2010-2014 Collective Agreement
COLLECTIVE AGREEMENT
between
@air transat
AIR TRANSAT A.T. INc.
and
FLIGHT CREW MEMBERS
AIR TRANSAT A.T. INC.
as represented by
AIR LINE PILOTS ASSOCIATION
May lSt,
2010
April 30,2014
2010-2014 Collective Agreement
Page 2 of 118
May 1st, 2011
2010-2014 Collective Agreement
Table of Contents
0.
PREAMBLE......................................................................................................................................11
0.1
0.2
0.3
0.4
0.5
0.6
1.
COLLECTIVE AGREEMENT...........................................................................................................11
OBJECTIVES .................................................................................................................................11
OBLIGATIONS ..............................................................................................................................11
OBLIGATIONS OF SUCCESSOR AND CHANGE IN OPERATIONS .....................................................11
NEW CLASSIFICATION .................................................................................................................11
AMENDMENTS TO THE COLLECTIVE AGREEMENT ......................................................................12
JURISDICTION AND SCOPE OF THE AGREEMENT ............................................................13
1.1
1.2
1.3
1.4
RECOGNITION OF THE ASSOCIATION ...........................................................................................13
FLIGHT DUTY RELEASE FOR ASSOCIATION ACTIVITIES .............................................................13
AIRCRAFTTYPE AND FLIGHTS .....................................................................................................14
LEASING ......................................................................................................................................14
2.
DEFINITIONS..................................................................................................................................15
3.
COOPERATION ..............................................................................................................................18
3.1
3.2
3.3
3.4
3.5
4.
SENIORITY......................................................................................................................................19
4.1
4.2
4.3
4.4
4.5
4.6
4.7
5.
SENIORITY LISTS .........................................................................................................................19
CORRECTION TO SENIORITY LISTS ..............................................................................................19
ATTRIBUTION OF SENIORITY NUMBER........................................................................................19
MOVEMENT OF PERSONNEL ........................................................................................................19
INACTIVE FCM............................................................................................................................20
LOSS OF SENIORITY STANDING AND EMPLOYMENT ...................................................................20
FCM RECRUITMENT ....................................................................................................................20
PROBATION ....................................................................................................................................21
5.1
5.2
5.3
6.
WITHHOLDING OF UNION DUES ..................................................................................................18
REMITTANCE OF DUES ................................................................................................................18
POSTING ......................................................................................................................................18
PRINTING AND TRANSLATION COSTS..........................................................................................18
TRANSPORTATION .......................................................................................................................18
PROBATIONARY PERIOD ..............................................................................................................21
EXTENSION OF THE PROBATIONARY PERIOD ..............................................................................21
REDUCTION OF THE PROBATIONARY PERIOD .............................................................................21
RULES GOVERNING ASSIGNMENTS .......................................................................................22
6.1
6.2
6.3
6.4
6.5
6.6
6.7
POSTING OF POSITIONS................................................................................................................22
BIDDING ......................................................................................................................................22
ASSIGNMENT OF PERMANENT POSITIONS ...................................................................................23
PROMOTION .................................................................................................................................24
TEMPORARY POSITIONS ..............................................................................................................25
PROVISIONAL POSITIONS.............................................................................................................25
BASE TRANSFER ..........................................................................................................................25
May 1st, 2011
Page 3 of 118
2010-2014 Collective Agreement
7.
LAYOFF AND CALL-BACK .........................................................................................................27
7.1
7.2
7.3
8.
REDUCTION OF PERSONNEL ........................................................................................................27
RECALL TO WORK .......................................................................................................................27
DECLINE OF RECALL ...................................................................................................................28
ANNUAL LEAVE.............................................................................................................................29
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
8.11
9.
GENERAL .....................................................................................................................................29
TERMINATION OF EMPLOYMENT OR LAYOFF .............................................................................29
POSTPONEMENT OF ANNUAL LEAVE...........................................................................................29
VACATIONS .................................................................................................................................31
LEGAL HOLIDAYS........................................................................................................................31
ANNUAL LEAVE - WEEKLY SCHEDULE .......................................................................................32
PROTOCOL FOR DRAWING UP ANNUAL LEAVE SCHEDULE.........................................................32
ALLOCATION OF VACATION DATES ............................................................................................33
SPLITTING VACATIONS AND LEGAL HOLIDAYS ..........................................................................33
ALLOCATION OF LEGAL HOLIDAY DATES ..................................................................................33
ATTACHING GDOS TO ANNUAL LEAVE ......................................................................................34
SICK LEAVE....................................................................................................................................35
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10
10.
FCMS’ RESPONSIBILITY ..............................................................................................................35
ELIGIBILITY .................................................................................................................................35
SICK LEAVE CREDITS ..................................................................................................................35
ABSENT FCMS ............................................................................................................................35
DEDUCTION .................................................................................................................................35
REMUNERATION ..........................................................................................................................35
MANAGEMENT OF THE SICK LEAVE CREDIT BANK ....................................................................35
TERMINATION OF EMPLOYMENT AND PRE-RETIREMENT ............................................................36
MEDICAL CERTIFICATE ...............................................................................................................36
DISABILITY ..................................................................................................................................37
LEAVE WITH NO LOSS OF SALARY....................................................................................38
10.1
10.2
10.3
10.4
11.
NUMBER OF DAYS GRANTED ......................................................................................................38
EXTENSION OF LEAVE .................................................................................................................38
REPATRIATION OF AN FCM ON DUTY .........................................................................................38
LEAVE TO ATTEND COURT ..........................................................................................................39
MATERNITY AND PARENTAL LEAVE................................................................................40
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
11.12
UNIFORM .....................................................................................................................................40
WORK DURING PREGNANCY .......................................................................................................40
MATERNITY LEAVE .....................................................................................................................40
PATERNITY LEAVE ......................................................................................................................40
PARENTAL LEAVE .......................................................................................................................40
REASSIGNMENT AND CHANGE IN DUTIES ...................................................................................41
RIGHT TO PREVENTIVE WITHDRAWAL .......................................................................................41
NOTICE ........................................................................................................................................42
RETURN FROM LEAVE .................................................................................................................42
BENEFITS .....................................................................................................................................42
CONSEQUENCES OF LEAVE..........................................................................................................42
LEGAL PROVISIONS .....................................................................................................................43
Page 4 of 118
May 1st, 2011
2010-2014 Collective Agreement
12.
UNPAID LEAVE..........................................................................................................................44
12.1
12.2
12.3
13.
GENERAL .....................................................................................................................................44
UNPAID LEAVE WITHOUT RECALL ..............................................................................................45
UNPAID LEAVE WITH RECALL.....................................................................................................45
PLANNING...................................................................................................................................46
13.1
13.2
13.3
13.4
13.5
13.6
13.7
13.8
14.
GENERAL .....................................................................................................................................46
DRAWING UP AND PUBLICATION OF PAIRINGS ...........................................................................46
FLIGHT BLOCK PARAMETERS......................................................................................................47
RESERVE BLOCK PARAMETERS...................................................................................................48
RESERVED GDOS ........................................................................................................................49
BIDDING PERIOD AND DRAWING UP FLIGHT BLOCKS ................................................................50
BIDDING PERIOD AND ALLOCATION OF RESERVE BLOCKS ........................................................51
PBS COMMITTEE .........................................................................................................................51
WORKING CONDITIONS.........................................................................................................53
14.1
14.2
14.3
14.4
14.5
14.6
14.7
14.8
14.9
14.10
14.11
14.12
14.13
14.14
14.15
14.16
14.17
14.18
15.
15.1
15.2
15.3
15.4
15.5
15.6
15.7
15.8
15.9
PERMANENT BASE AND ASSIGNMENT BASE ...............................................................................53
TEMPORARY BASE ......................................................................................................................54
BEGINNING AND END OF DUTY PERIOD ......................................................................................54
DUTY PERIOD ..............................................................................................................................54
EXTENSION OF DUTY PERIOD......................................................................................................55
DELAYS .......................................................................................................................................57
REST PERIOD ...............................................................................................................................57
PAIRINGS .....................................................................................................................................58
FLIGHT BLOCK CHANGES............................................................................................................58
AVAILABILITY OF FCMS ON A PAIRING OUTSIDE CANADA ........................................................58
RESERVE BLOCKS........................................................................................................................58
WORKING DURING A GDO ..........................................................................................................61
WORK DURING BLANK DAY .......................................................................................................62
FLIGHT TIME CREDITS (FTCS) ....................................................................................................62
WET LEASE, DAMP LEASE AND ACMI ........................................................................................63
CSD.............................................................................................................................................64
REASSIGNMENT/CHANGE IN PAIRING .........................................................................................65
RETURN TO WORK AFTER SICK LEAVE .......................................................................................66
PER DIEM AND EXPENSES ABSORBED BY THE COMPANY ........................................67
PER DIEM.....................................................................................................................................67
HOURLY RATE .............................................................................................................................67
WET LEASE, DAMP LEASE AND ACMI .......................................................................................68
LOST, STOLEN OR DAMAGED BAGGAGE / UNSCHEDULED TECHNICAL STOP ...............................68
ELIGIBILITY FOR MOVING EXPENSES..........................................................................................68
MOVING EXPENSES .....................................................................................................................68
CREW MEALS ..............................................................................................................................70
DOCUMENTS ................................................................................................................................70
PARKING FACILITIES ...................................................................................................................70
May 1st, 2011
Page 5 of 118
2010-2014 Collective Agreement
16.
ACCOMMODATION AND TRANSPORTATION .................................................................71
16.1
16.2
16.3
16.4
17.
ACCOMMODATION ......................................................................................................................71
ACCOMMODATION COMMITTEE ..................................................................................................71
SELECTION COMMITTEE ..............................................................................................................71
TRANSPORTATION .......................................................................................................................72
COMPENSATION .......................................................................................................................74
17.1
17.2
17.3
17.4
17.5
17.6
18.
GENERAL .....................................................................................................................................74
DATE SALARY CHANGE BECOMES EFFECTIVE ...........................................................................76
OVERTIME ...................................................................................................................................76
NEW FCMS ..................................................................................................................................76
SALARY SCALE ............................................................................................................................77
NIGHT PREMIUM..........................................................................................................................78
COMPENSATORY SALARY ....................................................................................................79
18.1
18.2
18.3
19.
FOLLOWING POSTING OF NOTICE................................................................................................79
FOLLOWING ASSIGNMENT OF AN FCM AS PROVISIONAL OR TEMPORARY CAPTAIN .................79
SALARY SCALE ............................................................................................................................80
FCM MANAGERS, CHECK FCMS AND FCM INSTRUCTORS ........................................81
19.1
19.2
19.3
19.4
19.5
19.6
19.7
19.8
20.
APPOINTMENT OF AN FCM MANAGER .......................................................................................81
APPOINTMENT OF A CHECK FCM AND THE FCM GROUND TRAINING MANAGER .....................81
TRANSFER....................................................................................................................................82
RETURN ON-LINE ........................................................................................................................82
PLANNING ....................................................................................................................................82
COMPENSATION ...........................................................................................................................82
WORKING CONDITIONS ...............................................................................................................83
FCM GROUND TRAINING MANAGER ..........................................................................................83
NEW AIRCRAFT TYPE.............................................................................................................84
20.1
20.2
21.
GENERAL .....................................................................................................................................84
CONTRACTUAL FCMS .................................................................................................................84
TRAINING....................................................................................................................................85
21.1
21.2
21.3
21.4
21.5
21.6
21.7
21.8
21.9
21.10
21.11
22.
22.1
22.2
23.
GENERAL .....................................................................................................................................85
FAILURE.......................................................................................................................................85
PROTOCOL IN CASE OF NON-RECOMMENDATION OR FAILURE ...................................................85
MEDICAL EXAMINATION .............................................................................................................88
NON-QUALIFICATION FOR THE POSITION OF CAPTAIN................................................................88
DISCRETIONARY DECISION BY THE COMPANY ...........................................................................89
CHANGE OF FCM INSTRUCTOR OR CHECK FCM ........................................................................89
COMPENSATION ...........................................................................................................................89
TRAINING COMMITTEE ................................................................................................................89
COLLECTIVE AGREEMENT PRESENTATION TO NEW FCMS ........................................................89
TEST FLIGHT ................................................................................................................................89
ACCIDENT/INCIDENT..............................................................................................................92
STATEMENT .................................................................................................................................92
INVESTIGATION ...........................................................................................................................92
DATA RECORDER.....................................................................................................................94
Page 6 of 118
May 1st, 2011
2010-2014 Collective Agreement
24.
24.1
24.2
25.
25.1
25.2
25.3
26.
26.1
26.2
27.
27.1
27.2
MEDICAL EXAMINATION AND ASSESSMENT REVIEW PROCEDURES ...................95
GENERAL .....................................................................................................................................95
ASSESSMENT REVIEW PROCEDURES ...........................................................................................95
INSURANCE ................................................................................................................................97
GENERAL .....................................................................................................................................97
SUMMARY OF BENEFITS ..............................................................................................................97
INSURANCE COVERAGE WHILE ON UNPAID LEAVE ....................................................................98
RETIREMENT AGE ...................................................................................................................99
PAIRING ASSIGNMENTS ...............................................................................................................99
POSITION ASSIGNMENTS .............................................................................................................99
RETIREMENT PLAN...............................................................................................................100
GENERAL ...................................................................................................................................100
RETIREMENT COMMITTEE .........................................................................................................100
28.
PROFIT SHARING PLAN .......................................................................................................101
29.
TRAVEL PRIVILEGES (INTERLINE POLICY) .................................................................102
29.6
30.
30.1
30.2
31.
31.1
31.2
31.3
32.
32.1
32.2
32.3
32.4
33.
33.1
33.2
33.3
34.
34.1
34.2
34.3
35.
35.1
35.2
36 .
OCCUPANCY POLICY FOR THE JUMPSEAT .................................................................................102
DISCIPLINARY MEASURES AND DISMISSAL .................................................................103
INVESTIGATION .........................................................................................................................103
DISCIPLINARY MEASURE ..........................................................................................................103
GRIEVANCES AND ARBITRATION ....................................................................................104
GENERAL ...................................................................................................................................104
GRIEVANCE SETTLEMENT PROCEDURE ....................................................................................104
ARBITRATION ............................................................................................................................104
UNIFORM AND ACCESSORIES............................................................................................106
DESCRIPTION AND DURATION ...................................................................................................106
COST ..........................................................................................................................................106
ALLOWANCES FOR SUPPLIES, CLEANING AND/OR SHOES.........................................................107
DEPARTURE OF AN FCM ...........................................................................................................107
WAR, HOSTAGE-TAKING, HIJACKING, INTERNMENT OR DISAPPEARANCE ....108
COMPENSATION.........................................................................................................................108
REQUESTS FOR INSTRUCTIONS ..................................................................................................108
REQUEST FOR INSTRUCTIONS FORM .........................................................................................108
LEGAL MATTERS ...................................................................................................................110
LEGAL DEFENCE AND OPINION .................................................................................................110
FCM FILES ................................................................................................................................110
LEGAL MATTER .........................................................................................................................110
TEMPORARY FCMS ...............................................................................................................111
GENERAL ...................................................................................................................................111
OVERTIME .................................................................................................................................111
LEFT BLANK INTENTIONNALLY.......................................................................................112
May 1st, 2011
Page 7 of 118
2010-2014 Collective Agreement
37.
REDUCED MONTHLY FLYING HOUR PROGRAM (RMFP)..........................................113
37.1
37.2
37.3
37.4
37.5
37.6
37.7
37.8
37.9
38.
PREAMBLE .................................................................................................................................113
ELIGIBILITY ...............................................................................................................................113
DURATION AND APPLICATION...................................................................................................113
PROGRAM AVAILABILITY..........................................................................................................113
RESERVE BLOCKS......................................................................................................................113
REDUCED MONTHLY FLYING HOUR PROGRAM PARAMETERS .................................................113
COMPENSATION .........................................................................................................................113
WITHDRAWAL ...........................................................................................................................114
FLIGHT SCHEDULES AT REDUCED HOURS ................................................................................114
WORK SHARING PROGRAM ...............................................................................................115
38.1
38.2
38.3
38.4
38.5
38.6
38.7
38.8
38.9
38.10
39.
39.1
39.2
40.
PREAMBLE .................................................................................................................................115
ELIGIBILITY ...............................................................................................................................115
DURATION AND APPLICATION...................................................................................................115
PROGRAM EXTENSION...............................................................................................................115
WORK SCHEDULE ......................................................................................................................115
COMPENSATION .........................................................................................................................115
SERVICE TIME ...........................................................................................................................115
INSURANCE ................................................................................................................................116
TRAVEL PRIVILEGES .................................................................................................................116
WITHDRAWAL ...........................................................................................................................116
ASIA ............................................................................................................................................117
GENERAL ...................................................................................................................................117
WET LEASE, DAMP LEASE OR ACMI........................................................................................117
TERM OF THE COLLECTIVE AGREEMENT ...................................................................118
Page 8 of 118
May 1st, 2011
2010-2014 Collective Agreement
APPENDIX
A
B
C
D
E
F
G
H
I
J
K
L
Seniority List
Seniority – Evaluation Scale
Minimum Qualifications Required
Notice of Positions to be filled
Letter of Preference
Application for Evaluation for Promotion
Hotel Accomodations – Evaluation Grid
Request Form for Unpaid Leave
Reduced Monthly Flying Hour Program (RMFP)
Work Sharing Program (WSP)
Form – Submit a Complaint
Employee Guide Illness Away from Hom Base
LETTERS OF UNDERSTANDING
The following Letters of Understanding are renewed, with relevant amendments if required:
1
2
3
7
8
--12
17
19
24
Night flights to the Azores and Hawaii
Structuring of Pairings
U.S. Department of Justice Waiver Requirement
Flight Data Monitoring (FDM) Program
Line Operations Safety Audit – LOSA
Jumpseat Allowance
Leasing of aircraft with Crew (Wet Lease)
Non-punitive safety reporting and investigation process
Obtaining of a permanent Captain position with a change of base
Working conditions applicable to pilots participating in the HAJJ Operations
The following Letters of Understanding are added:
25
26
27
28
29
30
31
Study for Establishing Early Retirement Terms
Job Security
Allocation of Hotel Rooms
Introduction of narrow body aircraft (B-737NG, A-320)
2010 collective bargaining and demands from the Association respecting the
upgrading of the PBS system, the introduction of FRMS regulations to flight
programs and the implementation of a Virtual Operations Center.
Modification Of Parameters For Yul-Pvr-Yul Flight Or Similar Flight With Nighttime
Departure From Yul
Compliance of Collective Agreement to CARs
May 1st, 2011
Page 9 of 118
2010-2014 Collective Agreement
Page 10 of 118
May 1st, 2011
2010-2014 Collective Agreement
0.
PREAMBLE
0.1
Collective Agreement
This Collective Agreement is entered into between Air Transat A.T. Inc., doing business under
the name of Air Transat (the “Company”) and the Flight Crew Members (“FCM”) employed by
Air Transat A.T. Inc., as represented by the Air Line Pilots Association (ALPA) (“the
Association”).
0.2
Objectives
The purpose of this Collective Agreement is to make the parties involved aware of the need to
recognize and promote air transport safety standards, the Company’s economic objectives and the
highest quality customer service. The parties acknowledge that compliance with this Collective
Agreement and the development of a spirit of cooperation are essential to the pursuit of standards
of excellence that will be beneficial to both the interests of the public and the parties concerned.
0.3
Obligations
For the period of this Collective Agreement, the Company and the Association undertake to
comply fully with the procedures set out in this Collective Agreement and the Canada Labour
Code with respect to the peaceful settlement of disputes. The Association undertakes not to call
for a strike or work stoppage and the Company undertakes not to engage in any lock-out.
The employer will not practise any discrimination based on reasons that are prohibited under the
Canadian Human Rights Act.
0.4
Obligations of Successor and Change in Operations
Should the Company change ownership, merge with another company, alter its corporate legal
identity in any way whatsoever, including the setting up of a subsidiary or combining with one or
more other airlines, sell or transfer its assets in whole or in part, this Collective Agreement shall
remain in full force and effect, and the Canadian Industrial Relations Board certificate in effect at
that time shall not be affected in any way, unless provisions to the contrary are contained in
applicable legislation.
0.5
New Classification
The following procedure shall apply in the event the Company wishes to introduce a new FCM
classification:
0.5.1
The Company shall inform the Association of its intention, in writing;
0.5.2
The Company and the Association shall commence discussions on the application of
sections:
•
•
•
•
•
0.5.3
May 1st, 2011
2, Definitions
17, Compensation
21, Training
Appendix “C”, Minimum Qualifications Required
Any other relevant section
If the parties cannot reach agreement within thirty (30) days from the date of the
written notification stipulated in section 0.5.1, the dispute shall be referred to
arbitration;
Page 11 of 118
2010-2014 Collective Agreement
0.6
0.5.4
If both parties cannot reach agreement on the choice of an arbitrator, they shall apply
to the Minister of Labour who will appoint an arbitrator;
0.5.5
The arbitrator’s decision shall be final and binding on both parties;
0.5.6
The Company may not introduce a new classification before the parties reach
agreement or the arbitrator has handed down a decision. In the latter case, the
Collective Agreement shall be amended to reflect the decision of the arbitrator.
Amendments to the Collective Agreement
Only written amendments to the Collective Agreement shall be valid. The parties acknowledge
that any modification or letter of agreement must be duly signed by the president of the
Association in compliance with the Constitution of the Association. It is also agreed upon that any
modification or letter of agreement must also be approved by the chief executive officer of the
Company.
Page 12 of 118
May 1st, 2011
2010-2014 Collective Agreement
1.
JURISDICTION AND SCOPE OF THE AGREEMENT
1.1
Recognition of the Association
1.2
1.1.1
In accordance with the Canadian Industrial Relations Board certification issued on
May 10, 1999, the Company shall recognize the Air Line Pilots Association as the
sole bargaining agent representing Flight Crew Members in its employ that has the
power to bargain and conclude an agreement with the Company.
1.1.2
The Association acknowledges that it is the Company’s exclusive responsibility to
manage, direct and administer its affairs, business and employees, the specific
provisions and recognized practices of this Collective Agreement being the sole
exception. Any right of the Company that has not been specifically entrenched,
delegated or restricted by this Collective Agreement shall be the exclusive
responsibility of the Company. In addition, the Company acknowledges that it shall
exercise its management rights in a fair and equitable manner.
1.1.3
Any instruction or agreement between the Company and an FCM, made in
accordance with the provisions of this Collective Agreement, shall be the subject of a
written document, with a copy to the Association. Individual agreements on working
conditions that differ from or are not provided for in this Collective Agreement shall
be invalid.
Flight Duty Release for Association Activities
1.2.1
The Company recognizes the role of the Association’s representatives with respect to
union activities. The representatives shall be duly identified by the Association, with
written notification to the Company. In addition, the Association shall advise the
Company, in writing, of any change in its representation, including the addition or
withdrawal of representatives.
1.2.2
So that the Association may carry out union activities, the Company shall allocate a
bank of 2,040 Flight Time Credits (FTC) on November 1 each year. The balance of
hours as at October 31 shall be carried over to the following year. The bank shall be
administered by the Association’s Master Executive Council (MEC).
1.2.3
The Company undertakes to fully release one MEC member so that he may manage
union activities. Any MEC member released full-time may be allocated a maximum
of thirty-five (35) FTC per month, based on the Company’s operational needs. Should
an unforeseen operational situation occur, the Company and the Association shall
cooperate in order to ensure the smooth functioning of flight operations. When MEC
members are released in this manner, they shall receive their regular salary and the
Company shall assume one hundred percent (100%) of the related salary costs.
May 1st, 2011
Page 13 of 118
2010-2014 Collective Agreement
1.3
1.2.4
With respect to the FTC bank provided for in section 1.2.2, the MEC may request the
release, with no loss of salary, of FCM members of the Association so that they may
attend to various union matters (maximum 2,500 FTC per year). However, releases
granted to members of the Bargaining Committee in the twelve (12) months
preceding the expiry of the Collective Agreement shall not be subject to the annual
ceiling of 2,500 FTC. Requests for flight release shall be granted by the Company
based on its operational needs. The FCM so released shall be entitled to credits for
union activities, in accordance with section 14.14.1, for each day during which he is
released from flying duties, provided that such credit does not occasion overtime
payments to the said FCM. FTC allocated for union activities are calculated in the
FCM’s monthly total when compiling his flight block.
1.2.5
All released FCMs shall be responsible for flying the minimum number of hours
required to maintain their qualification.
1.2.6
The Association shall form a Bargaining Committee for purposes of renewing the
Collective Agreement. Members of this committee shall be entitled to credits for
union activities, under section 14.14.1, for each day spent in the preparation and
negotiation of the new Collective Agreement. The number of committee members
eligible for such credits shall be limited to three (3) and the Company shall not be
required to release more than three (3). Any additional needs shall be subject to an
agreement between the parties. Twelve (12) months prior to the expiry of the
Collective Agreement, the Company shall add 765 FTC to the bank stipulated in
section 1.2.2. Hours devoted to bargaining sessions shall not be deducted from the
bank.
1.2.7
When Association representatives are required to leave their base for Association
purposes, they shall be entitled to free round-trip travel on the Company’s network,
on a contingency basis and in accordance with the Company’s regulations and any
other Interline benefit normally available to any other employee.
1.2.8
The Company acknowledges the continuation of the current practice concerning the
Association’s administrative space.
AircraftType and Flights
Refers to all aircraft used by the Company Air Transat A.T. Inc. as part of its airline operation.
1.4
Leasing
Notwithstanding the foregoing, the Company may:
1.4.1
On an occasional basis, subcontract from time to time part or all of a charter or
regular flight to another carrier, or
1.4.2
Lease one or more aircraft and crews, on a temporary basis, provided that such
leasing is entered into for reasons beyond the Company’s control (weather conditions,
mechanical failure, force majeure) and that it does not exceed sixty (60) days.
Page 14 of 118
May 1st, 2011
2010-2014 Collective Agreement
2.
DEFINITIONS
The terms used in this Collective Agreement have the following meanings:
ACMI, “Wet lease” and
“Damp lease”
Active Service
Annual Leave
Association
Blank Day
Bumping
Business Class Seat
Calendar Day
Calendar Year
Captain
Check FCM
Classification
Company
Continental Flight
CSD (French: BADE)
Deadheading
Demotion
Duty Period
Equipment
FCM Instructor
FCM Manager
FDO
First Revenue Flight
Flight
Flight Block
Flight Crew Member (FCM)
May 1st, 2011
Any rotation operated by Air Transat’s FCMs on an occasional and/or
irregular basis.
