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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
Collective Agreement - Group: Aircraft Operations
(AO) - List of Changes
LIST OF CHANGES TO THE AGREEMENT
BETWEEN THE TREASURY BOARD AND THE
AIRCRAFT OPERATIONS GROUP ASSOCIATION -
AIRCRAFT OPERATIONS - AO GROUP
2.01
**
(b) "bargaining unit" means all the employees of the Employer in the Aircraft Operations Group, as described
in the certificate issued by the Public Service Staff Relations Board on the fourteenth (14th) day of
November 1984, and amended May 5, 1999;
**
(c) "Civil Aviation Inspector" means an employee in the Civil Aviation Inspectors Sub-Group of the Aircraft
Operations Group;
**
(j) "Engineering Test Pilot" means an employee in the Engineering Test Pilots Sub-Group of the Aircraft
Operations Group;
**
(m) "Helicopter Pilot" means an employee in the Helicopter Pilots and Supervisors Sub-Group of the Aircraft
Operations Group;
ARTICLE 8
RECOGNITION
**
8.01 The Employer recognizes the Union as the exclusive bargaining agent
for all employees described in the certificate issued by the Public Service Staff Relations Board on the
fourteenth (14th) day of November 1984, and amended May 5, 1999, covering all of the employees of the
Employer in the Aircraft Operations Group.
**ARTICLE 11
APPOINTMENT OF REPRESENTATIVES
11.01 The Employer acknowledges the right of the Union to appoint or
otherwise select employees as representatives.
11.02 The Union and the Employer shall endeavour in consultation to
determine the jurisdiction of each representative, having regard to the plan of organization, the number and
distribution of employees at the work place and the administrative structure implied by the grievance procedure. Where
the parties are unable to agree in consultation, then any dispute shall be resolved by the grievance/ adjudication
procedure.
11.03 The Union shall notify the Employer in writing of the name and
jurisdiction of its representatives identified pursuant to clause 11.02.
ARTICLE 13
ACCESS
**
13.02 Permission to hold such meeting shall in each case be obtained from
the Employer's designated staff relations representative and such meeting shall not interfere with the operations of
the department or section concerned.
ARTICLE 16
LEAVE WITH OR WITHOUT PAY FOR UNION BUSINESS
**
16.01 Public Service Staff Relations Board Hearings
(1) Complaints made to the Public Service Staff Relations Board pursuant to Section 20 of the
Public Service Staff Relations Act
Where operational requirements as determined by the Employer permit, the Employer will grant leave with pay:
(a) to an employee who makes a complaint on his or her own behalf before the Public Service Staff Relations
Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Union making a
complaint.
(2) Applications for Certification, Representations and Interventions with respect to Applications for
Certification
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay:
(a) to an employee who represents the Union in an application for certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a certification.
(3) Employee called as a Witness
The Employer will grant:
(a) leave with pay to an employee called as a witness by the Public Service Staff Relations Board,
and
(b) where operational requirements as determined by the Employer permit, leave without pay to an employee called as
a witness by an employee or the Union.
**
16.03 Adjudication
(1) Employee who is a Party
Where operational requirements as determined by the Employer permit, the Employer will grant leave with pay to an
employee who is a party to the adjudication.
(2) Employee who acts as Representative
Where operational requirements as determined by the Employer permit, the Employer will grant leave with pay to the
representative of an employee who is a party to the adjudication.
(3) Employee called as a Witness
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to a
witness called by an employee who is a party to the adjudication.
ARTICLE 18
HOURS OF WORK
**
18.03 Flight time and flight duty time limitations for employees will be
governed by the Department of Transport Operations Manual. Flight duty time will include Flight Time as defined in the
Canadian Aviation Regulations plus one and one-half (1 1/2) hours and will commence when the employee reports
to work.
**
18.06 Flight Duty Time performed by a Civil Aviation Inspector, while a
flight crew member, after completion of a normal working day, or wholly on a day of rest or a designated holiday, will
include flight time, as defined in Canadian Aviation Regulations, plus one (1) hour pre-flight duties and
one-half (1/2) hour post-flight duties.
