1.01 The purpose of this agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Union, to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this agreement.
1.02 The parties to this agreement share a desire to improve the quality of the public service of Canada, to maintain a high standard in the operation of air services and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and effectively served. Accordingly, they are determined to establish, within the framework provided by law, an effective working relationship at all levels of the public service in which members of the bargaining unit are employed.
2.01 For the purpose of this agreement:
a. “Union” (Syndicat) means the Canadian Federal Pilots Association; b. “bargaining unit” (unité de négociation) means all the employees of the Employer in the Aircraft Operations Group, as described in the certificate issued by the former Public Service Labour Relations Board on January 18, 2001 ; c. “civil aviation inspector” (inspecteur d’aviation civile) means an employee in the Civil Aviation Inspectors Sub-Group of the Aircraft Operations Group;
d. “continuous employment” (emploi continu) has the same meaning as specified in the Directive on Terms and Conditions of Employment on the date of the signing of this agreement; e. “common-law partner” (conjoint de fait) means a person living in a conjugal relationship with an employee for a continuous period of at least one year; f. “daily rate of pay” (taux de rémunération journalier) means an employee’s weekly rate of pay divided by five (5); g. “day of rest” (jour de repos) in relation to an employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of the employee being on leave of absence; h. “double time” (tarif double) means twice (2) an employee’s hourly rate of pay; i. “employee” (employé) means a person who is a member of the bargaining unit; j. “engineering test pilot” (pilote ingénieur d’essai) means an employee in the Engineering Test Pilots Sub-Group of the Aircraft Operations Group; k. “Employer” (employeur) means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board; l. “headquarters area” (zone d’affectation) has the same meaning as given to the expression in the National Joint Council Travel Directive; m. “helicopter pilot” (pilote d’hélicoptère) means an employee in the Helicopter Pilots and Supervisors Sub-Group of the Aircraft Operations Group; n. “holiday” (jour férié) means the twenty-four (24) hour period commencing at 00:01 am of a day designated as a holiday in this agreement; o. “hourly rate of pay” (taux de rémunération horaire) means an employee’s daily rate of pay divided by seven decimal five (7.5) hours; p. “lay-off” (mise en disponibilité) means the termination of an employee’s employment because of a lack of work or because of the discontinuance of a function; q. “leave” (congé) means authorized absence from duty by an employee during the employee’s regular or normal hours of work; r. “membership dues” (cotisations syndicales) means the dues established pursuant to the constitution of the Union as the dues payable by its members as a consequence of their membership in the Union, and shall not include any initiation fee, insurance premium, or special levy; s. “spouse” (époux) will, when required, be interpreted to include “common-law partner” except, for the purposes of the Foreign Service Directives, the definition of “spouse” will remain as specified in Directive 2 of the Foreign Service Directives; r. “time and one half” (tarif et demi) means one and one half (1 1/2) times an employee’s hourly rate of pay;
and u. “weekly rate of pay” (taux de rémunération hebdomadaire) means an employee’s annual rate of pay divided by fifty-two decimal one seven six (52.176).
2.02 Except as otherwise provided in this agreement, expressions used in this agreement:
3.01 The provisions of this agreement apply to the Union, employees and the Employer.
3.02 Throughout this agreement, expressions referring to employee or the masculine or feminine gender are meant for all employees, regardless of gender.
4.01 The parties agree that, in the event of a dispute arising out of the interpretation of a clause or article in this agreement, such dispute shall in the first instance be referred to the parties who will meet within thirty (30) working days and seek to resolve the problem.
5.01 Nothing in this agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction or regulations 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.
6.01 Both English and French texts of this agreement shall be official.
7.01 If any law now in force or enacted during the term of this agreement renders null and void any provision of this agreement, the remaining provisions shall remain in effect for the term of the agreement.
8.01 The Employer recognizes the Union as the exclusive bargaining agent for all employees described in the certificate issued by the former 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 FPSLRA.
9.01 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.
