Other Related Documents

ARTICLE 35
GRIEVANCE PROCEDURE

35.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement and which the NJC parties have endorsed, the grievance procedure will be in accordance with Section 14 of the NJC By-Laws.

35.02 If he or she so desires an employee may be assisted and/or represented by the Union when presenting a grievance at any step.

35.03 An employee who wishes to present a grievance at any prescribed step in the grievance procedure, shall transmit this grievance to his or her immediate supervisor or local officer-in-charge who shall forthwith:

(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate step,

and

(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.

35.04 A grievance of an employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

35.05 Subject to and as provided in Section 91 of the Public Service Staff Relations Act, an employee who feels that he or she has been treated unjustly or considers himself or herself aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 35.03, except that:

(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the employee's specific complaint such procedure must be followed,

and

(b) where the grievance relates to the interpretation or application of this Collective Agreement or an arbitral award, the employee is not entitled to present the grievance unless the employee has the approval of and is represented by the Union.

35.06 There shall be no more than a maximum of four (4) steps in the grievance procedure. These steps shall be as follows:

(a) Step 1 - first level of management;

(b) Step 2 - (and 3 in departments or agencies where such a step is established) - intermediate step(s);

(c) Final Step - Chief Executive or authorized representative.

35.07 The Employer shall designate a representative at each step in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Union.

35.08 The Union shall have the right to consult with the Employer with respect to a grievance at each or any step of the grievance procedure.

35.09 An employee may present a grievance to the first step of the procedure in the manner prescribed in clause 35.03, not later than the twenty-fifth (25^th) day after the date on which the employee is notified orally or in writing or on which the employee first becomes aware of the action or circumstances giving rise to grievance.

35.10 An employee may present a grievance at each succeeding step in the grievance procedure beyond the first step either:

(a) where the decision or settlement is not satisfactory to the employee, within ten (10) days after that decision or settlement has been conveyed in writing to the employee by the Employer,

or

(b) where the Employer has not conveyed a decision to the employee within the time prescribed in clause 35.11, within ten (10) days following the last day on which the Employer was due to convey a decision.

35.11 The Employer shall normally reply to an employee's grievance at any step of the grievance procedure, except the final step, within ten (10) days after the grievance is presented, and within thirty (30) days where the grievance is presented at the final step.

35.12 Where an employee has been represented by the Union in the presentation of his or her grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each step of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.

35.13 The decision given by the Employer at the final step in the grievance shall be final and binding upon the employee for all purposes of the Public Service Staff Relations Act, unless the grievance is one which may be referred to adjudication.

35.14 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded.

35.15 Where the provisions of clause 35.03 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office of the department or agency concerned. Similarly the Employer shall be deemed to have delivered a reply at any step on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher step shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.

35.16 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Union representative, except as provided in clause 35.18.

35.17 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular step of authority, any or all the steps except the final step may be eliminated by agreement of the Employer and the employee, and, where applicable, the Union.

35.18 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply except that:

35.19 An employee may by written notice to his or her immediate supervisor or officer-in-charge abandon a grievance.

35.20 Any employee who fails to present a grievance to the next higher step within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond the employee's control, the employee was unable to comply with the prescribed time limits.

35.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his or her grievance or refrain from exercising his or her right to present a grievance, as provided in this Collective Agreement.

35.22 Where an employee has presented a grievance up to and including the final step in the grievance procedure with respect to:

(a) the interpretation or application in respect of the employee of a provision of this Collective Agreement or a related arbitral award,

or

(b) disciplinary action resulting in discharge, suspension or a financial penalty,

and the employee's grievance has not been dealt with to the employee's satisfaction, the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations.

35.23 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of him or her of a provision of this Agreement or an arbitral award, the employee is not entitled to refer the grievance to adjudication unless the Union signifies in prescribed manner:

(a) its approval of the reference of the grievance to adjudication,

and

(b) its willingness to represent the employee in the adjudication proceedings.

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.

National Consultation

36.03

(a) 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. It is agreed that the first of such meetings will be held within three (3) months of the date of the signing of this Agreement, and thereafter as determined by mutual agreement.

(b) 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 Staff 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 discharge, for participation in an illegal strike as defined in the Public Service Staff 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:

(a) obtaining medical examinations, including but not limited to electrocardiograms, specialist reports and x-rays, when required by the licencing authority, for the purpose of the renewal of a Flight Crew licence;

and

(b) 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.

