ARCHIVED - Aircraft Operations (AO) 401 - Archived
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17.01 The Employer will, as a condition of employment,
deduct the equivalent of the amount of membership dues from the monthly pay of all
employees in the bargaining unit.
17.02 The Union shall inform the Employer in
writing of the authorized monthly deduction to be checked off for each employee
defined in clause 17.01.
17.03 For the purpose of applying clause 17.01,
deductions from pay for each employee in respect of each month will start with the
first full month of employment or membership to the extent that earnings are available.
Where an employee does not have sufficient earnings in respect of any one month
to permit deductions, the Employer shall not be obliged to make such deductions
from subsequent salary.
17.04 An employee who satisfies the Employer
to the extent that the employee declares in an affidavit that he or she is a member
of a religious organization whose doctrine prevents him or her as a matter of conscience
from making financial contributions to an employee organization and that the employee
will make contributions to a charitable organization equal to dues shall not be
subject to this article.
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.
17.06 The amounts deducted in accordance with
clause 17.01 shall be remitted to the Union by cheque within a reasonable period
of time after deductions are made and shall be accompanied by particulars identifying
each employee and the deductions made on each employee's behalf.
17.07 The Employer agrees to continue the past
practice of making deductions for other purposes on the basis of the production
of appropriate documentation.
17.08 The Union agrees to indemnify and save
the Employer harmless against any claim or liability arising out of the application
of this article.
18.01
-
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.
-
At the request of the employee, the Employer may vary the daily hours of work to
make provision for a compressed work week.
-
The Employer may change an employee's normal scheduled hours of work within 0700
hours and 1800 hours and where less than twelve (12) working days notice is given
such changes shall only be made by mutual agreement between the employee and the
Employer.
-
The Employer will endeavour to give at least two (2) weeks notice to helicopter
pilots assigned to shipboard operations of sailing dates and times and anticipated
crew change dates, and as much notice as possible of any revisions to such dates
and times.
18.02
-
Flight time and flight duty time limitations for employees will be governed by the
Department of Transport Operations Manual when operating (at the controls of) Department
of Transport aircraft. When operating other than Department of Transport aircraft,
flight time and duty time limitations will be governed by the policies and provisions
of the aircraft operator.
-
For the purposes of the article, in-flight inspections are considered to be flight
duty and flight time is considered to include in-flight inspection time. Flight
duty time shall not commence in the event the employee is notified that a flight
is delayed or cancelled prior to departure from the employee's residence or place
of rest if in travel status.
18.03 All employees will submit
monthly attendance registers. Periods of absence and hours of overtime will be specified.
18.04 Subject to operational
requirements, two (2) fifteen (15) minute rest periods shall be provided during
each work day.
In this Article:
"Overtime" means in
the case of a full-time employee, authorized work performed in excess of the employee's
normal scheduled hours of work.
19.01 When an employee is required to work overtime
on a scheduled work day, the employee shall be compensated on the basis of:
- time
and one-half (1 1/2) for each hour worked in excess of thirty-seven decimal five
(37.5) hours in any one work week;
and
- double-time
(2) for all hours worked in excess of seven decimal five (7.5) hour 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:
- time
and one-half (1 1/2) for the first seven decimal five (7.5) hours worked;
and
- double-time
(2) for all hours worked thereafter within any contiguous period;
- except,
an 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.
19.03 For the purpose of clauses 19.01 and 19.02,
all calculations for overtime shall be based on each completed one-half (1/2) hour.
19.04
- 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.
- 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.
- 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 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 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 the Employer, 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.
For greater certainty, the above allowance shall not apply to
an employee who is in travel status which entitles the employee to claim expenses
for lodging and/or meals.
20.01 Where an employee is required to travel
to or from his or her headquarters area, as normally defined by the Employer, the
employee's method of travel shall be determined by the Employer and the employee
shall be compensated in the following manner:
- On a
normal working day on which the employee travels but does not work, the employee
shall receive his or her regular pay for the day.
- On a normal working day on which the employee travels and works,
the employee shall earn:
- his or her regular pay for the day for a combined
period of travel and work not exceeding seven decimal five (7.5) hours,
and
- 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.
- 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 twelve (12) hours' at the straight-time
hourly rate of pay.