10.01 Nothing in this agreement shall be construed as an abridgement or restriction of any employee’s constitutional rights or of any right expressly conferred in an act of the Parliament of Canada.
10.02 The parties recognize that providing objective, evidence-based, non-partisan analysis and advice is fundamental to the values and ethics of the public service, as reflected in the Values and Ethics Code for the Public Sector. No employee shall be expected to act in a manner that is inconsistent with the principle of providing objective, evidence-based, non-partisan analysis and advice.
11.01 The Employer acknowledges the right of the Union to appoint or otherwise select employees as representatives.
11.02 The Union and the Employer shall endeavour in consultation to determine the jurisdiction of each representative, having regard to the plan of organization, the number and distribution of employees at the workplace and the administrative structure implied by the grievance procedure. Where the parties are unable to agree in consultation, then any dispute shall be resolved by the grievance/ adjudication procedure.
11.03 The Union shall notify the Employer in writing of the name and jurisdiction of its representatives identified pursuant to clause 11.02.
12.01 A representative shall obtain the permission of his or her immediate supervisor before leaving work to investigate with fellow employees complaints of an urgent nature, to meet with local management for the purpose of discussing such complaints or problems directly related to employment and to attend meetings called by management. The representative shall report back to his or her supervisor, or designee, before resuming normal duties.
13.01 The Employer agrees that access to its premises may be allowed to representatives of the Union for the purpose of interviewing a Union member.
13.02 Permission to hold such meeting shall in each case be obtained from the Employer’s designated staff relations representative and such meeting shall not interfere with the operations of the department or section concerned.
14.01 The Employer agrees to supply the Union each quarter with the name, geographic location and classification of each new employee.
14.02 The Employer agrees to supply each employee with a copy of the collective agreement.
14.03 For the purpose of satisfying the Employer’s obligation under this clause, employees may be given electronic access to the collective agreement.
14.04 Notwithstanding the above, an employee may request a printed copy of the collective agreement, and the Employer shall provide a printed copy in a timely manner.
15.01 The Employer will provide specific bulletin board space for the use of the Union at suitable locations accessible to employees, sites to be determined by the Employer and the Union, provided that the use of such boards by the Union shall be restricted to the posting of information relating to the business affairs, meetings, social events and reports of various committees of the Union, and shall contain nothing that is adverse to the interest of the Employer. Copies of information to be posted shall be supplied to the department head concerned. The Employer shall have the right to refuse the posting of any information it considers adverse to its interests. The Employer will make available to the Union specific locations on the premises for the storage of reasonable quantities of Union literature.
16.01 Federal Public Sector Labour Relations and Employment Board (FPSLREB) hearings
16.02 Arbitration Board and Public Interest Commission hearings
16.03 Adjudication
16.04 Meetings during the grievance process
16.05 Contract negotiations meetings
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Union.
16.06 Preparatory contract negotiations meetings
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiations meetings.
16.07 Meetings between the Union and management
Where operational requirements as determined by the Employer permit, the Employer will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Union.
16.08 Group executive meetings, Union executive meetings and Union conventions
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to a reasonable number of employees to attend group executive meetings, Union executive meetings and Union conventions.
16.09 Representatives’ training courses
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Union to undertake training related to the duties of a representative.
16.10 Determination of leave status
Where the status of leave requested cannot be determined until the FPSLREB or an adjudicator has given a decision, leave without pay will be granted pending final determination of the appropriate leave status.
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 (1) month to permit deductions, the Employer shall not be obliged to make such deductions from subsequent salary.
17.04 An employee who satisfies the Association as to the bona fide of his or her claim and 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 registered pursuant to the Income Tax Act, equal to dues shall not be subject to this article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved. The Association will inform the Employer accordingly.
17.05 No employee organization, as defined in section 2 of the FPSLRA, 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 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 Union agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this article.
18.01
18.02
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 workday.
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 workday, the employee shall be compensated on the basis of:
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:
Second (2nd) or subsequent day of rest means the second (2nd) 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
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:
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 (hours of work), 19 (overtime), 22 (designated paid holidays) and 44 (shipboard and special assignment allowance) of this agreement.
