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.
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 discharge, 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:
(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.
**
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:
(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.
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.
**
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:
(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 (55o) 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.
46.01
**
(a) Subject to clause (b) of this Article, all employees in the bargaining
unit shall be paid the following Extra Duty Allowance:
Effective January 26, 2004: $6,970;
Effective January 26, 2005: $7,127;
Effective January 26, 2006: $7,298;
Effective January 26, 2007: $7,480.
(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).
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 35.09 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, 2008.
54.02 Unless otherwise expressly stipulated the provisions
of this Agreement shall become effective on the date it is signed.
SIGNED AT OTTAWA, this10th day of October, 2006.
THE TREASURY BOARD
OF CANADA
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THE CANADIAN FEDERAL
PILOTS ASSOCIATION
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