Air Traffic Control (AI) 402 (Archived)

List of Changes to the Agreement
between the Treasury Board and
The Canadian Air Traffic Control
Association - Air Traffic Control

PART II - STAFF RELATIONS MATTERS

ARTICLE 8
CHECK-OFF

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8.01 Subject to the provisions of this Article, the Employer will, as a condition of employment, deduct Association membership dues from the monthly pay of all employees in the bargaining unit.

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8.02 The provisions of clause 8.01 will be applied effective the first (1^st) of the month following the signing of this Agreement and the deductions from the pay for each employee in respect of each month will start with the first (1^st) full month of employment. Where an employee does not have sufficient earnings in respect of any month to permit deduction the Employer shall not be obliged to make such deduction from subsequent salary.

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8.08 An employee who satisfies the Employer to the extent that he or she 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 he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved.

PART III - WORKING CONDITIONS

ARTICLE 23
TRAVEL

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23.06 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 one (1) day off with pay. The employee shall be credited with one additional day off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) additional nights.

(b) The maximum number of days off earned under this clause shall not exceed five (5) days in a fiscal year and shall accumulate as compensatory leave with pay.

(c) The Employer shall grant the travel status leave at times convenient to both the employee and the Employer.

(d) If any of this leave cannot be liquidated by the end of the fiscal year, then payment in cash shall be made at the employee's rate of pay as of March 31^st.

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

PART IV - LEAVE

ARTICLE 24
LEAVE GENERAL

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24.02

(a) When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one (1) day being equal to seven and one-half (7 1/2) hours.

(b) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave being equal to the number of hours of work scheduled for the employee for the day in question.

(c) Notwithstanding the above, in Article 32, "Bereavement Leave with Pay," a "day" will mean a calendar day.

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24.03 Except as otherwise specified in this Agreement:

(a) Where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and vacation leave.

(b) Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

ARTICLE 25
VACATION LEAVE

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25.01 An employee who has earned at least ten (10) days' pay for each calendar month of a fiscal year shall earn vacation leave at the following rates:

(a) one hundred and twelve point five (112.5) hours if the employee has completed less than eight (8) years of continuous employment;

(b) one hundred and fifty (150) hours per fiscal year if the employee has completed eight (8) years of continuous employment;

(c) one hundred and sixty-five (165) hours per fiscal year if the employee has completed sixteen (16) years of continuous employment;

(d) one hundred and seventy-two pint five (172.5) hours per fiscal year if the employee has completed seventeen (17) years of continuous employment;

(e) one hundred and eighty-seven point five (187.5) hours per fiscal year if the employee has completed eighteen (18) years of continuous employment;

(f) two hundred and two point five (202.5) hours per fiscal year if the employee has completed twenty-seven (27) years of continuous employment;

(g) two hundred and twenty-five (225) hours per fiscal year if the employee has completed twenty-eight (28) years of continuous employment;

25.04

(d) It is agreed by the parties, in accordance with the intent of Article 25 that it is both appropriate and desirable that each employee utilize his or her full vacation entitlement during the vacation year in which such vacation entitlement is earned. However, an employee may elect to carry forward into the next vacation year unused vacation up to a maximum of ten (10) working days subject to the following conditions:

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25.05 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 straight-time 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.

ARTICLE 27
MATERNITY LEAVE

27.01 Maternity Leave without Pay

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(b) Notwithstanding sub-clause (a):

the period of maternity leave without pay defined in sub-clause (a) may be extended beyond the date falling seventeen (17) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee was not on maternity leave, to a maximum of seventeen (17) weeks.

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(d) The Employer may require an employee to submit a medical certificate certifying pregnancy.

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(f) An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.

27.02 Maternity Allowance

(a) An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in sub-clause (c) to (j), provided that she:

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(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

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(d) At the employee's request, the payment referred to in sub-clause 27.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance pregnancy benefits.

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27.04 Transitional Provisions

If, on the date of signature of this Agreement, an employee is currently on maternity leave without pay or has requested a period of maternity leave but has not commenced the leave, she shall upon request be entitled to the provisions of this Article. Any application must be received before the termination date of the leave period originally requested.

ARTICLE 28
PARENTAL LEAVE

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28.01 Parental Leave Without Pay

(a) Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law spouse), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee's care.

(b) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) period beginning on the day on which the child comes into the employee's care.

(c) Notwithstanding sub-clauses (a) and (b):

the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization during which the employee was not on parental leave. However, the extension shall end not later than fifty-two (52) weeks after the day on which the child comes into the employee's care.

(d) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the expected date of the birth of the employee's child (including the child of a common-law spouse), or the date the child is expected to come into the employee's care pursuant to sub-clauses (a) and (b).

(e) The Employer may:

(f) Parental leave without pay taken by a couple employed in the Public Service shall not exceed a total of thirty-seven (37) weeks for both individuals combined. For the purpose of this sub-clause, Public Service means any portion of the Public Service of Canada specified in Part I of Schedule I of the Public Service Staff Relations Act.

(g) Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall count for pay increment purposes.

28.02 Parental Allowance

(a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in sub-clauses (c) to (j), providing he or she:

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(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

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(d) At the employee's request, the payment referred to in sub-subclause 28.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI parental benefits.