20.04 Travel status leave
The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars unless the employee is required to attend by the Employer.
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:
21.03
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:
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 (leave with or without pay for Union business).
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,
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 an 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.
22.06 The compensation that the employee would have been granted as holiday pay had the employee not worked on a designated paid holiday is seven decimal five (7.5) hours remunerated at straight time.
22.07 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 1 to March 31 of the following calendar year, inclusive.
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:
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:
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:
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
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:
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.
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 clause 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 as calculated from the classification prescribed in his or her certificate of appointment of the substantive position on the date of the termination of his or her employment.
23.12 Notwithstanding clause 23.11, an employee whose employment is terminated for cause pursuant to paragraph 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 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.
23.14 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.
24.01 An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which the employee receives pay for at least seventy-five (75) hours.
24.02 An employee shall be granted sick leave with pay when the employee is unable to perform his or her duties because of illness or injury provided that:
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 paragraph 24.02(a).
24.04 An employee shall not be granted sick leave with pay during any period in which the employee is on leave of absence without pay, or under suspension.
24.05 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered for the purpose of the record of sick leave credits that the employee was not granted sick leave with pay.
24.06 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 24.02, sick leave with pay may, at the discretion of the Employer, be granted:
subject to the deduction of such advanced leave from any sick leave credits subsequently earned.
25.01 In respect of any requests for leave under this article, the employee, when required by the Employer, must provide satisfactory validation of the circumstances necessitating such requests, in such manner and at such time as may be determined by the Employer and confirmed in writing.
25.02 Bereavement leave with pay
For the purpose of this clause, immediate family is defined as father, mother (or, alternatively, stepfather, stepmother, or foster parent), brother, sister, step-brother, step-sister, spouse (including common-law partner resident with the employee), child (including child of common-law partner), stepchild, foster child or ward of the employee, grandparent, father-in-law, mother-in-law, grandchild, relative permanently residing in the employee’s household or with whom the employee permanently resides, and a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
25.03 Court leave with pay
The Employer shall grant leave with pay to an employee for the period of time the employee is required:
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 FPSLRA, 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.
25.05 Injury-on-duty leave with pay
An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer when a claim has been made pursuant to the Government Employees’ Compensation Act, and a workers’ compensation authority has notified the Employer that it has certified that the employee is unable to work because of:
if the employee agrees to remit to the Receiver General for Canada any amount received by the employee in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee’s agent has paid the premium.
25.06 Examination leave with pay
Leave of absence with pay to write examinations may be granted by the Employer to an employee. Such leave will be granted only where in the opinion of the Employer the course of study is directly related to the employee’s duties or will improve the employee’s qualifications.
25.07 Maternity leave without pay
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.
25.08 Maternity allowance
25.09 Special maternity allowance for totally disabled employees
shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph 25.09(a)(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.
25.10 Parental leave without pay
beginning on the day on which the child is born or the day on which the child comes into the employee’s care.
beginning on the day on which the child comes into the employee’s care.
the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee’s care.
25.11 Parental allowance
Under the Employment Insurance benefits plan, parental allowance is payable under two options, either:
Once an employee elects the standard or extended parental benefits and the weekly benefit top up allowance is set, the decision is irrevocable and shall not be changed should the employee return to work at an earlier date than that originally scheduled.
Under the QPIP, parental allowance is payable only under Option 1: standard parental benefits.
25.12 Special parental allowance for totally disabled employees
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph 25.12(a)(i), the difference between ninety-three per cent (93%) of the employee’s rate of pay, and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
25.13 Leave without pay for the care of family
For the purpose of this clause, family is defined as father, mother (or, alternatively, stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law partner resident with the employee), child (including child of common-law partner), stepchild or ward of the employee, grandparent, father-in-law, mother-in-law, grandchild, any relative permanently residing in the employee’s household or with whom the employee permanently resides, and a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
25.14 Caregiving leave
25.15 Leave without pay for personal needs
Leave without pay will be granted for personal needs, in the following manner:
25.16 Leave without pay for relocation of spouse
25.17 Leave with pay for family-related responsibilities
25.18 Leave with or without pay for other reasons
At its discretion and in exceptional circumstances, the Employer may grant leave with or without pay for purposes other than those specified in this agreement.
