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Treasury Board of Canada Secretariat - Government of Canada

Air Traffic Control (AI) 402 (Archived),


Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.


Agreement between the Treasury Board and
The Canadian Air Traffic Control Association

Group: Air Traffic Control
(all employees)

CODE: 402
Expiry Date: 30 June 2004


Table of Contents

PART I - GENERAL

ARTICLE 1 PURPOSE
ARTICLE 2 DEFINITIONS
ARTICLE 3 MANAGEMENT RIGHTS
ARTICLE 4 STATE SECURITY
ARTICLE 5 PRECEDENCE
ARTICLE 6 NO DISCRIMINATION

PART II - STAFF RELATIONS MATTERS

ARTICLE 7 RECOGNITION AND EMPLOYEE REPRESENTATIVES
ARTICLE 8 CHECK-OFF
ARTICLE 9 GRIEVANCE PROCEDURE
ARTICLE 10 DISCIPLINE
ARTICLE 11 LEAVE FOR ASSOCIATION BUSINESS
ARTICLE 12 USE OF EMPLOYER FACILITIES
ARTICLE 13 ASSOCIATION-MANAGEMENT CONSULTATION
ARTICLE 14 INFORMATION
ARTICLE 15 NATIONAL JOINT COUNCIL AGREEMENTS

PART III - WORKING CONDITIONS

ARTICLE 16 HOURS OF WORK
**ARTICLE 17 OVERTIME
**ARTICLE 18 CALL-IN
**ARTICLE 19 STAND-BY
ARTICLE 20 HOLIDAYS
**ARTICLE 21 SEVERANCE PAY
ARTICLE 22 TECHNOLOGICAL CHANGE
ARTICLE 23 WORKING CONDITIONS AND SAFETY
ARTICLE 24 TRAVEL

PART IV - LEAVE

ARTICLE 25 LEAVE GENERAL
**ARTICLE 26 VACATION LEAVE
ARTICLE 27 SICK LEAVE
**ARTICLE 28 INJURY-ON-DUTY LEAVE
ARTICLE 29 MATERNITY LEAVE
**ARTICLE 30 PARENTAL LEAVE
**ARTICLE 31 LEAVE WITH PAY FOR FAMILY-RELATED RESPONSIBILITIES
**ARTICLE 32 MARRIAGE LEAVE
**ARTICLE 33 LEAVE WITHOUT PAY FOR THE CARE OF IMMEDIATE FAMILY
**ARTICLE 34 BEREAVEMENT LEAVE WITH PAY
ARTICLE 35 COURT LEAVE WITH PAY
ARTICLE 36 PERSONNEL SELECTION LEAVE
ARTICLE 37 EDUCATION AND CAREER DEVELOPMENT LEAVE
**ARTICLE 38 VOLUNTEER LEAVE
**ARTICLE 39 PERSONAL LEAVE
ARTICLE 40 LEAVE WITH OR WITHOUT PAY FOR OTHER REASONS

PART V - PAY AND DURATION

ARTICLE 41 PAY ADMINISTRATION
**ARTICLE 42 DURATION AND MODIFICATION
ARTICLE 43 SUPERVISORY DIFFERENTIAL

**APPENDIX "A"

AI - AIR TRAFFIC CONTROL 
ANNUAL RATES OF PAY

LETTER OF UNDERSTANDING (1-04)

LETTER OF UNDERSTANDING (2-04)

LETTER OF UNDERSTANDING (3-04)

LETTER OF UNDERSTANDING (4-04)

**Asterisks denote changes from the previous Collective Agreement.

 


PART I - GENERAL

ARTICLE 1
PURPOSE

1.01 The purpose of this Agreement is to maintain harmonious relationships between the Employer, the Association 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.

ARTICLE 2
DEFINITIONS

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 Staff 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).

"Weekly rate of pay" means an employee's annual normal pay divided by 52.176 (taux de rémunération hebdomadaire).

ARTICLE 3
MANAGEMENT RIGHTS

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.

ARTICLE 4
STATE SECURITY

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.

ARTICLE 5
PRECEDENCE

5.01 Where there is a conflict between this Collective Agreement and any Regulation or Directive, except as provided under Section 57(2) of the Public Service Staff Relations Act, this Agreement shall take precedence over said Regulation or Directive.

ARTICLE 6
NO DISCRIMINATION

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 Association.


PART II - STAFF RELATIONS MATTERS

ARTICLE 7
RECOGNITION AND EMPLOYEE REPRESENTATIVES

7.01 The Employer recognizes the Canadian Air Traffic Control Association as the exclusive bargaining agent for all employees in the bargaining unit as defined in the certificate issued by the Public Service Staff Relations Board on the twenty-eight (28th) day of November, 1967, and amended on the seventh (7th) day of June, 1999.

7.02 The Association shall notify the Employer promptly and in writing of the names of its representatives, the respective dates of their appointment and the names, if any, of those representatives who are being replaced or discontinued.

7.03 The Employer acknowledges the right of the Association to appoint employees as Stewards. The Association and Employer jointly shall determine the jurisdiction of the Steward having regard to the plan of organization, the disbursement of employees at the work place, and the administrative structure implied in the grievance procedure.

7.04 The Association recognizes that employees who are representatives of the Association have regular duties to perform in connection with their work for the Employer.

7.05 A Steward shall obtain the permission of his or her immediate supervisor before leaving his or her work to investigate complaints or grievances of an urgent nature, to meet with local management for the purpose of dealing with these matters and to attend meetings called by management. Such permission shall not be unreasonably withheld. The Steward shall report back to his or her supervisor before resuming his or her normal duties.

ARTICLE 8
CHECK-OFF

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.

8.02 The provisions of clause 8.01 will be applied effective the first (1st) 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 (1st) 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.

8.03 The amounts deducted in accordance with clause 8.01 shall be remitted by cheque to the National Secretary-Treasurer of the Association within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the amount of the deduction made on behalf of each employee.

8.04 The Employer shall provide a voluntary revocable check-off of premiums payable on health and sickness, and life insurance plans provided by the Association for its members on the basis of production of appropriate documentation, provided that the amounts so deducted are combined with Association dues in a single monthly deduction.

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

8.06 If a general revision in the amount of membership dues is to be made during the term of the Agreement, the Association agrees to notify the Employer in writing at least sixty (60) days prior to the effective date of such revision.

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

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.

ARTICLE 9
GRIEVANCE PROCEDURE

9.01 Employee complaints or grievances will be dealt with in accordance with the procedure set forth in this Article.

9.02 Definitions

(a) Days - All "days" referred to in this procedure are calendar days exclusive of Saturdays, Sundays and designated holidays.

(b) Immediate Supervisor - The "immediate supervisor" is the supervisor who has been specified by the Department to deal with a complaint from employees in his or her work area, and to receive written grievances and process them to the appropriate step in the procedure.

(c) Management Representative - The "management representative" is the officer identified by the Employer as an authorized representative whose decision constitutes a step in the grievance procedure.

9.03 Right to Present Grievances

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 any action or lack of action by the Employer in matters other than those which are dealt within the classification grievance process is entitled to present a grievance in accordance with the procedure provided by this Article except that:

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

and

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

A grievance must be presented not later than twenty-five (25) days from the day on which the employee was notified or informed of the decision or circumstance that is the subject of his or her grievance.

9.04 Representation

An employee may be assisted and/or represented by an authorized representative of the Association when presenting a grievance at any step. Such representative may meet with the Employer to discuss a grievance at each or any step of the grievance procedure.

9.05 Procedure

Complaints - An employee who has a complaint should attempt to resolve the same through discussion with his or her immediate supervisor.

9.06 Step One

An employee may present his or her grievance in writing to his or her immediate supervisor within the twenty-five (25) day period referred to in clause 9.03 above. The immediate supervisor shall sign the form indicating the time and date received. A receipted copy will be returned to the employee and a copy forwarded to the management representative authorized to make a decision at Step One. The management representative shall give the decision as quickly as possible and not later than fifteen (15) days after the day on which the grievance was presented. The decision will be in writing and a copy will be returned, through the immediate supervisor, to the employee.

9.07 Step Two

If a decision in Step One is not acceptable to the employee, he or she may, not later than ten (10) days after receipt of the decision in Step One, or if no decision was received, not later than fifteen (15) days after the last day on which he or she was entitled to receive a decision, present the written grievance to his or her immediate supervisor who will sign it indicating the time and date received. A receipted copy will be returned to the employee and a copy forwarded to the management representative authorized to make a decision at Step Two. The management representative shall give the decision as quickly as possible and not later than fifteen (15) days after the grievance was presented. The decision will be in writing and the employee copy will be returned, through the immediate supervisor, to the employee.

