ARCHIVED - Aircraft Operations (AO) 401

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ARTICLE 17
CHECK-OFF

17.01 The Employer will, as a condition of employment, deduct the equivalent of the amount of membership dues from the monthly pay of all employees in the bargaining unit.

17.02 The Union shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 17.01.

17.03 For the purpose of applying clause 17.01, deductions from pay for each employee in respect of each month will start with the first full month of employment or membership to the extent that earnings are available. Where an employee does not have sufficient earnings in respect of any one month to permit deductions, the Employer shall not be obliged to make such deductions from subsequent salary.

17.04 An employee who satisfies the Employer to the extent that the employee declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that the employee will make contributions to a charitable organization equal to dues shall not be subject to this Article.

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17.05 No employee organization, as defined in Section 2 of the Public Service Labour Relations Act, other than the Union, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

17.06 The amounts deducted in accordance with clause 17.01 shall be remitted to the Union by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on each employee's behalf.

17.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.

17.08 The Union agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article.

ARTICLE 18
HOURS OF WORK

18.01

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(a) The work week of employees shall be thirty-seven decimal five (37.5) hours consisting of five (5) consecutive days, Monday to Friday inclusive, and the normal scheduled hours of work each day shall be a continuous period of seven decimal five (7.5) hours between the hours of 0700 and 1800 exclusive of an unpaid meal break and shall be documented between every employee and their manager. Except as provided in paragraph (c) below, such hours shall not vary from day to day. Notwithstanding the above, for shipborne helicopter pilots, the provisions of Article 45 shall apply.

(b) At the request of the employee, the Employer may vary the daily hours of work to make provision for a compressed work week.

(c) The Employer may change an employee's normal scheduled hours of work within 0700 hours and 1800 hours and where less than twelve (12) working days notice is given such changes shall only be made by mutual agreement between the employee and the Employer.

(d) The Employer will endeavor to give at least two (2) weeks notice to helicopter pilots assigned to shipboard operations of sailing dates and times and anticipated crew change dates, and as much notice as possible of any revisions to such dates and times.

18.02

(a) Flight time and flight duty time limitations for employees will be governed by the Department of Transport Operations Manual when operating (at the controls of) Department of Transport aircraft. When operating other than Department of Transport aircraft, flight time and duty time limitations will be governed by the policies and provisions of the aircraft operator.

(b) For the purposes of the Article, in-flight inspections are considered to be flight duty and flight time is considered to include in-flight inspection time. Flight duty time shall not commence in the event the employee is notified that a flight is delayed or cancelled prior to departure from the employee's residence or place of rest if in travel status.

18.03 All employees will submit monthly attendance registers. Periods of absence and hours of overtime will be specified.

18.04 Subject to operational requirements, two (2) fifteen (15) minute rest periods shall be provided during each work day.

ARTICLE 19
OVERTIME

In this Article:

"Overtime" means in the case of a full-time employee, authorized work performed in excess of the employee's normal scheduled hours of work.

19.01 When an employee is required to work overtime on a scheduled work day, the employee shall be compensated on the basis of:

(a) time and one-half (1 1/2) for each hour worked in excess of thirty-seven decimal five (37.5) hours in any one work week;

and

(b) double-time (2) for all hours worked in excess of seven decimal five (7.5) hour of overtime worked at time and one-half (1 1/2) within any contiguous period.

19.02 When an employee has been required by the Employer to work overtime on his or her normal day of rest, the employee shall be compensated on the basis of:

(a) time and one-half (1 1/2) for the first seven decimal five (7.5) hours worked;

and

(b) double-time (2) for all hours worked thereafter within any contiguous period;

(c) except, an employee shall be compensated on the basis of double (2) time for each hour worked on the second and each subsequent day of rest.

Second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest.

19.03 For the purpose of clauses 19.01 and 19.02, all calculations for overtime shall be based on each completed one-half (1/2) hour.