25.19 Personal leave
Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.
The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.
Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, fifteen (15) hours of leave with pay for reasons of a personal nature. This leave can be taken in periods of seven decimal five (7.5) hours or three decimal seven five (3.75) hours each.
The leave will be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.
25.20 Volunteer leave
Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.
The leave will be scheduled at times convenient both to the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.
25.21 Domestic violence leave
For the purposes of this clause domestic violence is considered to be any form of abuse or neglect that an employee or an employee’s child experiences from someone with whom the employee has or had an intimate relationship.
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.
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 layoff, the employee is considered to have earned the amount of leave with pay granted if at the time of layoff 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.
28.01
28.02 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.
28.03 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. Under no circumstances shall the maximum severance pay provided under this article be pyramided.
For greater certainty, payments for the elimination of severance pay for voluntary separation (resignation and retirement) made pursuant to clauses 28.06 and 28.09 of Appendix B or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of clause 28.03.
28.04 Employees who were subject to the payment in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) and who opted to defer their payment, the former provisions outlining the payment in lieu are found at Appendix B.
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 Twice (2) 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.
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.
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.
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.
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.
34.01 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.
34.02 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 FPSLRA, the time limits prescribed in the Article 34 (grievance procedure) are suspended until either party gives the other notice in writing to the contrary.
34.03 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.
34.04 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.
34.05 Where the provisions of clauses 34.07, 34.24 or 34.38 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 or her 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.
34.06 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.
34.07 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:
34.08 Presentation of grievance
34.09 There shall be three (3) levels in the grievance procedure. These levels shall be as follows:
34.10 Representatives
34.11 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.
34.12 An employee may present a grievance to the first (1st) level of the procedure in the manner prescribed in clause 34.07, not later than the twenty-fifth (25th) day after the date on which he or she is notified orally or in writing or on which he or she first becomes aware of the action or circumstances giving rise to grievance.
34.13 An employee may present a grievance at each succeeding level in the grievance procedure beyond the first (1st) level either:
34.14 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.
34.15 Where an employee has been represented by the Union in the presentation of his or her 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.
34.16 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 34.22, 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 FPSLRA.
34.17 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.
34.18 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.
34.19 An employee may by written notice to his or her immediate supervisor or officer-in-charge withdraw a grievance.
34.20 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 or her control, he or she was unable to comply with the prescribed time limits.
34.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his or her grievance or refrain from exercising his or her right to present a grievance, as provided in this collective agreement.
34.22 Reference to adjudication
34.23 Before referring an individual grievance related to matters referred to in subparagraph 34.22(1)(a), the employee must obtain the approval of the Union.
34.24 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:
34.25 Presentation of group grievance
34.26 There shall be no more than a maximum of three (3) levels in the grievance procedure. These levels shall be as follows:
34.27 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.
34.28 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.
34.29 The Union may present a grievance to the first (1st) level of the procedure in the manner prescribed in clause 34.24, 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.
34.30 The Union may present a grievance at each succeeding level in the grievance procedure beyond the first (1st) level either:
34.31 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.
34.32 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.
34.33 The Union may by written notice to officer-in-charge withdraw a grievance.
34.34 Opting out of a group grievance
34.35 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.
34.36 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.
34.37 Reference to adjudication
34.38 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 or her.
34.39 Presentation of policy grievance
34.40 There shall be no more than one (1) level in the grievance procedure.
34.41 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.
34.42 The Employer and the Union may present a grievance in the manner prescribed in clause 34.38, 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.
34.43 The Employer and the Union will normally reply to the grievance within thirty (30) days when the grievance is presented.