Period during which an FCM is available for work, including training,
GDOs and annual leave.
FCMs’ vacation days or statutory holidays.
Air Line Pilots Association (ALPA)
Calendar day on which an FCM is at his base with no activity of any
kind scheduled in his Flight Block.
Action whereby a more senior FCM displaces a more junior FCM from
the latter’s position.
Seat for which reservation is Class J or equivalent.
The 24-hour period from midnight to midnight.
Period extending from January 1 to December 31 of a given year
Pilot responsible for the flying and safety of an aircraft during flight
duty time.
FCM who holds a full-time position as a Check Pilot as defined in the
Company’s Operating Manual.
Assignment of an FCM as Captain or Second in Command.
Air Transat A.T. Inc., having its head office at 5959 de la Côte-Vertu
Blvd., Saint-Laurent QC H4S 2E6
All flights within Canada and those to or from the United States
(except Hawaii), the Caribbean, Mexico, Central America, Venezuela
and Colombia.
Crew Scheduling Department
Movement of an FCM as a passenger by the means of transport
provided by the Company.
Change in classification from Captain to Second in Command.
Continuous period of time during which an FCM is flying,
deadheading or a combination of these.
All types of aircraft operated by the Company in its flight operations
FCM who acts as a Flight Instructor, Ground Instructor or Simulator
Instructor, excluding Check FCMs.
FCM who holds the position of Vice President - Flight Operations,
Director of Flight Operations, Chief Pilot or Chief Flight Engineer.
Floating day off per month.
The first flight during which an FCM carries out his new duties, in
accordance with his classification, without being supervised by an
FCM Instructor or Check FCM.
Flight during which an FCM carries out his duties as Pilot or Flight
Engineer.
Monthly flight schedule of an FCM, comprising such activities as
pairings, deadheading, training, blank days, GDOs, annual vacation
and other authorized leave.
A Captain, Second in Command with a working knowledge of
Canada’s two official languages.
Page 15 of 118
2010-2014 Collective Agreement
Flight Duty Time
Flight Operations
Flight Time
Flight Time Credit (FTC)
(French: CHV)
Founding Member
GDO
Hiring Date
Hiring Group
Hourly Rate
Inactive FCM
International Flight
Involuntary Transfer
IOU
Layoff
MEC
Month
Month Worked
New Position
Night Duty Period
Overseas Flight
Pairing
Permanent Base
Permanent Position
Pilot
Position
Posting
Page 16 of 118
Period which starts when an FCM presents himself for work for
purposes of flying or deadheading or simulator training, and which
ends fifteen (15) minutes after the arrival of the last flight during the
duty period.
All flights operated by aircraft registered in Canada and owned or
leased by Air Transat.
Period between removal of the chocks at the ramp and insertion of the
chocks upon arrival at the ramp.
Hourly units used for calculating FCM remuneration
An FCM who participated financially in the creation of Air Transat
and whose name appears on the Shareholders Agreement dated May 2,
1987.
Guaranteed day off per month.
The first day of employment with the Company for which an FCM is
paid.
A group of FCMs having the same hiring date.
Amount based upon the yearly salary set out in section 17.5, divided
by 1020.
An FCM who carries out full-time administrative functions consisting
of activities other than pairings.
All flights that are not continental.
Action of transferring an FCM from one position to another, against
his will.
Leave day deferred to a later date.
Loss of employment for an unspecified period, with right of recall.
Master Executive Council
Unit of time equal to each of the twelve (12) calendar months, except
for
a) January:
January 1 to 30
b) February: January 31 to March 1
c) March:
March 2 to 31
Month in which an FCM has been on active service for at least sixteen
(16) days.
Permanent position to be filled following the addition of aircraft or an
increase in the number of crew assigned to an aircraft type.
Period during which an FCM is on duty at 3 a.m. local time at the
point of origin.
Flights that cross meridian 30° W or 150° W.
Period between the times an FCM presents himself for work at his
base for a flight or a combination of D/Hs and flights and the time he
starts a rest period at his base.
Year-round operating base located in Canada.
Position effective for more than six (6) months per calendar year.
A Captain or Second in Command
Classification and aircraft type.
Process whereby the Company publishes the list of vacancies and/or
new positions in order to fill them, based on FCMs’ letters of
preference.
May 1st, 2011
2010-2014 Collective Agreement
PPC
Pre-retirement
Probationary Period
Promotion
Provisional Position
Reserve Block
Reserve Pairing
Rest Period
Second in Command
Service Time
Sick Leave
Spouse
Temporary Position
Termination
Threshold
Time Difference
Type
Unforeseen Operating
Circumstances
Vacancy
Working Day
May 1st, 2011
Pilot proficiency check
Situation where an FCM uses sick leave credits accumulated in his
bank, thus allowing him to stop working until his retirement date. The
employment contract is still in effect during this period and the FCM
continues to receive the benefits associated therewith.
Period during which the Company evaluates a new FCM’s ability to
fill a position.
Change in classification from Second in Command to Captain.
Permanent position provisionally held by a substitute FCM.
Monthly schedule of an FCM on reserve.
Series of reserve periods occurring away from the FCM’s base.
Continuous period of time during which an FCM is released from all
duties or professional responsibilities.
FCM who assists or replaces the Captain during flight duty time.
Time accumulated by an FCM from the date he was hired, excluding
unpaid leave and layoffs. An FCM who is absent because of disability
ceases to accumulate service time after six (6) consecutive months’
disability.
Period during which an FCM is absent from work because of illness,
injury or a condition that renders him unable to carry out his duties.
a) Two persons who have been married in a religious or civil
ceremony, and who live together, or
b) Two persons of the same or different sexes, who live as a married
couple and are the mother or father to the same child, or
c) Two persons of the same or different sexes, who have been living
together for at least one (1) year.
Position effective for a period equal to or less than six (6) months per
calendar year.
Departure from the Company of an FCM for one of the following
reasons: own initiative, decision of the employer or force majeure
(closing down of Company, sickness, industrial accident, age), thus
terminating the service contract.
Standing on the Seniority List used to determine whether the FCM is
protected at his base, regardless of his position (classification and
aircraft type).
The difference in time between the zone in which the duty period
begins and the zone where the duty period ends.
Manufacturer’s aircraft model designation (e.g. A-310, A-330, etc.)
Events which are unforseeable and beyond the Company’s control
such as, but not limited to, unexpected adverse weather conditions,
mechanical failure of equipment, delays in air traffic control.
Permanent position to be filled as the result of the non-qualification or
departure of an FCM. Departure is deemed to mean resignation,
retirement, layoff or dismissal.
Calendar day on which an FCM is on a pairing, on reserve, in training
or performing any other duties assigned by the Company.
Page 17 of 118
2010-2014 Collective Agreement
3.
COOPERATION
3.1
Withholding of Union Dues
3.2
3.1.1
The Company shall deduct Association dues from the salary of all FCMs (whether
members of the Association or not), except for contractual FCMs.
3.1.2
The amount to be collected is set by the Association and remains the same for the
period of this Collective Agreement, unless the Association changes it in accordance
with its statutes and bylaws. In such case, the Company shall be informed, in writing,
at least thirty (30) days before such change becomes effective.
3.1.3
The Company undertakes to deduct dues only for those FCMs on the payroll for the
current period.
Remittance of Dues
The total Association dues deducted from FCMs’ salaries, together with a statement showing the
individual deductions, shall be remitted to the Association no later than the 15th of the following
month.
3.3
Posting
The Company shall allow the Association to post notices or memos concerning Association
members on bulletin boards provided for this purpose at each base.
3.4
Printing and Translation Costs
The Company shall assume all costs for printing the Collective Agreement. Translation costs shall
be shared equally between the Company and the Association. Both English and French versions
are official texts but, should any disparity occur, the French text shall govern.
3.5
Transportation
Association delegates who are to meet with Company representatives shall, if required, be entitled
to free round-trip transportation on the Company’s network on a contingency basis in accordance
with the regulations in effect and any other Interline benefit normally made available to
employees.
Page 18 of 118
May 1st, 2011
2010-2014 Collective Agreement
4.
4.1
4.2
4.3
SENIORITY
Seniority Lists
4.1.1
The Company shall maintain the Seniority Lists. The list shall be published twice
yearly, on the first day of December and the first day of July, with a copy to the
Association. Within seven (7) days following their publication, the lists shall be
posted in clear view at each permanent base and remain there until replaced by
updated lists.
4.1.2
Only Pilots whose names appear on the respective Seniority Lists (Appendix “A”) are
authorized to operate aircraft used by the Company in its flight operations, subject to
sections 1.4, 20.2.1 and chapter 35, Temporary FCMs.
4.1.3
The lists shall show the seniority standing, name, permanent position if one is held,
base and hiring date of all permanent FCMs employed by the Company. The names
of temporary FCMs, as set out in chapter 35, Temporary FCMs, and those hired on a
contract basis under section 20.2.1 shall not appear on the Seniority Lists.
Correction to Seniority Lists
4.2.1
An FCM shall have thirty (30) days following posting of the seniority lists to contest,
in writing, any error or omission relating to him. If the FCM is absent from his base
or on leave at the time the list is posted, he shall have thirty (30) days from his return
to his base to contest.
4.2.2
Errors or omissions on these lists may be contested later when subsequent lists are
posted. Typographical errors, however, may be corrected at any time.
Attribution of Seniority Number
The seniority of FCMs is already established (Appendix “A”) and agreed to by the Company and
the Association. All new FCMs shall be added at the end of their respective lists (Pilots/Flight
Engineers), in accordance with the following:
4.4
4.3.1
FCMs who successfully complete their initial training shall receive a seniority
standing based on their hiring date.
4.3.2
When two (2) or more FCMs have the same date of employment, their standing in the
seniority list shall be based on their experience, as determined by an evaluation scale
(Appendix “B”). The FCM with the highest marks receives the highest standing.
4.3.3
If two (2) or more FCMs obtain the same evaluation, their standing shall be based on
total flying hours (Pilots) or total years of experience (Flight Engineers).
4.3.4
Notwithstanding section 4.3.1, the seniority standing of a Flight Engineer who
successfully moves to a position of Second in Command but does not have reserved
seniority on the Pilots’ list shall be the date on which he commenced his training as a
Second in Command.
Movement of Personnel
Subject to the provisions of chapter 6, Rules Governing Assignments and the minimum required
qualifications stipulated in Appendix “C”, the movement of FCMs is governed by seniority in all
cases of promotion, demotion, layoff, recall, base transfer, change in aircraft type, involuntary
transfer and bumping.
May 1st, 2011
Page 19 of 118
2010-2014 Collective Agreement
4.5
4.6
Inactive FCM
4.5.1
An inactive FCM retains his seniority standing.
4.5.2
Upon returning from an absence under section 4.5.1, the FCM may exercise his right
to bump an FCM with lower seniority.
Loss of Seniority Standing and Employment
An FCM shall lose his seniority standing and employment when:
4.7
4.6.1
He is dismissed, or
4.6.2
He resigns, or
4.6.3
He refuses recall, in accordance with section 7.3.2, or
4.6.4
He neglects to answer a recall, in accordance with section 7.2.3, or
4.6.5
He does not present himself for work, in accordance with section 7.2.6, or
4.6.6
He does not comply with section 7.1.4, or
4.6.7
The type of situation set out in section 12.1.4 occurs, or
4.6.8
He is laid off for more than sixty (60) consecutive months.
4.6.9
He retires.
FCM Recruitment
4.7.1
The Association shall delegate a member to sit on the Selection Committee when new
FCMs are being recruited. The Company shall at no time interview candidates
without an Association representative being present.
4.7.2
The Company shall inform the Association of interview dates at least seven (7) days
beforehand. The FCM delegated by the Association shall be entitled to union activity
credits, under section 14.14.1, for each day he attends such interviews.
Page 20 of 118
May 1st, 2011
2010-2014 Collective Agreement
5.
PROBATION
5.1
Probationary Period
All new FCMs shall be subject to a probationary period of twelve (12) months of active service
starting from the date of hiring. During this period, the Company reserves the exclusive right to
dismiss the FCM. Should this occur, it shall give him the reasons for his dismissal, in writing with
a copy to the Association. The FCM can then avail himself of the provisions set out in Chapter 31,
Grievances and Arbitration.
5.2
Extension of the Probationary Period
The Company may extend an FCM’s probationary period by a maximum of six (6) months. The
Company shall inform him of the reasons for such extension, in writing with a copy to the
Association. In addition, the FCM shall meet with his immediate superior to discuss the situation.
An Association representative shall attend this meeting, unless the FCM decides otherwise.
5.3
Reduction of the Probationary Period
The Company may shorten the probationary period of an FCM whose services are considered
satisfactory.
May 1st, 2011
Page 21 of 118
2010-2014 Collective Agreement
6.
RULES GOVERNING ASSIGNMENTS
6.1
Posting of Positions
6.1.1
All permanent positions to be filled, whether vacant or new, vacated by a retired
FCM, an FCM on sick leave for two (2) years or more, or in the context of a base
transfer offered by the company, shall be posted. A “Notice of Positions to be Filled”
(Appendix “D”) shall be posted in crew rooms at each base for twenty (20)
consecutive days. The posting of the Notice ends on the 20th day at 2359 hours,
Montreal time. It shall contain the following information:
¾
Opening and closing date of the Notice
¾
Description of the position (classification and aircraft type)
¾
Base assigned
¾
Number of positions to be filled
¾
Date position becomes effective
¾
Total number of positions on aircraft type
¾
Total number of positions on all other types of aircraft
An electronic version of the Notice shall be sent to the Association. This provision
does not have the effect of forcing the the Company to fill any vacated position.
6.2
6.1.2
An FCM who is away and who wants to be informed of possible postings shall
inform his immediate superior of the address and telephone number where he can be
contacted. The Company shall make the necessary effort to contact him.
6.1.3
If a position is vacant, the “Notice of Positions to be Filled” must be posted no later
than thirty (30) days following the date on which the vacancy occurred.
6.1.4
The interval between the closing date of the Notice and the date the position comes
into effect shall be no more than one hundred and twenty (120) days.
6.1.5
The Company shall publish the results of the Notice posted within fifteen (15) days of
the closing date, together with transfers.
6.1.6
A retiring FCM’s permanent position shall be posted at least two (2) months prior to
the retired FCM’s expected departure date if the date is known at that moment.
6.1.7
The FCM who is granted a position following a posting due to the absence of an
FCM on sick leave for a period longer than 24 months is not bumped if the latter
should become able to exercise his functions again.
Bidding
6.2.1
Each FCM shall maintain a current letter of preference (Appendix “E”) that shall
serve, on a continuous basis, as his bid for any postings. The FCM may modify it at
any time by means of a new letter of preference.
6.2.2
The FCM shall forward his letter of preference to his immediate superior (Chief Pilot
or Chief Flight Engineer).
6.2.3
After dating and signing the letter of preference, the FCM’s immediate superior shall
return one copy to him.
Page 22 of 118
May 1st, 2011
2010-2014 Collective Agreement
6.3
6.2.4
The Company shall send the Association a copy of all letters of preference, duly
signed and dated.
6.2.5
If the FCM has no letter of preference in his file, it is taken for granted that he wishes
to retain his position.
6.2.6
Subject to section 6.2.5, only letters of preference submitted before the closing of the
Notice shall be taken into consideration.
Assignment of Permanent Positions
6.3.1
Permanent positions are assigned, in order of seniority, to FCM’s who have submitted
their application by means of a letter of preference, regardless of their base. However,
the following restrictions shall apply:
6.3.1.1
The assignment of a permanent position must not result in bumping.
6.3.1.2
An FCM shall remain on his aircraft type for the first three years of his
assignment. This freeze period shall start on the date of his first flight on
that type.
6.3.1.3
Section 6.3.1.2 notwithstanding, an FCM involuntarily transferred to
another aircraft type shall benefit from a reduced freeze period
depending on his new assignment – i.e.:
A-330 24 months
A-310 12 months
6.3.1.4
Section 6.3.1.2 notwithstanding, an FCM eligible for promotion shall benefit from a
reduced freeze period depending on his current assignment – i.e.:
A-330 24 months
A-310 12 months
6.3.1.5
To be eligible for a change in aircraft type, FCMs shall have completed
the freeze period at the date the position published in the “Notice of
Positions to be Filled” becomes effective.
6.3.1.6
If the assignment of a position does not result in a recall, the Company
may put aside seniority and assign the permanent position to a working
FCM with lower seniority than an FCM who has refused a recall.
6.3.2
An FCM who obtains a change in position shall be so informed in writing, and a copy
of the letter shall be forwarded to the Association.
6.3.3
No new posting shall be generated by the positions that become vacant during an
assignment process; they are filled using letters of preference valid at the time of the
closing of the “Notice of Positions to be filled” that resulted in the situation.
6.3.4
If, at the end of an assignment process, some positions have not been filled because of
a lack of candidates, the Company reserves the right to fill them either by involuntary
transfer, by recall or, in the absence of laid-off FCMs, by hiring new FCMs.
Involuntary transfers shall be in reverse order of seniority. However, the Company
shall not be required to involuntarily transfer FCMs who have not ended their
probationary or reduced freeze periods.
May 1st, 2011
Page 23 of 118
2010-2014 Collective Agreement
6.3.5
When there is a change in position, only the FCM’s letter of preference is used to
determine whether he has been transferred involuntarily, regardless of his seniority or
the positions available. An FCM is considered to have been transferred involuntarily
when the position assigned to him corresponds to a choice lower than his current
position. There is no involuntary transfer if the position obtained corresponds to a
choice higher than his current position.
Example:
6.3.6
6.4
An FO A-330 indicates the following choices in his letter of preference:
1st choice: CAPT A-330
2nd choice: CAPT A-310
3rd choice: FO A-330
4th choice:
FO A-310
If he obtains a position as CAPT A-330 or CAPT A-310, there is no involuntary
transfer. However, if he is assigned a position as FO A-310, it is an involuntary
transfer. He will then have a reduced freeze period on the A-310.
When an aircraft type is completely withdrawn from the fleet, all FCMs assigned to
such aircraft are considered to be involuntarily transferred to their new aircraft type.
Promotion
6.4.1
To be eligible for promotion to Captain, the following Second in Commands must
obtain a positive appraisal:
6.4.1.1
Second in Commands who have never been Captains for Air Transat.
6.4.1.2
Second in Commands who have lost their position as Captain because of
non-qualification.
6.4.2
Appraisal of a Second in Command for promotion to Captain shall be carried out by
his Chief Pilot or a Check FCM, who shall act as a designated examiner during the
pilot proficiency check (PPC) that follows the request for appraisal. The Chief Pilot
determines whether the appraisal is positive, taking into account the candidate’s
overall training record with emphasis on performance during the most recent PPC. If
needed, a line check-flight can be carried out.
6.4.3
To be eligible for promotion to Second in Command, Flight Engineers shall obtain a
positive appraisal in accordance with the provisions set out in Chapter 36.
6.4.4
Second in Commands who require appraisal under section 6.4.1 shall submit an
application to their Chief Pilot on the appropriate form (Appendix “F”), in accordance
with one of the following:
Page 24 of 118
6.4.4.1
If it is the first application, the Second in Command who expects to
achieve, to the nearest two hundred and fifty (250) hours, the minimum
qualifications required at Appendix “C” when his pilot proficiency check
expires, shall submit his application at least thirty (30) days before the
date scheduled for such proficiency check on a simulator. If he fails to do
this, he shall await his next proficiency check to be appraised.
6.4.4.2
A Second in Command who fails to pass shall submit a new application
at the expiry of the period prescribed in Chapter 21, Training.
6.4.4.3
A Second in Command whose appraisal is negative shall submit a new
application at least thirty (30) days before the second PPC following his
initial appraisal.
May 1st, 2011
2010-2014 Collective Agreement
6.5
6.4.5
A Flight Engineer who desires promotion to the position of Second in Command shall
submit an appraisal application to the Chief Flight Engineer using the appropriate
form (Appendix “F”), in accordance with the provisions set out in chapter 36.
6.4.6
When vacancies are posted, the Company shall ensure that the PPCs carried out for
appraisal purposes and scheduled before the closing date of the “Notice of Positions
to be Filled” have all been completed before assigning the post of Captain to Second
in Commands. However, if the Second in Command’s appraisal cannot be completed
before the results of a posting are issued; the candidate shall obtain the position with
the notation “Conditional upon a positive appraisal”. Should the appraisal be
negative, the position shall then be assigned to the next eligible candidate at the date
on which the “Notice of Positions to be filled” closed.
6.4.7
The result of the appraisal shall be communicated in writing to the Second in
Command and to the training committee. If it is negative, the Chief Pilot shall
indicate the reasons for the decision.
Temporary Positions
6.5.1
6.6
Vacancies for temporary positions are not posted. Consequently, the Company can
assign the FCM it chooses to such a position. However, when such positions are
assigned, the Company shall make every effort to observe the order of seniority and
FCMs’ letters of preference. When the temporary assignment terminates, the FCM
shall return to his permanent position, if one is held. A temporary position shall
become permanent after it has been occupied for more than six (6) months during a
given calendar year. It shall then be posted and assigned in accordance with the
relevant provisions.
Provisional Positions
6.6.1
An FCM who holds a permanent position but does not occupy it due to disability,
unpaid leave, refusal of a recall or because he occupies a provisional position may be
replaced by a substitute FCM. During his replacement assignment, the substitute
FCM occupies a provisional position while protecting his permanent position, if one
is held.
Vacancies for provisional positions are not posted. Consequently, the Company can
assign the FCM it chooses to such a position. However, when such positions are
assigned, the Company shall make every effort to observe the order of seniority and
FCMs’ letters of preference. When the provisional assignment terminates, the FCM
shall return to his permanent position, if one is held. However, FCMs who have lost
their permanent position because of workforce downsizing will be given priority in
filling the interim position(s) open following the loss of their permanent position,
even if their seniority is inferior to FCMs who have previously refused permanent
positions according to the results of the last posting.
6.7
Base Transfer
6.7.1
May 1st, 2011
Base transfers are assigned, in order of seniority and classification, to the FCMs who
have submitted their application by means of a letter of preference. However, the
following restrictions shall apply:
Page 25 of 118
2010-2014 Collective Agreement
6.7.1.1
The FCM who wishes to be transferred to another base may have to
accept a change in aircraft type depending on operational requirements.
The FCM must indicate his choice in his or her letter of preference.
6.7.1.2
The FCM who is transferred to another base is not assigned an additional
freeze period, whether he or she is assigned to another aircraft type or
not.
6.7.1.3
Following a base transfer, the FCM who claims the moving expenses
prescribed in section 15.6 shall not be entitled to do so again for a period
of three (3) years following the effective date of his or her base transfer.
6.7.2
The FCM who is granted a base transfer is notified in writing and a copy of this letter
is forwarded to the Association.
6.7.3
The company may choose to transfer additional FCMs who have requested it in order
to fulfil operational requirements on an aircraft type or transfer FCMs who have
given their consent in accordance with 6.7.1.1.
6.7.4
The vacated positions during the transfer process do not generate a new posting and
are filled according to the valid letters of preference upon closing of the “transfer
notice” which led to this situation.
Page 26 of 118
May 1st, 2011
2010-2014 Collective Agreement
7.
LAYOFF AND CALL-BACK
7.1
Reduction of Personnel
7.2
7.1.1
When there is a reduction in personnel, layoffs are made by reverse order of seniority,
regardless of the FCM’s base. Subsequent personnel movements (change in
classification and/or aircraft type) are governed by seniority. However, FCMs who
lose their positions without being laid off may, depending on operational needs, be
involuntarily transferred to another aircraft type regardless of their seniority. In such
cases, the Company shall make every effort to respect FCMs’ letters of preference.
The Company undertakes to consult the Association when there is a reduction of
personnel.
7.1.2
The Company shall give written notice of at least thirty (30) days to those FCMs it
intends to lay off. The notice shall be forwarded by registered mail, the postmark
being proof of the date of mailing.
7.1.3
If the pilot’s IFR qualification is due to expire within the twelve (12) months
following the layoff date, the Company shall renew such qualification before layoff.
7.1.4
An FCM who is laid off shall ensure that the Human Resources Department has the
most recent information on his address, telephone number, etc., and shall advise the
Department of any change.
7.1.5
The Company shall make every effort to reclassify all laid-off FCMs within the
Company.
7.1.6
On the date he becomes laid off, an FCM loses his position, be it permanent,
provisional or temporary.
Recall to Work
7.2.1
Recalls shall be based on seniority, the FCM with the highest being the first called
back.
7.2.2
FCMs are recalled to work for a minimum period of three (3) months.
7.2.3
Recalls shall be made by telephone or by electronic mail. This notification shall be
followed, within seventy-two (72) hours, by written notification sent by registered
mail. This notice shall indicate the date on which the FCM is to present himself for
work and the new base (if applicable) if, under section 14.1.6, the FCM is called back
to a base other than the one to which he was assigned prior to lay-off.
7.2.4
FCMs shall retain their right to be recalled for a period of sixty (60) consecutive
months from the effective date of their lay-off.
7.2.5
On receipt of the written notification, an FCM who is recalled shall have seven (7)
days to confirm or refuse his acceptance of the position offered. He may give a verbal
answer, which shall be followed by written confirmation, delivered in person or sent
by registered mail to the Human Resources Department.
7.2.6
Subject to section 7.3.1, FCMs shall have thirty (30) days from the date of the written
recall notification to present themselves for work. However, in a spirit of cooperation,
FCMs shall make every effort to respond within a shorter period, if required.
May 1st, 2011
Page 27 of 118
2010-2014 Collective Agreement
7.3
Decline of Recall
7.3.1
An FCM who is called back to work may decline the recall as long as a laid-off FCM
with less seniority accepts a recall to replace him. To take advantage of this option, the
FCM declining the recall shall inform the Company accordingly in the seven (7) days
following receipt of the written recall notification. He can do this verbally, but must
confirm it in writing and deliver it personally or send it by registered mail to the
Human Resources Department. FCMs who decline a recall under the terms of this
section shall maintain their right to a subsequent call back.
7.3.2
An FCM who declines a recall and does not meet the requirements of section 7.3.1
shall be considered as having resigned.
Page 28 of 118
May 1st, 2011
2010-2014 Collective Agreement
8.