**
19.01 When an employee is required to work overtime on a scheduled work
day, the employee shall be compensated on the basis of:
(a) time and one-half (1 1/2) for each hour worked in excess of thirty-seven and one-half (37 1/2) hours in any one
work week;
and
(b) double-time (2) for all hours worked in excess of seven and one-half (7 1/2) hours of overtime worked at
time and one-half (1 1/2) within any contiguous period.
**
19.02 When an employee has been required by the Employer to work overtime
on his or her normal day of rest, the employee shall be compensated on the basis of:
(a) time and one-half for each hour worked;
and
(b) double-time (2) for all hours worked thereafter within any contiguous period;
(c) except, when the employee is required by the Employer to work on two (2) or more consecutive and contiguous days
of rest, the employee shall be compensated on the basis of double (2) time for each hour worked on the second and each
subsequent day of rest.
Second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive and
contiguous calendar days of rest.
**
19.04
(a) All overtime, premium pay or allowances earned under Article 19-Overtime, Article 20-Travelling
Time, Article 22-Designated Paid Holidays, Article 43-Callback, Article 45-Shipboard and Special Assignment Allowance,
and Article 44 -Standby, with the exception of the one-hour of compensation under Article 44(b), shall accumulate as
compensatory leave at the sub-group and level at which it is earned. Such accumulated compensatory leave shall be held
in reserve to be scheduled in leave and/or paid in cash at the direction of the Employer, or at the request of the
employee and the discretion of the Employer.
(b) Employees shall be paid for each hour of earned but unused compensatory leave remaining to their credit on
March 31st. Such payment is in lieu of compensatory leave remaining on that date and shall be paid at the
rate of the employee's hourly rate of pay on that date.
(c) Notwithstanding 19.04(a) and (b), a maximum of ten (10) days earned but unused compensatory leave may be carried
over, at the direction of the Employer, or at the request of an employee and the discretion of the Employer, beyond
March 31st.
**
19.05 An employee who works three (3) or more hours of overtime
immediately before or following his or her scheduled hours of work shall be reimbursed his or her expenses for one meal
in the amount of seven dollars and fifty cents ($7.50) except when the meal has been provided free to the employee.
Reasonable time with pay, to be determined by management, shall be allowed the employee in order that he or she may
take a meal break either at or adjacent to his or her place of work.
20.01
(b)
**
(ii) the applicable overtime rate for additional travel time in excess of seven and one-half (7 1/2) hour period of
work and travel, 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 the applicable overtime rate.
**
20.02 Should a period of work and travel continue into the next day, the
employee will continue to receive payment at the applicable rate(s) of pay that would apply if a new day had not
commenced.
**
20.03 This Article does not apply to an employee who is required to
operate or travel in any type of transport in the performance of duties. In such circumstances the employee shall be
paid in accordance with the relevant provisions of Articles 18, 19, 22 and 45 of this Agreement.
**
21.04 When an employee is required by the Employer to substantially
perform the duties of a higher classification level on an acting basis for a period of at least four (4) consecutive
working days, the employee shall be paid acting pay calculated from the date on which the employee commenced to act as
if the employee had been appointed to that higher classification level for the period in which the employee acts.
**
21.05 If the Employer establishes and implements a new classification
standard which covers this group during the term of this Agreement, the Employer shall, prior to applying rates of pay
to the new levels resulting from the application of the standard, negotiate with the union the rates of pay and the
rules affecting the pay of employees on their movement to the new levels.
ARTICLE 22
DESIGNATED PAID HOLIDAYS
**
Compensation for Work on a Holiday
22.05 Where a Civil Aviation Inspector or an Engineering Test Pilot or a
shore-based Helicopter Pilot works on a Holiday, he or she shall be paid, in addition to the pay that he or she would
have been granted had he or she not worked on a holiday, compensation for all hours worked by him or her on the Holiday
at one and one-half (1 1/2) times the rate of his or her hourly remuneration,
or
when a Civil Aviation Inspector or a Engineering Test Pilot or a shore-based Helicopter Pilot works on a Holiday,
which is not his or her scheduled day of work, but which is consecutive and contiguous to a day of rest on which he or
she also worked and received overtime he or she shall be paid in addition to the pay that he or she would have been
granted had he or she not worked on the holiday, two (2) times his or her hourly rate of pay for all time worked.
