice (a condition that may be waived in extenuating circumstances), leaves of absence with pay with reimbursement from the Union as per Payroll Policy and without a loss of any seniority or benefits shall be granted upon request to any employee(s) elected or appointed to represent the Union at Union meetings; conferences; conventions; seminars; workshops; or attend to Union business outside of the workplace. Such leaves inclusively shall not exceed thirty (30) working days in any calendar year. The Company shall not assess any burden or levy when invoicing the Union.

25.04 Pregnancy, Parental and Adoption Leave shall be granted in accordance

with the appropriate parts of the Employment Standards Act of Ontario or successor organization.

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ARTICLE 26 JURY DUTY 26.01 While required to serve on jury duty, jury selection or subpoenaed as a

Crown Witness a regular employee will be allowed leave of absence and paid the difference between his normal pay and compensation for such duty, which shall be verified in writing by the Court Clerk.

ARTICLE 27

CLOTHING AND TOOLS 27.01 The Company will pay the full cost of work gloves and mitts for employees

requiring same in the course of duties, as designated by the Company, with said gloves and mitts being classified as safety equipment. The number of work gloves and mitts to be issued each year will be determined by the Company.

27.02 The Company will pay the full cost of flame resistant (FR) rated clothing

for employees requiring same in the course of duties, (lineman, groundman, stations & services technician, utility maintenance serviceman and any others designated by the Company), with said clothing being classified as Safety Clothing. The clothing will be ordered annually and allotted using a point system. Damaged items can be exchanged with the supervisor’s approval.

Annual points will be allocated as follows:

Lineman 80 points Groundman 80 points Stations & Services Technician 60 points Utility Maintenance Serviceman 60 points

27.03 The Company will pay the full cost of uniform shirts, pants, jackets, smocks,

shop coats and/or coveralls for employees not designated by the Company in 27.02, with said clothing being classified as Uniform Clothing. The clothing will be ordered annually and allotted using a point system. Damaged items can be exchanged with the supervisor’s approval.

Annual points will be allocated as follows:

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Meter Reader 28 points Labourer 28 points Stockkeeper 28 points Garage Maintenance Mechanic 35 points Maintenance Serviceman 28 points

27.04 All tools, clothing, uniforms and accessories supplied to an employee at the

Company's expense shall remain the property of the Company and shall be recoverable on demand and shall be worn or used, as the case may be, only at times and in the manner authorized by the Company. The employee shall be responsible for the laundering and maintenance of all clothing and such clothing is to be maintained in a presentable condition.

27.05 The Company will provide safety footwear allowance for classifications

required to wear safety footwear, once every contract year, on the understanding that all employees required to wear safety footwear must maintain this footwear in acceptable condition and that the allowance will be made in the form of a cheque on May 1 of each calendar year. The safety footwear allowance will be as follows:

May 1, 2017 - $200 May 1, 2018 - $200 May 1, 2019 - $210 May 1, 2020 – $220

The company will provide a winter safety footwear allowance for the classifications of Lineman, Utility Maintenance Serviceman, Meter Readers and Station and Service Technicians. It is understood that all affected employees must maintain this footwear in acceptable condition. The allowance will be $250 in the form of a cheque starting on December 1, 2017 and every three (3) years thereafter. The winter safety footwear allowance will be as follows: December 1, 2017 - $250 December 1, 2020 - $250

27.06 The Company will provide CSA approved rubber boots and/or galoshes to

service technicians, maintenance personnel, lineman and stockkeepers I and II as considered eligible by the Company.

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ARTICLE 28 LICENCES 28.01 Trade and Vehicle Operators Licence renewals will be purchased by the

Company for all regular employees requiring same in the normal course of their duties. The requirement for licences will be determined by the Company.

ARTICLE 29 SAFETY 29.01 The parties recognize the obligation and responsibility of the Company to

ensure the establishment and maintenance of safe working conditions and practices and it is further recognized that the employees must abide by all safety rules and regulations as established from time to time.

29.02 The parties further recognize that the Company has an established Safety

Committee and a safety manual for the purpose of Company/employee participation in maintaining safe working conditions and practices.

ARTICLE 30

COMMITTEES 30.01 The Company will recognize a Negotiating Committee of three (3)

members consisting of two (2) employees of the Bargaining Unit and the Group Unit Chairman. The Company agrees to recognize the Local Union Business Manager or his appointed Representative and/or an International Representative of the International Brotherhood of Electrical Workers during negotiations.

