ARCHIVED - Aircraft Operations (AO) 401 - Archived

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Article 26 Discrimination

26.01 It is agreed that there shall be no discrimination with respect to an employee by reason of age, race, creed, colour, national origin, political or religious affiliation, sex, sexual orientation, membership or activity in the Union.

Article 27 Leave - General

27.01 When the employment of an employee who has been granted more vacation or sick leave with pay than the employee has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to him or her.

27.02 When the employment of an employee who has been granted more vacation or sick leave with pay than the employee has earned is terminated by lay-off, the employee is considered to have earned the amount of leave with pay granted if at the time of lay-off the employee has completed two (2) or more years of continuous employment.

**

27.03 The amount of leave with pay credited to an employee by the Employer at the time when this Agreement is signed, or at the time when the employee becomes subject to this Agreement, shall be retained by the employee.

27.04 Leave shall be granted only in respect of time the employee would be otherwise scheduled to work at straight-time rates.

27.05 An employee is not entitled to leave with pay during periods when the employee is on leave without pay or under suspension.

27.06 An employee shall not be granted two different types of leave with pay at the same time.

27.07 An employee shall not earn leave credits under this Collective Agreement in any month for which leave has already been credited to the employee under the terms of any other collective agreement to which the Employer is a party.

27.08 Leave credits will be earned on a basis of a day being equal to seven decimal five (7.5) hours.

27.09 When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day, except for Bereavement Leave With Pay where a day is a calendar day.

27.10 When an employee is granted a day of leave, such employee will not be scheduled for work on that day without mutual agreement.

Article 28 Severance Pay

Lay-off

28.01

1. On the first (1st) lay-off two (2) weeks' pay for the first (1st) complete year of continuous employment and one (1) week's pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).
2. On second (2nd) or subsequent lay-off one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which the employee was granted severance pay under sub-paragraph (i).

Resignation

28.02 On resignation, subject to clause 28.05 and with ten (10) or more years of continuous employment, one-half (1/2) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.

Retirement

28.03

1. On retirement, when an employee is entitled to an immediate annuity under the Public Service Superannuation Act or when the employee is entitled to an immediate annual allowance, under the Public Service Superannuation Act,
   or
2. a part-time employee, who regularly works more than thirteen decimal five (13.5) but less than thirty (30) hours a week, and who, if he or she were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if he or she were a contributor under the Public Service Superannuation Act,

a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.

Severance Pay on Death

28.04 If an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.

28.05 Severance benefits payable to an employee under this article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under this article be pyramided.

Article 29 Employee Performance Review

29.01 An employee shall be given an opportunity to sign any formal review of his or her performance, and shall also be given an opportunity to sign all adverse reports pertaining to the performance of his or her duties and shall be provided a copy of the report.

29.02 Any document, relating to disciplinary action, which may have been placed on the personnel file of an employee, shall be destroyed after two (2) years have elapsed since the infraction took place; provided that no further occurrence of disciplinary action has been recorded during this period.

29.03 Twice per year, upon written request by an employee, the personnel file(s) of that employee shall be made available within ten (10) working days for his/her examination in the presence of an authorized representative of 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 31 Immunization

31.01 The Employer agrees to continue the present practice of providing an employee with immunization against communicable diseases when such immunization is a requirement to obtain a passport for travel in the performance of duties outside Canada.

Article 32 Publications

32.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all publications considered necessary to their work by the Employer.

Article 33 Statement of Duties

33.01 Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of his or her position, including the classification level and, where applicable, the point rating allotted by factor to his or her position, and an organization chart depicting the position's place in the organization.

Article 34 Aviation Aircrew Allowance (AAA)

34.01 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.

34.02 Eligibility

Employees who are incumbents of positions (either on a substantive basis or acting appointment basis) in the Aircraft Operations bargaining unit shall be entitled to an Aviation Aircrew Allowance (AAA).

34.03 Application

1. 
   **
   1. Incumbents of positions identified above shall be eligible to receive the following annualized Aviation Aircrew Allowance to be paid biweekly:
      • Effective January 26, 2008: $5,281;
      • Effective January 26, 2009: $5,281;
      • Effective January 26, 2010: $5,281;
   2. The Allowance specified above does not form part of an employee's salary.
   **
   3. An employee shall be paid the Allowance for each calendar month for which the employee receives at least seventy-five (75) hours pay as an incumbent of a position in the AO bargaining unit.
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 article may be subject to consultation.