Accumulation of Vacation Leave Credits
**
23.02 An employee shall earn vacation leave credits at the following rate
for each calendar month during which the employee receives pay for at least ten (10) days:
(a) one and one-quarter (1 1/4) days until the month in which the anniversary of the employee's
eighth (8th) year of continuous employment occurs;
(b) one and two-thirds (1 2/3) days commencing with the month in which the employee's
eighth (8th) anniversary of continuous employment occurs;
(c) two and one-twelfth (2 1/12) days commencing with the month in which the employee's
eighteenth (18th) anniversary of continuous employment occurs;
(d) two and one-half (2 1/2) days per month commencing with the month in which the employee's
twenty-ninth (29th) anniversary of continuous employment occurs;
**
23.06 Where, in respect of any period of vacation leave, an employee:
(a) is granted bereavement leave,
or
(b) is granted leave with pay because of illness in the immediate family,
or
(c) is granted sick leave on production of a medical certificate, which includes the name, address and phone number
of the attending physician, and provided that the employee satisfies the Employer of this condition if deemed necessary
by the Employer,
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.
**
23.07 Carry-Over of Vacation Leave
(a) Where in any vacation year all of the vacation leave credited to an employee has not been
scheduled, the employee may carry over into the following vacation year up to a maximum of twenty-five (25) days
credits. All vacation leave credits in excess of twenty-five (25) days will be paid in cash at the employee's daily
rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of the
employee's substantive position on the last day of the vacation year.
(b) 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 daily rate of pay as
calculated from the classification prescribed in the employee's certificate of appointment of the employee's
substantive position on March 31st, of the previous vacation year.
**
23.12 Notwithstanding clause 23.11, 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 entitled to receive the payment referred to in clause 23.11 if the employee requests it
within six (6) months following the date upon which employment is terminated.
**
23.13 Advance Payments
(a) The Employer agrees to issue advance payments of estimated net salary or vacation periods of
two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at
least six (6) weeks prior to the last day before the employee's vacation period commences.
(b) When an employee takes one (1) or more complete weeks of compensatory leave in conjunction with the vacation
leave under clause (a), the Employer agrees to issue advance payments of estimated net salary for the complete weeks in
the combined period of compensatory and vacation leave, provided a written request for such advance payment is received
from the employee at least six (6) weeks prior to the last day before the employee's period of leave commences. The
provisions of clause (a) will apply to the complete weeks in the combined period of vacation and compensatory
leave.
(c) Providing the employee has been authorized to proceed on the leave under clause (a) or (b), pay in advance of
going on such leave shall be made prior to departure. Any overpayment in respect of such pay advances shall be an
immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further
payment of salary.
Bereavement Leave With Pay
25.02
**
(a) When a member of the employee's immediate family dies, an employee shall be entitled to a bereavement period of
four (4) 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.
**
25.07 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's newborn child is hospitalized within the period defined in sub-clause (a),
and
(ii) where the employee has proceeded on maternity leave without pay and then, upon request and with the concurrence
of the Employer, 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 returned to work, 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) At its discretion, 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 With Pay Article. For purposes of this Article, illness or injury as defined 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.
(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.
**
25.08 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), 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 Employment Insurance (EI)
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 with the Employer's consent,
(B) within eighteen (18) months following her return from maternity leave without pay, she will work an amount of
hours paid at straight time calculated by multiplying the number of hours in the work week on which her maternity
allowance was calculated by twenty-six (26),
(C) should the employee fail to return to work as per the provisions of sub-clauses (A) and (B) for reasons other
then death or 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 sub-clause (B), or having become
disabled as defined in the Public Service Superannuation Act, the employee recognizes that she is indebted to
the Employer for the amount received as a maternity allowance, proportionate to the amount of hours not worked in
relation to the hours to be worked as specified in sub-clause (B) above.
(b) For the purpose of sub-clause (a)(iii)(B), periods of leave with pay shall count as time worked.
(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 EI maternity 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 EI 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.
(d) 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 EI Act.