- if an
employee is required to travel outside Canada or Continental USA:
- on a normal working day on which the employee
travels and works, he shall be paid:
- his regular pay
for the day for a combined period of travel and work not exceeding his regular scheduled
working hours,
and
- 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,
- 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.
20.02
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 and/or which also serves as his or her living quarters during a tour of
duty. In such circumstances the employee shall be paid in accordance with the relevant
provisions of Articles 18, 19, 22 and 45 of this Agreement.
20.04 Travel Status Leave
- 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.
- 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.
- This
leave with pay is deemed to be compensatory leave and is subject to paragraph 19.04(a),
(b) and (c).
The provisions of this clause do not apply when the employee
travels in connection with courses, training sessions, professional conferences
and seminars.
21.01
Except as provided in this article, the terms and conditions governing the application
of pay to employees are not affected by this Agreement.
21.02 An employee is entitled to be paid, for services
rendered, at:
- 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
- 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.
21.03
- The rates of pay set forth in Appendix "A"
shall become effective on the dates specified.
- Where the rates of pay
set forth in Appendix "A" have an effective date prior to the date of signing of
this Agreement, the following shall apply:
- "retroactive
period" for the purpose of subparagraphs (ii) to (v) means the period from the effective
date of the revision up to and including the day before the collective agreement
is signed or when an arbitral award is rendered therefore;
- a
retroactive upward revision in rates of pay shall apply to employees, former employees
or in the case of death, the estates of former employees who were employees in the
group during the retroactive period;
- for
initial appointments made during the retroactive period, the rate of pay selected
in the revised rates of pay is the rate which is immediately below the rate of pay
being received prior to the revision;
- for
promotions, demotions, deployments, transfers or acting situations effective during
the retroactive period, the rate of pay shall be recalculated, in accordance with
the Public Service Terms and Conditions of Employment Regulations, using
the revised rates of pay. If the recalculated rate of pay is less than the rate
of pay the employee was previously receiving, the revised rate of pay shall be the
rate, which is nearest to, but not less than the rate of pay being received prior
to the revision. However, where the recalculated rate is at a lower step in the
range, the new rate shall be the rate of pay immediately below the rate of pay being
received prior to the revision;
- no
payment or no notification shall be made pursuant to paragraph 21.03(b) for one
dollar ($1.00) or less.
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.
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.
22.01
Subject to clause 22.02, the following days shall be designated paid holidays for
employees:
- New Year's Day,
- Good Friday,
- Easter Monday,
- the day fixed by proclamation of the Governor
in Council for celebration of the Sovereign's Birthday,
- Canada Day,
- Labour Day,
- the day fixed by proclamation of the Governor
in Council as a general day of Thanksgiving,
- Remembrance Day,
- Christmas Day,
- Boxing Day,
- one additional day in each year that, in
the opinion of the Employer, is recognized to be a provincial or civic holiday in
the area in which the employee is employed or in any area where, in the opinion
of the Employer, no such day is recognized as a provincial or civic holiday, the
first Monday in August,
and
- one additional day when proclaimed by an
Act of Parliament as a National Holiday.
22.02
Clause 22.01 does not apply to an employee who is absent without pay on both the
working day immediately preceding and the working day following the designated paid
Holiday, except in the case of an employee who is granted leave without pay under
the provisions of Article 16.
Holiday Falling on a Day of Rest
22.03
When a day designated as a paid Holiday under clause 22.01 coincides with an employee's
day of rest, the Holiday shall be moved to the employee's first scheduled working
day following the employee's day of rest.
22.04
When a day designated as a paid Holiday for an employee is moved to another day
under the provisions of clause 22.03,
- work performed by an employee on the day
from which the Holiday was moved shall be considered as work performed on a day
of rest,
and
- work performed by an employee on the day
to which the Holiday was moved, shall be considered as work performed on a Holiday.
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.
Holiday Coinciding with a Day of Paid
Leave
22.06
Where a day that is a designated Holiday for an employee falls within a period of
leave with pay, the Holiday shall not count as a day of leave.
23.01 The vacation year shall be from April
1st to March 31st of the following calendar year, inclusive.
