Aircraft Operations (AO) 401
Article 36 - Joint Consultation
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.
- To facilitate discussions on matters of mutual interest outside the terms of the collective agreement including training and career development, the Employer will recognize an Aircraft Operations Group Committee of the Union for the purpose of consulting with management. Representation at such meetings will normally be limited to five (5) representatives from each party, or as mutually agreed.
- Consultation may take place for the purpose of providing information, discussing the application of policy or airing problems to promote understanding, but it is expressly understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.
Article 37 - Contracting Out
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.
Article 38 - Illegal Strikes
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.
Article 39 - Agreement Re-Opener
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.
Article 40 - Loss of Licence
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.
Article 41 - Licence and Medical Fees
41.01 The Employer shall reimburse an employee for his or her payment of fees incurred in:
medical examinations, including but not limited to electrocardiograms, specialist
reports and x-rays, when required by the licensing authority, for the purpose of
the renewal of a Flight Crew licence;
- renewing his or her Flight Crew licence including ratings and endorsements thereto, when required by the Employer as a condition for the continuation of the performance of the duties of his or her position.
41.02 The Employer shall reimburse an employee for the payment of membership or registration fees to an organization or governing body when the payment of such fees is required by the Employer for the continuation of the performance of the duties of the employee's position.
41.03 Membership dues referred to in Article 17, Check-Off, of this Agreement are specifically excluded as reimbursable fees under this article.
Article 42 - National Joint Council Agreements
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.
Article 43 - Call-Back
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:
at the applicable overtime rate for any time worked,
- compensation equivalent to four (4) hours' pay at the straight time rate except that this minimum shall only apply once during a single eight (8) hour period, starting when the employee first commences the work and provided that the period worked by the employee is not contiguous to the employee's normal hours of work.
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:
at the applicable overtime rate for any time worked,
- compensation equivalent to one (1) hour's pay at the straight time rate, which shall apply only the first time an employee performs work during an eight (8) hour period, starting when the employee first commences the work and provided that the period worked by the employee is not contiguous to the employee's normal hours of work.
Article 44 - Standby
- An employee will be considered to be on standby when the Employer requires that employee to be available at a known telecommunications link number and able to perform authorized work during off-duty hours for his or her designated period of standby duty.
- An employee on standby shall be compensated at the rate of one (1) hour for each eight (8) consecutive hours or portion thereof that the employee has been designated as being on standby duty.
- The compensation referred to in (b) shall be made in cash. However, at the request of the employee and the discretion of the Employer, the compensation may be in the form of compensatory leave.
- No compensation shall be made for the total period of standby duty if the employee is unable to report for duty when required.
- An employee on standby who receives a call to duty and who performs authorized work shall be credited with compensatory leave in accordance with Article 43 and shall continue to receive compensation under this clause for the balance of the period of standby duty in which he or she is called to duty.
- Upon recommencement of standby duty following a period in which an employee has been recalled to work or received a call to duty subject to paragraph 44.01(e) he or she will recommence to earn standby compensation under the provisions of paragraph (b) of this clause.
- When there is a known requirement for standby duties on a continuing basis the Employer will endeavour to distribute the standby duties on an equitable basis among qualified available employees.
Article 45 - Shipboard and Special Assignment Allowance
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:
- such allowance shall not apply to Helicopter
Pilots receiving Isolated Post Allowance or any other special allowance for hardship
- such allowance is in lieu of daily or weekly overtime, call-back, standby and all premium pay for work on days of rest and designated holidays,
- the Special Assignment Allowance for helicopter operations applies to operations north of fifty-five (55o) degrees latitude north,
- subject to operational requirements, as determined by the Employer, compensation earned under clause 45.01 may, at the request of the Employer or the employee, and with reasonable notice, be granted in leave at time mutually convenient,
- when a Helicopter Pilot on shipboard or special assignment works on a designated paid holiday he or she shall be credited with one day of leave with pay in lieu of the holiday.
Article 46 - Extra Duty Allowance
to paragraph (b) of this article, all employees in the bargaining unit shall be paid
the following Extra Duty Allowance:
- Effective January 26, 2011: $7,480;
- Effective January 26, 2012: $7,480;
- Effective January 26, 2013: $7,480;
- Effective January 26, 2014: $7,480.
- The requirements for eligibility to receive Extra Duty Allowance and the timing of payments shall be the same as those contained in Transport Canada's Professional Aviation Currency Program for Civil Aviation Inspectors (formerly referred to as the Professional Currency Programs for Civil Aviation Inspectors) and the TSB Policy on CAI Professional Aviation Currency.
- Extra Duty Allowance shall form part of pay for purposes of the Public Service Superannuation Act (PSSA), Disability Insurance Act (DI) and the Public Service Management Insurance Plan (PSMIP).
Article 47 - Professional Aviation Currency
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 clause 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.
Article 48 - Aviation Occurrence Investigation
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 clause 35.12 shall be applicable from the date of issue of such report.
Article 49 - Standards of Discipline
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.
49.06 Any document, relating to disciplinary action, which may have been placed on the personnel file of an employee, shall be destroyed after two (2) years have elapsed since the infraction took place; provided that no further occurrence of disciplinary action has been recorded during this period.
Article 50 - Development Training or Education
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.
Article 51 - Employees on Premises of Other Employers
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.
Article 52 - Job Security
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.
Article 53 - Legal Assistance
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.
Article 54 - Duration and Renewal
54.01 The duration of this Collective Agreement shall be from the date it is signed to January 25, 2015.
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 21st day of the month of November 2013.
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