19.04

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(a) All overtime, premium pay or allowances earned under Article 19-Overtime, Article 20-Travelling Time, Article 22-Designated Paid Holidays, Article 43-Callback, Article 45-Shipboard and Special Assignment Allowance, and Article 44-Standby, with the exception of the one-hour of compensation under Article 44(b), shall accumulate as compensatory leave at the sub-group and level at which it is earned. Such accumulated compensatory leave shall be held in reserve to be scheduled in leave and/or paid in cash at the request of the employee and the discretion of the Employer.

(b) Employees shall be paid for each hour of earned but unused compensatory leave remaining to their credit on March 31^st. Such payment is in lieu of compensatory leave remaining on that date and shall be paid at the rate of the employee's hourly rate of pay on that date.

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(c) Notwithstanding 19.04(a) and (b), a maximum of seventy five (75) hours earned but unused compensatory leave may be carried over, at the direction of the Employer, or at the request of an employee and the discretion of the Employer, beyond March 31^st.

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19.05 An employee who works three (3) or more hours of overtime immediately before or following his or her scheduled hours of work shall be reimbursed his or her expenses for one meal in the amount of ten dollars and fifty cents ($10.50) except when the meal has been provided free to the employee. Reasonable time with pay, to be determined by management, shall be allowed the employee in order that he or she may take a meal break either at or adjacent to his or her place of work.

ARTICLE 20
TRAVELLING TIME

20.01 Where an employee is required to travel to or from his or her headquarters area, as normally defined by the Employer, the employee's method of travel shall be determined by the Employer and the employee shall be compensated in the following manner:

(a) On a normal working day on which the employee travels but does not work, the employee shall receive his or her regular pay for the day.

(b) On a normal working day on which the employee travels and works, the employee shall earn:

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(c) On a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of 12 hours' at the straight-time hourly rate of pay.

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(d) if an employee is required to travel outside Canada or Continental USA:

20.02 Should a period of work and travel continue into the next day, the employee will continue to receive payment at the applicable rate(s) of pay that would apply if a new day had not commenced.

20.03 This Article does not apply to an employee who is required to operate or travel in any type of transport in the performance of duties and/or which also serves as his or her living quarters during a tour of duty. In such circumstances the employee shall be paid in accordance with the relevant provisions of Articles 18, 19, 22 and 45 of this Agreement.

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20.04 Travel Status Leave

(a) An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted seven decimal five (7.5) hours of time off with pay. The employee shall be credited with an additional seven decimal five (7.5) hours of time off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) nights.

(b) The maximum number of days off earned under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as compensatory leave with pay.

(c) This leave with pay is deemed to be compensatory leave and is subject to paragraph 19.04(a), (b) and (c).

The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

ARTICLE 21
PAY ADMINISTRATION

21.01 Except as provided in this Article, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

21.02 An employee is entitled to be paid, for services rendered, at:

(a) the pay specified in Appendix "A" for the classification of the position to which the employee is appointed, if the classification coincides with that prescribed in the employee's certificate of appointment,

or

(b) the pay specified in Appendix "A" for the classification prescribed in the employee's certificate of appointment, if that classification and the classification of the position to which the employee is appointed do not coincide.

21.03

(a) The rates of pay set forth in Appendix "A" shall become effective on the dates specified.

(b) Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of this Agreement, the following shall apply:

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21.04 When an employee is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for a period of at least three (3) consecutive working days, the employee shall be paid acting pay calculated from the date on which the employee commenced to act as if the employee had been appointed to that higher classification level for the period in which the employee acts.