9.08 Step Three

If a decision in Step Two is not acceptable to the employee, he or she may, not later than ten (10) days after receipt of the decision in Step Two, or if no decision was received, not later than fifteen (15) days after the last day on which he or she was entitled to receive a decision, present the written grievance to his or her immediate supervisor who will sign it indicating the time and the date received. A receipted copy will be returned to the employee and a copy forwarded to the Deputy Minister or delegated representative authorized to make a decision at Step Three. The Deputy Minister or delegated representative shall give the decision as quickly as possible and not later than twenty (20) days after the grievance was presented. The decision will be in writing and the employee copy will be returned, through the immediate supervisor, to the employee. The decision of the Deputy Minister or delegated representative at the final step of the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.

9.09 Copy to Association

Where a grievance relates to the interpretation or application in respect of an employee of a provision of this Collective Agreement or an arbitral award relating thereto, or where the employee has indicated that he or she is being represented by the Association, a copy of the reply at each step of this procedure shall be forwarded to the authorized representative of the Association.

9.10 Demotion or Termination for Cause

A grievance resulting from the demotion or termination of an employee for cause pursuant to sub-clause 11(2)(f) or (g) of the Financial Administration Act shall begin at the final step of the grievance procedure. The written decision of the Deputy Minister or delegated representative shall be given as quickly as possible and not later than thirty (30) days after the grievance is presented.

9.11 Permission to Enter Premises or Offices

A representative of the Association other than an employee will be permitted access to the Employer's premises to assist in the settlement of a grievance, provided the Association has formally identified the representative in writing to the Employer and the prior approval of the Employer has been obtained.

9.12 Adjudication of Grievances

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 an arbitral award relating thereto,

or

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

or

(c) termination of employment or demotion pursuant to sub-clause 11(2)(f) or (g) of the Financial Administration Act,

and the employee's grievance has not been dealt with to his or her satisfaction, the employee may refer the grievance to adjudication.

9.13 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 Collective Agreement or an arbitral award relating thereto, the employee is not entitled to refer the grievance to adjudication unless the Association 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.

9.14 Extension of Normal Time Limit

The time limits stipulated in this procedure may be extended by mutual agreement between the Management representative and the employee, and the Association representative where the Association is representing the employee.

9.15 Abandonment

An employee may, by written notice to his or her immediate supervisor or local officer-in-charge, abandon a grievance at any time during the grievance process. If the grievance in question has been processed with the support of the Association, the Employer will notify the Association, that the employee has abandoned the grievance. The abandonment of a grievance shall not prejudice the position of the Association in dealing with grievances of a similar nature.

9.16 Where an employee fails to present a grievance to the next higher step within the prescribed time limits the employee shall be deemed to have abandoned the grievance.

9.17 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council (NJC) 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 Part 14 of the NJC By-Laws.

ARTICLE 10
DISCIPLINE

10.01 An employee shall be notified in writing of any disciplinary action, except an oral warning, taken against the employee by the Employer within a reasonable period of that action having been taken.

10.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee, the existence of which the employee was not aware at the time of filing or within a reasonable period thereafter.

10.03 Notice of disciplinary action which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period. The employee shall be notified orally when such notice has been destroyed.

10.04 Where any disciplinary notice is placed on an employee's personnel file, a copy of such letter or note must be presented to the employee or sent by registered mail to the employee's last known address within forty-eight (48) hours of its placement on the employee's personnel file.

ARTICLE 11
LEAVE FOR ASSOCIATION BUSINESS

11.01 Where operational requirements permit, the Employer will grant leave without pay to an employee who has been elected to a full-time office of the Association. The duration of such leave shall be for the period the employee is elected to hold office.

11.02 Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees at any one time to attend Association Executive Council meetings, congresses and conventions. Leave without pay for this purpose shall be requested in writing to the Employer as far in advance as possible of the date the leave is to commence, but normally not less than fifteen (15) calendar days in advance. Approval of such requests shall not unreasonably be withheld.

11.03 Public Service Staff Relations Board Hearings Pursuant to Section 23 of the Public Service Staff Relations Act

(a) Where operational requirements permit, the Employer will grant to an employee who makes a complaint leave with pay if the Public Service Staff Relations Board decides in favour of the employee and leave without pay in all other cases.

(b) Where operational requirements permit, the Employer will grant leave without pay to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Association making a complaint.

(c) The Employer will grant leave with pay to an employee called as a witness by the Public Service Staff Relations Board.

(d) Where operational requirements permit, the Employer will grant leave without pay to an employee called as a witness by an employee or the Association.

11.04 Arbitration Board and Conciliation Board Hearings

(a) Where operational requirements permit, the Employer will grant leave without pay to an employee representing the Association before an Arbitration Board or Conciliation Board.

(b) The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board or Conciliation Board, and where operational requirements permit, leave without pay to an employee called as a witness by the Association.

11.05 Adjudication

Where operational requirements permit, the Employer will grant leave with pay to an employee who is:

(a) a party to an adjudication,

or

(b) the representative of an employee who is a party to an adjudication,

or

(c) a witness called by an employee who is a party to an adjudication.

11.06 Contract Negotiations Meetings

(a) The Employer agrees to recognize and deal with a Collective Bargaining Committee comprising a reasonable number of employees for the purposes of negotiating collective agreements between the Employer and the Association.

(b) Where operational requirements permit, members of the Collective Bargaining Committee will be granted leave without pay for meetings with the Employer under sub-clause (a).

11.07 Presentation of Grievance

(a) An employee may be granted time off during working hours to discuss a complaint or grievance provided prior permission of his or her immediate supervisor is obtained.

(b) An employee who is a representative of the Association may, with the permission of his or her immediate supervisor, be granted time off during working hours to assist an employee in the presentation of a grievance. Where such assistance is given during working hours in the representative's area of jurisdiction he or she may be granted time off with pay, and where such assistance is given at locations other than in the representative's area of jurisdiction, leave without pay.

(c) Employees, and employees who are representatives of the Association, will not be entitled to be paid when a discussion or meeting on a complaint or grievance takes place outside their normal working hours.

11.08 Where operational requirements permit, the Employer shall grant leave without pay to officers of the Association to attend to Association business.

11.09 Operational requirements permitting, one (1) employee member of the Association's National Executive or his or her appointed alternate, formally invited by Federal Government agencies to attend joint meetings for discussion of mutual problems, shall be granted leave with pay including reasonable travel time required for attendance at such meetings.

ARTICLE 12
USE OF EMPLOYER FACILITIES

12.01 The Employer may permit the Association to use the Employer's premises outside the working hours of the employees for conducting meetings of their members, which are not related to membership recruitment, where refusal to grant permission would make it difficult for the Association to convene a meeting. The Association shall insure the orderly and proper conduct of its members who attend such meetings and agrees to be responsible for leaving facilities in good order after use.

12.02 Reasonable space on bulletin boards will be made available to the Association for the posting of official Association notices in convenient locations as determined by the Employer. Notices or other material shall require the prior approval of the Employer, except notices of meetings of their members and elections, the names of Association representatives and social and recreational affairs. Notices or other material pertaining to political matters or membership recruiting, or material which may be interpreted to reflect discredit upon the integrity or motives of the Employer, representatives of management, other employee organizations, or individuals shall not be posted.

ARTICLE 13
ASSOCIATION-MANAGEMENT CONSULTATION

13.01 The Employer and the Association recognize that consultation and communication on matters of mutual interest outside the terms of the Collective Agreement should promote constructive and harmonious Employer-Association relations.

13.02 Wherever possible, the Employer shall consult with representatives of the Association, at the appropriate level, about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

13.03 The Employer shall recognize an Association Committee comprised of a reasonable number of employees for the purpose of consulting with management.

13.04 It is recognized that a subject suggested for discussion may not be within the authority or jurisdiction of either the management or Association representatives. In these circumstances, 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.

13.05 Meetings with the Association Committee shall take place at least once per calendar year, and by mutual consent, more frequently.

13.06 All meetings shall be held on the Employer's premises at a time and for a duration determined by mutual agreement.

13.07 Full-time employees forming the continuing membership of the Association Committee shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable. Notwithstanding clause 13.06, such meetings shall not be held on such employees' days of rest.

13.08 A designated representative of the Association Committee and management shall exchange written agenda for a meeting as early as possible prior to the effective date of the meeting, but in any case normally not less than fifteen (15) calendar days in advance.