(e) The weekly rate of pay referred to in sub-clause (c) shall be:
(i) for a full-time employee, her 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 her straight time earnings by the straight time earnings she
would have earned working full time during such period.
(f) The weekly rate of pay referred to in sub-clause (e) shall be the rate to which the employee is entitled for her
substantive level to which she is appointed.
(g) Notwithstanding sub-clause (f), and subject to sub-clause (e)(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.
(h) 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.
(i) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred
remuneration or severance pay.
**
25.09 Special Maternity Allowance for Totally-Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in sub-clause 25.08(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 the Government Employees Compensation Act
prevents her from receiving EI maternity benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in sub-clause 25.08(a), other than
those specified in sections (A) and (B) of sub-clause 25.08(a)(iii),
shall be paid, in respect of each week of maternity allowance not received for the reason described in
sub-clause (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 25.08 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
EI Act had she not been disqualified from EI maternity benefits for the reasons described in
sub-clause (a)(i).
**
25.10 Parental Leave Without Pay
(a) An employee who becomes a parent through the birth of a child or the adoption of a child below
the age of majority shall, upon request, be granted parental leave without pay for a single period of up to
twenty-six (26) consecutive weeks beginning on or after the date of the child's birth or the date of acceptance of
custody of the child for adoption.
(b) The period of parental leave without pay shall end:
(i) where the period of maternity leave without pay as described in sub-clause 25.07(a) is followed by a period of
parental leave without pay taken by the employee, or in the case of a Public Service couple, by the employee's spouse,
no later than fifty-two (52) weeks after the child is born;
(ii) where the period of maternity leave without pay is extended as described in sub-clause 25.07(b) is followed by
a period of parental leave without pay taken by the employee, or in the case of a Public Service couple, by the
employee's spouse, no later than fifty-two (52) weeks after the day the child is born;
and
(iii) in all other cases, no later than fifty-two (52) weeks after the day the child is born or the acceptance of
custody of the child for adoption.
(c) 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 child or as soon as the application for adoption has been approved
by the adoption agency.
(d) The Employer may require an employee to submit a birth certificate or proof of adoption for the child.
(e) Parental leave without pay taken by a Public Service couple shall not exceed a total of twenty-six (26) weeks
for both employees combined.
(f) 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.
**
25.11 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-clause (c), 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 Employment Insurance (EI)
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 he or she:
(A) will return to work on the expiry date of his or her parental leave without pay, unless the return to work date
is modified with the Employer's consent,
(B) within eighteen (18) months of the employee's return from parental leave without pay, he or she will work an
amount of hours paid at straight time calculated by multiplying the number of hours in the work week on which the
parental allowance was calculated by twenty-six (26),
(C) should the employee fail to return to work as per the provisions of sub-clauses A and B for reasons other than
death or 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 sub-clause B, or having become disabled
as defined in the Public Service Superannuation Act, the employee recognizes that he or she is indebted to the
Employer for the amount received as a parental allowance, proportionate to the amount of hours not worked in relation
to the hours to be worked as specified in sub-clause B above.
(b) For the purpose of section (iii)(B), periods of leave with pay shall count as time worked.
(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 EI parental benefits,
ninety-three per cent (93%) of the employee's weekly rate of pay for each week of the waiting period, less any other
monies earned during this period;
(ii) other than as provided in sub-clause (iii) below, for each week in respect of which the employee receives EI
parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross
amount of the EI parental benefits he or she is initially eligible to receive and ninety-three per cent (93%) of the
employee's weekly rate of pay less any other monies earned during this period;
(iii) where the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the
EI Act, the parental allowance payable under the SUB Plan described in sub-clause (ii) will be extended by the
number of weeks of extended benefits which the employee receives under that sub-clause.
(d) 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 El Act.
(e) 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-clause (i) by the fraction obtained by dividing the employee's straight time
earnings by the straight time earnings he or she would have earned working full time during such period.
(f) The weekly rate of pay referred to in sub-clause (e) shall be the rate to which the employee is entitled for the
substantive level to which he or she is appointed.
(g) Notwithstanding sub-clause (f), and subject to sub-clause (e)(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 he or she was being paid on that day.
