Air Traffic Control (AI) 402 (Archived)

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

PART III - WORKING CONDITIONS

ARTICLE 17
OVERTIME

17.02 Overtime Compensation

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(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 (2^nd) and subsequent days of rest.

17.04

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(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.

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(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

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(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

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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

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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

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(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.

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(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

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(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

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(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

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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

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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

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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

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(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

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(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

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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

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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.