Common use of Establishment of Thresholds Clause in Contracts

Establishment of Thresholds. The establishment of the threshold is designed to remove from the process on a case by case basis certain issues relating to purchased services. The threshold will operate in such a way as to allow flexibility in local decision making. Any decisions regarding what is below the threshold will be non-precedent setting. If there is a dispute with the union on whether the proposed purchased service is permitted by the threshold and there is no consensus, and if it makes sense in the circumstances the dispute will be resolved before the purchased service occurs. Lack of agreement on obtaining an advance resolution will not preclude the work from being performed, neither will it preclude the matter from being resolved under the process. The guidelines to determine whether a purchased service is below the threshold are as follows: subject matter lacking in substance; or any consequences are relatively insignificant; or where the nature or consequences of the work which represents a purchased service is remote from work currently performed by the on a continuing basis. For purposes of clarity, this does not mean geographically remote; or Work being done for by OPT and at the point each company is spun off from and work of the same nature done by these companies in the future, so long as the Union continues to represent the employees of these companies. Except in the case of an emergency, failure by the Company to supply the Union with the following information by fax or as otherwise agreed will result in the work in question being deemed to be above threshold. (In the case of emergency such decisions to use purchased services will be subject to the same information requirements, review and dispute resolution as non-emergency cases). The Company will notify the Union of the: Except in the case of emergency, after receipt of the above information regarding the work the union shall have three (3) working days to request an opportunity to discuss the proposed purchased service, failing which the proposed purchased service will be deemed to be below threshold. The parties will make themselves available for discussion within three (3) working days of the for a discussion. Upon request, once the work has been performed the Company will provide the Union with the details of the final contract costs. Threshold grievances will be completed by the Chief Xxxxxxx responsible for the and presented to the line management person responsible for the work in question. Line management must respond in writing to the grievance citing its position within hours (as is required with all other grievances). Both parties should endeavour locally to complete a Record of Discussion form or an agreed statement of fact sheet. The office will assign a grievance number. Copies of the completed grievance and associated fact sheets or Records of Discussion forms should be sent to the office and Labour Relations Corporate Human Resources. Grievances will be referred to Arbitration and scheduled through joint agreement between Labour Relations Corporate Human Resources and the office. If it makes sense to do so, local discussions may take place with a view to resolving the threshold grievance up to the arbitration date. shall be appointed as Facilitator to assist the parties to resolve all issues of application and interpretation of this Article with the power and authority of an arbitrator under the Ontario Labour Relations Act but not subject to the Arbitrators' Act. Any dispute between the parties relating to whether this Article applies to any decision to use purchased services or if a purchased service falls within the categories set out in will be determined in an expedited manner by the facilitator whose decision shall be final and binding. The Union will not be prejudiced in any subsequent case by a particular purchase of services. Similarly, the Company will not be prejudiced by any decision not to purchase services. This applies to all cases including threshold cases.