13.09 The Employer agrees that an employee will not be proposed as a managerial or confidential exclusion solely because the employee may be involved in consultation with a bargaining agent certified under the Public Service Staff Relations Act.

ARTICLE 14
INFORMATION

14.01 The Employer agrees to provide each employee with a copy of the Collective Agreement and any amendments thereto.

14.02 The Employer agrees to provide the Association quarterly with the names of new employees, their geographic location and classifications. In addition, a list of changes in employees' status will be forwarded each month to the National Office of the Association.

ARTICLE 15
NATIONAL JOINT COUNCIL AGREEMENTS

15.01 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 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.

15.02 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 (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.


PART III - WORKING CONDITIONS

ARTICLE 16
HOURS OF WORK

16.01 Thirty-seven and one-half (37 1/2) hours exclusive of lunch periods shall constitute the normal workweek.

16.02 Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period other than five (5) full days provided that over a period of fourteen (14) calendar days the employee works an average of thirty-seven and one-half (37 1/2) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every fourteen (14) day period, such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for him or her.

16.03 Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

16.04 Employees will submit weekly attendance registration only to report leave or overtime.

16.05 Where operational requirements permit, the Employer will provide employees with meal and relief breaks.

ARTICLE 17
OVERTIME

17.01 Time worked by an employee in excess of his or her scheduled hours of work shall be considered as overtime.

17.02 Overtime Compensation

**
(a) An employee shall be paid for overtime worked at one and one-half (1 1/2) times his or her straight-time hourly rate for the first seven and one-half (7 1/2) hours of overtime and double (2) time thereafter, except that if the overtime is worked by the employee on two (2) or more consecutive and contiguous days of rest, the employee shall be paid at two (2) times his or her straight-time hourly rate for each hour worked on the second (2nd) and subsequent days of rest.

(b) An employee is entitled to overtime compensation for each completed fifteen (15) minute period of overtime worked by the employee.

(c) An employee at his or her request, shall be granted time off in lieu of overtime at the appropriate overtime rate. The employee and his or her supervisor shall attempt to reach mutual agreement with respect to the time at which the employee shall take such lieu time off. However, failing such agreement, such lieu time will be accumulated.

Where an employee requests time off in lieu of overtime, the employee must indicate this to his or her supervisor prior to the end of the month in which the overtime occurred.

Where an employee has not utilized accumulated time off in lieu of overtime by the end of the fiscal year, the unused portion will be paid off at the appropriate overtime rate.

(d) Except as provided in sub-clause 17.02(c), the Employer will endeavour to make cash payment for overtime in the month following the month in which the overtime was worked.

17.03 The Employer will endeavour to keep overtime work to a minimum and shall assign overtime equitably among employees who are qualified to perform the work that is required at the location concerned.

17.04

**
(a) An employee who works three (3) or more hours of overtime immediately before or immediately following the employee's scheduled hours of work shall be reimbursed expenses for one meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.

**
(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, the employee shall be reimbursed for one additional meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.

(c) Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to his or her place of work.

ARTICLE 18
CALL-IN

18.01 When an employee is called in to work overtime that is not contiguous to the employee's scheduled hours of work, the employee is entitled to the greater of:

(a) compensation at the applicable overtime rate,

or

**
(b) compensation equivalent to four (4) hours' at his or her straight-time hourly rate of pay except that this minimum shall only apply once during a single period of eight (8) hours, starting when the employee first commences the work.

18.02 An employee who receives a call to duty or responds to a telephone or data line call after completing his or her work for the day and leaving his or her place of work may, at the discretion of the Employer, work at the employee's residence or at another place to which the Employer agrees, and receive compensation for time worked in accordance with the Overtime Article. In such instances, the employee shall be paid the greater of:

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

or

(b) compensation equivalent to one (1) hours' pay at his or her straight-time hourly rate, which shall apply only the first (1st) time an employee reports for work during a one-hour period, starting with the employee's first (1st) reporting.

**ARTICLE 19
STAND-BY

19.01

Where the Employer requires an employee to be available on stand-by during off-duty hours, such employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or part thereof for which the employee has been designated as being on standby duty.

19.02

(a) An employee designated by letter or by list for stand-by duty shall be available during his or her period of standby at a known telephone, cellular and/or pager number and be available to return for duty as quickly as possible, if called.

(b) No stand-by payment shall be granted if an employee is unable to report for duty when required.

(c) An employee on stand-by who is required to report for work and reports shall be compensated in accordance with clause 18.01.

ARTICLE 20
HOLIDAYS

20.01 The following days shall be designated 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 no such day is so recognized, the first Monday in August,

(l) Any other day that is proclaimed by law as a national holiday.

20.02 When an employee works on a holiday, the employee shall be paid, in addition to the pay he or she would have received had he or she not worked on the holiday, one and one-half (1 1/2) times his or her straight-time hourly rate for all hours worked by him or her on the holiday.

20.03

(a) An employee at his or her request, shall be granted time off in lieu of cash payment at that rate. The employee and his or her supervisor shall attempt to reach mutual agreement with respect to the time at which the employee shall take such lieu time off. However, failing such agreement, such lieu time will be accumulated.

(b) Where an employee requests time off in lieu of cash payment he or she must indicate this to his or her supervisor prior to the end of the month in which he or she worked on the holiday.

(c) Where an employee has not utilized this accumulated time off by the end of the fiscal year, the unused portion will be paid off at the appropriate rate.

20.04

(a) An employee who is absent without pay on both the working day immediately preceding and the working day following the holiday shall not be paid for the holiday.

(b) An employee who is absent without permission and who is not on sick or special leave on a designated holiday, on which he or she is scheduled to work, shall not be entitled to be paid for the holiday.

ARTICLE 21
SEVERANCE PAY

21.01 Under the following circumstances and subject to clause 21.02, an employee shall receive severance benefits calculated on the basis of his or her weekly rate of pay:

(a) Lay-Off

(i) On the first (1st) lay-off after March 21, 1979, two (2) weeks' pay for the first (1st) complete year of continuous employment and one (1) week's pay for each additional complete year of continuous employment with a maximum benefit of thirty (30) weeks' pay.

(ii) On second (2nd) or subsequent lay-off after March 21, 1979, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-nine (29) weeks' pay, less any period in respect of which he or she was granted severance pay under sub-subclause 21.01(a)(i) above.

(b) Retirement

On retirement, when an employee is entitled to an immediate annuity or entitled to an immediate annual allowance under the Public Service Superannuation Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of thirty (30) weeks' pay.

(c) Death

If an employee dies, there shall be paid to his or her estate, one (1) week's pay for each complete year of continuous employment to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.

(d) Termination for Cause for Reasons of Incapacity

An employee released from employment under Section 11(2)(g) of the Financial Administration Act by reason of release for incapacity shall on termination of his or her employment be entitled to severance pay on the basis of one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks' pay.

(e) Resignation

On resignation, an employee who has completed ten (10) or more years of continuous employment and who is not qualified under sub-clause (b) above, one-half (1/2) week's pay for each complete year of continuous employment with a maximum benefit of thirteen (13) weeks' pay.

**
21.02 The period of continuous employment used in the calculation of severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause 21.01 be pyramided.

21.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in his or her certificate of appointment on the date of the termination of his or her employment.

ARTICLE 22
TECHNOLOGICAL CHANGE

22.01 At least ninety (90) days before the introduction of any major technological change which will result in a reduction of staff, the Employer shall notify the Association of the proposed change.

ARTICLE 23
WORKING CONDITIONS AND SAFETY

23.01 The Employer will continue to make provision for the safe and healthful working conditions of employees and the Association agrees to cooperate fully in the prevention of accidents to employees and in the enforcement of safety rules.

ARTICLE 24
TRAVEL

24.01 Where an employee is required by the Employer to travel to or from the employee's headquarters area as normally defined by the Employer, the employee's method of travel shall be determined by the Employer. However, if an employee wishes to use a different method, the employee's wish will not be arbitrarily refused provided that the method chosen is consistent with the purpose of the travel and does not entail additional costs.

24.02 When required to travel, the employee will be compensated in the following manner:

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

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

(i) his or her normal pay for the day for a combined period of travel and work but not exceeding his or her normal hours of work,

and

(ii) at the applicable overtime rate for additional travel time in excess of the employee's normal hours of work, with a maximum payment for such additional travel time not to exceed eight (8) hours' pay at the applicable overtime rate in any day.

(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 eight (8) hours' pay at one and a half (1 1/2) times the employee's straight-time hourly rate.