ANNUAL LEAVE
8.1
General
8.2
8.1.1
For the purposes of this chapter, the reference year shall be January 1 to December
31. During this period, FCMs acquire the right to paid annual leave on an ongoing
basis. The leave is granted during the year following the reference year.
8.1.2
All permanent FCMs shall be entitled to paid annual leave, composed of a vacation
period and legal holidays. Temporary FCMs shall receive compensation for annual
leave upon their departure.
8.1.3
An FCM shall receive 4 FTCs for each day he is on annual leave.
8.1.4
An FCM’s annual leave shall be paid at his regular salary rate then in effect.
Termination of Employment or Layoff
8.2.1
AN FCM who ceases to be employed by the Company or who is laid off shall receive
the following annual leave payments:
8.2.1.1
Monetary compensation for the number of annual leave days
accumulated during the reference year and not used, at the rate of 4 FTCs
per day at the FCM’s hourly rate, and
8.2.1.2
Monetary compensation for days of annual leave accumulated since
January 1 of the current year, at a rate of 4 FTCs per day at the FCM’s
hourly rate. The number of days payable shall be prorated based on the
number of months worked during the current year and the number of
days of annual leave to which the FCM is entitled according to his length
of service at his departure. Accumulated legal holidays since the
beginning of the year shall be added to this amount.
Example: An FCM leaves the Company on May 20.
Service Time, at departure:
7 years
Annual leave allocation:
18 days
Monthly leave allocation:
1.5 days
Number of months’ service (current year):
5 months
Number of days payable: 5 months x 1.5 days =
7.5 days
Number of legal holidays payable:
3 days
Total days payable: 10.5 days x 4 FTCs/day =
42 FTCs
Compensation upon departure, for current year: 42 FTCs x hourly rate
8.3
Postponement of Annual Leave
8.3.1
Change in Position
8.3.1.1
May 1st, 2011
The Company shall make every effort to respect the annual leave dates of
the FCM who has changed position at his own request. It may, however,
postpone such leave until later in the year. If a number of periods are
available, the FCM may choose from these. If it is impossible to defer
leave during the course of the year, it shall be added to the FCM’s bank
and granted during the allocation process for the following year. If this
process has already been completed, the Company and the FCM shall
agree on dates suitable to both parties.
Page 29 of 118
2010-2014 Collective Agreement
8.3.2
8.3.1.2
The Company shall respect the annual leave dates of the FCM who has
been forced to change position because of an involuntary transfer.
However, if one of the FCM’s annual leave periods coincides with initial
training on a given aircraft type (theory or simulator), the Company may
require that he defer his leave, and the FCM must agree. In such an
event, the Company shall offer him periods available during the year. If
the leave cannot be deferred during the current year, it shall be added to
the FCM’s bank and granted during the allocation process for the
following year. If this process has already been completed, the Company
and the FCM shall agree on dates satisfactory to both parties. If the FCM
incurs expenses because of the postponement of his annual leave, the
Company shall reimburse them on presentation of the relevant
documents.
8.3.1.3
An FCM who was awarded annual leave based on the provisional or
temporary position he was forecast to hold may make changes to his
leave schedule if changes that do not comply with forecast occur during
the year. A request must be submitted to his Chief Pilot. The Company
and the FCM shall agree to new, mutually satisfactory dates based on
leave periods that he could have obtained according to his seniority
standing.
Operational Needs
The Company may ask an FCM to defer an annual leave period in order to fly. The
FCM is not obliged to do so. If he does, the Company shall offer him the periods
available during the year. If none is available, the Company may suggest the FCM
postpone the leave period to the following year, adding it to his bank so that it be
granted during the assignment process. If this process has already been completed, the
Company and the FCM shall agree on dates satisfactory to both parties. An FCM who
agrees to postpone a period of annual leave under this section shall be allocated two
(2) days’leave for each day of annual leave deferred. If the FCM incurs expenses
because of the postponement of his annual leave, the Company shall reimburse them
upon presentation of the relevant documents.
8.3.3
FCM Absence
If the annual leave coincides with a period during which the FCM is absent on
maternity leave, preventive withdrawal, work sharing program, parental leave or
disability for which he or she receives salary insurance payments, the FCM has the
choice of deferring the annual leave period as follows:
Page 30 of 118
8.3.3.1
Immediately after the end of the absence, if department requirements
permit, or
8.3.3.2
A later date in the year; the choice of new dates shall be agreed upon
between the FCM and the Company, or
8.3.3.3
Exchanging annual leave periods with another FCM holding the same
position, or
8.3.3.4
Adding the days of annual leave lost to his/her bank for the following
year.
May 1st, 2011
2010-2014 Collective Agreement
8.3.4
Illness
An FCM who is ill during his period of annual leave cannot postpone such leave. In
addition, if his illness begins during his leave, he cannot claim sick leave credits or
salary insurance payments for the said period. However, if the FCM is injured or
contracts an illness requiring unexpected hospitalization of two (2) days or more, he
can defer the annual leave remaining until the end of his disability or, subject to
agreement with the Company, to another period. From that point on, he may take
advantage of the provisions covering sick leave and salary insurance. If an FCM who
falls ill during his annual leave is unable to return to work at the end of such period,
the clauses in Chapter 9, Sick Leave, shall become applicable as of the first day
scheduled for his return.
8.4
Vacations
8.4.1
The number of vacation days to which an FCM is entitled shall be determined by the
Service Time accumulated as of December 31, prorated over the number of months
worked during the reference year. An FCM who is absent from work because of a
disability for which he receives salary insurance payments or CSST benefits shall
continue to accumulate vacation days during the first six (6) months of his absence.
Vacation days are allocated as follows:
Table applicable from reference year 2010
Service Time
Leave Days
Less than 1 year’s service
1 day/month worked before December 31st
1 year but less than
2 years
11 days
2 years but less than 3 years
12 days
3 years but less than 4 years
13 days
4 years but less than 5 years
14 days
5 years but less than 7 years
16 days
7 years but less than 8 years
18 days
8 years but less than 10 years
20 days
10 years but less than 12 years
23 days
12 years but less than 15 years
25 days
15 years but less than 25 years
27 days
25 years or more
29 days
8.4.2
8.5
FCMs with less than one (1) year of service with the Company may, as of January 1,
complete their vacation at their own cost, up to a maximum of eleven (11) days.
Legal Holidays
8.5.1
May 1st, 2011
The legal holidays are:
-
January 1
-
January 2
Good Friday
Queen’s Birthday (Victoria Day)
St. John the Baptist Day (Quebec only)
Canada Day
Civic Holiday (Ontario and British Columbia only)
Page 31 of 118
2010-2014 Collective Agreement
8.5.2
FCMs hired during the course of the year accumulate legal holidays at the rate of one
(1) day for each legal holiday that has occurred since his date of employment.
8.5.3
FCMs continue to accumulate legal holidays during the following periods:
-
8.5.4
Guaranteed day off (GDO)
Annual leave
Sick leave
Bereavement leave
FCMs do not accumulate legal holidays when they are absent because of:
-
8.6
Labour Day
Thanksgiving
December 25
December 26
Disability (short-term or long-term)
Unpaid leave
Maternity leave, preventive withdrawal or parental leave
Work accident
Work sharing program
Annual Leave - Weekly Schedule
8.6.1
The number of FCMs who can be on annual leave during a given week varies
depending on the Company’s operational requirements. However, the total amount of
weeks available annually in a calendar year shall not be less than 115% of the total
weeks allocated to FCMs of the same base, type and classification. In addition, each
calendar month must contain at least 7% of the annual total weeks allocated.
Example 1: Total weeks allocated to YUL Captains: 205
Total weeks available annually in a calendar year (205 x 115%): 236
Example 2: 7% of 205 allocated weeks: 14 weeks
8.6.2
8.7
To allow the greatest number possible of FCMs to be able to take leave during the
summer and the holiday season, no FCM can take more than one week of annual
leave (7 days) that starts during the period from June 24 to September 7 and more
than one week of annual leave (7 days) that starts during the period from December
15 of one year to January 15 the following year. In this connection, section 8.9 cannot
be invoked to prevent FCMs from obtaining a week of annual leave (7 days) during
each of these two periods. If necessary, remaining days shall be allocated outside
these periods.
Protocol for Drawing up Annual Leave Schedule
8.7.1
Page 32 of 118
During the month of August each year, the Flight Operations Department shall
prepare a leave schedule containing the following information:
8.7.1.1
The number of days’ vacation and legal holidays to which each FCM is
entitled, and
8.7.1.2
The number of FCMs by position and base who can be on annual leave
each week of the year. This number shall be prorated based on the
May 1st, 2011
2010-2014 Collective Agreement
number of positions by base, excluding bases with three (3) FCMs or
less, and
8.7.1.3
8.8
8.9
8.7.2
Allocation of annual leave dates shall be done in two (2) phases: the first shall
allocate the dates of vacation days, and the second the dates of legal holidays.
8.7.3
Leave days that are unallocated or released later during the year shall be made
available again after the final publication date via a posting. The posting shall be
limited to a maximum of 10-days on the intranet and allocation shall be carried out by
seniority according to the FCMs who have bid to obtain these leave days.
Allocation of Vacation Dates
8.8.1
The phase for allocating vacation dates extends from September 1 to October 21
according to a deadline and selection process established by the Company and the
Association based on the number of FCMs, by position and base.
8.8.2
On receipt of the information stipulated in section 8.7.1, FCMs shall submit several
choices of vacation period, in order of preference, to the Flight Operations
Department. Vacations shall be allocated in order of seniority based on the weeks
available and the position the FCM is forecast to hold at the time vacation is to be
taken.
8.8.3
Section 8.8.2 notwithstanding, when three (3) FCMs or less hold the same position at
the same base, their vacation periods shall be allocated in order of seniority in the
month for which the vacation weeks were requested. The complete schedule shall be
published no later than October 21. Subject to sections 8.3.1, 8.3.2, 8.3.3 and 8.3.4,
the schedule cannot be changed once issued.
Splitting Vacations and Legal Holidays
8.9.1
8.9.2
8.10
The seniority standing of each FCM according to his position and base.
Vacations are allocated in periods of seven (7) days, from Monday to Sunday.
Remaining vacation days are allocated as follows:
8.9.1.1
If three (3) days or less remain, they shall be added to a period of seven
(7) days. Upon distribution, the deduction of a week available in the
calendar is only made during the week of the first day of granted annual
leaves;
8.9.1.2
If four (4) days or more remain, they can be allocated separately, but
cannot be divided up.
Legal holidays are normally allocated en bloc. If the FCM is entitled to ten (10) days,
he may request that they be allocated in two (2) periods of five (5) days.
Allocation of Legal Holiday Dates
8.10.1
The phase for allocating legal holiday dates extends from October 22 to December 1
according to a deadline and selection process established by the Company and the
Association based on the number of FCMs, by position and base.
8.10.2
Following publication of the vacation schedule, FCMs shall submit several choices of
legal holiday periods, in order of preference, to the Flight Operations Department.
Legal holidays shall be allocated in order of seniority based on the weeks available
and the position the FCM is forecast to hold at the time legal holidays are to be taken.
May 1st, 2011
Page 33 of 118
2010-2014 Collective Agreement
8.10.3
8.11
Section 8.10.2 notwithstanding, when three (3) FCMs or less hold the same position
at the same base, their legal holiday periods shall be allocated in order of seniority in
the month for which the legal holiday periods were requested. The complete schedule
shall be published no later than December 1. Subject to sections 8.3.1, 8.3.2, 8.3.3
and 8.3.4, the schedule cannot be changed once issued.
Attaching GDOs to Annual Leave
8.11.1
At the request and choice of an FCM (PBS), a 72- or 48-hour GDO period shall be
granted immediately before or after a period of annual leave, regardless of the FCM’s
seniority. This GDO period is called a “guaranteed period” and the FCM is entitled to
a single guaranteed period per month. When a guaranteed period overlaps two (2)
months, it is considered as being taken during the month of the annual leave with
which it is associated.
8.11.2
Attaching GDOs to annual leave shall be subject to the following restrictions:
8.11.2.1
At the choice of the FCM, a single guaranteed period of seventy-two (72)
or forty-eight (48) hours per FCM per month shall immediately precede
or follow a period of annual leave, or
8.11.2.2
If a period of annual leave overlaps two (2) months or begins on the first
day of the month or ends on the last day of the month, the FCM may
choose to attach a guaranteed period of seventy-two (72) or forty-eight
(48) hours immediately before and after such leave.
Example 1:
The FCM is on vacation from the 7th to the 13th and from the 21st to the 24th of
June. He is entitled to a single guaranteed period, that is, on June 5-6-7, 14-1516, 18-19-20 or 25-26-27.
Example 2:
The FCM is on vacation from the 1st to the 7th of June and does not have any
vacation in May. He is entitled to a single guaranteed period in May, that is, on
May 29-30-31, and to a single guaranteed period in June, that is, on June 8-9-10.
Example 3:
The FCM is on vacation from March 29th to April 4th. He is entitled to a
guaranteed period in March, that is, on March 26-27-28, and to a guaranteed
period in April, that is, on April 5-6-7.
Example 4:
The FCM is on vacation from the 22nd to the 29th of November. He is entitled to
a guaranteed period on November 19-20-21 or on November 30th and December
1st and 2nd. If he chooses the period that overlaps the months of November and
December and he has vacation time in December, he will be entitled to another
guaranteed period in December since his period of November 30th and
December 1st and 2nd is considered as being taken in November
Page 34 of 118
May 1st, 2011
2010-2014 Collective Agreement
9.
SICK LEAVE
9.1
FCMs’ Responsibility
FCMs who have to absent themselves from work for medical reasons shall inform CSD as soon as
possible, but at least four (4) hours before their departure, unless this is impossible. They are then
considered to be on sick leave until they advise CSD that they are capable of resuming their work.
9.2
Eligibility
All FCMs are entitled to sick leave.
9.3
9.4
Sick Leave Credits
9.3.1
On January 1 each year, 36 FTCs are added to the sick leave credit banks of FCMs on
active service.
9.3.2
Three (3) FTCs per month remaining in the current year shall be paid into the sick
leave credit bank for FCMs hired during the year.
Absent FCMs
Sick leave credits for FCMs who are absent from work because of disability, suspension, unpaid
leave, work sharing program or layoff are reduced by three (3) FTCs per full month of absence.
There is no deduction if the absence is less than one (1) month, provided the FCM has been on
active service for at least sixteen (16) days during that month.
9.5
Deduction
Four (4) FTCs shall be deducted from an FCM’s sick leave credit bank for each absence of 24
hours or less. Absence is calculated from the moment he should report for work until the time he
advises CSD that he can resume his duties. However, there is no deduction of sick leave credits
from the FCM’s bank while on sick leave during a GDO or blank day.
9.6
Remuneration
Sick leave credits shall be used to ensure an FCM receives remuneration for all absences falling
within the waiting period that precedes the payment of salary insurance benefits. Sick leave
credits shall be paid in the following manner:
9.7
9.6.1
Provided an FCM has sick leave credits remaining in the bank, he shall receive one
hundred percent (100%) of his regular salary for any absence, from the very first day.
9.6.2
When an FCM receives short-term salary insurance benefits, he may use his sick
leave credits to bridge the gap between such benefits and his regular salary. In such
case, seven (7) FTCs are deducted from the FCM’s sick leave credit bank for each
week during which he receives his full pay while receiving short-term salary
insurance benefits.
Management of the Sick Leave Credit Bank
9.7.1
May 1st, 2011
At the beginning of the year, an FCM shall select one of the following options with
respect to the balance of sick leave credits in his bank as of December 31 of the
previous year:
Page 35 of 118
2010-2014 Collective Agreement
9.7.1.1
Withdraw up to seventy-two (72) FTCs from his sick leave bank, which
shall then be paid at a rate of 50% of his hourly rate as at December 31,
or
9.7.1.2
Defer the balance of his credits to the following year, up to a ceiling of
five hundred and ten (510) FTCs.
Example:
Balance, December 31:
500 FTCs
Additional credits, January 1: 36 FTCs
Balance, January 1:
536 FTCs
Ceiling:
510 FTCs
Minimum credits to be cashed:
26 FTCs paid at 50% of hourly rate
9.8
9.9
9.7.2
If an FCM takes advantage of section 9.7.1.1, the appropriate amount shall be paid to
him on his second (2nd) pay in February. He may ask that this amount be paid into
his RRSP.
9.7.3
For purposes of section 9.7.1, in early January, the Company shall send each FCM a
notice indicating his sick leave credit balance. The FCM shall return this notification
no later than January 31, informing the Company of the action to be taken regarding
the sick leave credits in his bank. If such notification is not received within the duly
allotted time, the credits accumulated during the previous year shall be paid to the
FCM at a rate of fifty percent (50%) of his hourly rate.
9.7.4
The balance of sick leave credits remaining in the bank of an FCM who, by virtue of
section 6.4, is promoted from Second in Command to Captain shall be decreased to
eighty-five percent (85%) of their value. Such an adjustment shall occur only once
during an FCM’s employment – i.e. upon the date of his first revenue flight as a
Captain.
Termination of Employment and Pre-retirement
9.8.1
Sick leave credits banked for an FCM who leaves the Company before age fifty-five
(55) shall be paid to him at a rate of fifty percent (50%) of his hourly rate at the time
of his departure. This balance is decreased by the number of months remaining in the
current year, at a rate of three (3) FTCs per month. The FCM may request that all or
part of such amount be paid into his RRSP.
9.8.2
An FCM who leaves the Company at age fifty-five (55) or more shall receive the full
value of the sick leave credit balance in his bank. He may:
9.8.2.1
Use such credits as pre-retirement leave for a period equivalent to the
balance banked, or
9.8.2.2
Cash them in, thus breaking his employment ties with the Company. In
this case, he may request that all or part of the amount be paid into his
RRSP.
Medical Certificate
9.9.1
Page 36 of 118
For purposes of section 9.6, the Company may require a medical certificate for sick
leave in excess of three (3) consecutive days. The Company shall forward this request
to the FCM while he is on sick leave. The FCM shall supply the certificate requested
within twenty-four (24) hours following his return to work.
May 1st, 2011
2010-2014 Collective Agreement
9.9.2
9.10
When an FCM is absent from work for three (3) days or less and the Company has
serious reason to doubt his inability to work, it may require that the FCM supply,
within a reasonable period, a medical certificate justifying his absence. The Company
shall inform him verbally of the reasons for its request and confirm it in writing, with
a copy to the Association, within a period of seventy-two (72) hours from the verbal
request.
Disability
An FCM absent from work due to illness or disability maintains his blue pass privileges
accumulated during his last reference year in accordance with the blue pass policy.
May 1st, 2011
Page 37 of 118
2010-2014 Collective Agreement
10.
LEAVE WITH NO LOSS OF SALARY
10.1
Number of Days Granted
In case of death in the family, an FCM shall be entitled to be absent without loss of pay, as
follows:
Event
Period
Spouse, child, father, mother, sister, brother
5 consecutive days
Father-in-law, mother-in-law, brother-in-law,
sister-in-law, any relative living permanently in the
FCM’s home or in whose home the latter lives
permanently
Grandfather, grandmother, and spouse’s
grandfather, grandmother
3 consecutive days
1 day
NOTE 1: It is understood that consecutive days include GDOs, annual leave and working
days – i.e. days during which the FCM is required to work.
10.2
10.3
NOTE 2:
One (1) day can be taken separately to attend the funeral.
Example:
If a member of the FCM’s immediate family dies on a Friday and the FCM is on GDO
Saturday and Sunday, the bereavement leave of five (5) days shall cover the Saturday to
Wednesday inclusively. This policy shall apply to all FCMs, regardless of their length of
service.
Extension of Leave
10.2.1
The Company reserves the right to increase the periods provided for in section 10.1
when considering the FCM’s ability to carry out his duties.
10.2.2
If the funeral is to take place more than two hundred and fifty (250) kilometres from
the FCM’s principal residence, bereavement leave shall be extended by one (1) day
for every two hundred and fifty (250) kilometre segment travelled. The maximum
extension of bereavement leave shall be two (2) days.
Repatriation of an FCM on Duty
The Company shall repatriate, with a minimum of delay and at its cost, any FCM who is on duty
when a spouse, child, father, mother, sister, brother or in-law falls ill, suffers a serious accident or
dies.
Page 38 of 118
May 1st, 2011
2010-2014 Collective Agreement
10.4
Leave to Attend Court
10.4.1
An FCM who is called as a juror or summoned as a witness in a case to which he is
not a party nor in which he has any vested interest in the proceedings, shall retain his
seniority and shall continue to accumulate service time during his absence. During
this period, the Company shall pay him his regular salary. In return, any sums
received from the Court for his services – excluding meal, accommodation,
transportation and parking expenses – shall be remitted to the Company. In addition,
the FCM shall receive GDOs on a pro rata basis for the days on which he is not
required to carry out his legal duty.
10.4.2
To be eligible under section 10.4.1, the FCM shall have first submitted an application
to be relieved of serving as a juror or appearing as a witness. He shall complete and
submit the form given to him by the Company’s Human Resources Department for
this purpose.
May 1st, 2011
Page 39 of 118
2010-2014 Collective Agreement
11.
MATERNITY AND PARENTAL LEAVE
The clauses in this section describe the minimum rights to which FCMs are entitled with respect
to maternity and parental leave. FCMs shall receive all the rights and benefits provided for in the
Canada Labour Code.
11.1
Uniform
The Company shall provide pregnant FCMs with a maternity uniform.
11.2
Work during Pregnancy
The Company cannot require an FCM to take leave in case of pregnancy unless she is no longer
able to perform an essential function of her position.
It is incumbent upon the Company to prove the FCM’s inability to perform such essential
function.
11.3
11.4
Maternity Leave
11.3.1
An FCM with six (6) months’ continuous service shall be entitled to unpaid maternity
leave for a maximum period of nineteen (19) weeks. Such leave shall be in the form
of a single period, beginning no earlier than eleven (11) weeks before the expected
delivery date and ending no later than nineteen (19) weeks after the maternity leave
takes effect.
11.3.2
The pregnant FCM shall submit a written notice to the Company stating the date on
which she desires to start her leave and its expected duration.This notice shall be
given at least one month before the FCM’s departure and shall be accompanied by a
medical certificate from the attending physician stating the expected delivery date.
The leave may be terminated earlier, subject to four (4) weeks’ prior written notice.
Note:
The preceding clause notwithstanding, the leave may end earlier at the written request
of the FCM.
Paternity Leave
When a child is born or adopted, the father shall be granted two (2) days paid leave. If the FCM is
on GDO or annual leave at that time, he may defer his paternity leave until the end of the GDOs
or annual leave.
11.5
Parental Leave
11.5.1
An FCM who has served with the Company continuously for at least three (3) months
and who is or shall be responsible for the care and custody of a child, shall be entitled
to unpaid leave of up to fifty (50) weeks during the fifty-two (52) weeks that follow
the date on which the child is born or given into his custody. Furthermore, this leave
may be split in two parts.
11.5.2
In the case of an adoption, an FCM who, under provincial law, undertakes an
adoption procedure or receives an adoption order shall be entitled to unpaid leave of
up to thirty-seven (37) weeks during the fifty-two (52) weeks following the date on
which the child is given into his custody.
11.5.3
The maximum length of parental leave shared by two (2) employees upon the birth of
a child is fifty-five (55) weeks and thirty-seven (37) weeks for the adoption of a child.
Page 40 of 118
May 1st, 2011
2010-2014 Collective Agreement
11.6
11.7
11.5.4
An FCM who intends to take parental leave shall inform the Company accordingly, in
writing, at least four (4) weeks in advance, unless there are valid reasons for not
doing so. Such written notice shall specify the length of the leave.
11.5.5
Any change to the length of such leave shall be brought to the Company’s attention in
writing at least four (4) weeks in advance, unless there are valid reasons for not doing
so.
Reassignment and Change in Duties
11.6.1
From the beginning of the pregnancy to the end of the twenty-fourth (24th) week
following delivery, an FCM who is pregnant or breast-feeding a child may ask the
Company to change her duties or reassign her to another position if the continuation
of her normal professional activities may represent a risk to her health, that of the
fetus or the child.
11.6.2
The request for reassignment or change in duties shall be accompanied by a medical
certificate signed by an accredited physician in accordance with the Aeronautics Act
and selected by the FCM, stating the expected duration of the possible risk and the
activities or conditions to be avoided in order to eliminate it.
11.6.3
The Company shall study the request in consultation with the FCM and, if at all
possible, shall change her duties or reassign her, taking into consideration her
experience, training and the expected duration of the assignment.
11.6.4
The FCM may continue her normal professional activities while the Company is
studying her request. However, if the risk posed by her professional activities so
require, the FCM shall be entitled to paid leave, at her regular salary, until the
Company changes her duties, reassigns her or informs her in writing that it would be
difficult to take such measures.
11.6.5
An FCM who is informed that a change in her duties or reassignment would be
difficult shall be entitled to preventive withdrawal during the period mentioned on the
medical certificate presented with her request.
11.6.6
An FCM whose duties are changed or who is reassigned is deemed to still occupy the
position she had at the time she presented her request and shall continue to receive the
related salary and benefits.
Right to Preventive Withdrawal
11.7.1
An FCM who is pregnant or breast-feeding a child shall be entitled to preventive
withdrawal when:
11.7.1.1
May 1st, 2011
The Company informs her that a change in her duties or a reassignment
would be difficult based on the conditions stipulated in section 11.6.5, or
Page 41 of 118
2010-2014 Collective Agreement
11.8
11.7.1.2
She gives the Company a medical certificate, signed by a physician of
her choice, indicating that she is unable to work because she is pregnant
or breast-feeding and giving the expected duration of such inability, or
11.7.1.3
A pregnant FCM on preventive withdrawal shall be entitled to a reduced
salary equivalent to sixty-six and two-thirds percent (66 2/3%) of her
regular salary for a period of twelve (12) consecutive weeks, with effect
from a date convenient to her and of which the Company shall have been
advised four (4) weeks in advance. The cost is assumed equally by the
Company and FCMs as a group.
Notice
Unless there is a valid reason, an FCM whose duties have been changed, who is reassigned or on
leave shall be required to provide the Company with at least two (2) weeks’ written notice
informing it of any change in the expected duration, risk or inability mentioned in the original
medical certificate, and shall submit a new medical certificate in support of such change.
11.9
Return from Leave
Upon her return, the FCM shall return to the position she held prior to the start of her absence or
reassignment, providing she has sufficient seniority to do so.