34.44 The Employer or the Union, as the case may be, may by written notice to officer-in-charge abandon a grievance.
34.45 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.
34.46 Reference to adjudication
35.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on matters of common interest.
35.02 Subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties.
35.03
36.01 The Employer will continue past practice in giving all reasonable consideration to continued employment in the public service of employees who would otherwise become redundant because work is contracted out.
37.01 The FPSLRA provides penalties for engaging in illegal strikes. Both parties agree that disciplinary action may also be taken, which will include penalties up to and including termination of employment, for participation in an illegal strike as defined in the FPSLRA.
38.01 This agreement may be amended by mutual consent. If either party wishes to amend or vary this agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss such proposal not later than one calendar month after receipt of such notice.
39.01 The Employer agrees, where an employee permanently loses his or her Flight Crew licence due to medical or proficiency reasons, to continue the present practice of making every reasonable effort to find suitable employment either within the department or elsewhere in the public service.
39.02 Where an employee, who has been denied renewal of his or her Flight Crew licence on the grounds that he or she does not meet the prescribed medical standards, applies for a review of his or her case to the Civil Aviation Medical Advisory Panel, the Employer will reimburse the employee for the cost of any additional medical examinations which he or she is required to undergo.
40.01 The Employer shall reimburse an employee for his or her payment of fees incurred in:
40.02 The Employer shall reimburse an employee for the payment of membership or registration fees to an organization or governing body when the payment of such fees is required by the Employer for the continuation of the performance of the duties of the employee’s position.
40.03 Membership dues referred to in Article 17 (check-off), of this agreement are specifically excluded as reimbursable fees under this article.
41.01 Agreements concluded by the National Joint Council of the public service on items which may be included in a collective agreement, and which the parties to this agreement have endorsed after December 6, 1978 , will form part of this collective agreement, subject to the FPSLRA and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any act specified in subsection 113(b) of the FPSLRA.
41.02 NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the chairman of the FPSLREB has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective on December 6, 1978 .
42.01 If an employee on a designated holiday or a day of rest or after he or she has completed his or her work for the day and has left his or her place of work is called back to work and returns to work he or she shall be entitled to the greater of:
Time spent by an employee reporting to work or returning to his or her residence shall not constitute time worked.
42.02 An employee who receives a call to duty or responds to a telephone or data line call on a designated holiday or a day of rest or after he or she has completed his or her work for the day, may, at the discretion of the Employer, work at the employee’s residence or at another place to which the Employer agrees. In such instances, the employee shall be paid the greater of:
43.01
44.01 A helicopter pilot shall receive a weekly allowance of thirty (30) hours at time and one half (1 1/2) for each period of seven (7) consecutive days in which he or she is required to undertake shipboard or special assignment duties, and periods of less than seven (7) consecutive days on shipboard or special assignment duties will be pro-rated, provided that:
45.01
46.01 The parties agree that the maintenance of professional aviation currency is necessary for the Employer to fulfill its mandate and for employees to carry out their duties.
46.02 The Employer shall provide each medically fit civil aviation inspector (CAI) with the opportunity to maintain his/her professional aviation currency through the use of departmental aircraft or an approved alternate professional currency program.
46.03 Professional aviation currency is deemed to have been met as a minimum, by the possession and maintenance of the Airline Transport Pilot Licence (ATPL) and Group 1 or Group 4 Instrument Rating / Pilot Proficiency Check or a Commercial Helicopter Pilot Licence and Group 4 Instrument Rating / Pilot Proficiency Check.
46.04 The Employer shall assign each employee in accordance with the criteria and procedures established between the Employer and the Union to a professional aviation currency program.
46.05 With the exception of clause 46.04 above all changes to the Transport Canada professional aviation currency policy for civil aviation inspectors and the TSB Policy on CAI Professional Aviation Currency shall be accomplished by means of mutual agreement between the parties.
47.01 Where an employee is involved in an accident or incident related to the operation of an aircraft while performing his or her duties, the employee may be removed from flying status and assigned alternate duties pending the outcome of any investigation into the accident or incident undertaken by the Employer or the Canadian Transportation Accident Investigation and Safety Board or both.