24.03 When an employee is required by the Employer to travel to or from the employee's headquarters area as normally defined by the Employer, the employee may in accordance with clause 24.01 above:

(a) elect to travel via scheduled air carrier at the most economical air fare or its equivalent;

or

(b) elect to use privately-owned transportation and be reimbursed at the rate shown in clause 2.13 (use at traveller's request) of the Treasury Board Travel Directive;

or

(c) be requested by the Employer, or elect to use privately-owned transportation and be reimbursed at the rate shown in clause 2.12 (use at Employer's request) of the Treasury Board Travel Directive.

(d) When the employee elects under sub-clauses (b) or (c) above to use privately-owned transportation, the employee shall be paid at the applicable rate for the time normally required to travel portal to portal by air carrier.

(e) Employees travelling to or from Ottawa for temporary assignments in excess of five (5) days, whose headquarters area is in Newfoundland or the Pacific or Western Region, who elect to use privately-owned transportation under sub-clauses (b) or (c) above shall be allowed an additional day in which to travel and shall receive normal pay for that day. An employee travelling to or from Ottawa for temporary assignments in excess of five (5) days, whose headquarters is in the Pacific Region will be allowed a day with pay in addition to the day noted immediately above.

(f) An employee who elects to use privately-owned transportation under sub-clause (c) above shall be reimbursed at the rate shown in clause 2.12 of the Treasury Board Travel Directive, or an amount equal to the most economical air fare including the normal airport limousine fares, whichever is the least, in lieu of travel expenses.

24.04 When an employee requires hotel accommodation, the employee will select a hotel that has been approved and is listed in the Public Works and Government Services Hotel Directory. He or she will choose accommodation which his or her supervisor agrees is convenient for the purposes of the travel and which does not require unnecessary related transportation costs. Where the work site is an airport, transportation costs between the airport and the hotel which do not exceed the official airport limousine fares shall not be deemed to be unnecessary related transportation costs.

24.05 Except as may be modified in this agreement, employees will be reimbursed for all travel expenses in accordance with the current Treasury Board Travel Directive.

24.06 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 31st.

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 25
LEAVE GENERAL

25.01 With the exception of vacation leave requests and holidays, the employee must provide satisfactory validation of the circumstances necessitating requests for leave with or without pay, if required by the Employer, in such manner and at such time as may be determined by the Employer and confirmed in writing.

25.02

(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 34, "Bereavement Leave with Pay," a "day" will mean a calendar day.

25.03 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 26
VACATION LEAVE

26.01 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;

26.02 An employee who has not received at least ten (10) days' pay for each calendar month of a fiscal year will earn vacation leave at one-twelfth (1/12) of the rate referred to in clause 26.01 for each calendar month for which he or she receives at least ten (10) days' pay.

26.03 An employee earns but is not entitled to receive vacation leave with pay during his or her first six (6) months of continuous employment.

26.04

(a) The vacation year extends from April 1 to March 31 and vacation may be scheduled by the Employer at any time during this period.

(b) Local representatives of the Association shall be given the opportunity to consult with representatives of the Employer on vacation schedules. Consistent with efficient operating requirements the Employer shall make every reasonable effort to schedule vacations in a manner acceptable to employees.

(c) Subject to operational requirements, the Employer shall make every reasonable effort to schedule an employee's vacation leave during the fiscal year it is earned. Where in any fiscal year, the Employer has not scheduled all of the vacation leave credited to an employee, the unused portion of the employee's vacation leave shall be carried over into the following fiscal year, subject to the conditions in sub-subclauses (d)(i)-(iv).

(d) It is agreed by the parties, in accordance with the intent of Article 26 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:

(i) that any vacation period carried forward from the previous vacation year and utilized by any employee does not disrupt vacation schedules in the current vacation year nor prevent another employee from taking his or her regularly scheduled vacation for that year;

(ii) that the days which are carried over from the previous vacation year are taken at a time which is acceptable to both the Employer and the employee;

(iii) that an employee's vacation earned in the vacation year will be utilized before days carried forward from the previous vacation year;

(iv) any vacation leave credits in excess of thirty-five (35) days on March 31 will be paid off at the employee's straight-time rate of pay in effect at that time.

26.05 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.

26.06 Where, in respect of any period of vacation leave, an employee is granted bereavement leave, or is granted sick leave on production of a medical certificate, 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.

26.07 Where an employee dies or otherwise terminates his or her 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.

**
26.08 Subject to clause 26.09, where an employee dies or voluntarily terminates his or her 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 hours of earned but unused vacation leave by the straight-time rate of pay applicable to the employee immediately prior to the termination of the employee's employment.

26.09 An employee whose employment is terminated for cause pursuant to Section 11(2)(g) of the Financial Administration Act by reason of abandonment of his or her position is not entitled to receive the payment referred to in clause 26.08, unless the employee requests it within six (6) months following the date upon which the employee's employment is terminated.

26.10 Recall from Vacation Leave

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 he or she 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 he or she immediately resumes vacation upon completing the assignment for which he or she was recalled,

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

26.11 The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under clause 26.10 to be reimbursed for reasonable expenses incurred by him or her.

26.12

(a) The Employer agrees to issue advance payments of net salary for vacation periods, provided six (6) weeks' notice is received from the employee in advance of the day payment is required.

(b) Provided an employee has been authorized to proceed on vacation for the period concerned, advance payment of net salary shall be made prior to departure and shall consist of an estimated two (2), three (3), four (4) or five (5) weeks' net entitlement subsequent to the last regular pay issue.

Any overpayment in respect of such advance shall be an immediate first charge against any subsequent pay entitlement and shall be recovered in full prior to any further payment of salary.

ARTICLE 27
SICK LEAVE

27.01 An employee shall earn sick leave credits at the rate of nine point three seven five (9.375) hours for each calendar month for which that employee receives pay for at least ten (10) days.

27.02 An employee is eligible for sick leave with pay when the employee is unable to perform his or her duties because of illness or injury provided that:

(a) the employee has the necessary sick leave credits,

and

(b) the employee satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer.

27.03 Unless otherwise informed by the Employer before or during the period of illness or injury that a certificate from a qualified medical practitioner, licensed chiropractor, dentist, dental surgeon or orthodontist, will be required, a statement signed by the employee stating that because of this illness or injury the employee was unable to perform his or her duties shall, when delivered to the Employer, be considered as meeting the requirements of sub-clause 27.02(b):

(a) if the period of leave requested does not exceed five (5) days,

and

(b) if in the current fiscal year, the employee has not been granted more than ten (10) days' sick leave wholly on the basis of statements signed by the employee.

27.04 An employee is not eligible for sick leave with pay during any period in which the employee is on leave of absence without pay or under suspension.

27.05 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 27.02, sick leave with pay may, at the discretion of the Employer, be granted for a period of up to one hundred and twelve point five (112.5) hours subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

27.06 The amount of sick leave with pay already credited to an employee by the Employer at the time this agreement is signed shall be retained by the employee.

27.07 The Employer agrees that an employee terminated for cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial Administration Act may exhaust his or her accumulated sick leave credits prior to his or her release.

**ARTICLE 28
INJURY-ON-DUTY LEAVE

28.01 An employee shall be granted injury-on-duty leave with pay for such period as may be reasonably determined by the Employer when a claim has been made pursuant to the Government Employees' Compensation Act, and a Workers' Compensation authority has notified the Employer that it has certified that the employee is unable to work because of:

(a) personal injury accidentally received in the performance of his or her duties and not caused by the employee's willful misconduct,

or

(b) an industrial illness or a disease arising out of and in the course of the employee's employment, if the employee agrees to remit to the Receiver General of Canada any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee's agent has paid the premium.

ARTICLE 29
MATERNITY LEAVE

29.01 Maternity Leave without Pay

(a) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than seventeen (17) weeks after the termination date of pregnancy.

(b) Notwithstanding sub-clause (a):

(i) where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,

or

(ii) where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized,

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.
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.

(c) The extension described in sub-clause (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

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

(e) An employee who has not commenced maternity leave without pay may elect to:

(i) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;

(ii) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in the Sick Leave Article. For purposes of this sub-clause, the terms "illness" or "injury" used in the Sick Leave Article shall include medical disability related to pregnancy.

(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.

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

29.02 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:

(i) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,

(ii) provides the Employer with proof that she has applied for and is in receipt of pregnancy benefits pursuant to Section 22 of the Employment Insurance Act in respect of insurable employment with the Employer,

and

(iii) has signed an agreement with the Employer stating that:

(A) she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;

(B) following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of the maternity allowance;

(C) should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows:

(allowance received)

X

(remaining period to be worked
following her return to work)


     

[total period to be worked
as specified in (B)]

however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five (5) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).