Establishment of Thresholds. The establishment of the threshold is designed to remove from the process on a case by case basis certain issues relating to purchased services. The threshold will operate in such a way as to allow flexibility in local decision making. Any decisions regarding what is below the threshold will be non-precedent setting. , If there is a dispute with the union Union on whether the proposed purchased service is permitted by the threshold and there is no consensus, and if it makes sense in the circumstances the dispute will be resolved before the purchased service occurs. Lack of agreement on obtaining an advance resolution will not preclude the work from being performed, neither will it preclude the matter from being resolved under the process. The guidelines to determine whether a purchased service is below the threshold are as follows: subject matter lacking in substance; or any consequences are relatively insignificant; or where the nature or consequences of the work which represents a purchased service is remote from work currently performed by the on a continuing basis. For purposes of clarity, this does not mean geographically remote; or Work being done for by OPT and at emergencies; or any work performed under a manufacturer’s warranty, except where the point each company is spun off from and work of manufacturer authorized the same nature done by these companies in Company to do the future, so long as the Union continues to represent the employees of these companieswork. Except in the case of an emergency, failure by the Company to supply the Union with the following information by fax or as otherwise agreed will result in the work in question being deemed to be above threshold. (In the case of emergency such decisions to use purchased services will be subject to the same information requirements, review and dispute resolution as non-emergency cases). cases The Company will notify the Union of the: Value of Work as reflected in or Estimate Documents Scope of the Work Location of Work Estimated Date of Commencement and Duration of the Work Except in the case of emergency, after receipt of the above information regarding the work the union Union shall have three (3) working days to request an opportunity to discuss the proposed purchased service, failing which the proposed purchased service will be deemed to be below threshold. The parties will make themselves available for discussion within three (3) working days of the request for a discussion. Upon request, once the work has been performed the Company will provide the Union with the details of the final contract costs. Threshold grievances will be completed by the Chief Xxxxxxx responsible for the and presented to the line management Management person responsible for the work in question. Line management Management must respond in writing to the grievance citing its position within forty-eight (48) hours (as is required with all other grievances). Both parties should endeavour locally to complete a Record of Discussion form or an agreed statement of fact sheet. The office will assign a grievance number. Copies of the completed grievance and associated fact sheets or Records of Discussion forms should be sent to the office and Labour Relations Corporate Human Resources. , Grievances will be referred to Arbitration and scheduled through joint agreement between Labour Relations Corporate Human Resources and the office. If it makes sense to do so, local discussions may take place with a view to resolving the threshold grievance up to the arbitration date. shall be appointed as Facilitator to assist the parties to resolve all issues of application and interpretation of this Article with the power and authority of an arbitrator under the Ontario Labour Relations Act but not subject to the Arbitrators' ’ Act. Any dispute between the parties relating to whether this Article applies to any decision to use purchased services or if a purchased service falls within the categories set out in will be determined in an expedited manner by the facilitator whose decision shall be final and binding. The Union will not be prejudiced in any subsequent case by a particular purchase of services. Similarly, the Company will not be prejudiced by any decision not to purchase services. This applies to all cases including threshold cases.

Establishment of Thresholds. The establishment of the threshold is designed to remove from the process on a case by case basis certain issues relating to purchased services. The threshold will operate in such a way as to allow flexibility in local decision making. Any decisions regarding what is below the threshold will be non-precedent setting. If there is a dispute with the union on whether the proposed purchased service is permitted by the threshold and there is no consensus, and if it makes sense in the circumstances the dispute will be resolved before the purchased service occurs. Lack of agreement on obtaining an advance resolution will not preclude the work from being performed, neither will it preclude the matter from being resolved under the process. The guidelines to determine whether a purchased service is below the threshold are as follows: subject matter lacking in substance; or any consequences are relatively insignificant; or where the nature or consequences of the work which represents a purchased service is remote from work currently performed by the on a continuing basis. For purposes of clarity, this does not mean geographically remote; or emergencies; or any work performed under a manufacturer’s warranty, except where the manufacturer authorized the Company to do the work. Work being done for by OPT and at the point each company is spun off from and work of the same nature done by these companies in the future, so long as the Union continues to represent the employees of these companies. Except in the case of an emergency, failure by the Company to supply the Union with the following information by fax or as otherwise agreed will result in the work in question being deemed to be above threshold. (In the case of emergency such decisions to use purchased services will be subject to the same information requirements, review and dispute resolution as non-emergency cases). .) The Company will notify the Union of the: Value of Work as reflected in or Estimate Documents Scope of the Work Location of Work Estimated Date of Commencement and Duration of the Work Except in the case of emergency, after receipt of the above information regarding the work the union shall have three (3) working days to request an opportunity to discuss the proposed purchased service, failing which the proposed purchased service will be deemed to be below threshold. The parties will make themselves available for discussion within three (3) working days of the request for a discussion. Upon request, once the work has been performed the Company will provide the Union with the details of the final contract costs. Threshold grievances will be completed by the Chief Xxxxxxx responsible for the and presented to the line management person responsible for the work in question. Line management must respond in writing to the grievance citing its position within hours (as is required with all other grievances). Both parties should endeavour locally to complete a Record of Discussion form or an agreed statement of fact sheet. The office will assign a grievance number. Copies of the completed grievance and associated fact sheets or Records of Discussion forms should be sent to the office and Labour Relations Corporate Human Resources. Grievances will be referred to Arbitration and scheduled through joint agreement between Labour Relations Corporate Human Resources and the office. If it makes sense to do so, local discussions may take place with a view to resolving the threshold grievance up to the arbitration date. shall be appointed as Facilitator to assist the parties to resolve all issues of application and interpretation of this Article with the power and authority of an arbitrator under the Ontario Labour Relations Act but not subject to the Arbitrators' Act. Any dispute between the parties relating to whether this Article applies to any decision to use purchased services or if a purchased service falls within the categories set out in will be determined in an expedited manner by the facilitator whose decision shall be final and binding. The Union will not be prejudiced in any subsequent case by a particular purchase of services. Similarly, the Company will not be prejudiced by any decision not to purchase services. This applies to all cases including threshold cases.