47.02 If after seven (7) days the employee has not been returned to all duties, including flying status, written notification must be provided along with the reasons therefore, to the employee with a copy to the Union.
47.03 In cases involving aircraft accidents or incidents the employee will not be required to commit orally or in writing to the Employer for a period of twenty-four (24) hours following the accident or incident unless the employee has the opportunity to be represented by the Union and has been afforded the opportunity of a medical examination by a medical examiner approved by the Union and the Employer.
47.04 Where an investigation is undertaken by the Employer, pursuant to the above, every effort shall be made to issue a formal report within three (3) months.
47.05 Both the employee involved and the Union will be informed on a regular basis of the course of such an investigation and will be provided with a copy of any interim or final report resulting therefrom.
47.06 Where an employee provides information or evidence to an investigation for the purposes of determining the circumstances and/or cause of an aviation accident or incident such information will be used exclusively for the purposes of flight safety and shall not be used against any person in any legal or disciplinary proceedings except as provided for in accordance with the Canadian Transportation Accident Investigation and Safety Board Act.
47.07 Where disciplinary action is considered following the issuance of an accident or incident investigation report, the provisions of clause 34.12 shall be applicable from the date of issue of such report.
48.01 An employee shall be notified in writing of any investigation that may result in disciplinary action being taken against the employee by the Employer. Such notice shall contain a description of the allegations and make known the office and/or individuals that will be carrying out such investigation.
48.02 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Canadian Federal Pilots Association (CFPA) attend the meeting. The employee shall be advised by the Employer of his or her right to Union representation. The employee shall receive a minimum of two (2) days’ notice of such a meeting.
48.03 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at the administrative inquiry, hearing or investigation being conducted, he or she may be accompanied by a representative of the CFPA. Where practicable, the employee shall receive a minimum of two (2) days’ notice of such administrative inquiry, hearing or investigation being conducted as well as its purpose. The unavailability of the representative will not delay the inquiry, hearing or investigation more than forty-eight (48) hours from the time of notification to the employee.
48.04 The Employer shall notify the local representative of the CFPA as soon as possible that such suspension or termination has occurred.
48.05 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.
48.06 Subject to the Access to Information Act and Privacy Act, the Employer will provide the employee access to the information used during the disciplinary investigation.
48.07 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. This period will automatically be extended by the length of any period of leave without pay.
49.01 Developmental training or education, including attendance at certain seminars, symposiums and conferences, represents opportunities for development to the employee beyond that which the Employer requires of the employee to maintain the employee’s competency in the employee’s current position. Specifically, developmental training and education is employee requested not Employer required.
49.02 Where developmental training or education is arranged by the Employer and an employee is given the opportunity to attend, the employee shall be informed in advance of what is likely to be involved in respect of the employee’s personal time above and beyond the employee’s normal hours of work both in respect of travel and attendance at such activities.
49.03 Developmental training or education opportunities do not always associate themselves with the normal hours of work. If the employee wishes to be given the opportunity to attend and is permitted to do so, the employee shall only be entitled to normal travel expenses incurred and regular salary and in these circumstances the overtime and travelling time provisions of the collective agreement will not apply.
50.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.
51.01 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the work force will be accomplished through attrition.
52.01 The Employer shall provide legal advice and assistance to an employee who is required to appear at a coroner’s inquest or judicial/magisterial inquiry, or who is a party to or is required to attend as a witness at a civil or criminal legal action, arising out of the performance of the employee’s duties.
52.02 If the employee so desires, he or she may select legal counsel of his or her choice, and the legal fees for such representation shall be borne by the employee. Where, in the opinion of the Employer, a conflict of interest may exist, the Employer shall pay the legal fees for such representation, in accordance with the schedule of fees established for agents of the Department of Justice Canada.
53.01 The Union and the Employer recognize the right of employees to work in an environment free from sexual harassment, and agree that sexual harassment will not be tolerated in the workplace.