30.02 The Union may appoint, from amongst the employees of the Company who

have been continuously employed by the Company for at least six (6) months, one (1) Steward for each department. These stewards will be appointed for the purpose of assisting employees in presenting grievances to the Company as set forth in this Agreement.

30.03 The Union shall keep the Company notified in writing of the name of the

Steward and the effective day of his appointment.

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30.04 The Company will recognize a Grievance Committee consisting of not more

than two (2) employees in the Bargaining Unit, the Local Union Business Manager or his appointed Representative and/or an International Representative of the Union. The Local Union Business Manager shall have access to the Company premises during working hours after having received permission from Management.

30.05 It is agreed that the Steward and the Grievance Committee shall continue

to perform their regular work in order to maintain the efficient operation of the Company. However, in accordance with this understanding, should it be necessary to assist an employee in presenting a grievance during working hours, they will not leave their work without first obtaining the permission of their immediate supervisor provided that such permission will not be unreasonably withheld. Maintenance of normal earnings shall be provided by the Company for Company employees, when acting as Stewards and members of the Grievance Committee, and members of the Labour Management Committee who have obtained permission from Management to process grievance during working hours.

30.06 The parties agree to the establishment of a Labour Management Committee

comprised of three (3) members of the Union and representatives of the Company.

Such Committee shall meet bi-monthly or at mutually agreeable dates to

discuss items of mutual interest except grievances. Either party shall submit agendas to the other party one (1) week in advance of the proposed meeting date.

ARTICLE 31 WAGE RATES AND PROGRESSION SCHEDULES 31.01 The wage rates, progression schedules and classifications of employees

covered by this agreement shall be those shown in Appendix "A" attached hereto and forming an integral part of this Agreement for payroll purposes.

31.02 Employees on progression shall normally be progressed in accordance with

the schedule. However, if any employee fails to make satisfactory progress, his advancement will be withheld for a period of six (6) months. When progression is withheld Management shall give one (1) month's notice to the employee and reason for withholding routine progression. At the next routine progression date his general performance will be reviewed, and if

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found satisfactory, he shall be granted routine progression. A review will be made mid-way through the next progression period, and if the employees' general performance is found to be satisfactory, a further progression may be granted, thus re-establishing his normal progression status.

31.03 If his progress and general performance are not found to be satisfactory, he

shall be transferred to another classification, if available, or dismissed. 31.04 Employees will be paid by direct deposit on a bi-weekly basis.

ARTICLE 32

PENSION 32.01 The Company agrees to provide the Type 1 OMERS Pension Plan with one

hundred (100) per cent of the past service cost to be paid by the Company effective January 1, 1983.

32.02 For employees who retire after January 1, 1988 and the employee has

reached age fifty-five (55) with a minimum of twenty (20) years of service the Company agrees to pay to age sixty-five (65);

(a) For employees who retire after January 1, 1988 and the employee has

reached age fifty-five (55) with a minimum of twenty (20) years of service the company agrees to pay to age sixty-five (65);

One hundred (100) percent of the premium cost for Blue Cross Extended Health Care Plan or its equivalent with $20/$40 deductible for:

Vision Care: $350.00 effective May 1, 2007 (every 24 months) Vision Care: $375.00 effective May 1, 2010 (every 24 months) The Vision Care amount covering regular eye glasses may be applied towards

laser eye surgery. Eye examinations, including refractions and retina scans are covered when

prescribed by an ophthalmologist, optometrist or oculist for each employee and their eligible dependents to an eye examination once every twenty four (24) consecutive months. Coverage for children under the age of eighteen (18) is limited to every twelve (12) consecutive months (eligible only in Provinces where routine eye exams are not covered in any twelve (12) month or twenty four (24) month period), up to a maximum of one hundred dollars ($120.00). Semi-Private Hospitalization: Effective May 1, 2004 Paramedical: $250.00 per individual per benefit year per Practitioner Massage Therapy: Effective May 1, 2008 $350.00 per individual per benefit year Nursing Care: $5,000.00 per individual per benefit year Hearing Aids: $400.00 per individual in each 5 year period

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Employees who retire after May 1, 2017 will have physiotherapy coverage capped at $600 per individual per benefit year. One hundred (100) percent of the premium cost for Blue Cross Extended Health

Care or its equivalent with a zero deductible for Pay Direct Drug Cards for prescription drugs, with an enhanced generic plan (physician completing form specifying why a brand name drug must be used) with a maximum dispensing fee of eight dollars and fifty cents ($8.50). Any cost incurred for the completion of forms for the enhanced generic plan shall be paid by the Employer.

