OPG/PWU Memorandum of Settlement – 2024

Yes, all the provisions from the MOS dated August 7th, 2024 remain without change except for the Letter of Understanding regarding Religious Observance Leave. Paragraph 4 of the Letter of Understanding is changed to reflect the change in ratification dates. The newParagraph 4 will read:

Requests for Religious Observance Leave must be submitted by employees to their supervisor, in writing, no later than January 15, 2025 for the period of February 1, 2025-July 31, 2025

No, employment security provisions of the collective agreement do not change from the current collective agreement.

All Regular employees have the same employment security under the Collective Agreement. This is not altered by the MOS.

Term employees converted to Regular status in accordance with the Pickering Refurbishment Project (PRP) Memorandum of Agreement are covered by Article 11, which prohibits involuntary layoffs, and all other applicable surplus staff processes, specifically the Pickering Transition Agreement (PTA), subject to the following:

Under the PRP agreement, the Company is not obligated to place Term employees converted to Regular status through the PRP agreement who remain unplaced following the PTA’s Temporary Surplus Placement Process into Incremental Positions and would have the right to layoff any such employees. This language was part of the PRP negotiations which resulted in the conversion over 700 Term employees to Regular status and was abackstop for the Company at the time of signing the PRP MOA should there be a change in the Pickering Refurbishment Project.

The implementation of the PTA will occur if a decision is made by OPG to shut down operation of Pickering and not proceed with the refurbishment of Pickering Units 5-8. Otherwise, the prohibition on involuntary layoffs will remain in place. For clarity, the MOS has no effect on the employment security of Regular employees.

The Treasury Board authorized a lump sum pensionable payment of $10,000 for all active employees as a settlement to resolve issues related to the Bill 124 moderation period. Based on previous Bill 124 arbitration decisions, specifically the decision regarding Brighton Beach that awarded a 2.5% increase without any retroactive payment or damages, the Bargaining Committee felt that the lump sum payment was an acceptable path forward

OPG will endeavour to pay the lump sum payment prior to December 31st, 2024.

An additional $10,000 will be added to your pensionable income for the year of 2024. This will be used to calculate a member’s best years when they are calculating their pensions

Active Appendix A and Temporary PWU employees will have the lump sum payment prorated on a monthly basis. For example, an Appendix A member who was employed for 24 months between April 1st, 2021 and March 31st, 2024 will receive an amount equivalent to 24 out of the 36 months or two thirds (2/3) of the $10,000 (approximately $6,667).

The cumulative effect of the settlement to the Bill 124 moderation period is to add 2.50% to the negotiated increase, The negotiated increase over the duration of the collective agreement would be 10% which, with the 2.50% settlement would equal 12.50%.

The 2.50% settlement to the Bill 124 moderation period will be added to the 2023 wage rate in the collective agreement. After the 2.50% is added the negotiated 3.75% increase will be calculated on the newly established rate.

The calculation of the new wage rates and the payment of the wage increase and retroactive payment normally take 2 to 3 months.

The resolution to the issues related to Bill 124 means that OPG and the PWU have settled all issues and claims arising from the PWU’s court application. With the uncertainty litigation entails, the possibility that we would not achieve the same or a better outcome from the court, and the fact that the litigation process would likely stretch on for years if it wasn’t settled now, the settlement has been endorsed by PWU General Counsel.

The Treasury Board authorized a lump sum pensionable payment of $10,000 for all active employees as a settlement to resolve issues related to the Bill 124 moderation period. Based on previous Bill 124 arbitration decisions, specifically the decision regarding Brighton Beach that awarded a 2.5% increase without any retroactive payment or damages, the Bargaining Committee felt that the lump sum payment was an acceptable path forward.

The following outlines the 2023 R&Cs and the corresponding changes. Should Sunlife increase the reasonable and customary amounts in excess of the newly negotiated rates
the higher rate will be paid.
Service                                           2023 2024 2025
Chiropractor – Initial visit             $120   $165   $165
Chiropractor – Subsequent visit   $65     $74     $74
Physiotherapy – Initial visit           $125   $170   $170
Physiotherapy – Subsequent visit $100  $114    $114
Registered Clinical Psychologist    $225  $255   $255
Registered Psychotherapist            $170   $188   $188

If the new MOS is not ratified by the membership the PWU will request a “no board report”. Once received, the “no board report” will put the members at OPG into a legal strike position. Once in a legal strike position the PWU will give notice of a withdrawal of services to OPG. After the notice has been given PWU members will withdraw services. The notice may result in the government introducing legislation that may prohibit the withdrawal of services and add other conditions the government deems appropriate. For example, in 2018 the government legislation referred the collective agreement to interest arbitration

During the ratification vote for the August 7, 2024 MOS members were given the opportunity to attend meetings and receive clarification on the negotiated changes. A small number of members chose to attend the meetings. The new MOS dated October 30, 2024 contains limited but significant and easily understood changes to the August 7, 2024 MOS, including as settlement to the Bill 124 moderation period, an increase in wages of 2.50% and a lump sum pensionable payment of $10,000 and an increase in benefits. By utilizing the electronic vote the decision on the ratification of this MOS will be completed in a more expeditious manner and, if accepted by the membership, ratification and a resolution to the Bill 124 issue.

Yes, $10,000 lump sum payment, less deductions required by law, is payable to all active Regular and Term Employees on the date of ratification.

Any active employee on the date of ratification, whose base position is inside of the PWU bargaining unit, is eligible for the $10,000 lump sum payment. This includes members temporarily assigned outside of the PWU bargaining unit on a temporary rotation, to Society or Management, or daily step-ups into the Society bargaining unit. This has been confirmed by OPG.