36.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on matters of common interest.
36.02 Subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties.
37.01 The Employer will continue past practice in giving all reasonable consideration to continued employment in the public service of employees who would otherwise become redundant because work is contracted out.
38.01 The Public Service Labour Relations Act provides penalties for engaging in illegal strikes. Both parties agree that disciplinary action may also be taken, which will include penalties up to and including termination of employment, for participation in an illegal strike as defined in the Public Service Labour Relations Act.
39.01 This Agreement may be amended by mutual consent. If either party wishes to amend or vary this Agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss such proposal not later than one calendar month after receipt of such notice.
40.01 The Employer agrees, where an employee permanently loses his or her Flight Crew Licence due to medical or proficiency reasons, to continue the present practice of making every reasonable effort to find suitable employment either within the department or elsewhere in the public service.
40.02 Where an employee, who has been denied renewal of his or her Flight Crew licence on the grounds that he or she does not meet the prescribed medical standards, applies for a review of his or her case to the Civil Aviation Medical Advisory Panel, the Employer will reimburse the employee for the cost of any additional medical examinations which he or she is required to undergo.
41.01 The Employer shall reimburse an employee for his or her payment of fees incurred in:
42.01 Agreements concluded by the National Joint Council of the public service on items which may be included in a collective agreement, and which the parties to this Agreement have endorsed after December 6, 1978, will form part of this Collective Agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in Section 113(b) of the PSLRA.
42.02 NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairman of the Public Service Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective on December 6, 1978.
43.01 If an employee on a designated holiday or a day of rest or after he or she has completed his or her work for the day and has left his or her place of work is called back to work and returns to work he or she shall be entitled to the greater of:
Time spent by an employee reporting to work or returning to his or her residence shall not constitute time worked.
43.02 An employee who receives a call to duty or responds to a telephone or data line call on a designated holiday or a day of rest or after he or she has completed his or her work for the day, may, at the discretion of the Employer, work at the employee's residence or at another place to which the Employer agrees. In such instances, the employee shall be paid the greater of:
45.01 A Helicopter Pilot shall receive a weekly allowance of thirty (30) hours at time and one-half (1 1/2) for each period of seven (7) consecutive days in which he or she is required to undertake shipboard or special assignment duties, and periods of less than seven (7) consecutive days on shipboard or special assignment duties will be pro-rated, provided that:
47.01 The parties agree that the maintenance of Professional Aviation Currency is necessary for the Employer to fulfil its mandate and for employees to carry out their duties.
47.02 The Employer shall provide each medically fit Civil Aviation Inspector (CAI) with the opportunity to maintain his/her Professional Aviation Currency through the use of Departmental aircraft or an approved alternate professional currency program.
47.03 Professional Aviation Currency is deemed to have been met as a minimum, by the possession and maintenance of the Airline Transport Pilot Licence (ATPL) and Group 1 or Group 4 Instrument Rating/Pilot Proficiency Check or a Commercial Helicopter Pilot Licence and Group 4 Instrument Rating/Pilot Proficiency Check.
47.04 The Employer shall assign each employee in accordance with the criteria and procedures established between the Employer and the Union to a Professional Aviation Currency Program.
47.05 With the exception of 47.04 above all changes to the Transport Canada Professional Aviation Currency Policy for Civil Aviation Inspectors and the TSB policy on CAI Professional Aviation Currency shall be accomplished by means of mutual agreement between the parties.
48.01 Where an employee is involved in an accident or incident related to the operation of an aircraft while performing his duties, the employee may be removed from flying status and assigned alternate duties pending the outcome of any investigation into the accident or incident undertaken by the Employer or the Canadian Transportation Accident Investigation and Safety Board (CTAISB) or both.
48.02 If after seven (7) days the employee has not been returned to all duties, including flying status, written notification must be provided along with the reasons therefore, to the employee with a copy to the Union.
48.03 In cases involving aircraft accidents or incidents the employee will not be required to commit orally or in writing to the Employer for a period of twenty-four (24) hours following the accident or incident unless the employee has the opportunity to be represented by the Union and has been afforded the opportunity of a medical examination by a medical examiner approved by the Union and the Employer.
48.04 Where an investigation is undertaken by the Employer, pursuant to the above, every effort shall be made to issue a formal report within three (3) months.
48.05 Both the employee involved and the Union will be informed on a regular basis of the course of such an investigation and will be provided with a copy of any interim or final report resulting therefrom.
48.06 Where an employee provides information or evidence to an investigation for the purposes of determining the circumstances and/or cause of an aviation accident or incident such information will be used exclusively for the purposes of flight safety and shall not be used against any person in any legal or disciplinary proceedings except as provided for in accordance with the Canadian Transportation Accident Investigation and Safety Board (CTAISB) Act.
48.07 Where disciplinary action is considered following the issuance of an accident or incident investigation report, the provisions of Article 35.12 shall be applicable from the date of issue of such report.
49.01 An employee shall be notified in writing of any investigation that may result in disciplinary action being taken against the employee by the Employer. Such notice shall contain a description of the allegations and make known the office and/or individuals that will be carrying out such investigation.
49.02 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Canadian Federal Pilots Association (CFPA) attend the meeting. The employee shall be advised by the Employer of his or her right to Union representation. The employee shall receive a minimum of one (1) day's notice of such a meeting.
49.03 The Employer shall notify the local representative of the CFPA as soon as possible that such suspension or termination has occurred.
49.04 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.
49.05 Subject to the Access to Information Act and Privacy Act, the Employer will provide the employee access to the information used during the disciplinary investigation.
50.01 Developmental training or education, including attendance at certain seminars, symposiums and conferences, represents opportunities for development to the employee beyond that which the Employer requires of the employee to maintain the employee's competency in the employee's current position. Specifically, developmental training and education is employee requested not Employer required.
50.02 Where developmental training or education is arranged by the Employer and an employee is given the opportunity to attend, the employee shall be informed in advance of what is likely to be involved in respect of the employee's personal time above and beyond the employee's normal hours of work both in respect of travel and attendance at such activities.
50.03 Developmental training or education opportunities do not always associate themselves with the normal hours of work. If the employee wishes to be given the opportunity to attend and is permitted to do so, the employee shall only be entitled to normal travel expenses incurred and regular salary and in these circumstances the overtime and traveling time provisions of the collective agreement will not apply.
51.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.
52.01 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the work force will be accomplished through attrition.
53.01 The Employer shall provide legal advice and assistance to an employee who is required to appear at a coroner's inquest or judicial/magisterial inquiry, or who is a party to or is required to attend as a witness at a civil or criminal legal action, arising out of the performance of the employee's duties.
53.02 If the employee so desires, he or she may select legal counsel of his or her choice, and the legal fees for such representation shall be borne by the employee. Where, in the opinion of the Employer, a conflict of interest may exist, the Employer shall pay the legal fees for such representation, in accordance with the schedule of fees established for agents of the Department of Justice.
54.01 The duration of this Collective Agreement shall be from the date it is signed to January 25, 2011.
54.02 Unless otherwise expressly stipulated the provisions of this Agreement shall become effective on the date it is signed.
54.03 The provisions of this Collective Agreement shall be implemented by the parties within a period of one hundred and twenty (120) days from the date of signing.
Signed at Ottawa, this 14th day of August, 2009.