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 Staff Relations Act (PSSRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in Schedule III of the PSSRA.

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 Staff 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:

(a) compensation at the applicable overtime rate for any time worked,

(b) compensation equivalent to four (4) hours' pay at the straight-time rate.

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:

(a) compensation at the applicable overtime rate for any time worked,

or

(b) 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-hour period, starting when the employee first commences the work.

ARTICLE 44
STANDBY

44.01

(a) 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.

(b) 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.

(c) 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.

(d) No compensation shall be made for the total period of standby duty if the employee is unable to report for duty when required.

(e) 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.

(f) 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 clause 44.01(e) he or she will recommence to earn standby compensation under the provisions of paragraph (b) of this clause.

(g) 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) days in which he or she is required to undertake shipboard or special assignment duties, and periods of less than seven (7) days on shipboard or special assignment duties will be pro-rated, provided that:

(a) such allowance shall not apply to Helicopter Pilots receiving Isolated Post Allowance or any other special allowance for hardship and isolation,

and

(b) 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,

(c) the Special Assignment Allowance for helicopter operations applies to operations north of fifty-five (55^o) degrees latitude north,

(d) 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,

(e) 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

46.01

**

(a) Subject to clause (b) of this Article, all employees in the bargaining unit shall be paid an Extra Duty Allowance of $6,800 annualized.

**

(b) 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.

(c) 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 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 Article 35.09 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 andPrivacy Act, the Employer will provide the employee access to the information used during the disciplinary investigation.

**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, 2004.

54.02 Unless otherwise expressly stipulated the provisions of this Agreement shall become effective on the date it is signed.

**

54.03 Notwithstanding clause 54.02, the provisions of Article 34 Aviation Aircrew Allowance and Article 46 Extra Duty Allowance, shall become effective January 26, 2001.

SIGNED AT OTTAWA, this 30^th day of the month of July, 2003.

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**APPENDIX "A"

AO - AIRCRAFT OPERATIONS GROUP
ANNUAL RATES OF PAY
(in dollars)

A) Effective January 26, 2001 (Restructure)
B) Effective January 26, 2001
C) Effective January 26, 2002 (Restructure)
D) Effective January 26, 2002
E) Effective January 26, 2003 (Restructure)
F) Effective January 26, 2003

**

PAY NOTES

1. Effective January 26, 2001, prior to any other pay revision which occurs on that date, an employee shall be paid in the "A" scale of rates at the rate of pay which is immediately higher than the employee's rate of pay as of January 25, 2001.

2. Effective January 26, 2002, prior to any other pay revision which occurs on that date, an employee at level CAI-2 shall be paid in the "C" scale of rates at the rate of pay which is immediately higher than the employee's rate of pay as of January 25, 2002.

3. Effective January 26, 2003, prior to any other pay revision which occurs on that date, an employee at level CAI-3 shall be paid in the "E" scale of rates which is immediately below the employee's former rate of pay.

4. Notwithstanding Pay Note 3 an employee at level CAI-3 who have been at the maximum of the salary range for twelve (12) months or more on January 26, 2003, will move to the new maximum rate of pay effective January 26, 2003.

5. Where an employee is performing acting duties on January 26, 2001, and is paid acting pay pursuant to clause 21.04, the employee's acting rate of pay will be adjusted effective January 26, 2001, in accordance with Pay Note 1. Upon termination of the acting assignment, the employee's substantive rate of pay will then be adjusted in accordance with Pay Note 1.

6. Where an employee at the CAI-2 level is performing acting duties on January 26, 2002, and is paid acting pay pursuant to clause 21.04, the employee's acting rate of pay will be adjusted effective January 26, 2002, in accordance with Pay Note 2. Upon termination of the acting assignment, the employee's substantive rate of pay will then be adjusted in accordance with the Pay Note 2.

7. The pay increment period for employees in these scales of rates is one (1) year and a pay increment shall be the next rate in the scale of rates.

8. Subject to Pay Note 9, the pay increment date for an employee appointed to a position in the bargaining unit on promotion, demotion or from outside the Public Service after February 22, 1982, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to February 22, 1982 remains unchanged.

9. Part-time employees shall be eligible to receive a pay increment when the employee has worked a total of nineteen hundred and fifty (1950) hours at the hourly rate of pay during a period of employment provided that the maximum rate for the employee's level is not exceeded. The pay increment date shall be the first working day following completion of the hours specified in this paragraph.