(b) One hundred (100) percent of the premium costs of Blue Cross Dental Plan #7 or its equivalent for Basic Restorative at one hundred percent (100%) co-insurance.

The following benefits will be a fifty percent (50%) co-insurance level, between the insurance company and the employee for a Blue Cross Dental Plan #9 and rider #3 (orthodontic rider) or its equivalent. - Periodonitics - Endodontics and Orthodontics

Maximum amount $ 2,000.00 annually - basic restorative and periodonitics – Endodontics

- Orthodontics - $2,000.00 lifetime – Orthodontics per dependent child up to age 21 - Caps and Crowns - effective June 1, 2003 $2,000 annually

The above will be based on the 2010 Ontario Dental Association Fees.

- January 1, 2014 - 2013 Ontario Dental Association Fees - January 1, 2015 – 2014 Ontario Dental Association Fees - January 1, 2016 - 2015 Ontario Dental Association Fees - January 1, 2017 - 2016 Ontario Dental Association Fees

A maximum of two (2) units of scaling per recall period.

Effective June 1, 2011, Dental Recall for adults will be every twelve (12) months and for children every six (6) months.

32.03 If an employee passes away, the Company agrees to carry benefits at the

employee’s spouse’s expense subject to: 1. Five (5) year maximum on these benefits or age 65, whichever comes

first. 2. Coverage will terminate if the spouse remarries.

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3. If the spouse becomes employed with another organization that does not offer equal or better benefit coverage, the spouse shall have the option of purchasing the above benefit coverage through Festival Hydro Inc.

32.04 Effective December 31, 2008, employees who reach age sixty-five (65) will

no longer have the option of purchasing extended health benefit coverage through the Company. This change shall not affect those employees who are purchasing benefits on or before December 31, 2008.

32.05 Life Insurance coverage ceases after age 65 for all new employees hired after June 1, 2011. Employees hired after May 1, 2017 will not be eligible for the Retiree Life Insurance Benefit.

ARTICLE 33

REBATE 33.01 It is understood and agreed that additional benefits granted by the

Company in settlement of the current agreement satisfy the requirements of the refund provisions of the rebate sections of the Service Canada Employment Insurance Benefits.

ARTICLE 34

DURATION OF AGREEMENT 34.01 This agreement shall come into effect as of the first day of May 2017 and

shall remain in effect until the Thirtieth (30) day of April 30th, 2021 and thereafter from year to year unless either party gives notice in writing not more than ninety (90) days or less than sixty (60) days prior to the expiration date of the Thirtieth (30) day of April of its desire to negotiate amendments to this Agreement

Article (35) – Representation Rights in the Event of a Merger 35.01 In the event that there is a merger or amalgamation or acquisition with

or of another Commission, Corporation or Corporations, in which the covered employees therein are represented by another Union, the representation rights and Collective Agreement in respect of those members and the status quo of Local 636 IBEW members shall be maintained until a final determination is made under the Labour

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Relations Act of Ontario or any successor organization as to the proper representation of the combined group.

35.02 Should the Corporation merge, amalgamate or combine any of its operations or functions with, or acquire another Commission, Corporation or Corporations, the Corporation agrees to give the Union as much notice as practicably possible prior to any intent by the Corporation to implement the above.

WAGES For the Skilled classifications of Leading Lineman, Journeyman Lineman, Leading Journeyman Fleet Mechanic, Journeyman Fleet Mechanic, Station & Services Technician I, Technician II, Journeyman Meter Technician Effective May 1st, 2017 1.25% in addition to a .40 cents per hour wage adjustment ATB Effective May 1st, 2018 1.25% in addition to a .30 cents per hour wage adjustment ATB Effective May 1st, 2019 1.25% in addition to a .30 cents per hour wage adjustment ATB Effective May 1st, 2020 1.25% in addition to a .40 cents per hour wage adjustment ATB For the Semi-Skilled classifications of Utility Maintenance Serviceman and Stockkeeper I Effective May 1st, 2017 1.25% in addition to a .10 cents per hour wage adjustment ATB Effective May 1st, 2018 1.25% in addition to a .10 cents per hour wage adjustment ATB Effective May 1st, 2019 1.25% in addition to a .10 cents per hour wage adjustment ATB Effective May 1st, 2020 1.25% in addition to a .10 cents per hour wage adjustment ATB For the Non Skilled classifications of Labourer, Groundman, Stockkeeper II and Meter Readers Effective May 1st, 2017 1.25% ATB Effective May 1st, 2018 1.25% ATB Effective May 1st, 2019 1.25% ATB Effective May 1st, 2020 1.25% ATB

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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals this _________ day of _____________2017, A.D. at Stratford, Ontario.