11.10 Benefits
During the period of leave, reassignment/change in duties or preventive withdrawal under this
section, the FCM:
11.10.1
Shall continue to accumulate sick leave credits, vacation days and length of service,
and
11.10.2
Shall maintain her Interline privileges, and
11.10.3
Shall continue to be covered by the insurance plan during the first thirty-one (31)
days of her absence, provided she pays her portion of the premiums. If the FCM
wishes to maintain her coverage (including salary insurance) beyond such period, she
shall inform the Company accordingly, in writing. In this event, she shall pay her
portion of the premiums before the start of her absence by means of postdated
cheques. An FCM who wishes to suspend her membership in the insurance plan shall
advise the Company accordingly, in writing, before the start of her absence, and
11.10.4
Shall continue to benefit from the Company’s contributions to her retirement plan,
provided she pays her portion of the contributions, and
11.10.5
Shall not accumulate legal holidays, unless she has been reassigned or had her duties
changed, and
11.10.6
Shall not be entitled to allowances related to active service, such as dry-cleaning and
supplies.
11.11 Consequences of Leave
An FCM who takes leave under this section is eligible for the benefits that the group insurance
plan provides on the same basis as other eligible employees who are absent because of illness.
Page 42 of 118
May 1st, 2011
2010-2014 Collective Agreement
11.12 Legal Provisions
Notwithstanding the foregoing, the provisions in this section cannot in any way contravene those
of the Employment Insurance Act and legislation governing maternity leave and parental leave.
May 1st, 2011
Page 43 of 118
2010-2014 Collective Agreement
12.
UNPAID LEAVE
12.1
General
12.1.1
Unless there is an agreement between the Association and the Company, an FCM on
unpaid leave cannot be employed by an air carrier that operates on one or more routes
served by Air Transat A.T. Inc.
12.1.2
The Company may grant two (2) types of unpaid leave:
Note:
The Company shall consult the Association prior to grant or refuse such
leave.
12.1.2.1
Without Recall
Subject to section 12.1.6, an FCM on unpaid leave without recall shall
not be required to shorten the length of his leave following recall by the
Company.
12.1.2.2
With Recall
At the Company’s request, an FCM on unpaid leave with recall shall be
able to present himself for work before the end of his leave. However, if
the recall is for a period of less than seven (7) consecutive calendar days,
the FCM shall not be required to shorten his leave.
Note:
Prior to granting or refusing such a leave, the Company is required to
consult the Association.
12.1.3
The Company is not required to acquiesce to the request of an FCM who wishes to
resume work before the end of his unpaid leave.
12.1.4
AN FCM who does not return to work following the end of his unpaid leave or who,
following recall, does not comply with section 12.1.6 or 12.3.2, shall be considered to
have resigned.
12.1.5
Before starting unpaid leave, the FCM shall select one of the following options and
inform the Company accordingly by means of the request form for unpaid leave
(Appendix “H”) – i.e.
12.1.5.1
Suspend his letter of preference (Appendix “E”) for the duration of his
leave, or
12.1.5.2
Keep his letter of preference (Appendix “E”) active for the duration of
his leave.
12.1.6
If the FCM keeps his letter of preference (Appendix E) active and a new position is
assigned to him during his leave, the Company shall inform him of the date on which
he must present himself for work in order to start his training. The FCM shall be paid
based on the position he occupied before the start of his unpaid leave, effective on the
first day of training.
12.1.7
An FCM who returns from unpaid leave may return to the permanent position he
occupied before the start of such leave, provided he has sufficient seniority.
Page 44 of 118
May 1st, 2011
2010-2014 Collective Agreement
12.2
12.3
Unpaid Leave without Recall
12.2.1
At the request of an FCM and depending on departmental requirements, the Company
may grant an FCM for his personal convenience up to six (6) months’ unpaid leave
without recall. Such leave may be extended up to a maximum of twelve (12) months
if the FCM has more than two (2) years’ service.
12.2.2
An FCM who wishes to obtain unpaid leave without recall shall complete the unpaid
leave application form (Appendix “H”) and submit it to his immediate superior no
later than thirty (30) days before the start of such leave. The Company shall reply in
writing, with a copy to the Association, within fifteen (15) days following receipt of
the application. Applications are dealt with on a first come, first served basis. Should
several FCMs submit applications for unpaid leave without recall on the same date
and for the same period, the Company shall assign leave in order of seniority.
Unpaid Leave with Recall
12.3.1
The maximum length of unpaid leave with recall is thirty-one (31) days and is
renewable.
12.3.2
An FCM on unpaid leave with recall shall, before starting such leave, provide the
Company with a telephone number at which he can be contacted in the event of a
recall. The FCM shall have a maximum of seven (7) days following the date of the
recall notification in which to present himself for work. However, in a spirit of
cooperation, the FCM shall do his utmost to present himself within a shorter period of
time.
12.3.3
When the Company wishes to offer unpaid leave with recall, the following
procedures shall apply:
12.3.4
12.3.3.1
The Company shall use the CSD telephone system (ECREW) to give the
following information: date of the message, date of the start and end of
unpaid leave offered the base, classification and aircraft type.
12.3.3.2
An FCM who wishes to take the unpaid leave with recall offered by the
Company shall complete the unpaid leave application form
(Appendix “H”) and give it to his immediate superior within ten (10)
days following the date of the message.
12.3.3.3
When the ten (10) days have expired, the Company shall allocate the
unpaid leave in order of seniority of those FCMs who have applied for it.
When an FCM applies for unpaid leave with recall and the Company has made no
such offer, the following procedures shall apply:
12.3.4.1
May 1st, 2011
An FCM who wishes to obtain unpaid leave with recall shall complete
the unpaid leave application form (Appendix “H”) and submit it to his
immediate superior no later than thirty (30) days before the start of such
leave. The Company shall reply in writing, with a copy to the
Association, within fifteen (15) days following receipt of the application.
Applications are dealt with on a first come, first served basis. Should
several FCMs submit applications for unpaid leave on the same date and
for the same period, the Company shall allocate leave by order of
seniority.
Page 45 of 118
2010-2014 Collective Agreement
13.
PLANNING
This chapter sets out the provisions covering the drawing up and assignment of flight blocks and
reserve blocks.
13.1
General
13.1.1
Flight blocks and reserve blocks shall be drawn up by the Planning Department using
the computerized Personal Bidding System (PBS). The blocks shall comply with the
applicable provisions of this Collective Agreement.
13.1.2
FCMs may access the PBS via the Internet or Intranet, using crew room computers.
13.1.3
FCM Managers, Check FCMs and the Flight Safety Director, may reserve flights to
fill their own schedule. However, the number of pairings that can be reserved by
FCM Instructors is limited to five percent (5%) of the total number of Captains by
aircraft type (rounded up if the decimal is equal to or greater than 5). However,
barring a priority granted at classification, the reserved pairing for a check flight on
the line is determined according to the highest seniority rank between the FCM Flight
Instructor and the candidate. FCMs who may reserve pairings have until the 13th of
the current month to do so. A list of such reserved pairings shall be distributed to
FCMs.
Example: Total number of A-310 Captains in July:
78
Maximum number of pairings that can be reserved by FCM Instructors: 4
13.2
13.1.4
Pairings shall be drawn up by the Planning Department for each base. They are
published on the 11th of the current month and apply to the following month. The
Company shall make every effort not to change pairings during the bidding period.
Pairings are updated twice during the bidding period, on the 17th and 20th at 1700
hours, Montreal time. The list of pairings that have been changed, withdrawn or
added may be consulted using the PBS.
13.1.5
Flight Operations Department shall inform those FCMs for whom training is planned
within 90 days of his qualifications expiration date. The FCM is then required to bid
in accordance with the available training periods which were forwarded to him.
Training periods are granted by seniority and appear on the FCM’s schedule.
13.1.6
Check FCMs of an assignment base hold priority in the allocation of check flights on
the FCMs of their assignment base.
13.1.7
A member of the master executive council (MEP) shall contact an FCM of his or her
assignment base in order to obtain approval to carry out his or her pairing. If
applicable, the FCM thus replaced is considered unavailable for the whole duration of
his or her pairing.
13.1.8
The Manager of training, standards and quality and the Manager Ground Instruction
are granted their respective flight blocks in their respective assignment base in
accordance with the terms stipulated in Section 13.6.1.
Drawing Up and Publication of Pairings
13.2.1
Page 46 of 118
The Planning Department shall draw up pairings for each base and position. All
pairings can be consulted using the PBS.
May 1st, 2011
2010-2014 Collective Agreement
13.2.2
The Planning Department shall indicate on the list of pairings, for each base and
position, the maximum and minimum flight time credits (FTC) which will be used
when drawing up flight blocks. Should the window change during the bidding period,
the new limits shall be indicated when pairings are updated, in accordance with
section 13.1.4. If the Planning Department cannot comply with the most recent
window published at the time of issuing the flight block, it shall advise the
Association in writing, giving the reasons for the change.
13.2.3
The percentage of pairings that contain one or more rest periods outside Canada for a
given position shall be similar for each base.
Example: A-310 Captains YUL, February: 25% of pairings with rest periods outside Canada.
The percentage of pairings with rest periods outside Canada for A-310 Captains
based at Toronto and Vancouver must be approximately 25%.
13.3
13.2.4
When three (3) or fewer FCMs hold the same position at the Toronto and Vancouver
bases, they may advise the Planning Department of their preferences regarding the
type of pairings and the placing of days off they would like to have for the following
month. They have until the 5th of the current month to send in their preferences by
fax or e-mail. The Planning Service shall make every effort to comply with these
FCMs’ preferences when drawing up their blocks.
13.2.5
All pairings shall comply with the applicable provisions of this Collective Agreement.
Flight Block Parameters
13.3.1
Monthly flight block requirements are normally eighty-five (85) FTCs per FCM.
13.3.2
Depending on operational needs, an FCM’s flight block may total up to ninety (90)
FTCs. However, an FCM shall not be granted flight blocks of more than eighty-five
(85) FTCs for two (2) consecutive months. Also, an FCM may be consecutively
granted two (2) flight blocks consisting of between eighty-five (85) and ninety (90)
FTCs if the second month’s flight block cannot be granted to another FCM because of
the parameters of the PBS system provided for at Section 13.6.1.
13.3.3
Section 13.3.2 notwithstanding, an FCM’s flight block may total more than ninety
(90) FTCs if the FCM authorizes this when submitting his bid.
13.3.4
Flight blocks shall not comprise more than seven (7) consecutive working days,
including overlaps.
Example:
13.3.5
May 1st, 2011
An FCM working during the last four (4) days of June is limited to three (3)
consecutive working days at the beginning of July.
Unless he authorizes it when submitting his bid, an FCM’s flight block may not
contain more than one (1) six-day (6) pairing starting during the month unless the
flight blocks of all other FCMs holding the same position at the same base contain at
least one (1) six-day (6) pairing starting during that month.
Page 47 of 118
2010-2014 Collective Agreement
13.3.6
Section 13.3.4 notwithstanding, an FCM may be assigned a flight block of up to
fourteen (14) consecutive working days in order to carry out an ACMI, “Wet lease”
and “Damp lease”. After this sort of period of continuous work, the FCM shall
receive GDOs based on the following table:
Work Period
8 days
9 days
10 days
11 days or more
13.4
Total GDOs
3 GDOs
3 GDOs
4 GDOs
5 GDOs
13.3.7
Section 13.3.4 notwithstanding, an FCM may be required to leave his base for a
period greater than seven (7) days for training purposes. Should this occur, any GDO
he is unable to take because of such absence shall be assigned to him during the thirty
(30) days preceding his departure and/or the thirty (30) days following his return. No
premium is paid to the FCM for these IOUs.
13.3.8
An FCM’s flight block shall contain eleven (11) GDOs per full month of active
service. GDOs are grouped in periods of 48 hours (2 GDOs) and 72 hours (3 GDOs).
Unless he authorizes it when submitting his bid, an FCM’s flight block may not
contain more than six (6) consecutive GDOs. If it is expected that an FCM will not be
on active service during the full month, his GDOs shall be prorated based on the time
he is on active service during the month.
13.3.9
GDOs are identified by an “X” on an FCM’s flight block.
13.3.10
When an FCM’s flight block includes a duty period on the day preceding a GDO, this
period shall be planned so that it ends no later than 2359 hours local time at the
FCM’s base.
13.3.11
An FCM with flight blocks in December of one year and January of the following
year shall be allocated GDOs for annual leaves or any other authorized leave on
December 25 and January 1 only if all other FCMs with flight blocks for those two
months holding the same position and at the same base were allocated a GDO on at
least one of those two (2) dates.
13.3.12
A confirmation of presence at work such as stipulated at section 14.16.3 cannot be
requested before 00h01 the day following a GDO.
13.3.13
A rotation constituted of a day duty period followed by a night duty period must not
contain more than one day/night change. This change shall be preceded by a rest
period of at least 24 hours.
Reserve Block Parameters
13.4.1
The Company shall plan a minimum number of reserve blocks, in accordance with
the following:
Total Crews
(all bases included)
Up to 25 crews
26 to 45 crews
46 crews and up
Page 48 of 118
Minimum Number of
Reserve Blocks
1
2
3
May 1st, 2011
2010-2014 Collective Agreement
13.4.2
The number of reserve blocks is limited as follows:
Number of Positions per Base
1
4
11
20
38
to 3
to 10
to 19
to 37
and more
Maximum Number of
Reserve Blocks
0
1
20 % of positions
6
15 % of positions
When the maximum number of reserve blocks is determined by a percentage, the
result is rounded up if the decimal is equal to or greater than 5.
Example:
13.4.3
Number of A-310 Captains at YUL:
42
Maximum number of reserve A-310 Captains at YUL: 6
The reserve block shall contain the following:
A variable number of A.M. or P.M. reserve periods.
Four (4) consecutive guaranteed days off (GDO), including a weekend.
Eight (8) floating days off (FDO), divided into two (2) periods of 72 hours (3 FDOs)
and one period of 48 hours (2 FDOs).
13.4.4
At the time of their publication and subject to section 13.7.3, reserve blocks may
include, in addition to the items listed in section 13.4.3, a combination of days on
pairing (overlap), training or annual leave days.
13.4.5
The reserve blocks shall indicate the days during which FCMs are on reserve, as well
as the applicable periods (A.M. or P.M.).
13.4.6
Reserve blocks may not comprise more than eight (8) consecutive reserve days.
13.4.7
Consecutive reserve days shall be of the same type – i.e. A.M. or P.M.
Example: P.M., P.M., P.M., P.M., FDO, FDO, FDO, FDO, A.M., A.M., A.M., GDO,
GDO, P.M., P.M., etc.
13.5
Reserved GDOs
13.5.1
May 1st, 2011
Once each calendar year, each FCM may reserve two (2) consecutive GDOs for
specific dates, as follows:
13.5.1.1
The FCM shall forward his request by fax or e-mail to the Planning
Department no earlier than twelve (12) months and no later than the 13th
of the month preceding the month in which he wishes to reserve two (2)
GDOs. The FCM can only present one request at a time. If the GDOs
cannot be granted for the dates requested, the FCM may submit a new
application.
13.5.1.2
The two (2) reserved GDOs shall be allocated on a first-come, firstserved basis, regardless of seniority. The number of reserved GDOs that
can be allocated on the same date is proportional to the number of
positions per base according to the following table:
Page 49 of 118
2010-2014 Collective Agreement
Number of Positions per Base
30
31
61
91
or less
- 60
- 90
or more
Number of Reserved GDOs
that can be allocated
on the same date
2
3
4
5
Example: On February 14, an A-330 Second in Command based at YUL applies for
GDOs on June 20 and 21. These dates were previously allocated to two (2)
others Second in Command holding the same position in Montreal. If the
number of A-330 Second in Commands based at YUL is between thirty one
(31) and sixty (60), the Planning Department must award his request and
those two dates are no longer available for subsequent requests.
13.5.2
13.6
13.5.1.3
No reserved GDOs may be allocated between December 15 of one year
and January 15 of the following year.
13.5.1.4
FCMs who have been granted reserved leave may not subsequently
change their request.
13.5.1.5
If an FCM does not take advantage of the provisions of section 13.5.1 in
any given year, the unused reserved GDOs cannot be carried over to the
following year.
13.5.1.6
During a year, the FCM is entitled to the reservation of dates for his
aviation medical examination(s), in accordance with Transport Canada
requirements. Leave days are taken from GDO monthly bank.
An FCM who is not on annual leave, GDO or any other authorized leave on
December 25 of one year and January 1 of the following year is entitled to two (2)
reserved GDOs at the time of his choosing in addition to the two (2) reserved GDOs
stipulated in section 13.5.1. The two (2) additional reserved GDOs are allocated in
accordance with the provisions set out in section 13.5.1.
Bidding Period and Drawing up Flight Blocks
13.6.1
The PBS draws up flight blocks based on the following parameters:
ƒ
ƒ
ƒ
ƒ
Operational variables (crews available, hours to be flown, length of pairings,
etc.)
FCMs’ personal requests based on seniority (leave dates, destinations, hours
worked, etc.)
Applicable provisions of this Collective Agreement, and
Air transport regulations.
13.6.2
FCMs may record their bids for the following month using the PBS until 1200 hours
Montreal time on the 21st of the current month.
13.6.3
Flight blocks are published at 1700 hours Montreal time on the 24th of the current
month. On and with effect from March 2011, flight blocks will be published at
1700 hours Montreal time on the 23rd of the current month. They may be consulted
using the PBS.
Page 50 of 118
May 1st, 2011
2010-2014 Collective Agreement
13.7
13.6.4
GDOs included in an FCM’s flight block at the time of publication cannot be
changed, unless prior agreement has been reached between the FCM and the
Company.
13.6.5
Flight blocks are drawn up using seventy (70:00) and eighty-five (85:00) flight time
credits (FTC) as lower and higher limits. Any change to this parameter is subject to
written approval by the Association.
Bidding Period and Allocation of Reserve Blocks
13.7.1
FCMs may record their bids for the following month using the PBS until 1200 hours
Montreal time on the 21st of the current month.
13.7.2
Subject to section 13.7.3, reserve blocks shall be allocated by order of seniority to
FCMs requesting them, whereas unassigned blocks shall be allocated by reverse order
of seniority, by base.
13.7.3
The Planning Department shall exclude the following FCMs when allocating reserve
blocks:
13.7.3.1
FCMs who have reached age sixty (60).
13.7.3.2
FCMs with fewer than one hundred and fifty (150) flying hours on their
aircraft type or whose first requalification on type has not been
completed, whichever occurs later. However, flight time carried out
under supervision (line indoc) is not accounted for.
13.7.3.3
FCMs with a reserve block for the previous month; when an FCM on
reserve is allocated a pairing which overlaps with a month during which
he has a flight block.
13.7.3.4
FCMs whose blocks for the following month include four (4) days or
more of specified activities such as pairing (overlap), training, vacation,
unpaid leave, etc. However, the activity days remunerated (premiums) by
the Company, such as simulator instruction, ground instruction,
instruction flights, check flights, cannot permit the exclusion of an FCM
from reserve
Exemple: An FCM has a 2-day overlap, 2 simulator instruction days and 1
ground instruction day on his flight block. The FCM cannot be
excluded from a reserve block because the 3 additionnal days are not
counted.
13.7.4
13.8
Reserve blocks are published at 1700 hours Montreal time on the 24th of the current
month. On and with effect from March 2011, reserve blocks will be published at
1700 hours Montreal time on the 23rd of the current month. They may be consulted
using the PBS.
PBS Committee
13.8.1
The Company recognizes the formation of the PBS Committee, composed of one
FCM per aircraft type.
13.8.2
PBS Committee members shall receive full training on the PBS, given by its designer.
May 1st, 2011
Page 51 of 118
2010-2014 Collective Agreement
13.8.3
Members shall hold a meeting every two months, as needed, to deal with Committee
business. They shall be released from flight duties on such occasions. They shall be
entitled to credits for Association business in accordance with section 14.14.1 for
each day of training or meetings. The PBS Committee’s terms of reference are as
follows:
13.8.3.1
To ensure that pairings are in accordance with the provisions of this
Collective Agreement.
13.8.3.2
To analyze, together with Planning Department, FCM complaints
concerning the PBS, and
13.8.3.3
To ensure that flight blocks and reserve blocks are drawn up in
accordance with the provisions of this Collective Agreement.Two (2)
Committee representatives shall be released for this purpose and shall be
present in the Planning Department the day before the blocks are issued.
They shall be informed, in writing, of the parameters and restrictions
entered into the system for the month in question. Blocks are then
reviewed jointly before being sent to FCMs.Any error found by PBS
Committee representatives shall be corrected at that time.
If reoptimization is envisaged, both parties shall decide jointly whether
this is appropriate, taking alternative solutions into account. If
reoptimization delays publication of the blocks, a message shall be
recorded in the CSD telephone system (ECREW).
13.8.4
Page 52 of 118
In the context of their functions and in order to avoid possible litigation, the Company
allows MEC members Web access to the AIMS crew-monitoring system. This system
provides in real time the complete picture of FCM crew operations: lateness, illness,
schedules, etc. Furthermore, the parameters used for the production of pairings and
schedules in the Altitude and PBS systems will be available for consultation by the
MEC.
May 1st, 2011
2010-2014 Collective Agreement
14.
WORKING CONDITIONS
14.1
Permanent Base and Assignment Base
14.1.1
The Company operates three (3) permanent bases: Montreal, Toronto and Vancouver.
14.1.2
Upon being hired, FCMs are assigned to one of the three (3) bases by the Company.
14.1.3
FCMs’ bases are noted on the seniority list.
14.1.4
An FCM with seniority standing equal to or senior to the threshold shall be protected
at his base for all classifications on all aircraft types.
Example: Threshold # 213
A Second in Command based at Montreal with a seniority standing of 205 obtains
a position as an A-310 Captain, posted for the base at Toronto. Because his
seniority standing is senior to the threshold, he is not required to change base to
carry out the duties of his new position.
14.1.5
An FCM whose seniority standing is junior to the threshold shall be protected at his
base with regard to classification and aircraft type. However, should he volunteer to
change classification or aircraft type, he may be required to change base to carry out
his new duties. If he is forced to change aircraft type or classification because of
involuntary transfer, his current base shall be maintained.
Example: Threshold # 213
A Second in Command with a seniority standing of 220 indicates in his letter of
preference that he is willing to change his base from Montreal to Toronto or
Vancouver to obtain a position as an A-310 Captain. If the Company posts a
position for an A-310 Captain at Toronto and the Second in Command in question
obtains it, he must change his base to Toronto.
14.1.6
Section 14.1.5 notwithstanding, the Company may transfer an FCM to another base
provided he has been laid off for a period equal to or longer than four (4) consecutive
months and his seniority standing is junior to the threshold. The FCM shall be
notified of the change in base in writing, with a copy to the Association.
14.1.7
The initial threshold corresponds to standing 180 in the Pilots’ Seniority List dated
December 1, 2010. The threshold is reduced by one unit for every two (2) departures,
or illness lasting longer than two years and which make a return to work improbable,
of FCMs whose seniority standings are senior to that threshold.
Example: Threshold
June 1, 2010
September 1, 2011: FCM #2 retires
October 10, 2011: FCM #65 resigns
March 15, 2012: FCM #5 retires
June 12, 2012: FCM #110 resigns
#180
#180
#179
#179
#178
14.1.8
When an FCM’s seniority standing reaches the threshold, he shall be entitled, once
only during the course of his employment, to transfer to a base of his choice,
regardless of the position he holds, in accordance with sections 15.5 and 15.6.
14.1.9
In order to hold a temporary position, an FCM whose seniority number is higher than
the boundary must hold the temporary position at the base of the FCM to be replaced.
May 1st, 2011
Page 53 of 118
2010-2014 Collective Agreement
14.2
14.3
Temporary Base
14.2.1
A temporary base may not be operated for more than six (6) consecutive months.
14.2.2
The assignment of FCMs to a temporary base shall not be greater than twenty percent
(20%) of the total of such personnel, and shall be on voluntary basis by order of
seniority. If there are too few volunteers, assignments shall be filled by pairings
(respecting the FCM’s base) or by assigning temporary FCMs.
Beginning and End of Duty Period
The time at which duty periods begin and end varies depending on the particular assignment, as
follows:
Assignment
International Flight
Continental Flight
D/H by air or by rail
D/H by land 1
Beginning of Period
One hour twenty minutes
(1:20) before departure time.
One (1) hour before departure
time.
One (1) hour before departure
time.
Scheduled departure time.
End of Period
Fifteen (15) minutes after blockin at final destination.
Fifteen (15) minutes after blockin at final destination.
Fifteen (15) minutes after
scheduled arrival time.
FCM’s arrival at base or rest
facilities
1)
Only D/Hs by land scheduled to last longer than one (1) hour are included in duty periods.
However, the Company will readjust the scheduled time of D/H by land if over a sampling of
fifteen (15) occurrences, thirty (30) percent or more of these are reported as being longer.
2) In all cases, the duty period is always calculated according to the assignment base.
14.4
Duty Period
14.4.1
The maximum planned duration for flight duty time and duty periods are as follows:
Day Duty Period
Regular crew
Augmented crew
Flight duty time:
Duty period:
Flight duty time:
Duty period:
Fourteen (14) hours
Fifteen (15) hours
Fifteen (15) hours
Fifteen (15) hours
Flight duty time:
Duty period:
Deadheading only:
Fourteen (14) hours
Fourteen (14) hours
Fifteen (15) hours
Night Duty Period
Note:
14.4.2
When a D/H intended to return an FCM to his base is programmed into the last duty
period of a pairing in accordance with section 14.4.3, the following provisions shall
apply:
14.4.2.1
Page 54 of 118
Deadheading time following a flight is included in the calculation of the
duty period, but not in the flight duty time.
The D/H shall be planned to depart no later than three (3) hours after the
scheduled arrival time of the last flight flown by the FCM, with the duty
period not exceeding fifteen (15) hours.
May 1st, 2011
2010-2014 Collective Agreement
14.4.2.2
14.5
If flight availability, including time required for connection, does not
permit the application of section 14.4.2.1, the duty period may be
extended to an absolute maximum of sixteen (16) hours, provided the
D/H does not exceed four (4) hours.
14.4.3
When a pairing terminates with deadheading from an airport in Canada, the Company
shall program this as part of the last duty period during which the FCM has a flight,
subject to section 14.4.2. If, under section 14.4.2, it is impossible to program the D/H
within the last duty period, the Company shall plan the FCM’s return to base on the
first available flight following his rest period. However, if the D/H means the FCM
has a night duty period, the return shall be delayed so that the D/H departure shall
take place between 0700 and 1700 hours local time, preferably before noon.