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28.04 Transitional Provisions

If, on the date of signature of this Agreement, an employee is currently on parental leave without pay or has requested a period of such leave without pay but has not commenced the leave, he or she shall upon request be entitled to the provisions of this Article. Any application must be received before the termination date of the leave period originally requested.

**ARTICLE 29
LEAVE WITH PAY FOR FAMILY-RELATED RESPONSIBILITIES

29.01

(a) For the purpose of this clause, family is defined as spouse (or common-law spouse resident with the employee), children (including children of legal or common-law spouse), parents (including step-parents or foster parents), or any relative permanently residing in the employee's household or with whom the employee permanently resides.

(b) The Employer shall grant leave with pay under the following circumstances:

(c) The total leave with pay which may be granted under sub-clause (b) shall not exceed five (5) days in a fiscal year.

**ARTICLE 31
LEAVE WITHOUT PAY FOR
THE CARE OF IMMEDIATE FAMILY

31.01 Both parties recognize the importance of access to leave for the purpose of care for the immediate family.

31.02 For the purpose of this article, family is defined as spouse (or common-law spouse resident with the employee), children (including foster children or children of legal or common-law spouse), parents (including stepparents or foster parents) or any relative permanently residing in the employee's household or with whom the employee permanently resides.

31.03 Subject to clause 31.02, an employee shall be granted leave without pay for the Care of Immediate Family in accordance with the following conditions:

(a) an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such notice cannot be given;

(b) leave granted under this clause shall be for a minimum period of three (3) weeks;

(c) the total leave granted under this article shall not exceed five (5) years during an employee's total period of employment in the Public Service;

(d) leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery.

31.04 An employee who has proceeded on leave without pay may change his or her return to work date if such change does not result in additional costs to the Employer.

31.05 All leave granted under Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of the previous AI collective agreement or other agreements will not count towards the calculation of the maximum amount of time allowed for Care of Immediate Family during an employee's total period of employment in the Public Service.

Transitional Provision

31.06

This transitional provision is applicable to employees who have been granted and have proceeded on leave on or after the date of signature of this agreement.

(a) An employee who, on the date of signature of this agreement, is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children (article 31) under the terms of the agreement expired on June 30, 2000, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

(b) An employee who becomes a member of the bargaining unit on or after the date of signature of this agreement and who is on Leave Without Pay for the Long-Term Care of a Parent or on Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of another agreement, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

**ARTICLE 32
BEREAVEMENT LEAVE WITH PAY

32.01 For the purpose of this clause, immediate family is defined as father, mother, (or alternatively, stepfather, stepmother or foster parent), brother, sister, spouse (including common-law spouse resident with the employee), child (including child of common-law spouse), ward of the employee, father-in-law, mother-in-law, grandparent, grandchild and relative permanently residing in the employee's household or with whom the employee permanently resides.

32.02 When a member of the employee's immediate family dies, an employee shall be entitled to a bereavement period of five (5) consecutive calendar days which must include the day of the funeral. During such period, the employee shall be paid for those days which are not regularly scheduled days of rest for that employee. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.

32.03 An employee is entitled to up to one (1) day's bereavement leave with pay for the purpose related to the death of the employee's son-in-law, daughter-in-law, brother-in-law or sister-in-law.

32.04 It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the Employer may, after considering the particular circumstances involved, grant leave with pay for a period greater than and/or in a manner different than that provided for in clauses 32.02 and 32.03.

**ARTICLE 36
VOLUNTEER LEAVE

36.01

(a) Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, one (1) day of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign;

(b) The leave shall be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.

**ARTICLE 37
PERSONAL LEAVE

37.01

(a) Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, one (1) day of leave with pay for reasons of a personal nature.

(b) The leave shall be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.

PART V - PAY AND DURATION

ARTICLE 40
DURATION AND MODIFICATION

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40.01 Unless otherwise expressly stipulated, this Agreement shall become effective on the date it is signed and, in the event that any law passed by Parliament renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect until June 30, 2003.

**ARTICLE 41
SUPERVISORY DIFFERENTIAL

41.01 An employee who encumbers a position which receives a supervisory rating under the AI classification standard and who performs supervisory duties shall receive a percentage differential applied to his or her basic rate of pay, according to the degree of the supervisory rating, as follows:

SIGNED AT OTTAWA, this 13^th day of the month of June 2003.

**APPENDIX "A"

AI - AIR TRAFFIC CONTROL
ANNUAL RATES OF PAY
(in dollars)

X) Effective July 1, 2000 (Restructure)
A) Effective July 1, 2000
B) Effective July 1, 2001
C) Effective July 1, 2002

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PAY NOTES

(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:

(c) Effective July 1, 2000, prior to any other pay revision which occurs on that date, an employee shall be paid in the "X" scale of rates at the rate of pay which is immediately below the employee's former rate of pay, or if there is no such rate, to the rate of pay in the "X" scale of rates which is closest to but not less than the employee's former rate of pay.

(d) The pay increment period for a full-time employee is fifty-two (52) weeks. The pay increment date for a full-time employee appointed to a position in the bargaining unit on promotion, demotion or from outside the Public Service shall be the anniversary date of such appointment. The pay increment date for employees appointed prior to the date of signing remains unchanged.