(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).

(c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:

(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance pregnancy benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period,

and

(ii) for each week that the employee receives a pregnancy benefit pursuant to Section 22 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance pregnancy benefit she is eligible to receive and ninety-three per cent (93%) of her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which she would have been eligible if no extra monies had been earned during this period.

(d) At the employee's request, the payment referred to in sub-clause 29.02(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.

(e) The maternity allowance to which an employee is entitled is limited to that provided in sub-clause (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act.

(f) The weekly rate of pay referred to in sub-clause (c) shall be:

(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,

(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in sub-clause (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.

(g) The weekly rate of pay referred to in sub-clause (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.

(h) Notwithstanding sub-clause (g), and subject to sub-subclause (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.

(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.

(j) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

29.03 Special Maternity Allowance for Totally Disabled Employees

(a) An employee who:

(i) fails to satisfy the eligibility requirement specified in sub-subclause 29.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Longterm Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance pregnancy benefits,

and

(ii) has satisfied all of the other eligibility criteria specified in sub-clause 29.02(a), other than those specified in sections (A) and (B) of sub-subclause 29.02(a)(iii),

shall be paid, in respect of each week of maternity allowance not received for the reason described in sub-subclause (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
shall be paid, in respect of each week of maternity allowance not received for the reason described in sub-subclause (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

(b) An employee shall be paid an allowance under this clause and under clause 29.02 for a combined period of no more than the number of weeks during which she would have been eligible for pregnancy benefits pursuant to Section 22 of the Employment Insurance Act had she not been disqualified from Employment Insurance pregnancy benefits for the reasons described in sub-subclause (a)(i).

29.04 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 30
PARENTAL LEAVE

30.01 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 partner), 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):

(i) where the employee's child is hospitalized within the period defined in the above sub-clauses, and the employee has not yet proceeded on parental leave without pay,

or

(ii) where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized,

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.

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 partner), 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:

(i) defer the commencement of parental leave without pay at the request of the employee;

(ii) grant the employee parental leave without pay with less than four (4) weeks' notice;

(iii) require an employee to submit a birth certificate or proof of adoption of the child.

(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.

30.02 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:

(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,

(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental benefits pursuant to Section 23 of the Employment Insurance Act in respect of insurable employment with the Employer,

and

(iii) has signed an agreement with the Employer stating that:

(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;

(B) following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 29.02(a)(iii)(B), if applicable;

(C) should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows:

(allowance received)

X

(remaining period to be worked
following his/her return to work)


   

[total period to be worked
as specified in (B)]

however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five (5) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).

(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).

**
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;

(ii) for each week in respect of which the employee receives parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or she is eligible to receive and ninety-three per cent (93%) of his or her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which he or she would have been eligible if no extra monies had been earned during this period.

(d) At the employee's request, the payment referred to in sub-subclause 30.02(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.

(e) The parental allowance to which an employee is entitled is limited to that provided in sub-clause (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.

(f) The weekly rate of pay referred to in sub-clause (c) shall be:

(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;

(ii) for an employee who has been employed on a part-time or on a combined full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in sub-subclause (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full time during such period.

(g) The weekly rate of pay referred to in sub-clause (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.

(h) Notwithstanding sub-clause (g), and subject to sub-subclause (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.

(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.

(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

30.03 Special Parental Allowance for Totally Disabled Employees

(a) An employee who:

(i) fails to satisfy the eligibility requirement specified in sub-subclause 30.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents the employee from receiving Employment Insurance parental benefits,

and

(ii) has satisfied all of the other eligibility criteria specified in sub-clause 30.02(a), other than those specified in sections (A) and (B) of sub-subclause 30.02(a)(iii),

shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in sub-subclause (i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in sub-subclause (i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

(b) An employee shall be paid an allowance under this clause and under clause 30.02 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental benefits pursuant to Section 23 of the Employment Insurance Act, had the employee not been disqualified from Employment Insurance parental benefits for the reasons described in sub-subclause (a)(i).

30.04 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 31
LEAVE WITH PAY FOR FAMILY-RELATED RESPONSIBILITIES

31.01

**
(a) For the purpose of this clause, family is defined as spouse (or common-law partner resident with the employee), children (including children of legal or common-law partner), 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:

(i) up to one (1) day to take a family member for a medical or dental appointment when the family member is incapable of attending the appointments by himself of herself, or for appointments with appropriate authorities in schools or adoption agencies. An employee is expected to make reasonable efforts to schedule medical or dental appointments for family members to minimize his or her absence from work. An employee requesting leave under this provision must notify his or her supervisor of the appointment as far in advance as possible;

(ii) to provide for the immediate and temporary care of a sick member of the employee's family and to provide an employee with time to make alternate arrangements where the illness is of a longer duration;

(iii) to provide for the immediate and temporary care of an elderly member of the employee's family;

(iv) two (2) day's leave with pay for needs directly related to the birth or to the adoption of the employee's child. This leave may be divided into two (2) periods and granted on separate days.

(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 32
MARRIAGE LEAVE

**
32.01 After the completion of one (1) year's continuous employment in the Public Service, an employee who gives the Employer at least twenty (20) days' notice, shall be granted marriage leave with pay but not more than five (5) days, for the purpose of getting married.

ARTICLE 33
LEAVE WITHOUT PAY FOR
THE CARE OF IMMEDIATE FAMILY

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

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

33.03 Subject to clause 33.02, 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.

33.04 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.

33.05 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

33.06

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 33) 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 34
BEREAVEMENT LEAVE WITH PAY

**
34.01 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 partner resident with the employee), child (including child of common-law partner), 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.

34.02 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.

34.03 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.

34.04 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 34.02 and 34.03.

ARTICLE 35
COURT LEAVE WITH PAY

35.01 Leave with pay shall be given to every employee, other than an employee already on leave without pay, on education leave, or under suspension who is required:

(a) to be available for jury selection;

(b) to serve on a jury;

or

(c) by subpoena or summons to attend as a witness in any proceeding held:

(i) in or under the authority of a court of justice or before a grand jury;

(ii) before a court, judge, justice, magistrate or coroner;

(iii) before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of his position;

(iv) before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it;

or

(v) before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.

ARTICLE 36
PERSONNEL SELECTION LEAVE

36.01 Where an employee participates as a candidate in a personnel selection process for a position in the Public Service, as defined in the Public Service Staff Relations Act, the employee is entitled to leave with pay for the period during which the employee's presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where his or her presence is so required. Remuneration in these circumstances shall be limited to normal pay.

ARTICLE 37
EDUCATION AND CAREER DEVELOPMENT LEAVE

37.01 The Employer recognizes the usefulness of Education Leave. Upon written application by the employee and with the approval of the Employer, an employee may be granted education leave without pay for varying periods up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill his or her present role more adequately or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.

37.02 At the Employer's discretion, an employee on education leave without pay under this Article may receive an allowance in lieu of salary of up to one hundred per cent (100%) of his or her normal pay, depending on the degree to which the education leave is deemed by the Employer to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

37.03 Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

37.04 As a condition of the granting of education leave without pay, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted.

If the employee, except with the permission of the Employer:

(a) fails to complete the course;

(b) does not resume employment with the Employer on completion of the course;

or

(c) ceases to be employed, except by reason of death or lay-off, before termination of the period he or she has undertaken to serve after completion of the course;

the employee shall repay the Employer all allowances paid to him or her under this Article during the education leave or such lesser sum as shall be determined by the Employer.

37.05 Career Development Leave With Pay

(a) Career development refers to an activity which in the opinion of the Employer is likely to be of assistance to the individual in furthering his or her career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:

(i) a course given by the Employer;

(ii) a course offered by a recognized academic institution;

(iii) a seminar, convention or study session in a specialized field directly related to the employee's work.

(b) Upon written application by the employee, and with the approval of the Employer, career development leave with pay may be given for any one of the activities described in sub-clause 37.05(a) above. Article 17, Overtime, and Article 24, Travel, do not apply during time spent on career development leave provided for in this clause.

(c) Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.

37.06 Invitation to Participate at Seminars and Conventions

An employee invited to give courses or lectures on matters related to his or her field of employment or to take part in seminars and conventions pertaining to Air Traffic Control and related to his or her employment may, at the discretion of the Employer, be given leave with pay for such attendance.

ARTICLE 38
VOLUNTEER LEAVE

38.01

**
(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, a single period of up to seven decimal five (7.5) hours 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 39
PERSONAL LEAVE

39.01

**
(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, a single period of up to seven decimal five (7.5) hours 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.