FOR THE COMPANY: ____________________________________ Ysni Semsedini -CEO ___________________________________ Jac Vanderbaan –President ___________________________________ Debbie Reece – CFO ___________________________________ Kelly McCann-Financial and Regulatory Manager FOR THE UNION: _______________________________________ Steve Boussey – Unit Chairperson _______________________________________ Ryan Green – Negotiating Committee Member

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_______________________________________ Brent Feltz – Negotiating Committee Member _______________________________________ Brian Manninger – I.B.E.W. Local 636 Business Representative _______________________________ Barry Brown – Business Manager/Financial Secretary – I.B.E.W. Local 636

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APPENDIX “A” CLASSIFICATIONS AND RATES OF PAY

STEP Job Grade May 1

2017

May 1 2018

May 1 2019

May 1 2020

Classification end of Leading Lineman Skilled $43.04 $43.88 $44.73 $45.69 Journeyman Lineman Journeyman

Status Skilled 40.64 41.45 42.27 43.20

48 months 38.76 39.54 40.33 41.23 42 months 37.01 37.77 38.54 39.42 36 months 35.20 35.94 36.69 37.55 30 months 33.64 34.36 35.09 35.93 24 months 33.40 34.12 34.85 35.69 18 months 30.52 31.20 31.89 32.69 12 months 28.37 29.02 29.68 30.45 6 months 24.33 24.93 25.54 26.26 Start 21.79 22.36 22.94 23.63 Groundman 24 months Non-Skilled 28.43 28.79 29.15 29.51 18 months 26.49 26.82 27.16 27.50 12 months 24.55 24.86 25.17 25.48 6 months 21.85 22.12 22.40 22.68 Start 19.81 20.06 20.31 20.56 Utility Maintenance Serviceman

24 months Semi-Skilled 31.64 32.14 32.64 33.15

18 months 28.51 28.97 29.43 29.90 12 months 25.41 25.83 26.25 26.68 6 months 22.31 22.69 23.07 23.46 Start 19.20 19.54 19.88 20.23 Leading Journeyman Fleet Mechanic

Skilled 37.63 38.40 39.18 40.07

Journeyman Fleet Mechanic

Journeyman Status

Skilled 35.23 35.97 36.72 37.58

48 months 33.43 34.15 34.88 35.72 42 months 31.73 32.43 33.14 33.95 36 months 30.11 30.79 31.47 32.26 30 months 28.28 28.93 29.59 30.36 24 months 26.97 27.61 28.26 29.01 18 months 25.99 26.61 27.24 27.98 12 months 24.77 25.38 26.00 26.73 6 months 23.13 23.72 24.32 25.02 Start 20.97 21.53 22.10 22.78

CLASSIFICATIONS AND RATES OF PAY continued

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STEP Job Grade May 1

2017

May 1 2018

May 1 2019

May 1 2020

Classification end of Stockkeeper I 12 months Semi- Skilled $31.6

7 $32.17 $32.67 $33.18 Start 29.30 29.77 30.24 30.72 Stockkeeper II 24 months Non- Skilled 27.54 27.88 28.23 28.58 18 months 25.92 26.24 26.57 26.90 12 months 24.15 24.45 24.76 25.07 6 months 21.32 21.59 21.86 22.13 Start 19.34 19.58 19.82 20.07 Labourer 18 month Non- Skilled 26.04 26.37 26.70 27.03 12 months 23.75 24.05 24.35 24.65 6 months 20.88 21.14 21.40 21.67 Start 18.73 18.96 19.20 19.44 Meter Readers 24 months Non Skilled 28.37 28.72 29.08 29.44 18 months 26.31 26.64 26.97 27.31 12 months 24.66 24.97 25.28 25.60 6 months 22.35 22.63 22.91 23.20 Start 20.83 21.09 21.35 21.62 Station & Services Technician I