Establishment of Thresholds. The establishment of the threshold is designed to remove from the process on a case by case basis certain issues relating to purchased services. The threshold will operate in such a way as to allow flexibility in local decision making. Any decisions regarding what is below the threshold will be non-precedent setting. If there is a dispute with the union on whether the proposed purchased service is permitted by the threshold and there is no consensus, and if it makes sense in the circumstances the dispute will be resolved before the purchased service occurs. Lack of agreement on obtaining an advance resolution will not preclude the work from being performed, neither will it preclude the matter from being resolved under the process. The guidelines to determine whether a purchased service is below the threshold are as follows: subject matter lacking in substance; or any consequences are relatively insignificant; or where the nature or consequences of the work which represents a purchased service is remote from work currently performed by the on a continuing basis. For purposes of clarity, this does not mean geographically remote; or emergencies; or any work performed under a manufacturer’s warranty, except where the manufacturer authorized the Company to do the work. Work being done for by OPT and at the point each company is spun off from and work of the same nature done by these companies in the future, so long as the Union continues to represent the employees of these companies. Except in the case of an emergency, failure by the Company to supply the Union with the following information by fax or as otherwise agreed will result in the work in question being deemed to be above threshold. (In the case of emergency such decisions to use purchased services will be subject to the same information requirements, review and dispute resolution as non-emergency cases). .) The Company will notify the Union of the: Value of Work as reflected in or Estimate Documents Scope of the Work Location of Work Estimated Date of Commencement and Duration of the Work Except in the case of emergency, after receipt of the above information regarding the work the union shall have three (3) working days to request an opportunity to discuss the proposed purchased service, failing which the proposed purchased service will be deemed to be below threshold. The parties will make themselves available for discussion within three (3) working 3)working days of the request for a discussion. Upon request, once the work has been performed the Company will provide the Union with the details of the final contract costs. Threshold grievances will be completed by the Chief Xxxxxxx responsible for the and presented to the line management person responsible for the work in question. Line management must respond in writing to the grievance citing its position within hours (as is required with all other grievances). Both parties should endeavour locally to complete a Record of Discussion form or an agreed statement of fact sheet. The office will assign a grievance number. Copies of the completed grievance and associated fact sheets or Records of Discussion forms should be sent to the office and Labour Relations Corporate Human Resources. Grievances will be referred to Arbitration and scheduled through joint agreement between Labour Relations Corporate Human Resources and the office. If it makes sense to do so, local discussions may take place with a view to resolving the threshold grievance up to the arbitration date. shall be appointed as Facilitator to assist the parties to resolve all issues of application and interpretation of this Article with the power and authority of an arbitrator under the Ontario Labour Relations Act but not subject to the Arbitrators' Act. Any dispute between the parties relating to whether this Article applies to any decision to use purchased services or if a purchased service falls within the categories set out in will be determined in an expedited manner by the facilitator whose decision shall be final and binding. The Union will not be prejudiced in any subsequent case by a particular purchase of services. Similarly, the Company will not be prejudiced by any decision not to purchase services. This applies to all cases including threshold cases.