ARTICLE 40
LEAVE WITH OR WITHOUT PAY FOR OTHER REASONS

40.01 It is agreed that, operational requirements permitting, employees in the Air Traffic Control Group who are selected for employment by ICAO, CUSO, or under Canada's External Aid Programme, will be granted leave without pay on presentation of a letter indicating their acceptance by such an organization.

40.02 At the discretion of the Employer, leave with pay may be granted when circumstances not directly attributable to the employee prevent the employee's reporting for duty. Such leave shall not be unreasonably withheld.

40.03 At its discretion, the Employer may grant leave without pay for purposes other than those specified in this Agreement.

 


PART V - PAY AND DURATION

ARTICLE 41
PAY ADMINISTRATION

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

41.02 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.

41.03

(a) When an employee is required by the Employer to perform the duties of a higher classification level for a period of at least four (4) consecutive working days, the employee shall be paid the pay of the higher level, calculated from the date on which the employee commenced to perform the duties of the higher level.

(b) An employee who is required to perform the duties of a higher classification level will not be arbitrarily assigned and reassigned between his or her regular position and the acting position solely for the purpose of avoiding entitlement to acting pay in the higher level position.

41.04 The Employer will endeavour to make cash payment of compensation for acting duties in the month following the month in which the acting duties were performed.

41.05 Overpayment

Where an employee, through no fault of his or her own, has been overpaid, the appropriate pay office will, before recovery action is implemented, advise the employee of the intention to recover the overpayment. Where the amount of overpayment is in excess of fifty dollars ($50.00), and where the employee advises his or her local management that the stated recovery action will create a hardship, arrangements will be made by the Employer with the appropriate pay office to limit recovery action to not more than ten per cent (10%) of the employee's pay each pay period until the entire amount is recovered.

41.06 The Employer will notify the Association in writing thirty (30) days in advance of the creation of any new jobs within the bargaining unit or the establishment of a new classification plan for jobs within the bargaining unit.

ARTICLE 42
DURATION AND MODIFICATION

**
42.01 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, 2004.

42.02 This Agreement may be amended by mutual consent.

ARTICLE 43
SUPERVISORY DIFFERENTIAL

43.01 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:

Supervisory Rating

Supervisory Differential

Degree A

2%

Degree B

4%

Degree C

5%

Degree D

6%

SIGNED AT OTTAWA, this 9th day of the month of February 2004.

THE TREASURY BOARD
OF CANADA

 

THE CANADIAN AIR TRAFFIC
CONTROL ASSOCIATION

Signature Page - AI Agreement

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**APPENDIX "A"

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

A) Effective July 1, 2003

AI-01

From:

$

38310

40485

42659

44835

47007

49185

51360

53537

55709

57887

To:

A

39268

41497

43725

45956

48182

50415

52644

54875

57102

59334

AI-02

From:

$

46613

48786

50959

53136

55310

57484

59660

61835

64012

66185

To:

A

47778

50006

52233

54464

56693

58921

61152

63381

65612

67840

AI-03

From:

$

56090

58268

60443

62621

64801

66979

69156

71333

73510

75684

To:

A

57492

59725

61954

64187

66421

68653

70885

73116

75348

77576

AI-04

From:

$

66443

68862

71283

73702

76123

78542

80961

83383

85801

To:

A

68104

70584

73065

75545

78026

80506

82985

85468

87946

AI-05

From:

$

68863

71283

73702

76122

78541

80960

83382

85800

88219

To:

A

70585

73065

75545

78025

80505

82984

85467

87945

90424

AI-06

From:

$

71906

74325

76744

79166

81586

84005

86425

88845

91264

To:

A

73704

76183

78663

81145

83626

86105

88586

91066

93546

AI-07

From:

$

76014

78433

80851

83272

85692

88111

90530

92949

95369

To:

A

77914

80394

82872

85354

87834

90314

92793

95273

97753

**

PAY NOTES

(a) The rates of pay set forth in Appendix "A" shall become effective on the date 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:

(i) "retroactive period" for the purpose of subparagraphs (ii) to (v) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefore;

(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of death, the estates of former employees who were employees in the group identified in Article 2 of this Agreement during the retroactive period;

(iii) for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is shown immediately below the rate of pay being received prior to the revision;

(iv) for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Regulations, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay shown immediately below the rate of pay being received prior to the revision;

(v) no payment or no notification shall be made pursuant to paragraph (b) for one dollar ($1.00) or less.

(c) 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.


LETTER OF UNDERSTANDING (1-04)

Mr. Rob Thurgur,
President,
Canadian Air Traffic Control Association,
162 Cleopatra Drive,
Nepean, Ontario.
K2G 5X2

Dear Mr. Thurgur:

This letter will confirm our understanding with respect to clause 14.02.

It is agreed, that following signature of the current collective agreement, Transport Canada will provide your Association with the following information on a monthly basis pertaining to all employees in the AI bargaining unit:

(a) Employee's name

(b) Position number

(c) Group and level

(d) Location (unit)

(e) Tenure or status in position

(f) Effective date of change

(g) Current salary

(h) Date of appointment

(i) Acting level

(j) Position title.

Current salary will not be provided unless the Employer has received authorization from the employee permitting release of this information.

Signature - Letter of Understanding 1-04

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LETTER OF UNDERSTANDING (2-04)

Mr. Rob Thurgur,
President,
Canadian Air Traffic Control Association,
162 Cleopatra Drive,
Nepean, Ontario.
K2G 5X2

Dear Mr. Thurgur:

This letter will confirm an understanding reached during the current Air Traffic Control negotiations in respect to conflict of interest.

It is agreed that where there is the possibility of a conflict of interest the employee will be afforded the opportunity to have his or her Association representative meet with the Employer to discuss the possible conflict of interest before a decision is given by the Employer on the matter.

Signature - Letter of Understanding 2-04

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LETTER OF UNDERSTANDING (3-04)

Mr. Rob Thurgur,
President,
Canadian Air Traffic Control Association,
162 Cleopatra Drive,
Nepean, Ontario.
K2G 5X2

Dear Mr. Thurgur:

This is to clarify the intent of the overtime provisions of sub-clause 17.02(a) of the collective agreement expiring June 30, 2004, for overtime worked on days of rest.

Where an employee's overtime assignment does not commence and end on the same day, such assignment shall be considered for all purposes to have been entirely worked:

(a) on the day it commenced where half or more of the hours worked fall on that day,

or

(b) on the day it terminates where more than half of the hours worked fall on that day.

Signature - Letter of Understanding 3-04

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LETTER OF UNDERSTANDING (4-04)

Mr. Rob Thurgur,
President,
Canadian Air Traffic Control Association,
162 Cleopatra Drive,
Nepean, Ontario.
K2G 5X2

Dear Mr. Thurgur:

This is to confirm an understanding reached during the current negotiations in respect of assignment of controllers' duties.

Functions which are presently only performed by members of the Air Traffic Control Group will not be assigned to members of other bargaining units.

Where either party deems it desirable to deviate from this understanding, the parties agree to enter into discussions to consider such proposals and may mutually agree to make exceptions to the foregoing.

Signature - Letter of Understanding 4-04

Display full size graphic

 


**APPENDIX "A"

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

X) Effective January 1, 1998
A) Effective January 1, 1998
B) Effective January 1, 1999
C) Effective January 1, 2000

Operating Employees
AI-00
From:

$

19852

20279

20700

21125

21550

21974

To:

A

20195

20630

21058

21490

21923

22354

B

20599

21043

21479

21920

22361

22801

C

20805

21253

21694

22139

22585

23029

AI-01
From:

$

30998

32906

34820

36730

38637

40550

42462

44370

46283

48195

50105

To:

A

31534

33475

35422

37365

39305

41252

43197

45138

47084

49029

50972

B

32165

34145

36130

38112

40091

42077

44061

46041

48026

50010

51991

C

32487

34486

36491

38493

40492

42498

44502

46501

48506

50510

52511

AI-02
From:

$

37365

39277

41188

43096

45009

46921

48829

50740

52654

54561

56473

To:

A

38011

39956

41901

43842

45788

47733

49674

51618

53565

55505

57450

B

38771

40755

42739

44719

46704

48688

50667

52650

54636

56615

58599

C

39159

41163

43166

45166

47171

49175

51174

53177

55182

57181

59185

AI-03
From:

$

44159

46071

47982

49891

51802

53715

55625

57535

59445

61356

63265

To:

A

44923

46868

48812

50754

52698

54644

56587

58530

60473

62417

64359

B

45821

47805

49788

51769

53752

55737

57719

59701

61682

63665

65646

C

46279

48283

50286

52287

54290

56294

58296

60298

62299

64302

66302

AI-04
From:

$

48829

50740

52654

54561

56473

58385

60293

62208

64118

66026

67939

To:

A

49674

51618

53565

55505

57450

59395

61336

63284

65227

67168

69114

B

50667

52650

54636

56615

58599

60583

62563

64550

66532

68511

70496

C

51174

53177

55182

57181

59185

61189

63189

65196

67197

69196

71201

AI-05
From:

$

50953

52866

54775

56686

58596

60505

62414

64331

66240

68149

70061

To:

A

51834

53781

55723

57667

59610

61552

63494

65444

67386

69328

71273

B

52871

54857

56837

58820

60802

62783

64764

66753

68734

70715

72698

C

53400

55406

57405

59408

61410

63411

65412

67421

69421

71422

73425

Non-Operating Employees
AI-01
From:

$

31703

33616

35524

37432

39342

41247

43158

45066

46977

48883

50795

To:

A

32251

34198

36139

38080

40023

41961

43905

45846

47790

49729

51674

B

32896

34882

36862

38842

40823

42800

44783

46763

48746

50724

52707

C

33225

35231

37231

39230

41231

43228

45231

47231

49233

51231

53234

AI-02
From:

$

38990

40901

42808

44714

46624

48532

50440

52350

54258

56168

58074

To:

A

39665

41609

43549

45488

47431

49372

51313

53256

55197

57140

59079

B

40458

42441

44420

46398

48380

50359

52339

54321

56301

58283

60261

C

40863

42865

44864

46862

48864

50863

52862

54864

56864

58866

60864

AI-03
From:

$

47306

49218

51128

53037

54948

56860

58771

60681

62592

64504

66411

To:

A

48124

50069

52013

53955

55899

57844

59788

61731

63675

65620

67560

B

49086

51070

53053

55034

57017

59001

60984

62966

64949

66932

68911

C

49577

51581

53584

55584

57587

59591

61594

63596

65598

67601

69600

AI-04
From:

$

54055

55965

57879

59787

61698

63610

65517

67432

69342

71252

73165

To:

X

56178

58302

60425

62548

64672

66795

68918

71042

73165

75288

A

57150

59310

61470

63630

65790

67951

70111

72271

74431

76590

B

58293

60496

62699

64903

67106

69310

71513

73716

75920

78122

C

58876

61101

63326

65552

67777

70003

72228

74453

76679

78903

AI-05
From:

$

56179

58092

60000

61910

63821

65730

67639

69556

71466

73375

75287

To:

X

58302

60425

62548

64671

66795

68918

71041

73164

75287

77410

A

59311

61471

63630

65790

67950

70110

72270

74430

76589

78749

B

60497

62700

64903

67106

69309

71512

73715

75919

78121

80324

C

61102

63327

65552

67777

70002

72227

74452

76678

78902

81127

AI-06
From:

$

58847

60758

62670

64580

66489

68399

70312

72227

74139

76038

77959

To:

X

60971

63094

65218

67341

69465

71588

73712

75835

77959

80082

A

62025

64186

66346

68506

70667

72827

74987

77147

79308

81467

B

63266

65470

67673

69876

72080

74284

76487

78690

80894

83096

C

63899

66125

68350

70575

72801

75027

77252

79477

81703

83927

AI-07
From:

$

62454

64361

66274

68184

70093

72003

73918

75830

77741

79642

81561

To:

X

64577

66700

68823

70946

73069

75192

77315

79438

81561

83684

A

65694

67854

70014

72173

74333

76493

78653

80812

82972

85132

B

67008

69211

71414

73616

75820

78023

80226

82428

84631

86835

C

67678

69903

72128

74352

76578

78803

81028

83252

85477

87703

PAY NOTES

(1) The rates of pay set forth in Appendix "A" shall become effective on the date specified therein.

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

(i) "retroactive period" for the purpose of clauses (ii) to (v) means the period commencing on the effective date of the retroactive upward revision in rates of pay and ending on the day the collective agreement is signed or when an arbitral award is rendered therefor;

(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in case of death the estates of former employees, who were employees in the bargaining unit during the retroactive period;

(iii) rates of pay shall be paid in an amount equal to what would have been paid had the collective agreement been signed or an arbitral award rendered therefor on the effective date of the revision in rates of pay;

(iv) in order for former employees, or in the case of death for the former employees' representatives, to receive payment in accordance with clause (iii), the Employer shall notify by registered mail, such individuals at their last known address that they have thirty (30) days from the date of receipt of the registered letter to request in writing such payment after which time any obligation upon the Employer to provide payment ceases;

(v) no payment nor notification shall be made pursuant to this clause for one dollar ($1.00) or less.

**

(3) 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.

**

(4) Effective January 1, 1998, Non-Operating Employees at levels 4, 5, 6 and 7 shall be paid at the rate of pay in the position on the "X" line which corresponds to the position of their former rate of pay.

**

(5) The rates of pay for Operating Employees will cease to have effect when the last employee who was participating in the Retraining and Reassignment Program on January 1, 1998 ceases to participate or his or her employment is terminated in accordance with the terms of the Program.


LETTER OF UNDERSTANDING (1-99)

Mr. Fazal Bhimji,
President,
Canadian Air Traffic Control Association,
162 Cleopatra Drive,
Nepean, Ontario.
K2G 5X2

Dear Mr. Bhimji:

This letter will confirm our understanding with respect to clause 14.02.

It is agreed, that following signature of the current collective agreement, Transport Canada will provide your Association with the following information on a monthly basis pertaining to all employees in the AI bargaining unit:

(a) Employee's name

(b) Position number

(c) Group and level

(d) Location (unit)

(e) Tenure or status in position

(f) Effective date of change

(g) Current salary

(h) Date of appointment

(i) Acting level

(j) Position title.

Current salary will not be provided unless the Employer has received authorization from the employee permitting release of this information.

Signature Page for Letter of Understanding 1-99

Display full size graphic


LETTER OF UNDERSTANDING (2-99)

Mr. Fazal Bhimji,
President,
Canadian Air Traffic Control Association,
162 Cleopatra Drive,
Nepean, Ontario.
K2G 5X2

Dear Mr. Bhimji:

This letter will confirm an understanding reached during the current Air Traffic Control negotiations in respect to conflict of interest.

It is agreed that where there is the possibility of a conflict of interest the employee will be afforded the opportunity to have his or her Association representative meet with the Employer to discuss the possible conflict of interest before a decision is given by the Employer on the matter.

Signature Page for Letter of Understanding 2-99

Display full size graphic


LETTER OF UNDERSTANDING (3-99)

Mr. Fazal Bhimji,
President,
Canadian Air Traffic Control Association,
162 Cleopatra Drive,
Nepean, Ontario.
K2G 5X2

Dear Mr. Bhimji:

This is to clarify the intent of the overtime provisions of sub-clause 17.02(a) of the collective agreement expiring June 30, 2000, for overtime worked on days of rest.

Where an employee's overtime assignment does not commence and end on the same day, such assignment shall be considered for all purposes to have been entirely worked:

(a) on the day it commenced where half or more of the hours worked fall on that day,

or

(b) on the day it terminates where more than half of the hours worked fall on that day.

Signature Page for Letter of Understanding 3-99

Display full size graphic


LETTER OF UNDERSTANDING (4-99)

Mr. Fazal Bhimji,
President,
Canadian Air Traffic Control Association,
162 Cleopatra Drive,
Nepean, Ontario.
K2G 5X2

Dear Mr. Bhimji:

This letter will confirm our understanding reached during the current negotiations with respect to employees who were participating in the Retraining and Reassignment Program ("the Program") as of January 1, 1998.

The parties agree that the purpose of not renewing certain articles and clauses that pertained to Operating Employees in the previous collective agreement which expired December 31, 1997 (402/91), was to better reflect the composition of the current bargaining unit, which no longer includes active Operating Employees. There was no intent on the part of either party to remove or reduce a benefit that would otherwise have applied, subject to the terms and conditions of the Program, to those former Operating Employees who were participating in the Program as of January 1, 1998.

Should the parties agree that the deletion of one or more of these articles or clauses inadvertently reduced a benefit that would otherwise have applied to employees participating in the Program as of January 1, 1998, that article or clause will be deemed to continue to apply to such employees, as of the effective date of the new collective agreement, until they cease to be participants or their employment is terminated in accordance with the terms of the Program.