14.4.4
AN FCM who is able to cut short a pairing ending with a D/H because of unforeseen
operational circumstances (delay, ferry flight, etc.) may do so provided the following
conditions are observed:
14.4.4.1
CSD must be informed of the FCM’s intentions and provide
authorization. Approval is compulsory, unless there is a serious reason
relating to operations, and
14.4.4.2
The FCM’s D/H does not create additional cost to the Company, and
14.4.4.3
The D/H is carried out from an airport in Canada.
14.4.5
A duty period that includes two (2) flight segments, one of which is overseas, cannot
include D/H after the last flight except to return the FCM to his base.
14.4.6
Until the final implementation of the FRMS module, a duty period that includes a
D/H following an eastbound overseas flight shall end no later than 1200 hours UTC.
14.4.7
A night duty period that incorporates an overseas flight or a flight longer than six (6)
hours cannot include a flight following the overseas segment or the flight longer than
six (6) hours.
14.4.8
No flight shall be operated with an augmented crew unless a Club category seat is
reserved for the exclusive use of the FCMs.
14.4.9
When a D/H is required before simulator training, the FCM shall benefit from a rest
period following the D/H, in accordance with section 14.7.3.3. However, the
simulator session may be planned immediately following the D/H, provided it starts
no later than six (6) hours after the beginning of the duty period.
14.4.10
A computer system supported by the Company ensures that no FCM will be planned
or required to achieve more than 90 hours of flight time within 30 days.
Extension of Duty Period
14.5.1
May 1st, 2011
If, because of unforeseen operational circumstances, an FCM foresees that his flight
duty time will be longer than fourteen (14) hours [fifteen (15) hours with an
augmented crew], the decision to continue beyond these limits is left to his discretion.
If he agrees, he may extend his flight duty time up to an absolute maximum of
seventeen (17) hours [eighteen (18) with an augmented crew]. However, he shall
obtain authorization from the vice-president of flight operations or his representative
if he expects to exceed a duty period of sixteen (16) hours, [seventeen (17) hours with
an augmented crew].
Page 55 of 118
2010-2014 Collective Agreement
14.5.2
If, because of unforeseen operational circumstances, an FCM foresees that the length
of his duty period will be longer than fifteen (15) hours without, however, exceeding
the flight duty time specified in section 14.4.1, he shall remain on duty until he
reaches a maximum of seventeen (17) hours.
14.5.3
If, because of unforeseen operational circumstances, a duty period ending at the
FCM’s base exceeds sixteen (16) hours, the FCM is entitled to request hotel
accommodation upon arrival at his base.
14.5.4
If, because of unforeseen operational circumstances, an FCM’s duty period ends one
(1) hour or less after the start of a GDO, the FCM shall be entitled to the full GDO
period starting at the actual time his duty period ends.
14.5.5
If, because of unforeseen operational circumstances, an FCM’s duty period ends more
than one (1) hour after the start of a GDO, the latter shall be granted to him in the
form of two (2) IOUs, depending on whichever of the following occurs first:
14.5.6
14.5.5.1
If the FCM’s flight block for the current or following month (when
published) includes one or more blank days, the IOUs shall be postponed
to these days, as selected by the FCM. However, the FCM is not required
to use his IOUs on blank days that do not immediately follow a GDO or
annual vacation period.
14.5.5.2
If the option described in section 14.5.5.1 is not available, the IOUs shall
be added to the GDO bank for the following month.
If, because of unforeseen operational circumstances, such as stipulated in section
14.5.1, the duration of the flight duty time and/or the duty period is excessive, the
FCM is entitled to the following premiums:
Regular crew
Flight Duty Time Premium (gross)
Exceeds 14 hours $100.00
Exceeds 15 hours $200.00 (additional premium)
Exceeds 16 hours $750.00 (additional premium)
Augmented crew
Flight Duty Time Premium (gross)
Exceeds 15 hours $100.00
Exceeds 16 hours $200.00 (additional premium)
Exceeds 17 hours $750.00 (additional premium)
The $750 premium will be offered to the FCM provided unforeseen operational
circumstances and shall only be used to return the aircraft to a base situated in
Canada.
If the circumstances change after the acceptance of this premium, leading to the
extension of the duty period agreed upon at the time of the offer, FCMs shall be
notified of changes and may alter their decision and claim the rest period prescribed
in section 14.7.3.
If an FCM carries out a duty period of a duration exceeding 15 hours but without
exceeding the flight duty time stipulated above, he or she is entitled to a gross
premium of one hundred dollars ($100.00).
Page 56 of 118
May 1st, 2011
2010-2014 Collective Agreement
14.6
14.7
Delays
14.6.1
When an FCM is advised of a delay before leaving his rest facilities, the start of the
duty period shall be delayed for up to three (3) hours, depending on the new flight
departure time or the FCM’s D/H. If the delay is longer than three (3) hours, the duty
period shall be considered as having begun three (3) hours after the original time at
which the FCM was to present himself for work.
14.6.2
When an FCM arrives at work without having been informed of the delay, the duty
period shall begin at the original time at which he was to present himself for work.
14.6.3
When the Company wishes to advise an FCM of a delay, it shall make sure that the
FCM’s full rest period remains uninterrupted – i.e. between eleven (11) to three (3)
hours before the original scheduled departure time.
14.6.4
When a delay causes an FCM to arrive more than three (3) hours late at his base after
a pairing, CSD shall, at the request of the FCM and in accordance with his
instructions, inform those concerned of the delay. However, should the FCM so
desire, he may give CSD permanent instructions to this effect, in writing. Should a
delay of more than three (3) hours occur, CSD shall then automatically inform those
concerned.
Rest Period
14.7.1
A rest period is the interval of time between two (2) duty periods.
14.7.2
The minimum length of time of a rest period varies based on the duty period
preceding it and the location at which it is taken. The rest period shall in any case
allow the FCM to sleep at the rest facilities for a minimum of eight (8) consecutive
hours, in addition to the time required to arrive at and return from the facilities and
the time required for personal hygiene and meals.
14.7.3
Minimum Length of Rest Period
14.7.3.1
At FCM’s base
Duty Period Preceding the Rest Period
Beginning of Period
Time Difference
(local time)
Three (3) hours or less
0000 h – 2359 hrs
Over three (3) hours
14.7.4
May 1st, 2011
Minimum Rest Period
Fifteen (15) hours
Twenty-four (24) hours
14.7.3.2
Minimum rest periods stipulated in section 14.7.3.1 notwithstanding, an
FCM returning to his base after a flight with duty periods and a time
difference greater than three (3) hours shall be entitled to a minimum rest
period of twenty-four (24) hours.
14.7.3.3
Away from FCM’s base: twelve (12) hours.
If, because of unforeseen operational circumstances, the duty period exceeds the
maximum planned (as stipulated in section 14.4.1), the minimum length of the rest
period that follows shall be extended by the same number of hours as that by which
the planned maximum was exceeded.
Page 57 of 118
2010-2014 Collective Agreement
14.7.5
Unfit to Exercise Pairing Functions
Following an event out of his or her control, an FCM who is unfit to carry out his or
her functions during a pairing must refer to Appendix L of the Collective Agreement.
Furthermore, a QSAP report must be submitted within 48 hours following the event.
14.8
14.9
Pairings
14.8.1
Subject to the applicable provisions, CSD may change pairings during the month. All
pairings shall comply with the provisions of this Collective Agreement.
14.8.2
Subject to section 14.8.3, the maximum length of pairings shall be six (6) consecutive
days.
14.8.3
The maximum length of pairings carried out under a “Wet lease”, “Damp lease” or
ACMI shall be fourteen (14) consecutive calendar days.
Flight Block Changes
14.9.1
Subject to the applicable provisions, CSD may change an FCM’s flight block during
the course of a given month. However, the FCM shall not be required to acquire more
than ninety (90) FTCs during a month (unless he previously authorized this when
bidding) or to work for more than seven (7) consecutive days.
14.9.2
Any duty period carried out on the day preceding a GDO shall be planned so that it
ends no later than 2359 hours local time at the FCM’s base.
14.10 Availability of FCMs on a pairing outside Canada
An FCM on a pairing outside Canada and who is away from his hotel room between 1700 and
1800 hours or 0800 and 0900 hours local time shall contact the hotel at least once during each of
these periods to check whether the CSD has left him a message. However, the FCM does not have
to do this if this period falls during a rest period that immediately precedes or follows a duty
period. If CSD assigns him to one or more flights other than those planned in his pairing upon
departure from his base, the FCM shall be required to accept the assignment and shall inform
CSD of the time at which he will be able to present himself for work. However, in a spirit of
cooperation, the FCM shall take into account the assignment requested and its feasibility within
the specified time frame in order to minimize the impact on operations. The FCM shall be entitled
to FTCs applicable to changed pairings, in accordance with section 14.17.5. In order to minimize
the interruptions of the FCM’s rest period, CSD must exercise judgment when it must reach an
FCM at the rest facilities. Generally, no call will be made to the FCM more than three hours and
thirty minutes (3:30) prior to the expected takeoff of the original routing.
14.11 Reserve Blocks
14.11.1
There are two (2) types of reserve periods – AM and PM – each lasting for twelve
(12) hours.
14.11.2
An AM-type reserve period starts at 0400 hours and ends at 1600 hours. A PM period
starts at 1400 hours and ends at 0200 hours.
Note: The day before a GDO or FDO, PM reserve periods shall end at 2359 hours.
Page 58 of 118
May 1st, 2011
2010-2014 Collective Agreement
14.11.3
CSD must be able to reach the FCM by telephone or pager at all times during the
latter’s reserve period. The FCM shall make sure that his main telephone number,
secondary telephone number and/or pager (if applicable) are entered in his personal
file on the Company’s ECREW system.
14.11.4
Once the reserve FCM has been advised that he has a pairing, he has two hours to
arrive at work.
14.11.5
A reserve FCM who cannot be reached by CSD after three (3) consecutive calls at
least ten (10) minutes apart is deemed to be unavailable.
Example: First call at 1200 hours
Second call at 1210 hours
Third call at 1220 hours - If the FCM cannot be reached on this call, he shall be
deemed to be unavailable.
14.11.6
During his reserve period, the FCM shall be required to take any pairing assigned to
him by CSD, provided that the time elapsed between the start of the reserve period
and the planned end of the duty period does not exceed twenty-four (24) hours. This
twenty-four hour (24) period is known as the “window of availability”.
Example 1: An FCM with an AM-type reserve (0400-1600). CSD informs him at 1300 that he
has a flight with a scheduled departure at 2000 hours, with the duty period
ending at 0345. As it is expected that the duty period shall end before the
deadline of 0400, the FCM must accept the flight.
Example 2: An FCM with a PM-type reserve (1400-0200). CSD informs him at 0100 hour
that he is required to work a flight with a scheduled departure of 0600 hours,
with the duty period ending at 1730 hours. As it is expected that the duty period
will end after the 1400 hour deadline, the FCM is not required to accept the
flight.
14.11.7
The restrictions concerning reserve FCM availability, set out in section 14.1l.6
(window of availability), shall not apply if the assignment of a pairing is preceded by
notice of at least twenty-four (24) hours. Such notice shall be given during a reserve
period or at the end of a pairing on the E-CREW system.
14.11.8
When, under section 14.11.7, the FCM is assigned a duty period that does not
conform to his window of availability, CSD shall withdraw any reserve period in his
block for the twenty-four (24) hours preceding the start of the duty period.
14.11.9
During the twelve (12) hours preceding the start of his reserve period, the FCM is on
a rest period that cannot be interrupted by CSD attempts to contact him.
14.11.10
Section 14.11.6 notwithstanding, an FCM on reserve shall not be required to carry out
a pairing when the duty period is scheduled to end later than 0100 hour on a GDO. If
he does accept, the provisions of section 14.12 shall apply.
May 1st, 2011
Page 59 of 118
2010-2014 Collective Agreement
14.11.11
An FCM on reserve cannot refuse assignment to a pairing that requires him to work
during an FDO. However, CSD cannot replace an FDO by a reserve period. The FDO
that has been worked must be granted during the course of the month by attaching it
to a leave period. The deferred day off shall remain floating. However, the FCM shall
have obtained twelve (12) days off at the end of his month. The incentive stipulated in
section 14.12.1.2 shall not apply to FDOs that have been worked. However if, at the
Company’s request, the FCM agrees to fewer than twelve (12) days off during the
reserve month, he shall receive the incentive stipulated in section 14.12.1.2 for each
of the twelve (12) days’ leave worked.
14.11.12
Although the PM-type reserve period ends at 2359 hours on the eve of an FDO, an
FCM who is contacted by CSD during this period shall be required to carry out a duty
period which carries over into his FDO.
Example: An FCM has a PM reserve on Monday and an FDO on Tuesday. CSD must be
able to contact the FCM between 1400 and 2359 hours. At 1600 hours, CSD
gives him a pairing that begins at 0400 hours Tuesday, ending 1300 hours
Tuesday. As it is expected that the duty period shall end before the 1400 hour
deadline, the FCM must accept the flight.
14.11.13
Once a month, CSD may assign an FCM a reserve pairing that cannot exceed six (6)
consecutive days, including deadheading days. The FCM shall be entitled to the FTCs
and per diems applicable to regular pairings for the full length of this pairing. All
“reserve pairings” shall be carried out at one of the three (3) permanent bases.
14.11.14
A reserve FCM shall not be required to work more than seven (7) consecutive days.
However, for purposes of this section, reserve days at the FCM’s base during which
he is not required to present himself for work are not considered to be working days.
Example:
14.11.15
The FCM is on reserve from Monday to Sunday. On Thursday, CSD assigns him
a pairing of six (6) days, whereas his services have not been required on
Monday, Tuesday and Wednesday. If the pairing does not carry over into a
GDO, the FCM must accept it.
All reserve days away from the FCM’s base shall be considered working days and
thus subject to the provisions limiting the number of consecutive days worked to
seven (7).
Example:
The FCM is on his third reserve day away from his base and CSD wants to
assign him a pairing of five (5) days. As this brings the number of consecutive
working days to eight (8), the FCM is not required to accept.
14.11.16
When several FCMs holding the same position at the same base are on reserve during
the same period, CSD shall make the assignment calls based on seniority. FCMs can
refuse the assignment if this does not occasion the payment of overtime to an FCM
with less seniority.
14.11.17
AN FCM on reserve who works a duty period shall then benefit from a rest period, in
accordance with the provisions of section 14.7. He shall resume his original reserve
block schedule at the end of this rest period. If he is still on reserve, CSD must be
able to contact him during the last two (2) hours of his rest period. However, the call
from CSD can only take place within the FCM’s original reserve period.
Example 1: An FCM is on AM reserve Thursday and Friday. CSD assigns him a flight on
Thursday and his rest period ends at 1000 hours Friday morning. The FCM
Page 60 of 118
May 1st, 2011
2010-2014 Collective Agreement
must be able to be contacted by the CSD from 0800 Friday morning and he can
be required to present himself for work no later than 1000 hours.
Example 2: An FCM is on PM reserve Saturday and Sunday. CSD assigns him a flight on
Saturday and his rest period ends at 1500 hours Sunday afternoon. CSD must
wait until 1400 hours to contact him and the FCM can be required to present
himself for work from 1600 hours.
14.12 Working during a GDO
14.12.1
14.12.2
14.12.3
When, at the Company’s request, an FCM agrees to work during a GDO, he shall
have the option of
14.12.1.1
Postponing his day off to a later date (IOU), or
14.12.1.2
Losing his day off in exchange for monetary compensation.
The procedure for postponing a day off under section 14.12.1.1 is as follows:
14.12.2.1
If the FCM’s flight block for the current or following month (when
published) includes one or more blank days, the IOU is deferred to one
of these days, as selected by the FCM. However, the FCM is not required
to postpone his IOU to a blank day that is not juxtaposed to a GDO or
annual leave, or
14.12.2.2
If the option described in section 14.12.2.1 is not available, the IOU shall
be added to the GDO bank for the following month.
The compensation stipulated in section 14.12.1.2 shall be paid as follows:
14.12.3.1
The FCM shall receive time and a half for each FTC accumulated during
leave day(s) worked, regardless of total FTCs accumulated during the
month. In any case, the FCM shall receive a minimum of 4 FTCs per day
off worked at time and a half, and
14.12.3.2
FTCs accumulated and paid during days off worked shall not be included
in the FCM’s monthly total.
Example 1: An FCM has a monthly flight block of 83 FTCs. He agrees to work during a
GDO and is credited 7 FTCs for that day. He receives his regular salary for the
month plus an incentive of 7 FTCs paid at time and a half.
Example 2: An FCM’s flight block provides for GDOs on Tuesday and Wednesday and he
has a pairing from Thursday to Sunday. The FCM agrees to work during his two
(2) GDOs and carries out the following pairing:
Tuesday:
YUL-CDG Departure time: 2200 hours local time
Wednesday:
CDG
Arrival time: 0500, hours, Montreal time
Thursday:
CDG
Friday:
CDG-YUL
In addition to his regular salary, the FCM receives the following incentive:
Tuesday:
4 FTCs (minimum per day off worked)
Wednesday:
5 FTCs (flight hours)
TOTAL:
9 FTCs (paid at time and a half)
When calculating overtime payable to the FCM, FTCs accumulated for
Thursday and Friday are included in his monthly total. However, the 9 FTCs
accumulated for Tuesday and Wednesday are not included.
May 1st, 2011
Page 61 of 118
2010-2014 Collective Agreement
14.12.4
When an FCM agrees to carry out a pairing during a day off and thus cannot work a
pairing already provided for in his flight block, he shall lose the FTCs for the pairing
he is unable to work.
14.13 Work During Blank Day
14.13.1
14.13.2
Assignment of a pairing to an FCM by CSD in replacement of a blank day is subject
to the following provisions:
14.13.1.1
If the FCM is on a pairing or if it is planned that he will have a pairing
before the blank day in question, CSD shall leave him a message through
the ECREW system or during a call to CSD. When communications
systems will allow it, the message will also be transmitted by SMS to the
wireless telephone number that the FCM who wishes it done so, will
have indicated in the system. Under section 14.16.5, the FCM is required
to check his messages on return from a pairing and, subject to section
14.13.1.3, to accept the pairing assigned to him.
14.13.1.2
If assignment of a pairing prevents the FCM from carrying out a pairing
contained in his flight block, he shall receive FTCs for the pairing that
contains the highest number of FTCs.
14.13.1.3
If assignment of a pairing requires the FCM to work during a day off, he
may refuse it. If he agrees, the provisions of section 8.3.2 or 14.12 shall
apply.
If CSD’s request does not comply with section 14.13.1.1, the FCM can refuse it. If he
accepts it, the FTCs accumulated during the pairing are included in his monthly total.
However, if the assignment of a pairing requires him to work during a day off, the
provisions of section 8.3.2 or 14.12 shall apply.
14.14 Flight Time Credits (FTCs)
14.14.1
To determine the compensation to which an FCM is entitled, the Company shall
calculate the number of FTCs accumulated by the FCM during the month as follows:
Activity
Flight Time
D/H by air
D/H by land
Simulator
Ground Training
Sick Leave or Injury
Annual Leave
Reserve
Association Business
Page 62 of 118
FTC
One hundred percent (100%) of flight time is
converted into FTCs. The FCM obtains a
minimum of 4 FTCs per duty period during
which he works a flight.
Fifty percent (50%) of scheduled flight time is
converted into FTCs
Fifty percent (50%) of time scheduled is
converted into FTCs
5 FTCs / session
3 FTCs / training period of four (4) hours or less
4 FTCs / day
4 FTCs / day
3.33 FTCs / period
4 FTCs / day
May 1st, 2011
2010-2014 Collective Agreement
An FCM who arrives for work
and whose flight has been
cancelled or taken by another
FCM
14.14.2
4 FTCs
While on a pairing, an FCM accumulates FTCs based on the higher of the following:
14.14.2.1
Total FTCs accumulated for flight time and D/H, in accordance with
section 14.14.1, or
14.14.2.2
Total FTCs accumulated at a rate of one (1) FTC for every four (4) hours
of a pairing.
Pairing hours are calculated from the beginning of the first duty period of
the pairing until the end of the last duty period of the pairing.
When a pairing overlaps two months and the FTC total accumulated in
accordance with 14.14.2.2 exceeds the FTC total accumulated in
accordance with 14.14.2.1, the monthly FTC split of the excess FTCs
generated by 14.14.2.2 is proportional to the pairing hours in each month.
Example: A pairing starts on July 30 at 1600 hours and ends on August 2 at
2000 hours. It awards 15 FTCs (flying hours and D/H combined).
Pairing hours:
76
Total FTCs generated by the 1-in-4 rule:
19 (76 ÷ 4)
Excess FTCs generated by 14.14.2.2:
4 (19 -15)
These four (4) excess FTCs are apportioned as follows:
Pairing hours in July:
32 (42%)
Pairing hours in August:
44 (58%)
FTCs generated by 14.14.2.2 for July:
1.7 (42% of 4)
FTCs generated by 14.14.2.2 for August:
2.3 (58% of 4)
14.14.3
The total hours of flight time and D/H credits accumulated during a duty period that
overlaps from one month into another shall be included in the month in which the
duty period began (local time).
14.15 Wet lease, Damp lease and ACMI
14.15.1
May 1st, 2011
FCMs shall be assigned to “Wet lease”, “Damp lease” or ACMI in accordance with
the following:
14.15.1.1
CSD shall inform FCMs of the details of the “Wet lease”, “Damp lease”
or ACMI via a message giving details of the aircraft type, number of
crews required, destination(s) and duration of pairing through the
ECREW system or during a call to CSD. At the latest by November 15,
2011, the message will also be transmitted by SMS to the wireless
telephone number that the FCM who wishes to do so, will have indicated
in the system.
14.15.1.2
If there is insufficient time for the Planning Department to include “Wet
lease., « Damp lease” or ACMI flights in the following month’s pairings
so that they can be attributed via the PBS, interested FCMs shall contact
CSD to apply. CSD shall then assign the flight(s) by seniority at the base
from which the flight(s) originate, among the FCMs who have applied in
this manner, regardless of activities already scheduled in their flight
blocks. CSD is not, however, required to assign the flight(s) to FCMs
Page 63 of 118
2010-2014 Collective Agreement
already on a pairing at the time the contract begins. Furthermore, CSD is
not required to proceed by seniority if the time between obtaining the
“Wet lease”, “Damp lease. or ACMI and the first flight is seventy-two
(72) hours or less.
14.15.1.3
When the assignment of a “Wet lease”, “Damp lease” or ACMI pairing
requires an FCM to work during a GDO or annual leave, the FCM cannot
take advantage of the provisions of section 14.12 if he has volunteered.
Leave days worked are deferred in the form of IOUs, based on the earlier
of the following two eventualities. If this is not feasible, such days shall
be compensated as specified in section 14.12.
14.15.1.3.1
If the FCM’s flight block for the current month or
following month (when published) includes one or more
blank days, the IOU is deferred to one of these days, as
selected by the FCM. However, the FCM is not required to
postpone the IOU to a blank day that is not juxtaposed to a
GDO or annual leave, or
14.15.1.3.2
If the option described in section 14.15.1.3.1 is not
available, IOUs shall be added to the GDO bank for the
following month. IOUs that cannot be postponed shall be
compensated as specified in section 14.12.
14.15.2
All “Wet lease”, “Damp lease” or ACMI pairings shall comply with the clauses of
this Collective Agreement. However, special conditions can be the subject of a letter
of understanding between the Company and the Association. In such an event, the
FCM may refuse the assignment, unless he has the lowest seniority.
14.15.3
The cost of vaccinations and/or visas required to carry out a “Wet lease”, “Damp
lease” or ACMI shall be assumed by the Company.
14.16 CSD
14.16.1
All CSD coordinators shall receive training regarding this Collective Agreement and
Canadian Aviation Regulations (CARs) with the participation of an approved member
of the MEC.
14.16.2
A telephone line is available for the exclusive use of FCMs, so that they may contact
their specific CSD coordinators at any time.
14.16.3
Before the start of a pairing, an FCM must confirm by means of a phone call to the
CSD or the approved computer communication system that he will be arriving at
work. The call shall be made six (6) to two (2) hours before the scheduled departure
of the flight or the D/H.
14.16.4
CSD is required to advise an FCM with a pairing of any delay or change to such
pairing.
14.16.5
Upon his return to base at the end of a pairing, the FCM shall collect any messages
that CSD has left through the ECREW system or a call at CSD. At the latest by
November 15, 2011, the message will also be transmitted by SMS to the wireless
telephone number that the FCM who wishes to do so, will have indicated in the
system.
Page 64 of 118
May 1st, 2011
2010-2014 Collective Agreement
14.17 Reassignment/Change in Pairing
14.17.1
No pairing shall be withdrawn from an FCM’s flight block unless it is due to:
•
•
•
•
Cancellation of the flight
Change in aircraft type
Non-compliance with the provisions of this Collective Agreement
A change in crew for purposes of a training flight or check flight
However, the number of days planned for the published original pairing, including
overlapping days, shall remain unchanged and the FCM shall be informed orally as
soon as possi
14.17.2
Section 14.17.1 notwithstanding, CSD may, with the FCM’s agreement, withdraw
any pairing from his fight block.
14.17.3
When a pairing is withdrawn from an FCM’s flight block and assigned to another
FCM for training or check flight purposes, the first FCM shall receive the FTCs
applicable to the entire pairing, in accordance with section 14.14.2.
14.17.4
When a pairing is withdrawn from an FCM’s flight block, CSD shall have the option
of
14.17.4.1
May 1st, 2011
Informing the FCM that he has been reassigned. In this case, the
following provisions shall apply:
14.17.4.1.1
The FCM must contact CSD between 2000 and 2100 hours
local time on the eve of the days that he would have been
on a pairing in order to check whether his services are
required for the following day. However, if the contact
period falls inside a minimum crew rest period in
accordance with section 14.7.3, the FCM is not required to
contact CSD. The FCM who is on reassignment due to the
removal of a pairing in which the duty period overlaps two
(2) calendar days must contact CSD only on the eve of the
calendar day his pairing would have started.
14.17.4.1.2
If CSD advises the FCM during the call that his services
are required, he cannot be required to report for work
before 0600 local time the next day.