53.02
53.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with sexual harassment. The selection of the mediator will be by mutual agreement.
53.04 Upon request by the complainant(s) and/or respondent(s), an official copy of the investigation report shall be provided to them by the Employer, subject to the Access to Information Act and Privacy Act.
54.01 The duration of this collective agreement shall be from the date it is signed to January 25, 2023 .
54.02 Unless otherwise expressly stipulated the provisions of this agreement shall become effective on the date it is signed.
54.03 The provisions of this collective agreement shall be implemented by the parties within a period of one hundred and twenty (120) days from the date of signing.
This collective agreement is signed during the COVID-19 pandemic. Given the exceptional circumstances and the social distancing restrictions imposed by Public Health Authorities, the parties have agreed to sign this collective agreement electronically.
Signed at Ottawa, this 19th day of the month of May 2020 .
Rates of pay will be adjusted within 180 days from December 18, 2019 . Changes to rates of pay with an effective date starting on January 26, 2019 , up until the salary adjustment date will be paid according to Appendix F as a lump sum payment. In particular:
Rates of pay will be adjusted within 180 days from December 18, 2019 . Changes to rates of pay with an effective date starting on January 26, 2019 , up until the salary adjustment date will be paid according to Appendix F as a lump sum payment. In particular:
Rates of pay will be adjusted within 180 days from December 18, 2019 . Changes to rates of pay with an effective date starting on January 26, 2019 , up until the salary adjustment date will be paid according to Appendix F as a lump sum payment. In particular:
Rates of pay will be adjusted within 180 days from December 18, 2019 . Changes to rates of pay with an effective date starting on January 26, 2019 , up until the salary adjustment date will be paid according to Appendix F as a lump sum payment. In particular:
Rates of pay will be adjusted within 180 days from December 18, 2019 . Changes to rates of pay with an effective date starting on January 26, 2019 , up until the salary adjustment date will be paid according to Appendix F as a lump sum payment. In particular:
Rates of pay will be adjusted within 180 days from December 18, 2019 . Changes to rates of pay with an effective date starting on January 26, 2019 , up until the salary adjustment date will be paid according to Appendix F as a lump sum payment. In particular:
Rates of pay will be adjusted within 180 days from December 18, 2019 . Changes to rates of pay with an effective date starting on January 26, 2019 , up until the salary adjustment date will be paid according to Appendix F as a lump sum payment. In particular:
Rates of pay will be adjusted within 180 days from December 18, 2019 . Changes to rates of pay with an effective date starting on January 26, 2019 , up until the salary adjustment date will be paid according to Appendix F as a lump sum payment. In particular:
This appendix is to reflect the language agreed to by the Employer and the Union for the elimination of severance pay for voluntary separations (resignation and retirement) on November 21, 2013 . These historical provisions are being reproduced to reflect the agreed language in cases of deferred payment.
Article 28 Severance Pay
Effective on November 21, 2013 , clauses 28.02 and 28.03 are deleted from the collective agreement.
28.01
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.
28.03
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 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. Under no circumstances shall the maximum severance pay provided under this article be pyramided.
For greater certainty, payments made pursuant to clauses 28.06 and 28.09 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of clause 28.05.
28.06 Severance termination
28.07 Options
The amount to which an employee is entitled shall be paid, at the employee’s discretion, either:
28.08 Selection of option
28.09 Appointment from a different bargaining unit
This clause applies in a situation where an employee is appointed into a position in the AO bargaining unit from a position outside the AO bargaining unit where, at the date of appointment, provisions similar to those in clauses 28.02 and 28.03 are still in force, unless the appointment is only on an acting basis.
This memorandum of agreement is to give effect to the agreement reached between the Employer and the bargaining agent (hereinafter referred to as “the parties”) regarding issues of employee wellness.
The parties have engaged in meaningful negotiations and co-development of comprehensive Employee Wellness Support Program (EWSP) language and program design to capture the key features and other recommendations agreed to by the technical committee and steering committee, which is reflected in the Plan Document agreed to by the parties on May 26, 2019 .
