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ARCHIVED - Aircraft Operations (AO) 401

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List of Changes to the Agreement between the Treasury Board and The Canadian Federal Pilots Association - Aircraft Operations

ARTICLE 2
INTERPRETATION AND DEFINITIONS

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 Labour Relations Board on January 18, 2001;

2.02

(a) if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,

and

(b) if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

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 Labour Relations Board on January 18, 2001, covering all of the employees of the Employer in the Aircraft Operations Group.

8.02 The Employer recognizes that it is a proper function and a right of the Union to bargain with a view to arriving at a collective agreement, and the Employer and the Union agree to bargain in good faith, in accordance with the provisions of the Public Service Labour Relations Act.

ARTICLE 16
LEAVE WITH OR WITHOUT PAY FOR UNION BUSINESS

16.01 Public Service Labour Relations Board Hearings

(1) Complaints made to the Public Service Labour Relations Board pursuant to Section 190(1) of the Public Service Labour Relations Act

Where operational requirements as determined by the Employer permit, in cases of complaints made to the Public Service Labour Relations Board pursuant to section 190(1) of the Public Service Labour Relations Act alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2), 187, 188(a) or 189(1) of the Public Service Labour Relations Act, 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 Labour 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 Labour 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.

16.02 Arbitration Board and Public Interest Commission Hearings

(1) Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to an employee representing the Union before an Arbitration Board or Public Interest Commission.

(2) Employee called as a Witness

The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board or Public Interest Commission and, where operational requirements as determined by the Employer permit, leave without pay to an employee called as a witness by the Union.

16.10 Determination of Leave Status

Where the status of leave requested cannot be determined until the Public Service Labour Relations Board or an adjudicator has given a decision, leave without pay will be granted pending final determination of the appropriate leave status.

ARTICLE 17
CHECK-OFF

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

ARTICLE 18
HOURS OF WORK

18.01

(a) The work week of employees shall be thirty-seven decimal five (37.5) hours consisting of five (5) consecutive days, Monday to Friday inclusive, and the normal scheduled hours of work each day shall be a continuous period of seven decimal five (7.5) hours between the hours of 0700 and 1800 exclusive of an unpaid meal break and shall be documented between every employee and their manager. Except as provided in paragraph (c) below, such hours shall not vary from day to day. Notwithstanding the above, for shipborne helicopter pilots, the provisions of Article 45 shall apply.

ARTICLE 19
OVERTIME

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 request of the employee and the discretion of the Employer.

(c) Notwithstanding 19.04(a) and (b), a maximum of seventy five (75) hours 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 31^st.

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 ten dollars and fifty cents ($10.50) 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.

ARTICLE 20
TRAVELLING TIME

20.01

(b)

(ii) the applicable overtime rate for additional travel time in excess of seven decimal five (7.5) hour period of work and travel, with a maximum payment for such additional travel time not to exceed 12 hours' pay at the straight-time hourly rate of pay.

(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 12 hours' at the straight-time hourly rate of pay.

(d) if an employee is required to travel outside Canada or Continental USA:

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

(A) his regular pay for the day for a combined period of travel and work not exceeding his regular scheduled working hours,

and

(B) at the applicable overtime rate for additional travel time in excess of seven decimal five (7.5) hour period of work and travel, with a maximum payment for such additional travel time not to exceed fifteen (15) hours pay at the straight-time hourly rate of pay,

(ii) on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours traveled to a maximum of fifteen (15) hours' pay at the straight-time hourly rate of pay.

20.04 Travel Status Leave

(a) An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted seven decimal five (7.5) hours of time off with pay. The employee shall be credited with an additional seven decimal five (7.5) hours of time off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) nights.

(b) The maximum number of days off earned under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as compensatory leave with pay.

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

ARTICLE 21
PAY ADMINISTRATION

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 three (3) 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.

ARTICLE 23
VACATION LEAVE

23.12 Notwithstanding clause 23.11, an employee whose employment is terminated for cause pursuant to Section 12(1)(e) 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.

23.15

(a) Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1^st) day of the month following the employee's second (2^nd) anniversary of continuous employment.

(b) Transitional Provisions

Effective on the date of signing of this agreement, employees with more than two (2) years of employment, shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay.

(c) The vacation leave credits provided in clauses 23.15(a) and (b) above shall be excluded from the application of paragraph 23.07 dealing with the Carry-over of Vacation Leave.

ARTICLE 24
SICK LEAVE

Credits

24.03 Unless otherwise informed by the Employer, a statement signed by the employee describing the nature of illness or injury and stating that because of this illness or injury the employee was unable to perform his or her duties shall, when delivered to the Employer, be considered as meeting the requirements of clause 24.02(a).

ARTICLE 25
OTHER LEAVE WITH OR WITHOUT PAY

25.02 Bereavement Leave With Pay

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

25.04 Personnel Selection Leave With Pay

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 Labour Relations Act, the employee is entitled to leave of absence 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 the employee's presence is so required. Remuneration in these circumstances shall be limited to regular salary.

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 eighteen (18) weeks after the termination date of pregnancy.

(b) Notwithstanding paragraph (a):

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

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

the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks.

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

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

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

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

(ii) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 24 Sick Leave. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 24 Sick Leave, shall include medical disability related to pregnancy.

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

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