14.17.4.1.3
CSD must be able to reach the FCM by telephone between
0700 and 0800 hours on the morning of each day he was
supposed to be on a pairing. However, if the contact period
falls inside a minimum crew rest period in accordance with
section 14.7.3, CSD shall not attempt to contact him. The
FCM who is on reassignment due to the removal of a
pairing in which the duty period overlaps two (2) calendar
days must be reachable by CSD only on the morning of the
calendar day his pairing would have started.
14.17.4.1.4
When CSD communicates with an FCM between 0700 and
0800 hours to obtain his services, the FCM has a minimum
of two (2) hours and thirty (30) minutes after the call to
present himself for work. If his show time is within ten
(10) hours following the call from CSD, the duty period
Page 65 of 118
2010-2014 Collective Agreement
shall be considered as having begun two (2) hours and
thirty (30) minutes after the call. Otherwise, the duty
period shall begin at the time at which the FCM is required
to present himself for work.
14.17.4.1.5
The last day on which he would have been on a pairing,
the FCM shall check whether the CSD has left any
messages for him in his voice mail box, as he would
normally do if returning from a pairing. This must be done
between 2000 and 2100 hours local time. An FCM who
has been reassigned shall receive the FTCs for the pairing
that he should have carried out or for the new pairing
assigned to him, whichever is the higher.
14.17.4.2
Informing the FCM that the days on which he would have been on pairings become
blank days. Subject to section 14.17.3, the FCM shall not receive any FTCs for the
cancelled pairing.
14.17.4.3
If the FCM has arrived for work before CSD has informed him that he no longer has a
pairing, he shall receive 4 FTCs for the day. If the cancelled pairing is longer than one
day, CSD may advise the FCM that he is being reassigned or has blank days, in
accordance with the provisions of this section.
14.17.5
If the FCM’s pairing is changed after flight blocks are published, he shall be entitled
to FTCs for the original or revised pairing, whichever is the higher.
14.17.6
A pairing awarded as the result of reassignment cannot overlap the following month
if the flight blocks for the following month are not yet published.
14.18 Return to Work after Sick Leave
14.18.1
When an FCM holding a flight block reports that he is able to return to work from
sick leave taken in lieu of a pairing, the following provisions shall apply:
14.18.1.1
If the FCM’s services are required at the time of the call, he has a
minimum of two (2) hours and thirty (30) minutes after the call to present
himself for work. If his show time is within ten (10) hours following the
call to CSD, the duty period shall be considered as having begun two (2)
hours and thirty (30) minutes after the call. Otherwise, the duty period
shall begin at the time at which the FCM is required to present himself
for work. Notwithstanding the foregoing, CSD shall not require that the
FCM work on a day that he was not scheduled to work.
14.18.1.2
If the FCM’s services are not required at the time of the call, the
provisions of section 14.17.4 shall apply.
14.18.2
When an FCM holding a reserve block reports that he is able to return to work from
sick leave he shall resume his reserve block. If he reports able to return to work while
on reserve, he has a minimum of two (2) hours after the call to present himself for
work, in accordance with section 14.11.4. If he reports able to return to work while on
an FDO, the provisions of section 14.11.11 shall apply.
14.18.3
When an FCM reports that he is able to return to work while on a GDO or blank day,
he shall resume his schedule as published. If CSD requires the use of his services, the
provisions of sections 14.12 and 14.13 shall apply.
Page 66 of 118
May 1st, 2011
2010-2014 Collective Agreement
15.
PER DIEM AND EXPENSES ABSORBED BY THE COMPANY
15.1
Per Diem
15.1.1
Subject to section 15.1.2, the Company shall pay an FCM who is away from his base
on training or a pairing an allowance (per diem) based on the hourly rates stipulated
in sections 15.2 and 15.3, for the full length of his absence. This hourly rate shall
apply from the scheduled or actual departure time of the flight or deadheading at the
beginning of the period of absence, whichever occurs first. The rate shall cease to
apply at the actual arrival time of the flight or deadheading at the FCM’s base at the
end of the period of absence. In the event of unforeseen operational circumstances,
the Company may ask an FCM to waive his minimum rest period at his base. Should
he accept, he shall be entitled to hotel accommodation and the per diem for the full
duration of his absence.
15.1.2
Only pairings including at least one continuous period on the ground of four (4) hours
or more (chocks in, chocks out) shall qualify for a per diem. If training requirements
oblige an FCM to leave his base for a period in excess of thirty (30) consecutive
calendar days, the Association shall negotiate a specific hourly rate to cover such a
contingency.
15.1.3
An FCM who starts a duty period that ends outside Canada shall receive the outsideCanada hourly rate until the end of the next duty period terminating in Canada. At
that time, if the pairing is still ongoing, he shall receive the Canada hourly rate to the
end of the pairing or until he begins another duty period ending outside Canada.
Note:
The UKI supplement is applicable effective from the start of a duty period ending in
the United Kingdom or Ireland until the end of the duty period ending outside the
United Kingdom or Ireland.
Example: Pairing for an FCM based at YUL
Pairing
Day 1
Day 2
Day 3
Day 4
15.2
Duty Period
Hourly rate
YUL-YYZ-YHZ-YYZ Canada
YYZ-LGW
Outside-Canada + UKI supplement effective
start of duty period
LGW-CDG
Outside-Canada + UKI supplement to end of
duty period
CDG-YYZ-YUL
Outside-Canada until arrival of flight at YUL
Hourly Rate
Effective Date
Canada
Outside-Canada *
May 1, 2010
May 1, 2011
May 1, 2012
May 1, 2013
$ 4.04
$ 4.12
$ 4.20
$ 4.28
$ 5.19
$ 5.30
$ 5.41
$ 5.52
The per diem in the United Kingdom and Ireland (UKI) is based on the OutsideCanada hourly rate increased by $0.50.
FCMs training in the United States shall receive the Outside Canada rate plus the UKI
supplement.
May 1st, 2011
Page 67 of 118
2010-2014 Collective Agreement
15.3
Wet Lease, Damp Lease and ACMI
FCMs who are under a “Wet lease”, “Damp lease” or ACMI for a planned duration of seven (7) to
fourteen (14) calendar days shall receive, for the full length of the pairing, the Outside-Canada per
diem, or in Euro currency if it is in Europe, according to the highest of the two.
15.4
Lost, stolen or damaged baggage / Unscheduled technical stop
15.4.1
When an FCM’s baggage is stolen while he is on a pairing or a training trip, the
Company shall compensate him as follows:
Planned period away from base
Six (6) days or less
Seven (7) days
Eight (8) days
15.5
15.6
Amount
$ 500
$ 600
$ 750
15.4.2
To be eligible for the compensation stated in section 15.4.1, the FCM shall submit a
report on the event to the Company, including a detailed list of the contents of the
baggage and the replacement value of each item.
15.4.3
When an FCM’s registered baggage is lost for more than twelve (12) hours while he
is on a pairing or training trip, the Company shall pay him a daily compensation of
one hundred dollars ($ 100) to a maximum of five hundred dollars ($ 500) per event,
on presentation of the appropriate receipts.
15.4.4
If the FCM does not recover his baggage within the seven (7) days following their
loss, the provisions set out in section 15.4.1 shall apply.
15.4.5
To be eligible for the compensation set out in section 15.4.3, the FCM shall submit to
the Company a copy of the missing baggage report from the air carrier involved.
15.4.6
When the FCM’s baggage is damaged while he is on a pairing or training trip, the
Company shall reimburse him for the cost of repairs on presentation of the
appropriate receipts.
15.4.7
Should a delay occur with respect to a continental flight due to unforeseen technical
difficulties requiring a rest period, the Company shall pay the compensation set out in
section 15.4.3, upon presentation of the appropriate receipts.
Eligibility for Moving Expenses
15.5.1
All FCMs with more than three (3) years’ active service who voluntarily transfer to
another base shall be entitled to moving expenses as set out in section 15.6.
15.5.2
All FCMs who are obliged to change base under section 14.1.6 shall be entitled to
moving expenses as set out in section 15.6.
Moving Expenses
Eligible FCMs shall receive the following moving expenses:
15.6.1
Looking for a new home
15.6.1.1
Page 68 of 118
When looking for a new home, an FCM and his spouse shall be entitled
to two (2) confirmed space return air tickets each between the original
base and the new base.
May 1st, 2011
2010-2014 Collective Agreement
15.6.2
15.6.1.2
The FCM may use five (5) GDOs for this purpose, at a time of his
choosing.
15.6.1.3
The FCM shall receive the Canada rate of per diem during this period.
15.6.1.4
The FCM and his spouse shall use hotel accommodation arranged by the
Company during this period.
Transportation
15.6.2.1
The Company shall determine the method of transport to be used by the
FCM and his family when transferring to the new base. However if an
FCM is required to cover more than six hundred (600) kilometres from
his current base in order to settle into his new home, the FCM will be
free to choose his means of transportation. However, this provision
excludes transfers between Montreal and Toronto.
15.6.2.2
Transportation expenses for a maximum of two (2) automobiles owned
by the FCM shall be paid by the Company, which shall determine the
method of transportation to be used. If the Company asks the FCM to
drive his vehicle(s), the latter shall be entitled an allowance in
compliance with Air Transat’s policy applicable to its employees. The
company recognizes that it must keep the Association informed of that
policy as well as any changes brought to it.
15.6.2.3
If the FCM uses his own automobile, the length of the transfer is
established according to the base to which he is transferred – i.e.:
- Montreal to Toronto: 1 day (the FCM is entitled to a per diem of eight
(8) hours)
- Montreal or Toronto to Vancouver: maximum eight (8) days. (The
FCM shall receive the Canada rate of per diem for the length of the
transfer and, upon presentation of the appropriate receipts, the
Company shall reimburse accommodation costs [3-star hotel or
equivalent] for himself and his family).
15.6.3
Accommodation and per diem
15.6.3.1
15.6.4
Moving and installation
15.6.4.1
May 1st, 2011
When he can no longer live in his home at his original base, the FCM
shall be entitled, upon presentation of the appropriate receipts, to the
reimbursement of hotel accommodation (3-star hotel or equivalent) for
himself and his family until he can take up residence in his home at his
new base. Furthermore, the hotel shall be located within a twenty-five
(25) kilometre radius of his new home and have the capacity to properly
accommodate all the members of the FCM’s family. This provision
cannot be longer than the period from the day on which the removal of
effects started to two (2) days after arrival of the FCM’s effects at his
new base. During this period, the FCM shall receive the Canada rate of
per diem.
Following a promotion, an FCM who moves, will have according to the
current practice, a three-month period following the date of the
promotion to get settled properly in his new home. During the month the
FCM is getting settled at his new base, he shall be entitled to five (5)
Page 69 of 118
2010-2014 Collective Agreement
additional GDOs. As of the day on which his furniture and personal
effects arrive at his new base, the FCM may take, consecutively, seven
(7) of the GDOs to which he is entitled for that month. This period may
overlap two (2) months, depending on the date the FCM’s furniture and
personal effects arrive.
15.6.4.2
The Company shall assume the cost of moving the FCM’s furniture and
personal effects up to a maximum of ten thousand kilograms (10,000 kg).
The Company shall select an established moving company. The cost of
the “turn-key” style move, including packing and unpacking, shall be
billed directly to the Company.
15.6.4.3 The FCM’s related costs (notary, welcome tax, lease cancellation, public
utilities, etc.) shall be reimbursed by the Company upon presentation of
the appropriate documents at fifty percent (50%) up to a maximum of
$10,000.
15.6.4.4
15.7
The moving allowance paid to the FCM is amortized over a period of
thirty-six (36) months. If the FCM is again transferred (voluntary
transfer) to a new base within this period, he shall not be entitled to a
new moving allowance. In addition, he shall reimburse the Company, on
a pro rata basis, for any time remaining in the amortization period.
Crew Meals
A committee, which shall include at least two (2) representatives of the FCMs, monitors in
cooperation with the company all the aspects of nutrition, that is, quantity, quality and variety.
The company will consult committee members prior to establishing, changing, or renewing crew
meals.
15.8
15.7.1
The committee and the Company, in addition to its general mandate mentioned at
Section 15.7, shall introduce nutritional practices which allow FCMs to have a certain
number of meal choices adapted to time of consumption, to be served meals at
appropriate intervals, in accordance with Canada’s Food Guide and to use flat ware of
equal quality to Club class.
15.7.2
The provisions of Section 15.7.1 should cover most situations. Some adjustments to
crew meals may be required on some itineraries in order to maintain an appropriate
nutrition level. Consequently, when the standards concerning meal quality, quantity
and/or variety shall be considered lacking or deteriorating, the Company commits to
rectify the situation within thirty (30) days of reception of the written complaint by
the meal committee.
Documents
The Company shall assume the full cost of endorsements, qualification renewals, passports, visas,
etc., as well as any other legal documents required to allow FCMs to carry out their duties.
15.9
Parking Facilities
The Company shall supply FCMs at each base with free, safe parking facilities.
Page 70 of 118
May 1st, 2011
2010-2014 Collective Agreement
16.
ACCOMMODATION AND TRANSPORTATION
16.1
Accommodation
16.1.1
When a duty period includes three (3) hours on the ground or more, an FCM shall be
entitled, upon request, to access a Business Class lounge when available at the airport.
The Company then reimburses the FCM for the access fees to such a lounge. If the
FCM chooses to access such a lounge, he or she cannot request a hotel room if his
duty period includes five (5) hours or more on the ground.
16.1.2
The Company shall provide an FCM with a private hotel room when he is away from
his base and has a rest period equal to or longer than the minimum rest periods
stipulated in section 14.7.
16.1.3
Hotels used by FCMs must all be approved by the Association’s Accommodation
Committee. The hotel room shall be available for the FCM upon his arrival at the
registration counter. If the room is not ready, the FCM shall inform CSD, which shall
resolve the situation or refer the FCM to another equivalent hotel. If the situation
remains unchanged one (1) hour after CSD has been called, the FCM may obtain a
room in a hotel of an equivalent standard.
16.1.4
When a layover is expected to last twenty (20) hours or more (chocks in, chocks out),
or if a rotation includes several stopovers at the same airport and at least one stopover
lasts twenty (20) hours or more, the hotel shall be located in the principal city served
by the departure or arrival airport. The FCM shall have a private, soundproofed, wellventilated room, with functional temperature and light controls.
16.1.4.1
16.1.5
16.2
If an FCM is roomed at a hotel different from the one entered on his routing report or
a hotel not approved by the hotel committee and whose quality is inferior to that of
the network, he or she obtains a $100 compensation for each 24-hour period or less in
that hotel.
Accommodation Committee
16.2.1
16.2.2
16.3
Notwithstanding the provisions in section 16.1.4, hotels located within an
area of ten (10) kilometres from the airport are acceptable for Toronto
and Montreal.
The Company recognizes the formation of an Accommodation Committee, composed
of two (2) FCMs. The Committee’s mandate shall be
16.2.1.1
To receive FCMs’ comments on the hotels used.
16.2.1.2
Inform the Company of FCMs’ complaints in this regard.
16.2.1.3
Ensure that the hotels used comply with the established criteria.
16.2.1.4
Request a change of hotel if a given establishment no longer corresponds
to the criteria.
The Company shall undertake to release and grant union business credits, in
accordance with section 14.14.1, to members of the Accommodation Committee
when meetings with the Company are required.
Selection Committee
When a change of hotel is required or a new destination is served, the parties agree as follows:
May 1st, 2011
Page 71 of 118
2010-2014 Collective Agreement
16.4
16.3.1
A Selection Committee, formed of an FCM (a member of the Accommodation
Committee or his representative) and a Cabin Attendant, shall be set up.
16.3.2
The members of the Selection Committee shall visit hotels preselected by the
Company and evaluate them using the assessment scale (Appendix “G”). The
Committee shall then meet in order to choose the hotel to be used at each destination.
16.3.3
The Company shall undertake to release the member of the Selection Committee so
that he may visit the hotels and attend meetings of the committee. When he is absent
for purposes of visiting hotels, the FCM is entitled to the credits and per diem
applicable to pairings and, for meetings, he shall be entitled to union business credits
as specified in section 14.14.1.
Transportation
16.4.1
When an FCM has a hotel room, the Company shall provide him with transportation
between the airport and the hotel.
16.4.2
When required, the Company shall provide transportation to the FCM so that he can
terminate his pairing at the airport from which he began it.
16.4.3
When deadheading on Air Transat, FCMs shall be entitled to a seat in CLUB class,
based on space availability. These seats are assigned in order of seniority, with
Captains and senior executives of the Company having priority. When no CLUB seat
is available at registration, deadheading on Air Transat is carried out on reclining
double type seats (ex: 26 J-K on A-310) or on a seat in the Option Plus section
(except for a center seat). However, it is agreed that FCMs have priority on the
availability of Option Plus seats. A $150.00 compensation is paid to the FCM who
could not obtain one of the above-mentioned seats.
16.4.4
When the flight time of a D/H by air is more than six (6) hours on a carrier other than
Air Transat, an FCM shall be assigned a Business Class seat. However, this provision
does not apply to non-stop trans-atlantic flights between the assignment base and the
place of crew rest (and vice-versa). In addition, the minimum space between the rows
of reserved seats must be 32 inches or more and no center seat shall be reserved, or
else a $250 compensation is paid to the FCM.
16.4.5
There shall be no D/Hs on Ryanair.
16.4.6
When a duty period includes flight duty time, there shall be no D/Hs on an air carrier
which does not assign seat numbers.
16.4.7
The following criteria shall apply when deadheading using land transportation:
16.4.7.1
Bus
-
Page 72 of 118
Recliner seats fitted with headrests
Air conditioning
Subject to section 14.4.1, when deadheading occurs during a duty
period that includes one or more flights, its maximum planned
duration shall not be more than three hours thirty minutes (3:30).
May 1st, 2011
2010-2014 Collective Agreement
16.4.7.2
Train
-
16.4.7.3
Seats in first class
Subject to section 14.4.1, when deadheading occurs during a duty
period that includes one or more flights, its maximum planned
duration shall not be more than four hours thirty minutes (4:30).
Automobile
-
Maximum of three (3) FCMs per vehicle
The Company shall make every effort to obtain an air-conditioned
vehicle equipped with seats fitted with headrests
Subject to section 14.4.1, the maximum planned duration of
deadheading in an automobile shall not be more than two hours thirty
minutes (2:30).
16.4.8
All the D/Hs are carried out on flights without stopovers if available. In the event that
for economical reasons the Company chose a different itinerary, a premium shall be
paid to the FCM in the following fashion: A two-segment D/H entitles FCMs to $150,
and an additional $100 for each additional segment.
16.4.9
Deadheadings in Europe on a day without flight service are to be carried out in the
afternoon, if available, or else a $100 premium shall be paid to the FCM.
Example:
There is no flight between 1 p.m. and 6 p.m. local time to carry out a
deadheading between CDG and OPO, therefore the D/H can be carried out in
the morning.
16.4.10
Carriers for deadheadings will be designated by the Company after consulting with
the Association.
16.4.11
For a D/H on Air Transat flights, reserved seats for FCMs are indicated on their
routing report.
May 1st, 2011
Page 73 of 118
2010-2014 Collective Agreement
17.
17.1
COMPENSATION
General
17.1.1
An FCM employed for a full month shall be guaranteed a minimum of 85 FTCs, paid
at the hourly rate stipulated in section 17.5. This regular salary is reduced by 2.5
FTCs for each calendar day on which the FCM was on unpaid leave, laid off,
suspended, dismissed or had resigned. This guaranteed minimum shall be of 80 FTCs
on and with effect from May 1st, 2011, in consideration of the Company’s
compliance with the contractual commitment in Letter of Understanding No. 29.
17.1.2
An FCM’s hourly rate is established based on his classification and years of service
(salary level) in accordance with the following:
17.1.2.1
Captain: Hourly rate based on years of service as a Captain within the
Company, including the periods where the FCM was receiving or
accumulating compensatory salary. AN FCM who has occupied a
permanent position of Captain and who has been demoted because of a
reduction in personnel continues to accumulate service time as a Captain
while holding a Second in Command position.
17.1.2.1.1
When a Second in Command is promoted to Captain, his
service time as Captain is based upon the higher of the
following criteria:
a) Service time accumulated as a Captain in accordance
with the provisions of section 17.1.2.1,or
b) Equivalence in service time as a Captain resulting
from service time as a Second in Command, according
to the following table, subject to section 17.1.2.1.2:
Full Years of Service
as Second in Command *
0 to 3 years
4 years
5 years
6 years
7 years
8 years and more
Equivalence in Service Time
as a Captain
none
4 months
5 months
7 months
9 months
12 months
* Complete years of service as a Second in Command are calculated
at the date of the first revenue flight as a Captain.
Example 1: A Second in Command is promoted to Captain while he has
previously accumulated 6 months of service time as a provisional
Captain. On the date of his promotion, he had accumulated 7 years
of service time as Second in Command, i.e., 9 months equivalent
service time as a Captain. Because 6 months < 9 months, his
service time as a Captain is adjusted to 9 months. After 3 months
of service time as a Captain, he is paid the rate in salary scale 1-2.
Example 2:
A Second in Command is promoted to Captain while he has
previously accumulated 18 months of service time as a
provisional Captain. On the date of his promotion, he had
Page 74 of 118
May 1st, 2011
2010-2014 Collective Agreement
accumulated 9 years of service time as Second in Command, i.e.,
12 months equivalent service time as a Captain. Because 18
months > 12 months, his service time as a Captain remains
unchanged, i.e. 18 months.
17.1.2.2
17.1.2.1.2
A Second in Command who fails during training to
become a Captain under section 21.3.5 accumulates no
equivalence in service time for his years of service as a
Second in Command prior to his failure. If he subsequently
qualifies for a Captain position, he receives equivalence
for completed years of service from the date of his last
failure to qualify as a Captain in accordance with section
17.1.2.1.
Example:
A Second in Command with 5 years of service fails to qualify
during training for a Captain position. Four years later, he
qualifies for and obtains a Captain position. His equivalence in
service time as a Captain is four (4) months.
Second in Command: Hourly rate based on years of service as a pilot
within the Company. If the Second in Command has held the position of
Flight Engineer within the Company, his years of service in that position
shall be included in his years as a pilot, as follows:
17.1.3
For payroll purposes, a new FCM’s years of service are based on the hiring date. In
the context of a promotion, a new Captain’s years of service are based on the starting
date of training. However, the first day of his new Captain’s salary is established as
the date on which he carries out his first revenue flight.
17.1.4
Any amounts received by FCMs over and above their regular salary (overtime, per
diem, expense account, various incentives, etc.) shall be included with the second pay
of the month.
17.1.5
Should the Company make an error and underpay the FCM an amount of up to one
hundred dollars ($ 100), the necessary correction shall be made to the pay or expense
account during the next pay period. If, however, the amount is over one hundred
dollars ($ 100), the amount shall be paid to the FCM within five (5) working days of
the day on which the error is found by the Company.
17.1.6
Should the company make an error and overpay the FCM, it shall advise the latter in
writing and make arrangements with him regarding reimbursement. The
reimbursement of the extra sum received by the FCM shall extend over a period equal
to that during which the error occurred. If the overpayment is an isolated instance, the
reimbursement period shall be six (6) months, unless an alternative agreement is
reached between the FCM and the Company.
17.1.7
The Company shall not withhold any amount from the FCM’s salary, unless required
to so by law, the provisions of this Collective Agreement, a court decision or written
authorization from the FCM in question. In such cases, the Company shall remit the
sums that have been withheld to the agency or person requiring them. Such
deductions shall include financial participation in the Social Club, as set out by the
Social Club Committee.
17.1.8
Subject to prior notice of at least two (2) weeks from the FCM, the Company shall
give him, on the day of his departure, a signed statement of amounts due in salary and
fringe benefits.
May 1st, 2011
Page 75 of 118
2010-2014 Collective Agreement
17.2
17.3
Date Salary Change Becomes Effective
17.2.1
Subject to section 17.2.3, when an FCM is promoted, the change in his salary shall
come into effect on the date of the first revenue flight on which he carries out his new
duties.
17.2.2
When an FCM is demoted due to a reduction of personnel, the change in his salary
shall come into effect on the date of the first revenue flight on which he carries out
his new duties. If the demotion is for disciplinary purposes or the downgrading from a
provisional or temporary position, the change in salary rate shall come into effect on
the date of the last revenue flight carried out in the pre-demotion classification,
subject to section 17.2.3.
17.2.3
An FCM who is demoted from Captain to Second in Command and who is called
upon to carry out a Captain’s duties during one segment or who holds a reserve block
as a Captain shall be paid at a Captain’s rate during the whole month. In addition, he
shall accumulate service time as a Captain for the month in question.
Overtime
An FCM who accumulates more than 85 FTCs during a month shall receive, in addition to his
regular salary, overtime pay where the hourly rate is increased by fifty percent (50%) – i.e. time
and a half.
17.4
New FCMs
Effective from his or her date of hiring, a new FCM shall receive the salary prescribed in section
17.5, that is, the “ENTRY 1” level.
Page 76 of 118
May 1st, 2011
2010-2014 Collective Agreement
17.5
Salary Scale
This salary scale shall apply for all aircraft types used by the Company in its operations.