21.05 If the Employer establishes and implements a new classification standard which covers this group during the term of this Agreement, the Employer shall, prior to applying rates of pay to the new levels resulting from the application of the standard, negotiate with the Union the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

ARTICLE 22
DESIGNATED PAID HOLIDAYS

22.01 Subject to clause 22.02, the following days shall be designated paid holidays for employees:

(a) New Year's Day,

(b) Good Friday,

(c) Easter Monday,

(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,

(e) Canada Day,

(f) Labour Day,

(g) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,

(h) Remembrance Day,

(i) Christmas Day,

(j) Boxing Day,

(k) one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed or in any area where, in the opinion of the Employer, no such day is recognized as a provincial or civic holiday, the first Monday in August,

and

(l) one additional day when proclaimed by an Act of Parliament as a National Holiday.

22.02 Clause 22.01 does not apply to an employee who is absent without pay on both the working day immediately preceding and the working day following the designated paid Holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 16.

Holiday Falling on a Day of Rest

22.03 When a day designated as a paid Holiday under clause 22.01 coincides with an employee's day of rest, the Holiday shall be moved to the employee's first scheduled working day following the employee's day of rest.

22.04 When a day designated as a paid Holiday for an employee is moved to another day under the provisions of clause 22.03,

(a) work performed by an employee on the day from which the Holiday was moved shall be considered as work performed on a day of rest,

and

(b) work performed by an employee on the day to which the Holiday was moved, shall be considered as work performed on a Holiday.

Compensation for Work on a Holiday

22.05 Where a Civil Aviation Inspector or an Engineering Test Pilot or a shore-based Helicopter Pilot works on a Holiday, he or she shall be paid, in addition to the pay that he or she would have been granted had he or she not worked on a holiday, compensation for all hours worked by him or her on the Holiday at one and one-half (1 1/2) times the rate of his or her hourly remuneration,

or

when a Civil Aviation Inspector or a Engineering Test Pilot or a shore-based Helicopter Pilot works on a Holiday, which is not his or her scheduled day of work, but which is consecutive and contiguous to a day of rest on which he or she also worked and received overtime he or she shall be paid in addition to the pay that he or she would have been granted had he or she not worked on the holiday, two (2) times his or her hourly rate of pay for all time worked.

Holiday Coinciding with a Day of Paid Leave

22.06 Where a day that is a designated Holiday for an employee falls within a period of leave with pay, the Holiday shall not count as a day of leave.

ARTICLE 23
VACATION LEAVE

23.01 The vacation year shall be from April 1^st to March 31^st of the following calendar year, inclusive.

Accumulation of Vacation Leave Credits

23.02 An employee shall earn vacation leave credits at the following rate for each calendar month during which the employee receives pay for at least ten (10) days:

(a) one and one-quarter (1 1/4) days until the month in which the anniversary of the employee's eighth (8^th) year of continuous employment occurs;

(b) one and two-thirds (1 2/3) days commencing with the month in which the employee's eighth (8^th) anniversary of continuous employment occurs;

(c) one and ten-twelfths (1 10/12) days commencing with the month in which the employee's sixteenth (16^th) anniversary of continuous employment occurs;

(d) one and eleven-twelfths (1 11/12) days commencing with the month in which the employee's seventeen (17^th) anniversary of continuous employment occurs;

(e) two and one-twelfth (2 1/12) days commencing with the month in which the employee's eighteenth (18^th) anniversary of continuous employment occurs;

(f) two and three-twelfths (2 3/12) days commencing with the month in which the employee's twenty-seventh (27^th) anniversary of continuous employment occurs;

(g) two and one-half (2 1/2) days per month commencing with the month in which the employee's twenty-eighth (28^th) anniversary of continuous employment occurs.