12 months Skilled 39.73 40.53 41.34 42.26

Start 38.52 39.30 40.09 40.99 Technician II 54 months Skilled 37.40 38.17 38.95 39.84 48 months 35.44 36.18 36.93 37.79 42 months 33.49 34.21 34.94 35.78 36 months 31.88 32.58 33.29 34.11 30 months 29.89 30.56 31.24 32.03 24 months 28.14 28.79 29.45 30.22 18 months 26.40 27.03 27.67 28.42 12 months 24.69 25.30 25.92 26.64 6 months 23.11 23.70 24.30 25.00 Start 22.08 22.66 23.24 23.93 Journeyman Meter Technician

Journeyman Status

Skilled 37.85 38.62 39.40 40.29

48 months 35.91 36.66 37.42 38.29 42 months 33.96 34.68 35.41 36.25 36 months 32.33 33.03 33.74 34.56 30 months 30.38 31.06 31.75 32.55 24 months 28.61 29.27 29.94 30.71 18 months 26.87 27.51 28.15 28.90 12 months 25.15 25.76 26.38 27.11 6 months 23.56 24.15 24.75 25.46 Start 22.53 23.11 23.70 24.40

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Appendix A and Letter of Agreement – Red Seal Certification For the progression schedules, Journeyman Status is defined as:

Registration with MEARIE as a Journeyperson Powerline Technician for Journeyman Lineman.

Registration with MEARIE as a Journeyperson Meter Technician for Meter Technician.

Registration with the Ontario Ministry of Education and Training as a Truck and Coach

Technician for Journeyman Fleet Mechanic (Utility Maintenance Journeyman)

Employees will receive the top level of their respective progression schedules on the effective date of Issuance of their Journeyman status as indicated on their Certificate, provided all other requirements of the position have been met. Employees hired into the classification of Journeyman Lineman after July 7th, 2015 shall be required to obtain their Red Seal Certification in order to achieve the top Journeyman rate as outlined in schedule A of the Collective Agreement. Affected employees shall be required to obtain their Red Seal Certification within one (1) year of successfully completing the Mearie Journeyperson Powerline Technician Program. Immediately upon obtaining their Red Seal Certification, they shall immediately achieve the top Journeyman rate as outlined under Schedule A of the Collective Agreement provided all other requirements of the position have been met. Prior to obtaining their Red Seal Certification, and upon successful completion of the Mearie program, such employees shall be paid the forty-eight (48) month Journeyman Lineman pay rate provided all other requirements of the position have been met. Should any employee referenced in the preceding paragraph fail to successfully pass the Red Seal Examination and do not achieve their Red Seal Certification, they will be moved to the top Journeyman pay rate as outlined under Schedule A of the Collective Agreement one (1) year after successfully completing the Mearie Journeyperson Powerline Technician Program provided all other requirements have been met. The Company will cover the cost of the Red Seal Course and Examination and provide the employee with paid time off work to attend the Course and Examination. It is understood that the Company will make every reasonable effort to accommodate an employee’s request for time off to attend the Red Seal Course and Examination. An employee will not be required to reimburse the employer for any costs associated with the initial course and examination, including accommodations should they be required. However, should an employee be unsuccessful in obtaining the Red Seal Certification on their first attempt, they will be required to re-write the examination up to an additional two (2) times within one (1) year of completing the Mearie Journeyperson Powerline Technician Program. For each re-write, the employee will be responsible for covering the cost of the examination. The paid time off work for the employee to re-write the exam will

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be covered under Article 25.02 of the Collective Agreement, providing that there are available days in the bank to access. For current Journeyman Lineman who would like to obtain their Red Seal Examination, the Company will, for the employee’s initial attempt, cover the cost of the Red Seal course and examination and provide the employee with paid time off work to attend the course and examination. Should such an employee be unsuccessful in obtaining their Red Seal Certification, they will not be required to reimburse the Company any of the associated costs, including accommodations should they be required. Should any employee choose to re-write the exam, the employee will be responsible for covering the cost of the examination. The paid time off work for the employee to re-write the exam will be covered under Article 25.02 of the Collective Agreement, providing that there are available days in the bank to access. In order to accommodate an employee’s request for time off to attend the course and the Red Seal Examination, it is understood that the Company will make every reasonable effort. The Company will provide a responsibility pay differential of two dollars and forty cents ($2.40) per hour effective May 1, 2017 and effective May 1, 2018 two dollars and forty three cents ($2.43) per hour and effective May 1, 2019 two dollars and forty six cents ($2.46) and effective May 1, 2020 two dollars and forty-nine cents ($2.49) per hour above the appropriate rate of qualified employees in the Electric Department designated by Management to supervise for any given period of hours worked when in the opinion of Management, such on the job supervision is required.