(h) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance,
the allowance shall be adjusted accordingly.
(i) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred
remuneration or severance pay.
**
25.12 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in sub-clause 25.11(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 him or her from receiving EI parental benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in sub-clause 25.11(a), other than
those specified in sections (A) and (B) of sub-clause 25.11(a)(iii),
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason
described in sub-clause (i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the
gross amount of the employee's 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 25.11 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 EI Act, had the employee not been disqualified from EI parental benefits for the reasons
described in sub-clause (a)(i).
**
25.13 Transitional Provisions
(a) If, on December 6, 1999, 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 in
this Article. Any application must be received before the termination date of the leave period originally
requested.
(b) If, on December 6, 1999, an employee is absent on maternity leave without pay and more than seventeen (17) weeks
have elapsed since the termination date of her pregnancy, she may request parental leave as of the date of signing and
her return to work date will be extended subject to the provisions of the Parental Leave Without Pay Article. Time
already spent on maternity leave after seventeen (17) weeks following the termination of pregnancy shall be deducted
from the period of parental leave specified in sub-clause 25.10(a) unless it is for reasons related to the
hospitalization of the newborn child, as specified in sub-clause 25.07(b).
(c) If, on December 6, 1999, any employee is currently on paternity or adoption 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 in this Article. Any application must be received before the termination date of the leave period
originally requested.
25.17 Leave With Pay for Family-Related Responsibilities
(b)
**
(ii) leave with pay 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 care arrangements where the illness is of a longer duration;
**
(iv) five (5) days' marriage leave for the purpose of getting married provided that the employee gives the Employer
at least five (5) days' notice.
ARTICLE 27
LEAVE - GENERAL
**
27.03 An employee is entitled, once in each quarter, to be informed, upon
request, of the balance of his or her leave credits.
ARTICLE 28
SEVERANCE PAY
**
Resignation
28.04 Provided an employee gives not less than one (1) month's notice of
his or her intention to resign or such shorter period as the Employer may agree, an employee who has ten (10) or more
years of continuous employment is, subject to clause 28.05, entitled to be paid on resignation from the Public Service
severance pay equal to the amount obtained by multiplying half (1/2) of the employee's weekly rate of pay on
resignation by the number of completed years of the employee's continuous employment to a maximum of twenty-six (26),
less any period in respect of which the employee was granted severance pay, retiring leave or a cash gratuity in lieu
of retiring leave by the Employer.
**ARTICLE 30
SAFETY AND HEALTH
30.01 The Employer shall continue to ensure that reasonable provisions are
made for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the
Union and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures
and techniques designed or intended to prevent or reduce the risk of employment injury.
ARTICLE 35
GRIEVANCE PROCEDURE
**
35.01 In cases of alleged misinterpretation or misapplication arising out
of agreements concluded by the National Joint Council 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
Section 14 of the NJC By-Laws.
**
35.05 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 an action or lack of action by the Employer in matters other than those arising from the classification
process is entitled to present a grievance in the manner prescribed in clause 35.03, except that:
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the
employee's specific complaint such procedure must be followed,
and
(b) where the grievance relates to the interpretation or application of this Collective Agreement or an arbitral
award, the employee is not entitled to present the grievance unless the employee has the approval of and is represented
by the Union.
**
35.18 Where the Employer demotes or terminates an employee for cause
pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, the grievance procedure set forth in
this Agreement shall apply except that:
(a) the grievance may be presented at the final step only,
and
(b) the thirty (30)-day time limit within which the Employer is to reply at the final step may be extended to a
maximum of forty (40) days by mutual agreement of the Employer and the appropriate representative of the Union.
**
National Consultation
36.03
(a) To facilitate discussions on matters of mutual interest outside the terms of the Collective
Agreement including training and career development, the Employer will recognize an Aircraft Operations Group Committee
of the Union for the purpose of consulting with management. Representation at such meetings will normally be limited to
five (5) representatives from each party, or as mutually agreed. It is agreed that the first of such meetings will be
held within three (3) months of the date of the signing of this Agreement, and thereafter as determined by mutual
agreement.
