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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
LIST OF CHANGES TO THE COLLECTIVE AGREEMENT
BETWEEN
THE TREASURY BOARD AND THE CANADIAN AIR TRAFFIC
CONTROL ASSOCIATION - AIR TRAFFIC CONTROL
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.
**
"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).
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.
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.
**
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.
**
7.03 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.
ARTICLE 9
GRIEVANCE PROCEDURE
**
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.
**
9.12 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.
**
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).
**
11.08 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.
**
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.
**
13.05 Meetings with the Association Committee shall take place at least
once per calendar year, and by mutual consent, more frequently.
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.
**
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.
**
16.05 Where operational requirements permit, the Employer will provide
employees with meal and relief breaks.
**
17.01 Time worked by an employee in excess of his or her scheduled hours
of work shall be considered as overtime.
**
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
nine ($9.00) 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 seven dollars ($7.00),
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.
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' pay at his or her straight-time hourly rate.
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 time an employee reports for work during a one-hour period, starting with the employee's first reporting.
20.01
**
(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.
**
20.02 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 by the Public Service, a Federal
Crown Corporation, the Canadian Forces, or the Royal Canadian Mounted Police. Under no circumstances shall the maximum
severance pay provided under clause 20.01 be pyramided.
22.01 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.
23.02
**
(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.
23.03
**
(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.
**
(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.
24.01 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.
**
25.01 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 per fiscal year 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 eighty-seven point five (187.5) hours per fiscal year if the employee has completed
eighteen (18) years of continuous employment;
(d) two hundred and twenty-five (225) hours per fiscal year if the employee has completed twenty-nine (29) years of
continuous employment.
25.04
**
(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 25 that it is both appropriate and
desirable that each employee utilize his or her full vacation entitlement during the vacation year in which such
vacation entitlement is earned. However, an employee may elect to carry forward into the next vacation year unused
vacation up to a maximum of ten (10) working days subject to the following conditions:
(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) that in cases where vacation credits from the previous vacation year have not been fully utilized by the end of
the next vacation year any outstanding carry-over vacation credits will be paid off at the employee's straight-time
rate of pay in effect at that time.
**
25.05 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.
**
25.08 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 25.07, unless the employee requests it within six (6) months
following the date upon which the employee's employment is terminated.
**
26.07 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.
27.01 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'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.
27.02 Maternity Allowance
(a) An employee who has been granted maternity leave without pay shall be paid a maternity allowance
in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in sub-clause (c), 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) she will be indebted to the Employer for the full amount of the maternity allowance she has
received, if she fails to return to work as agreed to under Sections (A) and (B) unless her employment is terminated by
reason of death, lay-off, or having become disabled as defined in the Public Service Superannuation
Act.
(b) For the purpose of Section (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 which may result
in a decrease in EI benefits to which she would have been eligible if no extra monies had been 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-subclause (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-subclause (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.
27.03 Special Maternity Allowance for Totally-Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in sub-subclause 27.02(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 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 27.02(a), other than
those specified in Sections (A) and (B) of sub-subclause 27.02(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.
(b) An employee shall be paid an allowance under this clause and under clause 27.02 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
EI Act had she not been disqualified from EI maternity benefits for the reasons described in
sub-subclause (a)(i).
28.01 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-four (24) 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) no later than forty-one (41) weeks after the child is born or, in the case of adoption, no later
than twenty-four (24) weeks after the date of acceptance of custody of the child for adoption;
(ii) no later than fifty-two (52) weeks after the day the child is born, where the period of
maternity leave without pay is extended in accordance with sub-clause 27.01(b) and is followed by a period of parental
leave without pay taken by the employee or by the employee's spouse.
(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-four (24) 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.
28.02 Parental Allowance
(a) An employee who has been granted parental leave without pay, shall be paid a parental allowance
in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in sub-clauses (c) to (i),
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 ten (10) 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 fifteen (15),
(C) he or she will be indebted to the Employer for the full amount of parental allowance received, if
he or she fails to return to work as agreed to under Sections (A) and (B) for reasons other than death, lay-off, or
having become disabled as defined in the Public Service Superannuation Act.
(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-subclause (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 which may result in a decrease in EI
benefits to which the employee would have been eligible if no extra monies had been 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-subclause (ii) will be extended by
the number of weeks of extended benefits which the employee receives under that sub-subclause.
(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 EI 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-subclause (i) by the fraction obtained by dividing the employee'sstraight
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-subclause (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.
28.03 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in sub-subclause 28.02(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 himor herfrom receiving EI parental benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in sub-clause 28.02(a), other than
those specified in Sections (A) and (B) of sub-subclause 28.02(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 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 28.02 for a combined period of no more
than the number of weeks during which the employeewould 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-subclause (a)(i).
29.01
(a) For the purpose of this clause, family is defined as spouse (or common-law spouse resident with
the employee), dependent children (including children of legal or common-law spouse), parents (including step-parents
or foster parents), or any relative permanently residing in the employee's household or with whom the employee
permanently resides.
(b) The Employer shall grant leave with pay under the following circumstances:
(i) up to one-half (1/2) day for a medical or dental appointment when the dependent 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
dependent 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) leave with pay to provide for the temporary care of a sick member of the employee's family;
(iii) one (1) 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-subclauses (b)(i), (ii) and (iii) shall not exceed
five (5) days in a fiscal year.
34.01 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.
35.01 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.
35.02 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.
35.03 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.
35.04 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.
35.05 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 35.05(a) above. Article 17, Overtime, and
Article 23, 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.
35.06 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.
36.01 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.
36.02 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.
36.03 At its discretion, the Employer may grant leave without pay for
purposes other than those specified in this Agreement.
37.01 Except as provided in this Article, the terms and conditions
governing the application of pay to employees are not affected by this Agreement.
37.02 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.
37.03
(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.
37.04 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.
37.05 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.
37.06 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.
38.01 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, 2000.
38.02 This Agreement may be amended by mutual consent.
39.01 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
|
|
Operating Employees
|
|
|
Degree A or B
|
5%
|
|
Non-Operating Employees
|
|
|
Degree A
|
2%
|
|
Degree B
|
4%
|
|
Degree C
|
5%
|
|
Degree D
|
6%
|
39.02 The Supervisory Differential for Operating Employees will cease to
have effect when the last employee who was participating in the Reassignment and Retraining Program on January 1, 1998,
ceases to participate or his/her employment is terminated in accordance with the terms of the Program.
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
**
(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.
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.
Display full size graphic
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.
Display full size graphic
|