CAPTAIN
May 1, 2010 to April 30, 2011
Years of
Hourly
Annual
service
rate
salary
0-1
$113.77
$116,044
Years of
service
0-1
May 1, 2011 to April 30 2012
Hourly
Annual
Lump
rate
salary
amount
$118.42
$113,684
$2,359
$116,044
Total
1-2
$120.80
$123,214
1-2
$125.74
$120,709
$2,505
$123,214
2-3
$127.83
$130,385
2-3
$133.06
$127,734
$2,651
$130,385
3-4
$134.86
$137,556
3-4
$140.37
$134,759
$2,796
$137,556
4-5
$141.89
$144,727
4-5
$147.69
$141,784
$2,942
$144,727
5-6
$148.92
$151,897
5-6
$155.01
$148,810
$3,088
$151,897
6-7
$155.95
$159,068
6-7
$162.33
$155,835
$3,234
$159,068
7-8
$162.97
$166,228
7-8
$169.63
$162,849
$3,379
$166,228
8-9
$170.00
$173,399
8-9
$176.95
$169,874
$3,525
$173,399
9+
$175.11
$178,608
9+
$182.27
$174,977
$3,631
$178,608
CAPTAIN
Years of
service
0-1
May 1, 2012 to April 30, 2013
Annual
Lump
Hourly rate
salary
amount
$123.05
$118,130
$1 320
Total
$119,449
May 1, 2013 to April 30, 2014
Years of
Hourly rate Annual salary
service
0-1
$127.97
$122,855
1-2
$130.66
$125,429
$1 401
$126,830
1-2
$135.88
$130,446
2-3
$138.26
$132,729
$1 483
$134,212
2-3
$143.79
$138,038
3-4
$145.86
$140,029
$1 564
$141,593
3-4
$151.70
$145,630
4-5
$153.47
$147,328
$1 646
$148,974
4-5
$159.61
$153,222
5-6
$161.07
$154,628
$1 727
$156,355
5-6
$167.51
$160,813
6-7
$168.67
$161,928
$1 809
$163,737
6-7
$175.42
$168,405
7-8
$176.27
$169,216
$1 890
$171,106
7-8
$183.32
$175,985
8-9
$183.87
$176,516
$1 972
$178,487
8-9
$191.23
$183,576
9+
$189.39
$181,819
$2 031
$183,850
9+
$196.97
$189,092
May 1st, 2011
Page 77 of 118
2010-2014 Collective Agreement
SECOND IN COMMAND
May 1, 2010 to April 30, 2011
Years of
Hourly rate Annual salary
service
Years of
service
May 1, 2011 to April 30 2012
Lump
Hourly rate Annual salary
amount
Entry 1
$49.02
$50,000
Entry 1
$52.08
$50,000
---
$50,000
Entry 2
0-1
1-2
2-3
3-4
4-5
$53.92
$68.27
$74.29
$79.89
$86.31
$90.81
$55,000
$69,633
$75,777
$81,489
$88,033
$92,627
Entry 2
0-1
1-2
2-3
3-4
4-5
$57.29
$71.06
$77.33
$83.16
$89.84
$94.53
$55,000
$68,218
$74,237
$79,833
$86,243
$90,744
--$1,416
$1,541
$1,657
$1,790
$1,883
$55,000
$69,633
$75,777
$81,489
$88,033
$92,627
5-6
$96.79
$98,726
5-6
$100.75
$96,719
$2,007
$98,726
6-7
$101.36
$103,389
6-7
$105.51
$101,287
$2,102
$103,389
7-8
$107.56
$109,716
7-8
$111.96
$107,486
$2,230
$109,716
8+
$112.20
$114,447
8+
$116.79
$112,121
$2,327
$114,447
Total
SECOND IN COMMAND
Years of
service
Entry 1
May 1, 2012 to April 30, 2013
Annual
Lump
Hourly rate
salary
amount
$52.08
$50,000
---
$50,000
May 1, 2013 to April 30, 2014
Annual
Years of
Hourly rate
salary
service
Entry 1
$52.08
$50,000
Total
Entry 2
$57.29
$55,000
---
$55,000
Entry 2
$57.29
$55,000
0-1
1-2
2-3
3-4
4-5
$73.84
$80.35
$86.41
$93.35
$98.22
$70,885
$77,140
$82,954
$89,616
$94,292
$792
$862
$927
$1 001
$1 053
$71,677
$78,001
$83,881
$90,617
$95,346
0-1
1-2
2-3
3-4
4-5
$76.79
$83.57
$89.87
$97.08
$102.15
$73,720
$80,225
$86,272
$93,200
$98,064
5-6
$104.69
$100,501
$1 123
$101,624
5-6
$108.88
$104,521
6-7
7-8
8+
$109.63
$116.34
$121.36
$105,248
$111,689
$116,505
$1 176
$1 248
$1 301
$106,423
$112,936
$117,806
6-7
7-8
8+
$114.02
$121.00
$126.21
$109,458
$116,156
$121,165
Note: The lump amount is paid at regular intervals, that is, 1/26th of the amount at every pay.
17.6
Night Premium
FCMs working a night duty period shall receive a premium of five dollars ($5.00) per hour for
flights carried out between 1800 and 0559 hours, departure point local time.
Page 78 of 118
May 1st, 2011
2010-2014 Collective Agreement
18.
COMPENSATORY SALARY
18.1
Following Posting of Notice
For purposes of this chapter, “transition period” shall mean the interval between the date on which
posting results are published whereby a Second in Command obtains a promotion to Captain and
the date of his first revenue flight in that position.
Example:
Posting results published
First revenue flight
Transition period
18.1.1
A Second in Command who has already held the position of Captain in the Company
and who has been demoted because of a reduction in personnel shall receive the
compensatory salary due to a Captain for the full length of the transition period where
an FCM with lower seniority is paid at the rate of a permanent, provisional or
temporary Captain, on a 1:1 ratio. However, only the following FCMs may generate
compensatory salary:
18.1.2
18.2
October 15
December 1
October 15 to December 1
18.1.1.1
FCMs who have been promoted to Captain as a result of a posting, or
18.1.1.2
FCMs who hold the position of provisional or temporary Captain,
excluding contractual Captains mentioned in section 20.2.1.
If a first promotion to the position of Captain is involved, the compensatory salary
shall be paid to the Second in Command retroactively. To do this, the Company shall
record the days on which the compensatory salary applies. An overall amount for this
period shall be paid to the Second in Command in the thirty (30) days following his
first revenue flight for the Company as a Captain. If the FCM does not qualify in his
new classification, he shall not be entitled to compensatory salary.
Following Assignment of an FCM as Provisional or Temporary Captain
18.2.1
The assignment of an FCM to the position of provisional or temporary Captain shall
cause compensatory salary to be paid to the Second in Command with the highest
seniority provided he has the minimum qualifications required (Appendix “C”) and
has obtained a positive evaluation for the position of Captain. The evaluation
application must have been presented before the FCM with lower seniority starts his
training.
18.2.2
The Second in Command eligible for compensatory salary under section 18.2.1 shall
be entitled to it for the period during which he has been bypassed – i.e. effective the
date of the first revenue flight of the Captain bypassing him.
May 1st, 2011
18.2.2.1
If he has already held the position of Captain in the Company and has
been demoted because of a reduction in manpower, he shall receive a
Captain’s compensatory salary for the said period.
18.2.2.2
Otherwise, the Company shall record the days on which the
compensatory salary shall apply. An overall sum for this period shall be
paid to the Second in Command within thirty (30) days of his first
revenue flight as a Captain for the Company.
Page 79 of 118
2010-2014 Collective Agreement
18.3
Salary Scale
The period during which an FCM shall receive or accumulate compensatory salary shall be
considered as service time with the rank of Captain. This period shall therefore be taken into
account when determining the date on which the FCM’s salary scale is to be changed.
Page 80 of 118
May 1st, 2011
2010-2014 Collective Agreement
19.
FCM MANAGERS, CHECK FCMs AND FCM INSTRUCTORS
19.1
Appointment of an FCM Manager
19.1.1
Subject to section 19.1.4, FCM managers are selected from members whose names
appear on the seniority list. They must have more than twelve (12) months of service.
19.1.2
A notice containing the following information shall be posted for a minimum of
seven (7) days:
-
Number of positions to be filled
Dates on which positions come into effect
Closing date of notice
Minimum qualifications required
A copy of the notice shall be forwarded to the Association.
19.1.3
After the closing date of the notice, all FCM candidates possessing the minimum
requirements shall be called for interview.
19.1.4
The selection of an FCM manager by the Company’s management shall be approved
by two-thirds (2/3) of the founding members. However, if none of the members
whose names appear on the seniority list apply for the position, the Company reserves
the right to fill the vacancy through outside recruitment, with the agreement of twothirds (2/3) of the founding members.
In the event that there are less than three (3) founding members, the Comapny shall
consult the Association. The chosen candidate is required to have been on the FCM
seniority list for at least five (5) years.
19.1.5
19.2
The name of the selected candidate shall be posted and a copy of the appointment
notice forwarded to the Association.
Appointment of a Check FCM and the FCM Ground Training Manager
19.2.1
Check FCMs and the FCM Ground Training Manager shall be selected from
members whose names appear on the seniority list. They must have at least twelve
(12) months of service.
19.2.2
A notice containing the following information shall be posted for a minimum of
seven (7) days):
-
Number of positions to be filled
Dates on which positions come into effect
Closing date of notice
Minimum qualifications required
A copy of the notice shall be forwarded to the Association.
19.2.3
After the closing date of the notice, all FCM candidates possessing the minimum
requirements shall be called for interview.
19.2.4
The name of the selected candidate shall be posted and a copy of the appointment
notice forwarded to the Association.
May 1st, 2011
Page 81 of 118
2010-2014 Collective Agreement
19.3
Transfer
19.3.1
19.4
19.5
Return On-Line
19.4.1
When vacancies are posted, an FCM who is carrying out administrative functions
full-time may obtain a change in permanent position. In such case, he shall be advised
in writing and a copy of the letter shall be forwarded to the Association. If he
continues to carry out those administrative functions, the permanent position shall
also be assigned to the next eligible FCM.
19.4.2
Unless there is a reduction in personnel, the eventual return on-line of an FCM who is
carrying out administrative functions cannot result in bumping an FCM who holds a
permanent position.
Planning
19.5.1
19.5.2
19.6
To maintain his seniority, an FCM transferred to the position of manager, check FCM
or non-flight crew shall keep all licences and qualifications required to operate the
aircraft to which he is assigned up to date, unless medical reasons prevent this.
In order to determine the personnel required, the Company cannot plan more than
19.5.1.1
Three hundred and sixty (360) hours’ flying time per year per FCM
manager
19.5.1.2
Five hundred (500) hours’ flying time per year per check FCM.
The maximum number of hours stipulated in sections 19.5.1.1 and 19.5.1.2 exclude
flying hours during which the FCM manager or check FCM are providing training or
replacing an absent FCM.
Compensation
19.6.1
Check FCMs receive an incentive of fifteen percent (15%) in addition to their regular
salary, whereas the FCM Ground Training Manager receives a ten percent (10%)
premium in addition to his FCM regular salary.
19.6.2.
Instructor FCMs receive an incentive of two hundred and seventy-five dollars
($275.00) per period on duty, ground training days or simulator sessions during
which they act as instructors.
19.6.3
Instructor FCMs holding a valid type “A” or “B” DFTE (designated flight test
examiner) licence shall receive, in addition to the incentive stated in section 19.6.2, a
further amount for each period on duty or each simulator session during which he
uses the authority granted by his licence. This incentive shall be one hundred dollars
($100.00) for type “A” DFTE authority and fifty dollars ($50.00) for type “B” DFTE
authority. When the Instructor FCM carries out a check flight in the jumpseat for two
FCMs simultaneously, the total premium is raised to six hundred dollars ($600.00).
Page 82 of 118
May 1st, 2011
2010-2014 Collective Agreement
19.7
Working Conditions
With respect to current practice, it is understood that the working conditions of check FCMs are
governed by the provisions of this Collective Agreement with the exception of premiums for
simulator and line training such as stipulated in section 19.6.2. However, when they carry out
check flights on the line or a pilot proficiency check (PPC), they obtain a one hundred dollar
($100) premium. Furthermore, any weekend on duty shall be compensated through the allocation
of an additional monthly leave day.
19.7.1
19.8
In the context of their respective functions, the working conditions of FCM
instructors and of the FCM Ground Training Manager are regulated by the articles of
this collective agreement.
FCM Ground Training Manager
19.8.1
Roll
The FCM Ground Training Manager is responsible for all the ground training
operations in accordance with the applicable regulations.
19.8.2
Responsibilities
The responsibilities of the FCM Ground Training Manager are the following:
•
•
•
•
•
•
•
•
May 1st, 2011
To ensure that the various training programs destined to FCMs are up to date and
approved.
To ensure that the FCM’s ground training is carried out in compliance with
approved training programs.
To ensure that the FCM’s training files are kept up to date.
To supervise FCM instructors.
To ensure that the FCM’s entire training is carried out in compliance with the
quality assurance program.
To ensure coordination between the aircraft operations department and the other
departments for all of the FCM’s training needs.
To ensure that operational requirements for hazardous material training are met
for all departments.
To ensure that all instructor qualifications are obtained and to provide all the
required training.
Page 83 of 118
2010-2014 Collective Agreement
20.
NEW AIRCRAFT TYPE
20.1
General
20.2
20.1.1
When the Company intends to operate a new aircraft type, it shall advise the
Association in writing no later than sixty (60) days before such aircraft comes into
service.
20.1.2
The Company and the Association shall commence discussions to establish the
working conditions related to the operation of the new aircraft. Such discussions shall
begin within the fourteen (14) days following a request to this effect by either party,
unless agreed otherwise with the Company.
20.1.3
Should no agreement be reached within the thirty (30) days following the start of
discussions, the matter shall be referred to arbitration. The Company may
nevertheless place the new aircraft in service, based on working conditions included
in the Collective Agreement. The working conditions shall be set by the arbitrator at
the end of the arbitration process. From that point on, they shall become an integral
part of the Collective Agreement.
20.1.4
If the parties cannot agree on the choice of an arbitrator within seven (7) days, one or
other may apply to the Minister of Labour to name an arbitrator.
Contractual FCMs
20.2.1
When a new aircraft type is introduced or flight operations require specially qualified
personnel, the Company may hire contractual FCMs for the sole purpose of allowing
permanent FCMs to obtain the qualifications required for the new positions.
20.2.2
Contractual FCMs are not governed by this Collective Agreement. The length of their
contract shall not exceed six (6) months, unless agreed otherwise with the
Association.
Page 84 of 118
May 1st, 2011
2010-2014 Collective Agreement
21.
TRAINING
21.1
General
21.1.1
This chapter sets out the rules for all technical training given to FCMs, including but
not limited to qualification on a given aircraft type, renewal of instrument flight
qualifications, pilot proficiency check (PPC), check flight on the line, change in
classification or annual requalification.
21.1.2
Theory training sessions in class shall last a maximum of eight (8) hours per day.
Theory training sessions on the Internet shall last a maximum of eight (8) hours per
day.
Any theory training on the Internet is to be previously approved and its duration
validated by the training committee.
The FCM who wishes to do so can print or download theoretical examinations.
However, the FCM is required to complete examinations online.
21.2
21.1.3
The Company shall provide FCMs with a copy of any training-related report
immediately after training or evaluation. The online evaluation forms shall be read
and countersigned by the candidate.
21.1.4
No FCM shall be required to spend any money to cover the cost of training or the use
of equipment during training.
Failure
For the purposes of this Collective Agreement, an FCM is considered to have failed in the event
of one of the following:
21.3
21.2.1
The candidate does not obtain a recommendation for his pilot or flight engineer
proficiency check (PPC), or for a line check flight. However, lack of a
recommendation following the first regular training session preceding the PPC during
a 6-month requalification shall not be considered a failure.
21.2.2
The candidate does not qualify during a pilot proficiency check (PPC).
21.2.3
The candidate does not qualify during renewal of instrument flying qualifications.
21.2.4
The candidate does not qualify during a check flight following training on a
simulator.
21.2.5
The candidate does not qualify during a line check flight.
21.2.6
The Company ends the line training of a candidate who has been promoted to
Captain. Stopping such training shall be recommended in writing and be signed by
the DFTE type “A or B” instructor pilot who was the last to fly with the candidate
during line endoc. Signed copies of the line training stoppage recommendations are
given to the candidate and training committee.
Protocol in case of Non-Recommendation or Failure
A diagram showing the various ways in which qualifications can be maintained or new ones
obtained and the protocols applicable in cases of failure can be found at the end of this chapter.
21.3.1
May 1st, 2011
During requalification as a Second in Command (same aircraft type)
Page 85 of 118
2010-2014 Collective Agreement
21.3.1.1
The Second in Command who does not receive a recommendation for his
PPC following the regular training session that precedes this check shall
receive additional training in the area where he has failed to show the
level of proficiency required. If the additional training requires the use of
a flight simulator, the Company is not required to give him more than
four (4) hours. If the candidate then fails under sections 21.2.1, 21.2.2,
21.2.3, 21.2.4 or 21.2.5, he shall receive additional training in the area
where he has failed to show the level of proficiency required. If the
additional training requires the use of a flight simulator, the Company is
not required to give him more than four (4) hours. If, at the end of the
additional training, the candidate again fails under sections 21.2.1,
21.2.2, 21.2.3, 21.2.4 or 21.2.5, he shall be deemed to have had two
consecutive failures and can avail himself of the provisions of section
21.4. If the candidate does not request a medical examination, or if the
examination reveals no medical condition that may have contributed to
the failures, the Company shall inform the candidate of its intentions, as
set out in section 21.6.
Note: The provisions of this section also apply to the requalification of flight
engineers.
21.3.2
Requalification of a Captain (same aircraft type)
21.3.2.1
21.3.3
Second in Command Qualification on a Given Aircraft Type
21.3.3.1
Page 86 of 118
A Captain who does not receive a recommendation for his PPC after the
regular training session that precedes this check shall receive additional
training in the area for which he has not shown the required proficiency.
If the additional training requires the use of a flight simulator, the
Company is not required to give more than four (4) hours. If, thereafter,
the candidate fails under sections 21.2.1, 21.2.2, 21.2.3, 21.2.4 or 21.2.5,
he shall receive additional training in the area in which he lacks the
required proficiency. If the additional training requires the use of a flight
simulator, the Company is not required to give more than four (4) hours.
If, at the end of the additional training, the candidate fails once again as
set out in sections 21.2.1, 21.2.2, 21.2.3, 21.2.4 or 21.2.5, he shall be
deemed to have two consecutive failures and can avail himself of the
provisions set out in section 21.4. If the candidate does not request a
medical examination or if the examination reveals no medical condition
that might have contributed to the failures, the candidate shall lose his
position as Captain and shall be required to qualify as a Second in
Command on an aircraft type determined by the Company. If he remains
on the same aircraft type, he shall receive the regular training required to
requalify as a Second in Command. If, during his training as a Second in
Command, the candidate fails under section 21.2, the Company shall
inform him of its intentions as set out in section 21.6.
A Second in Command who fails under the provisions set out in sections
21.2.1, 21.2.2, 21.2.3, 21.2.4 or 21.2.5 when qualifying for a given
aircraft type shall receive additional training in the area in which he lacks
the required proficiency. If such training requires the use of a flight
simulator, the Company is not required to give more than four (4) hours.
If, at the end of the additional training, the candidate again fails under
sections 21.2.1, 21.2.2, 21.2.3, 21.2.4 or 21.2.5, he shall be deemed to
May 1st, 2011
2010-2014 Collective Agreement
have had two consecutive failures and can avail himself of the provisions
set out in section 21.4. If the candidate does not request a medical
examination or if the examination reveals no medical condition that
might have contributed to the failures, the Company shall inform the
candidate of its intentions as set out in section 21.6 (refer to graphic on
page 88).
21.3.4
Captain Qualification on a Given Aircraft Type
21.3.4.1
21.3.5
May 1st, 2011
A Captain who fails under the provisions set out in sections 21.2.1,
21.2.2, 21.2.3, 21.2.4 or 21.2.5 when qualifying for a given aircraft type
shall receive additional training in the area in which he lacks the required
proficiency. If such training requires the use of a flight simulator, the
Company is not required to give more than four (4) hours. If, at the end
of the additional training, the candidate again fails under sections 21.2.1,
21.2.2, 21.2.3, 21.2.4 or 21.2.5, he shall be deemed to have had two
consecutive failures and can avail himself of the provisions set out in
section 21.4. If the candidate does not request a medical examination or
if the examination reveals no medical condition that might have
contributed to the failures, the candidate shall lose his position as Captain
and shall be required to qualify as Second in Command on an aircraft
type to be determined by the Company. If he remains on the same type,
he shall receive the regular requalification training given Second in
Commands. If, during his training as a Second in Command, the
candidate fails under section 21.2, the Company shall inform the
candidate of its intentions as set out in section 21.6 (refer to graphic on
page 88).
Second in Command Promotion to Captain
21.3.5.1
A Second in Command who fails under the provisions set out in sections
21.2.1, 21.2.2, 21.2.3, 21.2.4 or 21.2.5 during training to become a
Captain shall receive additional training in the area in which he lacks the
required proficiency. If such training requires the use of a flight
simulator, the Company is not required to give more than four (4) hours.
If, at the end of the additional training, the candidate again fails under
sections 21.2.1, 21.2.2, 21.2.3, 21.2.4 or 21.2.5, he shall be deemed to
have had two consecutive failures. He shall then lose his position as
Captain and shall be required to qualify as First Office on an aircraft type
to be determined by the Company. If he remains on the same type, he
shall receive the regular requalification training provided for Second in
Commands. If, during his training as a Second in Command, the
candidate fails under section 21.2, he may avail himself of the provisions
set out in section 21.4. If the candidate does not request a medical
examination or if the examination reveals no medical condition that
might have contributed to the failures, the Company shall inform him of
its intentions as set out in section 21.6 (refer to graphic on page 89).
21.3.5.2
When the Company terminates a Second in Command’s training as a line
Captain under section 21.2.6, the candidate shall lose his position as
Captain and shall be required to qualify as a Second in Command on an
aircraft type to be determined by the Company. If he remains on the
same type, he shall receive the requalification training required for
Page 87 of 118
2010-2014 Collective Agreement
Second in Commands. If, during his training as a Second in Command,
the candidate fails under section 21.2, he may avail himself of the
provisions set out in section 21.4. If the candidate does not request a
medical examination or if the examination reveals no medical condition
that might have contributed to the failures, the Company shall inform
him of its intentions as set out in section 21.6.
21.3.6
Promotion of Flight Engineer to Second in Command, except for Program 650
21.3.6.1
21.3.7
21.4
A Flight Engineer who fails under the provisions set out in sections
21.2.1, 21.2.2, 21.2.3, 21.2.4 or 21.2.5 during training as a Second in
Command shall receive additional training in the area in which he lacks
the required proficiency. If such training requires the use of a flight
simulator, the Company is not required to give more than four (4) hours.
If, at the end of the additional training, the candidate again fails under
sections 21.2.1, 21.2.2, 21.2.3, 21.2.4 or 21.2.5, he shall be deemed to
have had two consecutive failures. The candidate shall then lose his
position as Second in Command and return to his position as Flight
Engineer. He may not apply to be re-evaluated for the position of Second
in Command until twenty-four (24) months have elapsed.
Sections 13.6.4 and 14.12.1 notwithstanding, the Company may defer the GDOs of an
FCM who failed under section 21.2 in order for him to qualify. In such case, the
GDOs shall be postponed in accordance with section 14.12.2. However, the FCM is
not obliged to defer GDOs attached to an annual leave period under section 8.11.
Medical Examination
An FCM who has two consecutive failures may request a medical examination in order to
determine his physical and/or mental ability to undertake the training that he failed. If it is found
that he is unfit to undertake the training, the candidate shall receive the appropriate care for the
diagnosis reached by the medical specialist, and the provisions of chapter 25 shall apply. The
medical examination shall be carried out by a physician selected from the list of medical
specialists drawn up by the Company and Association, and costs shall be shared equally.
21.5
Non-qualification for the Position of Captain
21.5.1
A Captain who loses his position because of failure to qualify cannot obtain the
position of Captain again before completing a minimum of twenty-one (21) months
as a Second in Command. The Company may, at its discretion, reduce this period
based on the candidate’s performance.
21.5.2
A Second in Command who fails to qualify as a Captain cannot obtain a position as
Captain until he has completed a minimum of twenty-one (21) months as a Second in
Command. If, at the end of that period, he is again unable to qualify, the waiting
period shall be increased to thirty-three (33) months and, thereafter, to forty-five (45)
months. The Company may, at its discretion, reduce these periods based on the
candidate’s performance.
Page 88 of 118
May 1st, 2011
2010-2014 Collective Agreement
21.6
Discretionary Decision by the Company
When an FCM is unable to qualify as a Second in Command or Flight Engineer because of
consecutive failures, the Company, after consulting with the FCM and the Association, shall
advise the candidate of its intentions within the thirty (30) days following the most recent failure.
The candidate may then avail himself of the provisions of Chapter 31, Grievances and Arbitration.
21.7
Change of FCM Instructor or Check FCM
An FCM who fails his training shall be entitled to a change in instructor or check FCM.
21.8
Compensation
An FCM who fails his training shall receive full compensation for the period during which he is
receiving additional training.
21.9
Training Committee
21.9.1
The Company recognizes the establishment of a training committee composed of a
chairman and a representative for each aircraft type operated by the company.
Committee members shall sign a confidentiality agreement concerning the LOFT and
CCP training scenarios.
21.9.2
All simulator-training scenarios shall be submitted to the training committee prior to
implementation. After consultation, the training committee may submit
recommendations.
21.9.3
The parties commit to pool their respective resources in order for FCMs to benefit
from optimal training quality.
21.9.4
The training committee is notified without delay by the Chief Pilot, or his
representative, of all training failures, such as defined at Section 21.2, and
participates with the company in the concerned FCM’s technical and personal
support. Upon simple request of a training committee member and with the FCM’s
consent, the Company permits access to the FCM’s training file.
21.9.5
The training committee is notified without delay by the Chief Pilot, or his
representative, when a candidate experiences particular difficulties during line
training and participates with the company in the concerned FCM’s technical and
personal support. Upon simple request by a training committee member and with the
FCM’s consent, the Company permits access to the FCM’s training file.
21.9.6
It is agreed that any decision or recommendation made by any member of the training
committee does not constitute a renunciation of any right of the Association to take a
different position in order to represent the FCM.
21.10 Collective Agreement Presentation to New FCMs
The Company shall offer new FCMs a two-hour information session on the collective agreement
in order to ensure that they have sufficient knowledge of their rights and obligations. The
instructor who shall provide this training is required to be an FCM recognized by the Association
and shall accordingly receive the applicable FTCs.
21.11 Test Flight
No FCM, excluding ACPs, shall be required to perform a Test Flight.
May 1st, 2011
Page 89 of 118
2010-2014 Collective Agreement
21.3.1
21.3.3
Requalification of a Second in Command or Flight Engineer (same aircraft type)
Qualification as Second in Command on a given aircraft type
Failure
under
Sections
21.2.1
21.2.2
21.2.3
21 2 4
Additional
Training
Failure
under
Sections
21.2.1
21.2.2
21.2.3
21 2 4
Double failure
Medical
Examination
(Section 21.4)
Unfit
Treatment
21.3.2
21.3.4
Fit
Company decision
(Section 21.6)
Requalification as Captain (same aircraft type)
Qualification as Captain on a given aircraft type
Failure
under
Sections
21.2.1
21.2.2
21.2.3
21.2.4
Additional
Training
Failure
under
Sections
21.2.1
21.2.2
21.2.3
21.2.4
Double failure
Medical
Examination
(Section 21.4)
Unfit
Treatment
Fit
FO training
Failure (section
Company decision
(Section 21.6)
Page 90 of 118
May 1st, 2011
2010-2014 Collective Agreement
21.3.5
Promotion from Second in Command to Captain
Failure under
Sections
21.2.1
21.2.2
21.2.3
21.2.4
21.2.5
Additional
Training
On-line training stopped
(section 21.2.6)
Failure under
Sections
21.2.1
21.2.2
21.2.3
21.2.4
21.2.5
Double failure
FO training
Failure (section 21.2)
Medical
Examination
(Section 21.4)
Unfit
Fit
Treatment
May 1st, 2011
Company decision
(Section 21.6)
Page 91 of 118
2010-2014 Collective Agreement
22.