(b) Consultation may take place for the purpose of providing information, discussing the application of policy or
airing problems to promote understanding, but it is expressly understood that no commitment may be made by either party
on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to
alter, amend, add to or modify the terms of this Agreement.
ARTICLE 43
CALL-BACK
**
43.02 An employee who receives a call to duty or responds to a telephone
or data line call on a designated holiday or a day of rest or after he or she has completed his or her work for the
day, may, at the discretion of the Employer, work at the employee's residence or at another place to which the Employer
agrees. In such instances, the employee shall be paid the greater of:
(a) compensation at the applicable overtime rate for any time worked,
or
(b) compensation equivalent to one (1) hour's pay at the straight-time rate, which shall apply only the first time
an employee performs work during an eight-hour period, starting when the employee first commences the work.
44.01
**
(a) An employee will be considered to be on standby when the Employer requires that employee to be available at a
known telecommunications link number and able to perform authorized work during off-duty hours for his or her
designated period of standby duty.
**
(b) An employee on standby shall be compensated at the rate of one (1) hour for each eight (8) consecutive hours or
portion thereof that the employee has been designated as being on standby duty.
**
(c) The compensation referred to in (b) shall be made in cash. However, at the request of the employee and the
discretion of the Employer, the compensation may be in the form of compensatory leave.
**
(d) No compensation shall be made for the total period of standby duty if the employee is unable to report for duty
when required.
**
(e) An employee on standby who receives a call to duty and who performs authorized work shall be credited with
compensatory leave in accordance with Article 43 and shall continue to receive compensation under this clause for the
balance of the period of standby duty in which he or she is called to duty.
45.01 A Helicopter Pilot shall receive a weekly allowance of
thirty (30) hours at time and one-half (1 1/2) for each period of seven (7) days in which he or she is required to
undertake shipboard or special assignment duties, and periods of less than seven (7) days on shipboard or special
assignment duties will be pro-rated, provided that:
(a) such allowance shall not apply to Helicopter Pilots receiving Isolated Post Allowance or any other special
allowance for hardship and isolation,
and
(b) such allowance is in lieu of daily or weekly overtime, call-back, standby and all premium pay for work on days
of rest and designated holidays,
(c) the Special Assignment Allowance for helicopter operations applies to operations north of
fifty-five (55o) degrees latitude north,
(d) subject to operational requirements, as determined by the Employer, compensation earned under clause 45.01 may,
at the request of the Employer or the employee, and with reasonable notice, be granted in leave at time mutually
convenient,
(e) when a Helicopter Pilot on shipboard or special assignment works on a designated paid holiday he or she shall be
credited with one day of leave with pay in lieu of the holiday.
46.01
(a) Subject to clause (b) of this Article, Civil Aviation Inspectors shall be paid an Extra Duty
Allowance of $6,300 annualized.
(b) The requirements for eligibility to receive Extra Duty Allowance and the timing of payments shall be the same as
those contained in "Transport Canada Professional Currency Programs for Civil Aviation Inspectors" and the "TSB Policy
on CAI Professional Aviation Currency" and may be changed after consultation with the Union.
(c) Extra Duty Allowance shall form part of pay for purposes of the Public Service Superannuation Act (PSSA),
Disability Insurance Act (DI) and the Public Service Management Insurance Plan (PSMIP).
48.01 The Employer shall provide legal advice and
assistance to an employee who is required to appear at a coroner's inquest or judicial/magisterial inquiry, or who is a
party to or is required to attend as a witness at a civil or criminal legal action, arising out of the performance of
the employee's duties.
48.02 If the employee so desires, he or she may select legal counsel of
his or her choice, and the legal fees for such representation shall be borne by the employee. Where, in the opinion of
the Employer, a conflict of interest may exist, the Employer shall pay the legal fees for such representation, in
accordance with the schedule of fees established for agents of the Department of Justice.
**
49.01 The duration of this Collective Agreement shall be from the date it
is signed to January 25, 2001.
