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The management consultant argued that the agreement was limited to OPG`s specific circumstances at the time of its conclusion and, in any event, applied only to PSM operating at the time of conclusion of the agreement. OPG argued that the words « without prejudice or precedent » spoke in favour of the limited scope of the agreement. The case is remarkable because the direct responsibility of management is to demonstrate that agreements of this kind are not enforceable in the future. The facts were simple. A few years ago, due to OPG`s desire to improve its relationship with the company, the parties reached an agreement that guaranteed that OPG`s Eastern Operations Project Managers (PSMs) would work 40 pensionable hours per week (up from 35). The agreement began with the words « without prejudice or precedent » and was signed by OPG`s Vice President of Hydro Operations. OPG`s local`s efforts to negotiate a fair deal were hampered by Premier Doug Ford`s Bill 124, which limits wage increases to 1%, which is well below inflation. Despite this restriction on monetary issues, the union and management team held collective bargaining for 10 days, including a final meeting on September 24 that lasted until late into the night. The arbitrator also accepted that the words « without prejudice or precedent » were intended to limit the geographical scope of the agreement – not its ongoing application. The facts were simple.

A few years ago, due to OPG`s desire to improve its relationship with the company, the parties agreed to an agreement that guaranteed that Project Managers (PSMs) would provide 40 hours of rest per week (compared to 35) for opG Eastern Operations. The agreement began with the words « without prejudice or precedent » and was signed by OPG`s Vice President of Hydropower Plants. When Arbitrator Davie continued to make the agreement applicable, he first noted that the agreement did not have an expiry date or time-limited wording and, second, that the agreement was not limited to PSM employed at the time of the agreement. The arbitrator also agreed that the words « without prejudice or precedent » should limit the geographical scope of the agreement – not its current application. The Administrative Counsel argued that the agreement was limited to OPG`s particular circumstances at the time of the conclusion of the contract and, in any event, applied only to LDCs operating at the time of the agreement. OpG argued that the clauses « without prejudice or precedent » reflect the limited scope of the agreement. The case is remarkable because it is directly incumbent on the administration to demonstrate that such agreements are not applicable on a prospective basis. The company argued that the words « without prejudice or precedent » were used to limit the application of the agreement to OPG`s activities in the East and to prevent the agreement from creating a provincial standard. The Independent Electricity System Operator (IESO) Local will start negotiations on the renewal of collective agreements on 1 November. Like OPG Local, IESO Local is also affected by Bill 124.

IESO Local Vice President Martin Hastings said a bargaining survey will be distributed in the coming weeks to gather feedback from members on the company`s priorities for the next round of bargaining. The clause itself should not limit the binding nature of the agreement. The company also argued that the collective agreement itself provides for such agreements between the parties and that management – not the European Union – is responsible for demonstrating that such agreements do not apply to the employer. Through the Society of United Professionals: The Society of United Professionals was founded more than 70 years ago by engineers who wanted better working conditions. Today, the company represents 8,000 Ontario professionals in the public, private and not-for-profit sectors. Members of the company include engineers, lawyers and supervisors, among many other professions. Learn more about www.thesociety.ca and follow us on Facebook, Twitter and YouTube. The collective agreement between Hydro One Inc. and the company employs approximately 1,500 people in critical engineering, oversight and administrative roles. Finally, the recently established Local of the Technical Standards and Safety Authority is preparing to negotiate its first collective agreement.

Although the TSSA was established by statute of the Government of Ontario, it is not subject to Bill 124. Local members meet regularly to define their negotiating priorities. Arbitrator Davie upheld the Society of Energy Professionals` complaint against Ontario Power Generation (« OPG ») seeking compliance with an agreement entered into by the parties outside the collective bargaining process until the parties have expressly renegotiated the agreement. The arbitrator rejected OPG`s claim that « management rights » could be claimed on a whim to void an agreement that had been voluntarily entered into by both parties and had been retained for many years. The company argued that the words « without prejudice or precedent » were included to limit the application of the agreement to OPG`s eastern operations and to prevent the agreement from creating a provincial standard. The rate should not limit the binding nature of the agreement itself. The company also argued that the collective agreement itself provides for this type of agreement between the parties and that management – not the European Union – has the burden of proving that such agreements are not enforceable against the employer. Arbitrator Davie upheld Energy Professionals Corporation`s claim against Ontario Power Generation (« OPG ») to enforce an agreement reached by the parties outside the collective bargaining process until the parties expressly renegotiate the agreement. The arbitrator rejected OPG`s assertion that « management rights » could be claimed on a whim to deny a voluntary agreement between both parties that had been respected for many years. « The Society of United Professionals is proud to work with employers to negotiate fair collective agreements for all, » said Scott Travers, president of the company.

« I am very pleased that our members voted in favour of this agreement. » TORONTO, April 30, 2019 /PRNewswire/ — Hydro One Inc. and the Society of United Professionals (« the Company ») are pleased to announce that union members have voted in favour of a two-year collective agreement. « This agreement recognizes the significant contributions of our employees to providing exceptional customer service, reducing costs, improving the reliability of Ontario`s electricity system and increasing shareholder value, » said Paul Dobson, Executive Chairman and Chief Executive Officer of Hydro One. Noting that the agreement was binding ongoing, Arbitrator Davie noted, first, that the agreement did not have an expiry date or time-limited wording, and second, that the agreement was not limited to PSM employed at the time of the agreement. The arbitrator also admitted that the reason OPG signed the agreement in the first place was to improve relations with the company, rather than in response to a changing business climate. If the agreement had only been designed to meet specific operational requirements at that time, OPG could have unilaterally prescribed different working hours for PSM without resorting to such an agreement (exercising its management rights). The fact that the agreement had been reached strongly suggested that it should constitute a binding agreement between the parties. A copy of Arbitrator Davie`s decision can be found here. Jeff Andrew was an advisor to the company in the proceedings. While the company is challenging Bill 124 in court, the local is focusing on the non-monetary issues raised by members in the pre-bargaining survey.

Topics the company is working on at the bargaining table include how the redeployment will work when the shutdown begins in Pickering, working from home, resolving issues related to the Clarington move, repatriating contract work currently performed by New Horizon System Solutions, and the level of outsourcing allowed in the company`s jurisdiction. The Society also seeks to improve the overall health benefits of members. In the meantime, the company is preparing to start negotiations with two other premises. .