The program and its principles focus on improving employee wellness and the reintegration of employees into the workplace after periods of leave due to illness or injury. The previous MOA identified the following key features:
The Plan Document approved on May 26, 2019 takes precedence over the principles, if there’s a difference in interpretation.
The parties agree to continue the work of the TBS / Bargaining Agent Employee Wellness Support Program (EWSP) Steering Committee, which will focus on finalizing a service delivery model for program implementation, including its governance, for the improvement of employee wellness and the reintegration of employees into the workplace after periods of leave due to illness or injury.
As required, the Steering Committee will direct a subcommittee to make recommendations on the overall implementation, service delivery and governance issues of the Program. As a first priority, the Steering Committee will develop a planning framework with timelines to guide work toward the timely implementation of the new EWSP. A governance model will be developed taking into account there will be only one (1) EWSP.
The Steering Committee will complete the necessary work on overall implementation, including service delivery and governance issues no later than March 21, 2020 , a date which can be moved based on mutual agreement of the parties.
If accepted by the Steering Committee, the recommendation(s) concerning program implementation, including service delivery and governance, as well as the proposal for the EWSP itself, approval will be sought on these elements from the Treasury Board of Canada and by the bargaining units.
If approved by both parties, the parties mutually consent to reopen the collective agreement to vary the agreement only insofar as to include the EWSP wording, and include consequential changes. No further items are to be varied through this reopener – the sole purpose will be EWSP-related modifications. The EWSP Program would be included in the relevant collective agreements only as a reopener.
Should the parties not be able to reach agreement on EWSP, the existing sick leave provisions, as currently stipulated in collective agreements, will remain in force.
For greater certainty, this MOA forms part of the collective agreement.
This is to confirm the parties understanding concerning the application of paragraphs 19.04(b) (overtime) and 23.07(a) (carry over of vacation leave) during the period that the Human Resources Information Notice entitled Vacation and Compensatory Leave Cash-out for years 2018 and 2019 issued on February 23, 2018 , and the addendum issued on March 22, 2018 , remain in effect.
The parties agree that notwithstanding clause 19.04 of the Article 19 (overtime) and paragraph 23.07(a) of Article 23 (vacation leave), payouts of earned but unused vacation leave credits and earned but unused compensatory leave credits, in accordance with the Notice concerning Vacation and Compensatory Leave Cash-out for years 2018 and 2019 issued on February 23, 2018 , and the addendum issued on March 22, 2018 , or any future addenda, will not be paid out automatically during the period the Notice and any relevant addenda remain in effect.
This memorandum is to give effect to the agreement reached between the Treasury Board and the Canadian Federal Pilots Association (CFPA) regarding employees within the Aircraft Operations (AO) bargaining unit.
As stipulated at clause 46.05 of the Aircraft Operations (AO) collective agreement, all changes to the Transport Canada (TC) Professional Aviation Currency Policy (PACP) and the Transportation Safety Board (TSB) Policy on CAI Professional Aviation Currency shall be accomplished by means of mutual agreement between the parties.
By way of this memorandum of agreement (MOA), the parties agree that TC and TSB representatives, and CFPA representatives, will meet within thirty (30) days of the signing of the tentative collective agreement to begin review of each organization’s respective PACP. The joint committee’s review will focus on the following objectives:
The joint committees will endeavour to complete their work and agree on any necessary changes to the PACPs by April 1, 2020 . This date may, by mutual agreement, be extended.
This memorandum takes effect on January 26, 2019 .
Notwithstanding the provisions of clause 21.03 on the calculation of retroactive payments and clause 54.03 on the collective agreement implementation period, this memorandum is to give effect to the understanding reached between the Employer and the Canadian Federal Pilots Association regarding a modified approach to the calculation and administration of retroactive payments for the current round of negotiations.
*(For greater certainty, “days after signature of agreement” means the effective date will be within the specified number of days from the date of the arbitral award, December 18, 2019 .)