AO - AIRCRAFT OPERATIONS GROUP
ANNUAL RATES OF PAY
(in dollars)
A) Effective October 26, 1998
B) Effective October 26, 1999
C) Effective October 26, 1999
| CIVIL AVIATION INSPECTORS SUB-GROUP (CAI) |
| CAI-1 |
| From: |
$ |
50467
|
51907
|
53385
|
54906
|
56472
|
|
|
|
| To: |
A |
51729
|
53205
|
54720
|
56279
|
57884
|
|
|
|
|
B |
51729
|
53205
|
54720
|
56279
|
57884
|
59534
|
|
|
|
C |
|
54269
|
55814
|
57405
|
59042
|
60725
|
|
|
| CAI-2 |
| From: |
$ |
52683
|
54184
|
55728
|
57315
|
58948
|
60631
|
|
|
| To: |
A |
54000
|
55539
|
57121
|
58748
|
60422
|
62147
|
|
|
|
B |
54000
|
55539
|
57121
|
58748
|
60422
|
62147
|
63918
|
|
|
C |
|
56650
|
58263
|
59923
|
61630
|
63390
|
65196
|
|
| CAI-3 |
| From: |
$ |
57986
|
59638
|
61338
|
63085
|
64884
|
66734
|
|
|
| To: |
A |
59436
|
61129
|
62871
|
64662
|
66506
|
68402
|
|
|
|
B |
59436
|
61129
|
62871
|
64662
|
66506
|
68402
|
70351
|
|
|
C |
|
62352
|
64128
|
65955
|
67836
|
69770
|
71758
|
|
| CAI-4 |
| From: |
$ |
61698
|
63455
|
65263
|
67124
|
69036
|
71003
|
|
|
| To: |
A |
63240
|
65041
|
66895
|
68802
|
70762
|
72778
|
|
|
|
B |
63240
|
65041
|
66895
|
68802
|
70762
|
72778
|
74852
|
76985
|
|
C |
|
66342
|
68233
|
70178
|
72177
|
74234
|
76349
|
78525
|
| CAI-5 |
| From: |
$ |
66631
|
68531
|
70484
|
72492
|
74560
|
76685
|
|
|
| To: |
A |
68297
|
70244
|
72246
|
74304
|
76424
|
78602
|
|
|
|
B |
68297
|
70244
|
72246
|
74304
|
76424
|
78602
|
80842
|
83146
|
|
C |
|
71649
|
73691
|
75790
|
77952
|
80174
|
82459
|
84809
|
| ENGINEERING TEST PILOTS SUB-GROUP (ETP) |
| ETP-1 |
| From: |
$ |
72189
|
74300
|
76425
|
78602
|
80843
|
83133
|
|
|
| To: |
A |
73994
|
76158
|
78336
|
80567
|
82864
|
85211
|
|
|
|
B |
73994
|
76158
|
78336
|
80567
|
82864
|
85211
|
87640
|
|
|
C |
|
77681
|
79903
|
82178
|
84521
|
86915
|
89393
|
|
| HELICOPTER PILOT AND SUPERVISORS SUB-GROUP (HPS) |
| HPS-1 |
| From: |
$ |
55548
|
57213
|
58882
|
60254
|
62016
|
|
|
|
| To: |
A |
56937
|
58643
|
60354
|
61760
|
63566
|
|
|
|
|
B |
56937
|
58643
|
60354
|
61760
|
63566
|
65372
|
|
|
|
C |
|
59816
|
61561
|
62995
|
64837
|
66679
|
|
|
| HPS-2 |
| From: |
$ |
58290
|
59936
|
61578
|
63221
|
65099
|
|
|
|
| To: |
A |
59747
|
61434
|
63117
|
64802
|
66726
|
|
|
|
|
B |
59747
|
61434
|
63117
|
64802
|
66726
|
68650
|
|
|
|
C |
|
62663
|
64379
|
66098
|
68061
|
70023
|
|
|
**
PAY NOTES
1. Except as provided in Pay Note 2, an employee who is paid in the present scale of rates shall, on the relevant
effective date, be paid at the rate immediately below that rate in the scale of rates.
2. Effective October 26th, 1999, prior to any other pay revision which occurs on that date, an employee
shall be paid in the "B" line at the rate of pay which is immediately higher than the employee's rate of pay as of
October 25th, 1999.