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ARC RESISTANT CLOTHING POINTS SYSTEM COLLECTIVE AGREEMENT ARTICLE 27.02 EFFECTIVE MAY 1, 2008

Supplier Item Points SHIRTS

MWG Protera uniform shirt 12 JACKETS

MWG Nomex 3 in 1 jacket 58 MWG Protera Unlined jacket 16 MWG Protera bomber shell 32 MWG Protera fleece liner 30

BIB OVERALLS MWG Protera unlined bib overalls 20 MWG Protera lined bib overalls 36

COVERALLS MWG Protera unlined coveralls 27 MWG Protera lined coveralls 43

PANTS MWG Protera work pant 8 MWG Protera cargo pant 9

This list can be updated annually upon mutual agreement of the parties to accommodate suppliers and/or new products. Parties agree that the value of the above points will not change for the duration of the agreement (i.e 2008 benchmark.) All FR products to be non-chemically treated. ANNUAL POINTS AVAILABLE LINEMAN/GROUNDMAN 80 POINTS S&S TECHNICIAN 60 POINTS UTILITY MAINTENANCE SERVICEMAN 60 POINTS UNUSED POINTS WILL BE CARRIED FORWARD TO THE NEXT YEAR. CLOTHING POINTS SYSTEM

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COLLECTIVE AGREEMENT ARTICLE 27.03 EFFECTIVE MAY 1, 2008

Non-FR Clothing Item Points

SHIRTS work shirt, long sleeve blue 4

PANTS

work pants, blue 4

JACKETS windbreaker jacket, blue 8 bomber jacket, winter blue 13 parka, winter blue 17

COVERALLS/SMOCKS/SHOP COATS

unlined coveralls, summer blue 7 blue smock (welder style) 3 blue shop coat 6

Annual points available: Mechanic 35 Meter Reader 28 Maintenance Serviceman 28 Labourer 28 Stockkeeper 28

Note: Unused points will be carried forward to the next year.

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LETTER OF UNDERSTANDING 1. BANKING OF OVERTIME Forty (48) hours (24 hours at double time) can be accumulated per contract year. Banked hours will be taken at time determined by the Company consistent with the efficient operation of the Company and every effort will be made to arrange such banked time off for the convenience of the employees.

Banked time off for all employees is to be taken between December 1st and March 31st of the present contract year.

If banked time is not taken by March 31, of the present contract year then the banked time will be paid out with the first pay after March 31 of the present contract year. 2. ON CALL SCHEDULE

The new combined on-call schedule will be in effect. Parties to review rotation and call out procedure at a Labour Management meeting.

Seaforth Service Centre has a separate call out schedule and method of calling out the second person.

Dated this _____ day of _______ 2017 For the Corporation For the Union (I.B. E.W. Local 636) _______________________ __________________________ Ysni Semsedini Steve Boussey CEO Unit Chairperson

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LETTER OF UNDERSTANDING - 3 REPORTING TO WORK AT A SERVICE CENTRE DIFFERENT FROM YOUR NORMAL SERVICE CENTRE It is recognized that the Company can ask any employee that reports to work at their normal time to take a Company vehicle and work in a different work location. The Company can, prior to the end of the working day (and no company vehicle

provided), ask an employee to report to a different Service Centre on the next working day, subject to the following:

Employees will be selected on a voluntary basis and if volunteers are not forth coming

the selection will be made in reverse seniority order.

Each Stratford Lineperson can be asked to report to the Seaforth Service Centre at the normal reporting time in Seaforth and leave work in Seaforth area at the normal time. No limit in number of times. Effective May 1, ,2017, a $40.00 premium per person, per day, applies for reporting purposes. This paragraph also applies when Seaforth lineperson(s) are asked to work in Stratford. The premium payment will only apply to those employees assigned to a different Service Centre whose driving distance from their normal place of residence to the different Service Centre is equal to or greater than twenty-four (24) kilometers. Employees shall be given the option of using a Company vehicle when required to report for work at a different work location. Under such circumstances, the employee will be required to report for work at the normal start time and leave work at the normal end time. No premium payment would apply if using a Company vehicle. The above can be reviewed at the Labour Management Meetings. Dated this _____ day of _______ 2017. For the Corporation For the Union (I.B. E.W. Local 636) _______________________ __________________________ Ysni Semsedini Steve Boussey CEO Unit Chairperson