The parties recognize that articles in the previous collective agreement which had no application to employees in the Program, as specified and applied in individual training agreements under the Program, will continue to have no application.

It is understood that the terms of this Letter of Understanding cease to have effect when the last employee, who was participating in the Program at January 1, 1998, ceases to participate or his/her employment is terminated in accordance with the terms of the Program.

Signature Page for Letter of Understanding 4-99

Display full size graphic


**LETTER OF UNDERSTANDING (5-99)

Mr. Fazal Bhimji,
President,
Canadian Air Traffic Control Association,
162 Cleopatra Drive,
Nepean, Ontario.
K2G 5X2

Dear Mr. Bhimji:

This is to confirm an understanding reached during the current negotiations in respect of assignment of controllers' duties.

Functions which are presently only performed by members of the Air Traffic Control group will not be assigned to members of other bargaining units.

Where either party deems it desirable to deviate from this understanding, the parties agree to enter into discussions to consider such proposals and may mutually agree to make exceptions to the foregoing.

Signature Page for Letter of Understanding 5-99

Display full size graphic


**LETTER OF UNDERSTANDING (6-99)

Mr. Fazal Bhimji,
President,
Canadian Air Traffic Control Association,
162 Cleopatra Drive,
Nepean, Ontario.
K2G 5X2

Dear Mr. Bhimji:

This is to confirm an understanding reached during the current negotiations in respect of the elimination of the entitlement to familiarization flights and unit visits, described under Article 8 of the previous collective agreement.

In consideration for the removal of this benefit from the collective agreement, the Employer agrees to make a one-time payment of $1,200 to those employees in the bargaining unit on date of signing.

Signature Page for Letter of Understanding 6-99

Display full size graphic

 


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


PART III - WORKING CONDITIONS

ARTICLE 17
OVERTIME

17.02 Overtime Compensation

**
(a) An employee shall be paid for overtime worked at one and one-half (1 1/2) times his or her straight-time hourly rate for the first seven and one-half (7 1/2) hours of overtime and double (2) time thereafter, except that if the overtime is worked by the employee on two (2) or more consecutive and contiguous days of rest, the employee shall be paid at two (2) times his or her straight-time hourly rate for each hour worked on the second (2nd) and subsequent days of rest.

17.04

**
(a) An employee who works three (3) or more hours of overtime immediately before or immediately following the employee's scheduled hours of work shall be reimbursed expenses for one meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.

**
(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, the employee shall be reimbursed for one additional meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.

ARTICLE 18
CALL-IN

18.01

**
(b) compensation equivalent to four (4) hours' at his or her straight-time hourly rate of pay except that this minimum shall only apply once during a single period of eight (8) hours, starting when the employee first commences the work.

**ARTICLE 19
STAND-BY

19.01

Where the Employer requires an employee to be available on stand-by during off-duty hours, such employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or part thereof for which the employee has been designated as being on standby duty.

19.02

(a) An employee designated by letter or by list for stand-by duty shall be available during his or her period of standby at a known telephone, cellular and/or pager number and be available to return for duty as quickly as possible, if called.

(b) No stand-by payment shall be granted if an employee is unable to report for duty when required.

(c) An employee on stand-by who is required to report for work and reports shall be compensated in accordance with clause 18.01.

ARTICLE 21
SEVERANCE PAY

**
21.02 The period of continuous employment used in the calculation of severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause 21.01 be pyramided.

PART IV - LEAVE

ARTICLE 26
VACATION LEAVE

**
26.08 Subject to clause 26.09, where an employee dies or voluntarily terminates his or her 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 hours of earned but unused vacation leave by the straight-time rate of pay applicable to the employee immediately prior to the termination of the employee's employment.

**ARTICLE 28
INJURY-ON-DUTY LEAVE

28.01 An employee shall be granted injury-on-duty leave with pay for such period as may be reasonably determined by the Employer when a claim has been made pursuant to the Government Employees' Compensation Act, and a Workers' Compensation authority has notified the Employer that it has certified that the employee is unable to work because of:

(a) personal injury accidentally received in the performance of his or her duties and not caused by the employee's willful misconduct,

or

(b) an industrial illness or a disease arising out of and in the course of the employee's employment, if the employee agrees to remit to the Receiver General of Canada any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee's agent has paid the premium.

ARTICLE 30
PARENTAL LEAVE

30.01 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 partner), 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.

**
(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 partner), or the date the child is expected to come into the employee's care pursuant to sub-clauses (a) and (b).

30.02 Parental Allowance

**
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;

(ii) for each week in respect of which the employee receives parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or she is eligible to receive and ninety-three per cent (93%) of his or her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which he or she would have been eligible if no extra monies had been earned during this period.

ARTICLE 31
LEAVE WITH PAY FOR FAMILY-RELATED RESPONSIBILITIES

31.01

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

ARTICLE 32
MARRIAGE LEAVE

**
32.01 After the completion of one (1) year's continuous employment in the Public Service, an employee who gives the Employer at least twenty (20) days' notice, shall be granted marriage leave with pay but not more than five (5) days, for the purpose of getting married.

ARTICLE 33
LEAVE WITHOUT PAY FOR
THE CARE OF IMMEDIATE FAMILY

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

ARTICLE 34
BEREAVEMENT LEAVE WITH PAY

**
34.01 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 partner resident with the employee), child (including child of common-law partner), 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.

ARTICLE 38
VOLUNTEER LEAVE

38.01

**
(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, a single period of up to seven decimal five (7.5) hours 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;

ARTICLE 39
PERSONAL LEAVE

39.01

**
(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, a single period of up to seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.

PART V - PAY AND DURATION

ARTICLE 42
DURATION AND MODIFICATION

**
42.01 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, 2004.


**APPENDIX "A"

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

A) Effective July 1, 2003

AI-01

From:

$

38310

40485

42659

44835

47007

49185

51360

53537

55709

57887

To:

A

39268

41497

43725

45956

48182

50415

52644

54875

57102

59334

AI-02

From:

$

46613

48786

50959

53136

55310

57484

59660

61835

64012

66185

To:

A

47778

50006

52233

54464

56693

58921

61152

63381

65612

67840

AI-03

From:

$

56090

58268

60443

62621

64801

66979

69156

71333

73510

75684

To:

A

57492

59725

61954

64187

66421

68653

70885

73116

75348

77576

AI-04

From:

$

66443

68862

71283

73702

76123

78542

80961

83383

85801

To:

A

68104

70584

73065

75545

78026

80506

82985

85468

87946

AI-05

From:

$

68863

71283

73702

76122

78541

80960

83382

85800

88219

To:

A

70585

73065

75545

78025

80505

82984

85467

87945

90424

AI-06

From:

$

71906

74325

76744

79166

81586

84005

86425

88845

91264

To:

A

73704

76183

78663

81145

83626

86105

88586

91066

93546

AI-07

From:

$

76014

78433

80851

83272

85692

88111

90530

92949

95369

To:

A

77914

80394

82872

85354

87834

90314

92793

95273

97753

**

PAY NOTES

(a) The rates of pay set forth in Appendix "A" shall become effective on the date 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:

(i) "retroactive period" for the purpose of subparagraphs (ii) to (v) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefore;

(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of death, the estates of former employees who were employees in the group identified in Article 2 of this Agreement during the retroactive period;

(iii) for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is shown immediately below the rate of pay being received prior to the revision;

(iv) for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Regulations, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay shown immediately below the rate of pay being received prior to the revision;

(v) no payment or no notification shall be made pursuant to paragraph (b) for one dollar ($1.00) or less.

(c) 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.

 


Group: Air Traffic Control
(all employees)


Print Specifications Profile

Title: Agreement between the Treasury Board and The Canadian Air Traffic Control Association - Air Traffic Control
Size/Format: 8 1/2" x 11"
Number of Pages: 73 + Cover
Cover Stock: 50 LB., 100 M, Rockland Buff*
Inside Text: 20 LB., 40 M, Recycled White Bond #2
Recommended Binding: E/F Tumble Format. 2 Side Stitch (3 holes optional)

* Note: Colour is based on Canadian recycled Fusion and Rockland Cover stock. 20% post-consumer. Laser guaranteed and permanent. Distributed by Domtar and Rolland inc.

Contact:

Craig Kennedy
Client Services Section
Treasury Board of Canada Secretariat
Telephone: (613) 995-2678
Facsimile: (613) 995-6949

Email: kennedy.craig@fin.gc.ca

 

Date Modified: 2004-03-16
Government of Canada