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 seventy-five (75) hours:
- nine
decimal three seven five (9.375) hours until the month in which the anniversary
of the employee's eighth (8th) year of continuous employment occurs;
- twelve
decimal five (12.5) hours commencing with the month in which the employee's eighth
(8th) anniversary of continuous employment occurs;
- thirteen
decimal seven five (13.75) hours commencing with the month in which the employee's
sixteenth (16th) anniversary of continuous employment occurs;
- fourteen
decimal four (14.4) hours commencing with the month in which the employee's seventeenth
(17th) anniversary of continuous employment occurs;
- fifteen
decimal six two five (15.625) hours commencing with the month in which the employee's
eighteenth (18th) anniversary of continuous employment occurs;
- sixteen
decimal eight seven five (16.875) hours commencing with the month in which the employee's
twenty-seventh (27th) anniversary of continuous employment occurs;
- eighteen
decimal seven five (18.75) hours per month commencing with the month in which the
employee's twenty-eighth (28th) anniversary of continuous employment occurs.
Scheduling of Vacation Leave
23.03 In scheduling vacation leave with pay
to an employee the Employer shall, subject to the operational requirements of the
service as determined by the Employer, make every reasonable effort:
- not to
recall an employee to duty after the employee has proceeded on vacation leave;
- to schedule
the employee's vacation leave during the vacation year in which it is earned, if
so requested by the employee not later than June 1;
- to schedule
the employee vacation leave for at least two (2) consecutive weeks if so requested
by the employee not later than June 1;
- to schedule
the employee's vacation leave on any other basis requested by the employee if the
employee makes his or her request not later than June 1;
- to schedule
an employee vacation leave when specified by the employee if:
- the period of vacation leave requested is less
than a week,
and
- the employee gives the Employer at least two
(2) days' advance notice for each day of vacation leave requested.
23.04 The Employer may for good and sufficient
reason grant vacation leave on shorter notice than that provided for in clause 23.03.
23.05 An employee earns but is not entitled
to receive vacation leave with pay during the employee's first six (6) months of
continuous employment.
23.06 Where,
in respect of any period of vacation leave, an employee:
- is granted
bereavement leave,
or
- is granted
leave with pay because of illness in the immediate family,
or
- 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
- 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 two hundred sixty-two decimal five (262.5) hours credits. All vacation
leave credits in excess of two hundred sixty-two decimal five (262.5) hours will
be paid in cash at the employee's hourly 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.
- 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 one hundred twelve decimal five (112.5) hours may be paid in cash at the employee's
hourly 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.
Recall from Vacation Leave
23.08 Where, during any period of vacation leave,
an employee is recalled to duty, the employee shall be reimbursed for reasonable
expenses, as normally defined by the Employer, that the employee incurs:
- in proceeding
to the employee's place of duty,
and
- in returning
to the place from which the employee was recalled if the employee immediately resumes
vacation upon completing the assignment for which the employee was recalled,
after submitting such accounts as are normally required by the
Employer.
23.09 The employee shall not be considered as
being on vacation leave during any period in respect of which the employee is entitled
under clause 23.08 to be reimbursed for reasonable expenses incurred by him or her.
Leave when Employment Terminates
23.10 Where an employee dies or otherwise terminates
employment after a period of continuous employment of not more than six (6) months,
the employee or the employee's estate shall be paid an amount equal to the earned
but unused vacation leave.
**
23.11 Subject to 23.12, where an employee dies
or voluntarily terminates employment or is terminated from employment after a period
of continuous employment of more than six (6) months, the employee or the employee's
estate shall, in lieu of earned but unused vacation leave, be paid an amount equal
to the product obtained by multiplying the number of hours of earned but unused
vacation leave by the hourly rate of pay applicable to the employee immediately
prior to the termination of employment.
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.
23.13 Advance Payments
- 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.
- 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.
- 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.
**
Cancellation or Alteration of Vacation Leave
23.14 When the Employer cancels or alters a period
of vacation leave which it has previously approved in writing, the Employer shall
reimburse the employee for the non-returnable portion of vacation contracts and
reservations made by the employee in respect of that period, subject to the presentation
of such documentation as the Employer may require. The employee must make every
reasonable attempt to mitigate any losses incurred and will provide proof of such
action to the Employer.
23.15
Employees shall be credited a one-time entitlement of thirty-seven
decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the
month following the employee's second (2nd) anniversary of continuous employment.