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LETTER OF UNDERSTANDING - 4

BETWEEN Festival Hydro Inc.

and Local Union 636 of the International Brotherhood of Electrical Workers (I.B.E.W. Local

636) RE: A Trial Five Month Period for May 1 – September 29 2017 for a 7am-3pm Shift

Arrangement This Letter of Understanding, between Festival Hydro Inc. and I.B.E.W. Local 636 outlines the terms and conditions to develop a five (5) month trial arrangement for Line Crews and Utility Servicemen to work a 7:00 am to 3:00 pm shift from May through September. The success and continuation of this initiative will be largely dependent on co-operative efforts of all participating employees and both parties. The parties will set up a subcommittee to discuss the specifics of the work arrangement. The parties will meet monthly to discuss the results. After a three-month period both parties need to agree to continue with the remaining two months in the trial period. Any future 7:00am to 3:00pm shift will only be by mutual agreement of the parties. All terms and conditions of the Agreement not amended by this letter shall still apply. Dated this _____ day of _______ 2017 For the Corporation For the Union (I.B. E.W. Local 636) _______________________ __________________________ Ysni Semsedini Steve Boussey CEO Unit Chairperson

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LETTER OF UNDERSTANDING - 5

BETWEEN

Festival Hydro Inc.

and

Local Union 636 of the International Brotherhood of Electrical Workers (I.B.E.W. Local 636)

RE: Time Allowance for Break Times

Festival Hydro Inc. (the Company) and I.B.E.W. Local 636 (the Union) agree to the following concerning articles 13.04 (a) (b) and 13.05 of the collective agreement as they relate to hours of work:

1. The Company recognizes that it is the established practice of all Union members to take two (2) fifteen (15) minute work breaks during an eight (8) hour work day with a twenty (20) minute paid lunch on the job. The Company agrees to continue to observe this practice for the life of this agreement.

2. The Company and the Union agree to meet and develop alternatives to this arrangement with the intent of achieving efficiencies (e.g. minimize truck set ups and break downs). Implementation of alternatives are subject to mutual agreement by both parties.

Dated this _____ day of _______ 2017 For the Corporation For the Union (I.B. E.W. Local 636) _______________________ __________________________ Ysni Semsedini Steve Boussey CEO Unit Chairperson

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LETTER OF UNDERSTANDING - 6 BETWEEN

Festival Hydro Inc. and

Local Union 636 of the International Brotherhood of Electrical Workers (I.B.E.W. Local 636)

RE: Stockkeeper II Position – Non-Skilled and Semi-Skilled This Letter of Understanding, between Festival Hydro Inc. and I.B.E.W. Local 636 outlines the terms and conditions to recognize the current employee in the position of Stockkeeper II as Semi-Skilled as it relates to Article 7.02 and Appendix A of the Collective Agreement. It is understood that the position of Stockkeeper II will be classified as Non-Skilled for the purposes of the Collective Agreement and any new employee hired into the position of Stockkeeper II will be classified as Non-Skilled. All terms and conditions of the Agreement not amended by this letter shall still apply. Dated this _____ day of ________________ 2017. For the Corporation For the Union (I.B. E.W. Local 636) _______________________ __________________________ Ysni Semsedini Steve Boussey CEO Unit Chairperson

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LETTER OF UNDERSTANDING - 7 BETWEEN

Festival Hydro Inc. and

Local Union 636 of the International Brotherhood of Electrical Workers (I.B.E.W. Local 636)

RE: FR and Non FR Clothing This Letter of Understanding, between Festival Hydro Inc. and I.B.E.W. Local 636 outlines the terms and conditions reached at Collective Bargaining. Effective May 1, 2017, the Company will provide a one-time offering of eighty (80) points for each lineman to utilize for the purchase of clothing for the October 2017 purchase. The parties also agree to meet approximately three months prior to the distribution of the clothing order form to review FR and Non FR clothing options. The parties will meet each year. The addition and subtraction of clothing options will be subject to mutual agreement. All terms and conditions of the Agreement not amended by this letter shall still apply. Dated this _____ day of ____________________ 2017. For the Corporation For the Union (I.B. E.W. Local 636) _______________________ __________________________ Ysni Semsedini Steve Boussey CEO Unit Chairperson