**Article 35 Grievance Procedure

35.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council (NJC) of the public service on items which may be included in a collective agreement and which the parties to this Agreement have endorsed, the grievance procedure will be in accordance with section 15.0 of the NJC By-Laws.

35.02 The parties recognize the value of informal discussion between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When the parties agree in writing to avail themselves of an informal conflict management system established pursuant to section 207 of the PSLRA, the time limits prescribed in the article 35 Grievance Procedure are suspended until either party gives the other notice in writing to the contrary.

35.03 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded.

35.04 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Union Representative.

35.05 Where the provisions of clauses 35.07, 35.24 or 35.38 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office of the department or agency concerned. Similarly the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.

35.06 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

Individual Grievances

35.07 An employee who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:

1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
   and
2. provide the employee with a receipt stating the date on which the grievance was received by him.

35.08 Presentation of grievance

1. Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved
   1. by the interpretation or application, in respect of the employee, of
      1. a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or
      2. a provision of a collective agreement or an arbitral award;
      or
   2. as a result of any occurrence or matter affecting his or her terms and conditions of employment.
2. An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.
3. Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value.
4. An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the Union.
5. An employee who, in respect of any matter, chooses to use a complaint procedure established by a policy of the employer, such as the Policy on Prevention and Resolution of Harassment in the Workplace, may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this article.
6. An employee may not present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
7. For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

35.09 There shall be three (3) levels in the grievance procedure. These levels shall be as follows:

1. Level 1 - first (1st) level of management;
2. Level 2 - intermediate level;
3. Final level - the Deputy Minister (or his equivalent) or his delegated representative.

35.10 Representatives

1. The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the title of the person so designated together with the title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.
2. This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Union.

35.11 An employee may be assisted and/or represented by the Union when presenting a grievance at any level. The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

35.12 An employee may present a grievance to the first (1st) level of the procedure in the manner prescribed in clause 35.07, not later than the twenty-fifth (25th) day after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to grievance.

35.13 An employee may present a grievance at each succeeding level in the grievance procedure beyond the first (1st) level either:

1. where the decision or offer for settlement is not satisfactory to the employee, within ten (10) days after that decision or offer for settlement has been conveyed in writing to the employee by the Employer,
   or
2. where the Employer has not conveyed a decision to the employee within the time prescribed in clause 35.14, within twenty-five (25) days after he presented the grievance at the previous level.

35.14 The Employer will normally reply to an employee's grievance at any level of the grievance procedure, except the final level, within ten (10) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.

35.15 Where an employee has been represented by the Union in the presentation of his grievance, the Employer will provide the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.

35.16 Where a grievance has been presented up to and including the final level in the grievance process, and the grievance is not one that may be referred to adjudication in accordance with clause 35.22, the decision on the grievance taken at the final level in the grievance process is final and binding and no further action may be taken under the Public Service Labour Relations Act.

35.17 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the final level may be eliminated by agreement of the Employer and the employee, and, where applicable, the Union.

35.18 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply, except that the grievance may be presented at the final level only.

35.19 An employee may by written notice to his immediate supervisor or officer-in-charge withdraw a grievance.

35.20 Any employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond his control, he was unable to comply with the prescribed time limits.

35.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his grievance or refrain from exercising his right to present a grievance, as provided in this Collective Agreement.

35.22 Reference to Adjudication

1. An employee may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee's satisfaction if the grievance is related to:
   1. the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award;
   2. a disciplinary action resulting in termination, demotion, suspension or financial penalty;
   3. demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct; or
   4. deployment under the Public Service Employment Act without the employee's consent where consent is required.
2. When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.
3. The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).
4. Nothing in subsection (1) above is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to:
   1. any termination of employment under the Public Service Employment Act;
      or
   2. any deployment under the Public Service Employment Act, other than the deployment of the employee who presented the grievance.

35.23 Before referring an individual grievance related to matters referred to in paragraph 35.22(1)(a), the employee must obtain the approval of the Union.

Group Grievances

35.24 The Union may present a grievance at any prescribed level in the grievance procedure, and shall transmit this grievance to the officer-in-charge who shall forthwith:

1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
   and
2. provide the Union with a receipt stating the date on which the grievance was received by him.

