1.01 The purpose of this Agreement is to maintain harmonious
relationships between the Employer, the Union and the employees and to set forth
certain terms and conditions of employment affecting employees covered by this
Agreement.
1.02 The parties to this Agreement share a desire to
contribute toward the improvement of aviation safety and to advance the
well-being of its employees so as to promote the safe provision of air traffic
control services to the public.
Unless specified elsewhere in this Agreement, the following definitions will
apply throughout this Agreement:
"Designated holiday" means the twenty-four
(24)-hour period commencing at 00:00 hours of a day designated as a holiday in
this agreement (jours fériés désignés).
"Employee" means a person so defined in the Public
Service Labour Relations Act, and who is a member of the Air Traffic
Control bargaining unit (employé).
"Employer" means Her Majesty in right of Canada as
represented by the Treasury Board, and includes any person authorized to
exercise the authority of the Treasury Board (Employeur).
"Normal pay" means compensation for the
performance of duties of a position including Supervisory Differential, but
exclusive of allowances, special remuneration, overtime, other compensation, and
other gratuities (rémunération normale).
"Straight-time rate" means an employee's weekly
rate of pay divided by thirty-seven and one-half (37 1/2) (taux horaire normal).
**
"the Union" means the National Automobile,
Aerospace, Transportation and General Workers Union of Canada (CAW-Canada)
(syndicat).
"Weekly rate of pay" means an employee's annual
normal pay divided by 52.176 (taux de rémunération hebdomadaire).
3.01 All the functions, rights, powers and authority which
the Employer has not specifically abridged, delegated or modified by this
Agreement are recognized by the union as being retained by the Employer.
4.01 Nothing in this Agreement shall be construed to require
the Employer to do or refrain from doing anything contrary to any instruction,
direction or regulations given or made by or on behalf of the Government of
Canada in the interest of the safety or security of Canada or any state allied
or associated with Canada.
5.01 Where there is a conflict between this Collective
Agreement and any Regulation or Directive, except as provided under Section 113
of the Public Service Labour Relations Act, this Agreement shall take
precedence over said Regulation or Directive.
6.01 The parties agree that there shall be no discrimination
exercised or practiced with respect to an employee by reason of race, national
or ethnic origin, colour, religion, age, sex, sexual orientation, marital
status, family status, disability, a conviction for which a pardon has been
granted, or membership or activity in the Union.
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