3. Employees at levels CAI-4 and CAI-5 who have been at the maximum rate of pay for their level for more than
twelve (12) months on October 26, 1999, will move to the new maximum rate of pay effective October 26, 1999.
4. Where an employee is performing acting duties on October 26, 1999, and is paid acting pay pursuant to
clause 21.04, the employee's acting rate of pay will be adjusted effective October 26, 1999, in accordance with
Pay Note 2. Upon termination of the acting assignment, the employee's substantive rate of pay will then be adjusted in
accordance with Pay Note 2.
5. Notwithstanding Pay Note 1, an employee who was appointed from outside the Public Service above the minimum rate
during a period when a pay increase becomes retroactive and who was notified in writing prior to his or her appointment
that a negotiated retroactive pay increase would not apply to him or her, shall, effective the date of his or her
appointment, have his or her rate of pay on appointment altered to the rate in the new scale of rates for his or her
classification level which is nearest to but not less than the rate at which he or she was appointed. Changes in the
employee's rate of pay which took place during the retroactive period will be recalculated based on that new rate.
6. The pay increment period for employees in these scales of rates is one (1) year and a pay increment shall be the
next rate in the scale of rates.
7. Subject to Pay Note 8, the pay increment date for an employee appointed to a position in the bargaining unit on
promotion, demotion or from outside the Public Service after February 22, 1982, shall be the anniversary date of such
appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to
February 22, 1982 remains unchanged.
8. Part-time employees shall be eligible to receive a pay increment when the employee has worked a total of
nineteen hundred and fifty (1950) hours at the hourly rate of pay during a period of employment provided that the
maximum rate for the employee's level is not exceeded. The pay increment date shall be the first working day following
completion of the hours specified in this paragraph.
**LETTER OF AGREEMENT (99-3)
This is to confirm an understanding reached during the current negotiations in respect of the provision of a
retention bonus.
A one-time lump sum payment of $750 shall be paid to all employees in the bargaining unit on October 1, 1999.
Display full size graphic
**LETTER OF AGREEMENT (99-4)
Re: Aircraft Operations Group
Recruitment and Retention Allowance
Preamble
In an effort to resolve recruitment and/or retention problems, the Employer will provide an allowance for the
performance of duties to incumbents of positions in the Aircraft Operations bargaining unit.
Eligibility
Employees in Group A and Group B, as defined below, who are incumbents of positions (either on a substantive basis
or acting appointment basis) in the Aircraft Operations bargaining unit shall be entitled to a Recruitment and
Retention Allowance as shown below:
(a) Group A, which comprises:
(i) Employees in the Engineering Test Pilot Subgroup
(ii) Employees in the Civil Aviation Inspector Subgroup who are incumbents of CAI positions in:
Commercial and Business Aviation at Transport Canada
Maintenance and Manufacturing at Transport Canada
The Transportation Safety Board, employed as Senior Investigators, Team Leaders and Managers
(b) Group B, which comprises all other employees in the Aircraft Operations Group who are incumbents of positions in
the bargaining unit.
Application
1.
(a) Commencing October 26, 1999 and ending January 25, 2001, incumbents of positions identified above shall be
eligible to receive a Recruitment and Retention Allowance in the following amounts:
Group A: an annualized amount of $4,200 to be paid biweekly
Group B: an annualized amount of $1,800 to be paid biweekly
(b) The Allowance specified above does not form part of an employee's salary.
(c) An employee shall be paid the Allowance for each calendar month for which the employee receives at least
ten (10) days' pay as an incumbent of a position in the AO bargaining unit.
(d) When an employee is required by the Employer to perform the duties of another position within the AO bargaining
unit in accordance with clause 21.04, and where the amount of the Allowance differs between the two positions, the
Allowance payable shall be proportionate to the time at each position.
(e) The Allowance shall not be paid to or in respect of a person who ceased to be a member of the bargaining unit
prior to the date of signing of this Agreement.
2. Part-time employees shall be entitled to the Allowance on a pro rata basis.
3. The parties agree that disputes arising from the application of this Memorandum of Understanding may be subject
to consultation.
4. This Memorandum of Understanding expires on January 25, 2001.
Display full size graphic
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