35.25 Presentation of Group Grievance

1. The Union may present to the Employer a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of a collective agreement or an arbitral award.
2. In order to present the grievance, the Union must first obtain the consent of each of the employees concerned in the form provided for by the regulations. The consent of an employee is valid only in respect of the particular group grievance for which it is obtained.
3. The group grievance must relate to employees in a single portion of the federal public administration.
4. The Union may not present a group grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.
5. Despite subsection (4), the Union may not present a group grievance in respect of the right to equal pay for work of equal value.
6. If an employee has, in respect of any matter, availed himself or herself of a complaint procedure established by a policy of the Employer, the Union may not include that employee as one on whose behalf it presents a group grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from participating in a group grievance under this article.
7. The Union may not present a group grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
8. For the purposes of subsection (7), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

35.26 There shall be no more than a maximum of three (3) levels in the grievance procedure. These levels shall be as follows:

1. Level 1 - first (1st) level of management;
2. Level 2 - intermediate level;
3. Final level - the Deputy Minister (or his equivalent) or his delegated representative.

35.27 The Employer shall designate a representative at each level in the grievance procedure and shall inform the Union of the title of the person so designated together with the title and address of the officer-in charge to whom a grievance is to be presented.

35.28 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

35.29 The Union may present a grievance to the first (1st) level of the procedure in the manner prescribed in clause 35.24, no later than the twenty-fifth (25th) day after the earlier of the day on which the aggrieved employees received notification and the day on which they had knowledge of any act, omission or other matter giving rise to the group grievance.

35.30 The Union may present a grievance at each succeeding level in the grievance procedure beyond the first (1st) level either:

1. where the decision or offer for settlement is not satisfactory to the Union, within ten (10) days after that decision or offer for settlement has been conveyed in writing to the Union by the Employer,
   or
2. where the Employer has not conveyed a decision to the Union within the time prescribed in clause 35.31, within twenty-five (25) days after the Union presented the grievance at the previous level.

35.31 The Employer will normally reply to the Union's grievance at any level of the grievance procedure, except the final level, within ten (10) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.

35.32 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the final level may be eliminated by agreement of the Employer and the Union.

35.33 The Union may by written notice to officer-in-charge withdraw a grievance.

35.34 Opting out of a group Grievance

1. An employee in respect of whom a group grievance has been presented may, at any time before a final decision is made in respect of the grievance, notify the Union that the employee no longer wishes to be involved in the group grievance.
2. The Union shall provide to the representatives of the Employer authorized to deal with the grievance, a copy of the notice received pursuant to paragraph (1) above.
3. After receiving the notice, the Union may not pursue the grievance in respect of the employee.

35.35 The Union failing to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond its control, it was unable to comply with the prescribed time limits.

35.36 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Union to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.

35.37 Reference to Adjudication

1. The Union may refer to adjudication any group grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to its satisfaction.
2. When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.
3. The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).

Policy Grievances

35.38 The Employer and the Union may present a grievance at the prescribed level in the grievance procedure, and forward the grievance to the representative of the Union or the Employer, as the case may be, authorized to deal with the grievance. The party who receives the grievance shall provide the other party with a receipt stating the date on which the grievance was received by him.

35.39 Presentation of Policy Grievance

1. The employer and the Union may present a policy grievance to the other in respect of the interpretation or application of the collective agreement or arbitral award as it relates to either of them or to the bargaining unit generally.
2. Neither the employer nor the Union may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than the Canadian Human Rights Act.
3. Despite subsection (2), neither the employer nor the Union may present a policy grievance in respect of the right to equal pay for work of equal value.
4. The Union may not present a policy grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
5. For the purposes of subsection (4), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

35.40 There shall be no more than one (1) level in the grievance procedure.

35.41 The Employer and the Union shall designate a representative and shall notify each other of the title of the person so designated together with the title and address of the officer-in charge to whom a grievance is to be presented.

35.42 The Employer and the Union may present a grievance in the manner prescribed in clause 35.38, no later than the twenty-fifth (25th) day after the earlier of the day on which it received notification and the day on which it had knowledge of any act, omission or other matter giving rise to the policy grievance.

35.43 The Employer and the Union will normally reply to the grievance within thirty (30) days when the grievance is presented.

35.44 The Employer or the Union, as the case may be, may by written notice to officer-in-charge abandon a grievance.

35.45 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Employer or the Union to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.

35.46 Reference to Adjudication

1. A party that presents a policy grievance may refer it to adjudication.
2. When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.
3. The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).

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