Scheduling of Vacation Leave

23.03 In scheduling vacation leave with pay to an employee the Employer shall, subject to the operational requirements of the service as determined by the Employer, make every reasonable effort:

(a) not to recall an employee to duty after the employee has proceeded on vacation leave;

(b) to schedule the employee's vacation leave during the vacation year in which it is earned, if so requested by the employee not later than June 1;

(c) to comply with any request made by an employee before January 31 that the employee be permitted to use in the following fiscal year any period of vacation leave of four (4) days or more earned by the employee in the current year;

(d) to schedule the employee vacation leave for at least two (2) consecutive weeks if so requested by the employee not later than June 1;

(e) to schedule the employee's vacation leave on any other basis requested by the employee if the employee makes his or her request not later than June 1;

(f) to schedule an employee vacation leave when specified by the employee if:

23.04 The Employer may for good and sufficient reason grant vacation leave on shorter notice than that provided for in clause 23.03.

23.05 An employee earns but is not entitled to receive vacation leave with pay during the employee's first six (6) months of continuous employment.

23.06 Where, in respect of any period of vacation leave, an employee:

(a) is granted bereavement leave,

or

(b) is granted leave with pay because of illness in the immediate family,

or

(c) is granted sick leave on production of a medical certificate, which includes the name, address and phone number of the attending physician, and provided that the employee satisfies the Employer of this condition if deemed necessary by the Employer,

the period of vacation leave so displaced shall either be added to the vacation period if requested by the employee and approved by the Employer or reinstated for use at a later date.

23.07 Carry-Over of Vacation Leave

(a) Where in any vacation year all of the vacation leave credited to an employee has not been scheduled, the employee may carry over into the following vacation year up to a maximum of twenty-five (25) days credits. All vacation leave credits in excess of twenty-five (25) days will be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of the employee's substantive position on the last day of the vacation year.

(b) During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of fifteen (15) days may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of the employee's substantive position on March 31^st, of the previous vacation year.

Recall from Vacation Leave

23.08 Where, during any period of vacation leave, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, that the employee incurs:

(a) in proceeding to the employee's place of duty,

and

(b) in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon completing the assignment for which the employee was recalled,

after submitting such accounts as are normally required by the Employer.

23.09 The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under clause 23.08 to be reimbursed for reasonable expenses incurred by him or her.

Leave when Employment Terminates

23.10 Where an employee dies or otherwise terminates employment after a period of continuous employment of not more than six (6) months, the employee or the employee's estate shall be paid an amount equal to the earned but unused vacation leave.

23.11 Subject to 23.12, where an employee dies or voluntarily terminates employment or is terminated from employment after a period of continuous employment of more than six (6) months, the employee or the employee's estate shall, in lieu of earned but unused vacation leave, be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave by the daily rate of pay applicable to the employee immediately prior to the termination of employment.

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23.12 Notwithstanding clause 23.11, an employee whose employment is terminated for cause pursuant to Section 12(1)(e) of the Financial Administration Act by reason of abandonment of his or her position is entitled to receive the payment referred to in clause 23.11 if the employee requests it within six (6) months following the date upon which employment is terminated.

23.13 Advance Payments

(a) The Employer agrees to issue advance payments of estimated net salary or vacation periods of two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last day before the employee's vacation period commences.

(b) When an employee takes one (1) or more complete weeks of compensatory leave in conjunction with the vacation leave under clause (a), the Employer agrees to issue advance payments of estimated net salary for the complete weeks in the combined period of compensatory and vacation leave, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last day before the employee's period of leave commences. The provisions of clause (a) will apply to the complete weeks in the combined period of vacation and compensatory leave.

(c) Providing the employee has been authorized to proceed on the leave under clause (a) or (b), pay in advance of going on such leave shall be made prior to departure. Any overpayment in respect of such pay advances shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.

Cancellation of Vacation Leave

23.14 When the Employer cancels or alters a period of vacation leave which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Employer.

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23.15

(a) Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1^st) day of the month following the employee's second (2^nd) anniversary of continuous employment.

(b) Transitional Provisions

Effective on the date of signing of this agreement, employees with more than two (2) years of employment, shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay.

(c) The vacation leave credits provided in clauses 23.15(a) and (b) above shall be excluded from the application of paragraph 23.07 dealing with the Carry-over of Vacation Leave.

 

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