ACCIDENT/INCIDENT
22.1
Statement
An FCM is required to make a verbal or written statement to the Company within the twenty-four
(24) hours following an accident or incident if the conditions hereunder have been complied with:
22.2
22.1.1
He has had the opportunity to consult the Association or IFALPA if outside Canada.
22.1.2
In the case of an accident, he has been examined by a physician approved by the
Association (or IFALPA if outside Canada) and the Company.
Investigation
22.2.1
In the event of an accident or incident, the Company shall notify the CASC. The
Association shall also be notified as soon as an accident or incident requires the
opening of an investigation and the administrative suspension of the involved FCM.
22.2.2
An FCM involved in an accident or incident relating to the operation of an aircraft in
the course of his duties and which requires an investigation, will be removed from his
duties immediately following the event or upon returning to his assigned base if away
from the latter. The date for the FCM’s return to work shall be determined by the
Company and the Association. In such a case, FCMs will be notified by the VicePresident of Flight Operations or his representative. Furthermore, within seven (7)
days following the date of this notification, a written notice stating the reasons for the
Company’s decision will be sent to the FCM involved as well as a copy to the
Association.
22.2.3
When an FCM is subject to an administrative suspension under Section 22.2.2, he
continues to receive his full remuneration and to benefit from all his fringe benefits
until the Company renders a decision on his case.
22.2.4
When an investigation is carried out by the Company, the executive employees who
are in charge of it shall endeavour to present a final report within a deadline of three
(3) months. An Association representative is part of the team in charge of the internal
investigation. The concerned FCM and the Association have full latitude to
collaborate with the investigation. They are informed of the proceedings and receive a
copy of any preliminary or final report.
22.2.5
Throughout the investigation process, the concerned FCM or his representative may,
upon request, receive and revise any information contained in the FCM’s file, that is,
in the presence of a Company representative. During any investigation or hearing, the
FCM at issue may be represented by a member of the Association or any other
representative that he authorizes.
22.2.6
The Company may require that a crew member undergo a medical evaluation under
Section 24.1.6 of the collective agreement. The Association may also require a
medical evaluation. The costs associated with the medical evaluation are, in both
cases, paid by the Company. If applicable, such an examination must be carried out
by a physician approved by both parties. If an examination is required, the Company
shall notify the FCM and the latter shall comply with the notification within 48 hours.
22.2.7
If, during this process, a disciplinary measure or dismissal is considered, the
provisions of Chapter 30, Disciplinary Measures and Dismissal, apply.
Page 92 of 118
May 1st, 2011
2010-2014 Collective Agreement
22.2.8
For the implementation purposes of Section 22.2, the term “investigation” means a
more comprehensive investigation and collection process of facts than the simple
event analysis and which requires a meeting between the FCMs involved and the
representatives of the Flight Safety Department (FSD).
22.3.1
FCMs returning to work following an administrative suspension under Section
22.2.2, shall receive any required training in order to maintain their status and meet
the standard specific to Air Transat.
22.3.2
The Company and the Association shall jointly establish the required basic training.
The Association shall be represented by its training committee. The involvement of
the Association in the establishment of minimum training parameters in no way
constitutes a renunciation of its representation right.
May 1st, 2011
Page 93 of 118
2010-2014 Collective Agreement
23.
DATA RECORDER
23.1
For purposes of this chapter, the term “Data Recorder” shall mean: Any device which, under any
form, is used for the recording and/or retransmission of data issued from the aircraft. These may
be described as, but are not limited to: CVR, FDR, ACARS, S-mode transponder, etc.
23.2
Subject to Section 23.3, all data or information obtained from any type of data recorder pursuant
to the Company’s and the Association’s obligations to comply with relevant government
regulations can only be used in the case of an investigation into the cause of an accident or
incident.
23.3
Section 23.2 notwithstanding, the parties acknowledge that information from data recorders can
be used for the purpose of enhancing flight safety and generating savings through a preventive
maintenance program or an aircraft operation cost reduction program. However, it is understood
that the Company may not use any information from a flight data recorder:
23.3.1
To evaluate the FCM’s judgment, skill, performance or techniques while carrying out
his duties. However, if so agreed between the Company and the Association,
anonymous information (no particular identity) may be used in the interest of flight
safety.
23.3.2
During any civil, administrative, penal, criminal or disciplinary action taken or
leading to action being taken against any FCM.
23.3.3
To obtain information to justify instituting disciplinary measures, suspension or
dismissal. Such information may, however, be used to corroborate that originating
from other sources in the context of an investigation conducted by the Flight Safety
Department (FSD).
23.4
During the investigation of an accident or incident, the Company may not disclose information
from the flight data recorder to the general public or information media without prior
authorization from the Association, the FCM(s) or estate(s) involved.
23.5
Unless agreed upon by the parties, no program to routinely read information from the flight data
recorder may be set up other than for the purpose of aircraft maintenance.
23.6
The Company shall be responsible for protecting information obtained from the flight data
recorder against any unauthorized collection or reading.
23.7
The identity of the FCM(s) shall not be recorded by any flight recorder data.
23.8
Unless its contents are completely erased, when a flight data recorder is removed from an aircraft
for purposes of the investigation of an accident or incident, the Association, all FCMs and crew
members involved in the said accident or incident shall be advised accordingly within a period of
twelve (12) hours of its removal.
23.9
The cockpit voice recorder shall be fitted with a device for erasing its contents at the end of each
flight, and must be fully erased before removal from the aircraft for maintenance purposes. The
Captain shall have the right to erase the contents of the cockpit voice recorder at the end of each
accident-free and incident-free flight, except where prohibited by law.
Page 94 of 118
May 1st, 2011
2010-2014 Collective Agreement
24.
MEDICAL EXAMINATION AND ASSESSMENT REVIEW PROCEDURES
24.1
General
24.2
24.1.1
To maintain their licences, the medical requirements to be met by FCMs during their
employment with the Company may not be more severe than those required by
Transport Canada and shall take into account the same flexibility accorded by
Transport Canada.
24.1.2
FCMs shall be responsible for ensuring the renewal of their licences by undergoing
any periodic medical examinations required for that purpose by Transport Canada.
24.1.3
The cost of the examinations stipulated in section 24.1.2 shall be paid by the
Company.
24.1.4
Only medical examiners appointed by Transport Canada may carry out the
examinations stipulated in section 24.1.2. The choice of physician is left to the
discretion of the FCM. The physician’s fees shall be paid as follows:
24.1.4.1
If the physician appears on the list of physicians published by the
Company, the cost of examinations is billed directly to Air Transat.
24.1.4.2
Otherwise, the FCM shall pay the examination fees and apply to the
Company for reimbursement.
24.1.5
The Company may not request or have access to the results of the examinations
stipulated in section 24.1.2, without the written consent of the FCM.
24.1.6
Should the Company have reason to believe that an FCM is unfit to carry out his
duties for health reasons, it may ask him to undergo a medical examination. The
Company shall designate the medical examiner and assume the costs associated. The
FCM shall receive a copy of the medical report.
Assessment Review Procedures
24.2.1
May 1st, 2011
When a medical assessment results in a loss of licence, the FCM or the Company
may, in the five (5) days following receipt of the medical report, request a review, as
follows:
24.2.1.1
Within the seven (7) days following the request for review, the applicant
shall select another physician authorized by Transport Canada to
examine the FCM. Fees shall be assumed by the applicant. Both parties
shall receive a copy of the examination results. If the two reports agree
with one another, the decision is binding.
24.2.1.2
Should the reports differ, within the next seven (7) days the FCM or the
Company may ask the two (2) physicians to agree upon and designate
within a period of fifteen (15) days a third impartial physician, preferably
a medical specialist, to carry out a third examination. The latter’s fees
shall be paid equally by the Company and the FCM. Following the
examination, the specialist shall give his opinion and his decision shall
be binding. The Company and the FCM shall receive a copy of his
report.
Page 95 of 118
2010-2014 Collective Agreement
24.2.1.3
Page 96 of 118
If, at the end of the review process, the decision that the FCM is unfit for
work is rejected, the FCM shall immediately take up his duties once
again; otherwise, he shall be considered to have resigned. The FCM shall
resume his position and shall receive retroactive compensation based on
the amounts which he would have received had he continued to carry out
his duties from the time of the first unfit notice, minus remuneration
received from any other sources.
May 1st, 2011
2010-2014 Collective Agreement
25.
INSURANCE
25.1
General
25.2
25.1.1
The Company shall undertake to partially finance and to maintain a group insurance
plan for all FCMs employed by the Company, from the time of their hiring. However,
FCMs who are employed on a temporary basis shall not benefit from salary
insurance. The coverage provided by the said plan shall apply in all circumstances in
which FCMs carry out their duties on behalf of the Company (e.g. test flight, “Wet
lease”, “Damp lease” or ACMI to the armed forces, operations near war zones, etc.).
25.1.2
The insurance contract governs with respect to the interpretation and validation of
insurance coverage and benefits. The document may be consulted by all FCMs. The
Company guarantees that the rights, benefits and coverage provided in the insurance
contract are not less than those specified in this Collective Agreement. In addition,
the Company recognizes that this minimum guarantee may be submitted to
arbitration.
25.1.3
No change to any provision of the insurance contract in effect at the time this
Collective Agreement is ratified may be changed, without the consent of the
Association.
25.1.4
FCMs shall pay the cost of long-term disability insurance and, if applicable, part of
the cost of the following – compulsory life insurance, dependent life insurance,
compulsory accidental death and dismemberment (ADD) insurance, health insurance,
eye insurance, dental insurance – so that their contribution represents fifty percent
(50%) of the total cost of the overall plan.
Summary of Benefits
25.2.1
FCM’s life insurance: Three (3) times the yearly salary rounded up to the next
$1,000, up to a maximum of six hundred thousand dollars ($600,000) without proof
and one million dollars ($1,000,000) with medical proof in case of accidental death or
dismemberment.
25.2.2
Dependent life insurance: Spouse: Ten thousand dollars ($10,000); children: Five
thousand dollars ($5,000) each.
25.2.3
Short-term salary insurance: In the event of disability lasting a maximum of fifteen
(15) weeks (a waiting period of seven (7) working days is applicable to each
disability period except in case of an accident), sixty-six and two-thirds (66 2/3%)
percent of the weekly salary, up to a maximum of $2,500.00
For purposes of this section, the term “salary” means the basic salary for an FCM
under this Collective Agreement, excluding any other source of income (e.g. business
income, pension, etc.).
25.2.4
Long-term salary insurance: Sixty-six and two-thirds (66 2/3%) percent of the
monthly salary portion below two thousand and eighty-three dollars ($2,083) and
forty-five (45%) percent of the remaining portion up to a maximum of $15,000.00
until age 65 or for a period of ten (10) years, depending on the type of disability
For the purposes of this section, the term “salary” means the basic salary for an FCM
under this Collective Agreement, excluding any other source of income (e.g. business
income, pension, etc.).
May 1st, 2011
Page 97 of 118
2010-2014 Collective Agreement
25.3
25.2.5
Total or partial reimbursement of various hospitalizations, medical or paramedical
costs.
25.2.6
Total or partial reimbursement of eye care and dental care costs.
Insurance Coverage while on Unpaid Leave
25.3.1
An FCM on unpaid leave shall continue to be covered, at his own cost, by the group
insurance plan. Premiums must be paid in full by postdated cheques before the leave
begins. If the FCM falls ill during such leave, the waiting period shall apply effective
the date scheduled for his return to work.
25.3.2
Section 25.3.1 notwithstanding, should the FCM be recalled under section 12.3.2, the
FCM shall pay only fifty (50) percent of the insurance premiums, in accordance with
section 25.1.4, effective the date on which the unpaid leave started.
Page 98 of 118
May 1st, 2011
2010-2014 Collective Agreement
26.
RETIREMENT AGE
Retirement is compulsory at age sixty-five (65). However, since aviation regulations in certain
countries prohibit pilots who have reached age sixty (60) from acting as Captains, the parties
agree as follows:
26.1
Pairing Assignments
To the greatest degree possible, the list of pairings available to Captains as a whole shall include a
sufficient number that can be carried out by Captains aged sixty (60) or more. During monthly
bidding via the PBS system, these Captains shall restrict themselves to such pairings.
26.2
Position Assignments
26.2.1
The Company is not required to comply with a request for a change in aircraft type
received from a Captain who will reach age sixty (60) within three years of his
obtaining the position. The date the position is obtained is deemed to be the date it is
effective when positions to be filled are posted.
26.2.2
The parties agree that they shall renegotiate the provisions of this chapter, including
the salary guarantee, should it be impossible to meet the number of hours required
under section 13.3.1.
May 1st, 2011
26.2.2.1
If the regulations in effect at the time of signing this Collective
Agreement should change to extend to other countries served by the
Company, or
26.2.2.2
Because of operational constraints, a sufficient number of pairings is not
available for Captains aged sixty (60) or over.
Page 99 of 118
2010-2014 Collective Agreement
27.
RETIREMENT PLAN
27.1
General
27.2
27.1.1
Membership in the Company’s retirement plan is optional. AN FCM can contribute
as soon as he is hired; the Company’s contribution shall begin after six (6) months’
service.
27.1.2
There are two (2) separate parts to the retirement plan: a registered retirement savings
plan (RRSP) and a deferred profit-sharing plan (DPSP).
27.1.3
The FCM shall contribute to his account in the group RRSP through salary
deductions. The minimum contribution is two (2) percent of his basic salary. The
maximum contribution varies based on limits provided for in the Income Tax Act.
27.1.4
The Company shall contribute to an FCM’s DPSP account at each pay. Its
contribution shall be equal to that of the FCM’s, up to a maximum of five percent
(5%).
27.1.5
The retirement plan is complementary to the Profit Sharing Plan set out in Chapter
28. The profit sharing for FCMs who are members of the retirement plan is therefore
reduced in accordance with section 28.4.
27.1.6
The Company shall provide FCMs with an explanatory brochure on the retirement
plan and shall provide the Association with a copy of the plans and the rules
governing them (RRSP and DPSP).
Retirement Committee
The Company recognizes the formation of a Retirement Committee responsible for supervising
the performance of the plans and informing FCMs accordingly. The Committee is composed of
two (2) FCMs. One of the members shall be assigned to sit on the employer/union committee
supervising program investments. The Company undertakes to grant Retirement Committee
members the union activity credits provided for in section 14.14.1 when meetings with the
Company are required.
Page 100 of 118
May 1st, 2011
2010-2014 Collective Agreement
28.
PROFIT SHARING PLAN
FCMs shall benefit from the profit sharing plan set up by the Company, as follows:
28.1
Every year, an employee bonus is based on five (5) percent of profits before dividends,
extraordinary items, senior management bonuses and Transat A.T. Inc. taxes for the financial year
ending October 31.
28.2
The bonus shall be calculated based on the Company’s consolidated, audited results. It shall be
distributed to participating employees and prorated to the salary they earned during the reference
period. Salary earned includes all revenues except the Company’s contribution to the FCM’s
retirement plan and the bonus paid out during the reference year.
Example: Bonus Calculation
Assuming a payroll of $198 million:
Pretax profits of $30 million
$30,000,000 x 5% = $1,500,000 / $198,000,000
For a salary earned of $104,000
= 0.757%
= $787.28 bonus
28.3
Information concerning profits before dividends, extraordinary items, senior management bonuses
and Transat A.T. taxes as well as the payroll used to determine the annual bonus shall be sent to
the Association, in writing, no later than January 15 each year.
28.4
FCMs who are not members of the Company’s retirement plan shall receive the full bonus as
described in section 28.2. FCMs who are members of the Company’s retirement plan shall receive
50% of such bonus.
28.5
To be eligible for the bonus, FCMs are required to have been employed by the Company during
the reference year of the bonus. If, at payment, the FCM is absent or laid off, the bonus shall be
paid to him in accordance with his instructions.
May 1st, 2011
Page 101 of 118
2010-2014 Collective Agreement
29.
TRAVEL PRIVILEGES (INTERLINE POLICY)
29.1
The Company shall offer all FCMs and their dependents (spouse, children) free or reduced-price
travel privileges on Air Transat flights, in accordance with Interline policies. Improvements shall
be introduced during 2011 with regard to the extension of the reservation period of confirmed
passes.
29.2
Permanent FCMs shall be able to take advantage of reduced fares offered by other air carriers, in
accordance with agreements in effect at that time.
29.3
Retired FCMs, aged 55 years or more, who have at least 10 years of service, retain their Blue Pass
privileges and advantages and continue to be governed with relation to the Blue Pass policy status
they had before retiring (except PR4 instead of PR1 for stand-by tickets), and this, for the period
of time prescribed in section 1.2 par. 3 of the policy.
Example:
They get 4 confirmed passes per year or the promotional code rebate, an unlimited amount of
stand-by tickets (with, however, PR4 boarding priority), the comprehensive travel insurance,
packages, etc.
29.4
FCMs absent from work because of a disability, a leave without pay or a work-sharing program
keep their Blue Pass privileges for a 24-hour period following the beginning of the disability
conditional on the approval of the treating physician.
29.5
The Company must provide an internet service for the reservation and purchase of stand-by
tickets on Air Transat flights (e ticket) during 2011.
29.6
Occupancy Policy for the Jumpseat
No request in relation to a jumpseat, whether it be an Air transat employee or of any other airline,
can be granted without the agreement of the aircraft Captain.
Page 102 of 118
May 1st, 2011
2010-2014 Collective Agreement
30.
DISCIPLINARY MEASURES AND DISMISSAL
30.1
Investigation
30.2
30.1.1
When a disciplinary measure or dismissal is envisaged, the FCM concerned may be
relieved of his duties with pay for a maximum period of seven (7) days to allow the
Company to carry out an investigation and consider all possible factors. This period
may be extended by agreement between the Company and the Association.
30.1.2
During any enquiry or hearing, the FCM concerned may demand the presence of a
representative of the Association.
30.1.3
During any enquiry or hearing, the Company shall allow any witness or
representative in its employ, depending on service availability, the leave time
necessary to appear at such hearings and, if necessary, allow him to take advantage of
space available on its aircraft in order to be present.
Disciplinary Measure
30.2.1
If a disciplinary measure is envisaged, the Company can only take into account the
disciplinary measures imposed on an FCM during the twenty-four (24) months
preceding the new offence. All disciplinary notices shall be removed from an FCM’s
file after 24 months.
30.2.2
No report, correspondence or document can be used by the Company with respect to
disciplinary action unless the FCM has received a copy of same.
30.2.3
In cases of disciplinary action, the Company must immediately advise the FCM
concerned in writing, with a copy to the Association. The notice shall set out the
nature of the disciplinary measure and the reasons for it.
30.2.4
Any measure taken by the Company against an FCM under this chapter, apart from
dismissal, shall not prevent the FCM from applying for positions to be filled. At the
end of the period during which he has been released from service or suspended, he
may fill the position to which his seniority entitles him.
30.2.5
An FCM who is subject to disciplinary measures or dismissed may file a grievance, in
accordance with the provisions of Chapter 31, Grievances and Arbitration.
30.2.6
Should the FCM be exonerated, his file shall be updated accordingly. He shall then
return to work without loss of seniority or salary.
30.2.7
No disciplinary measures or dismissal may occur without due cause.
May 1st, 2011
Page 103 of 118
2010-2014 Collective Agreement
31.
GRIEVANCES AND ARBITRATION
31.1
General
31.2
31.3
31.1.1
The term “grievance” shall cover any misunderstanding relating to the interpretation,
application or alleged violation of this Collective Agreement.
31.1.2
The Company recognizes that all decisions concerning an FCM shall be fair and
comply with the protections assured him under this Agreement.
Grievance Settlement Procedure
31.2.1
An FCM, or the Association acting on his behalf, may submit a grievance against the
Company. The party submitting the grievance shall present it, in writing, to the Vice
President, Flight Operations, within thirty (30) days following knowledge of the
event. The notice shall contain a summary of the facts and the rectification desired.
31.2.2
Within thirty (30) days of receiving the grievance, the Vice President, Flight
Operations, shall provide his decision to the FCM and the Association
simultaneously, in writing. If the grievance is rejected, reasons must be given.
31.2.3
If he is dissatisfied with the answer or if he does not receive any response within the
period specified in section 31.2.2, the FCM shall refer the grievance to arbitration, in
accordance with the procedure stipulated in section 31.3.
31.2.4
The Association may submit a grievance on behalf of an individual or a group.
31.2.5
No form of discrimination shall be exercised against an FCM who submits a
grievance.
31.2.6
The FCM who wishes to raise a grievance is required to complete the electronic form
“Submit a Complaint” in Appendix K.
Arbitration
31.3.1
If the procedure described in section 31.2 does not lead to a satisfactory settlement,
the Association may refer the grievance to arbitration within the sixty (60) days
following receipt of the response or upon expiry of the period provided for in section
31.2.2. The party requesting arbitration shall notify the other party, in writing,
indicating the reasons for the grievance, the settlement required and the choice of
arbitrator. In the five (5) working days following receipt of this notice, the other party
shall inform the party requesting arbitration of the name of its arbitrator, in writing.
31.3.2
If the parties cannot reach an understanding on the choice of arbitrator, they shall
apply to the Minister of Labour to designate one.
31.3.3
The arbitrator shall be invested with the powers conferred under the Canada Labour
Code. Should he consider the dismissal or suspension unjust, he can issue an order
enjoining the employer to reintegrate the FCM or, if applicable, pay the retroactive
sums applicable. However, the arbitrator shall have no authority to add, subtract,
alter, amend or extend the provisions of this Collective Agreement.
31.3.4
In disciplinary matters, the burden of proof lies with the Company. The arbitrator
may confirm, modify or cancel the Company’s decision and, if applicable, substitute
a decision that shall appear fair and reasonable to him, taking all circumstances of the
matter into account.
Page 104 of 118
May 1st, 2011
2010-2014 Collective Agreement
31.3.5
The arbitrator’s decision is final and binding on the parties. His orders shall be carried
out within fifteen (15) days following the date his decision is published.
31.3.6
Each party shall pay the expenses of its witnesses. However, the Company shall grant
all witnesses or representatives in the employ of the Company the leave time
necessary, based on service availability. If needed, it shall allow such persons to use
space available on its aircraft. The arbitrator’s costs and honoraria, together with
those of the witnesses he calls, shall be shared equally. Insofar as is possible,
witnesses shall be released on blank days.
May 1st, 2011
Page 105 of 118
2010-2014 Collective Agreement
32.
UNIFORM AND ACCESSORIES
32.1
Description and Duration
FCMS are required to wear a uniform, composed of the following items and accessories:
1
6
3
1
2
1
1
1
1
2
2
2
1
1
Items
Duration
Jacket
Shirts
Pants
Hat
Ties
Nylon raincoat
“Kanuk” winter coat
Sweater
Pair of epaulettes
Insignias w/screw attachments
Insignias w/clip attachments
Tie clips
Sleeve rings, buttons
2 years
1 year **
2 years
3 years
1 year
-----4 years
2 years
2 years
2 years
2 years
2 years
As needed
Accessories
Duration
Carry-on bag
Rigid suitcase certified by the MEC
2 years
5 years
** Note: The anniversary date of uniform renewal does not change as long as the FCM gets his
or her uniform pieces before the second of the twofold deadlines prescribed by the
Collective Agreement.
Example: An FCM is eligible to get his shirts in December 2008, and does not get them before September
2009; he gets 6 shirts and is eligible to get 6 more shirts in December 2009. However, if the
FCM does not get any shirts between December 2008 and December 2009, when he gets his
shirts in 2010, he will only be entitled to get 6 shirts.
32.2
Cost
32.2.1
The Company shall assume the full cost of uniform items and the compulsory
accessories described above.
32.2.2
If one or more uniform items have to be replaced before the above periods, its total
cost will be borne by the FCM.
Page 106 of 118
May 1st, 2011
2010-2014 Collective Agreement
32.3
Allowances for Supplies, Cleaning and/or Shoes
32.3.1
Cleaning and/or Shoes
The Company shall pay FCMs a monthly allowance of $62.01 for the cleaning of
their uniform and/or the purchase of shoes.
32.3.2
Supplies
The Company shall pay FCMs a monthly allowance of $64.59 for the purchase of
navigational supplies (calculators, headphones, instruments, etc.)
32.4
Departure of an FCM
32.4.1
Upon termination of employment or layoff, FCMs shall return all uniform items and
accessories detailed in section 32.1. FCMs who do not return their uniform shall pay
the balance outstanding for the items, which shall have been depreciated in a linear
manner.
32.4.2
FCMs on preretirement leave are not eligible for cleaning, shoes and supplies
allowances.
May 1st, 2011
Page 107 of 118
2010-2014 Collective Agreement
33.
WAR, HOSTAGE-TAKING, HIJACKING, INTERNMENT OR DISAPPEARANCE
33.1
Compensation
33.2
33.1.1
If, during the course of his work for the Company, an FCM is captured, made
prisoner, interned, taken as hostage or is missing, the Company shall continue to pay
him one hundred (100) percent of the regular salary he was receiving at the time of
the incident until he is found or his death is confirmed. However, if the FCM has not
been found within twelve (12) months of his disappearance and his death has not
been confirmed, payment of his regular salary shall cease.
33.1.2
The Company shall pay the FCM’s regular salary stipulated in section 33.1.1 into his
personal account, without interest, and shall distribute all or part of the amount in
accordance with the written instructions left by the FCM. However, an FCM who is
arrested by authorities recognized by the Government of Canada or who is accused of
an infraction which, in Canada, may be subject to criminal proceedings, is not entitled
to such benefit.
33.1.3
Section 33.1.1 notwithstanding, the Company shall only pay the difference between
the payment provided for in section 33.1.1 and the amount of any compensation
provided for under legislation respecting persons who are captured, made prisoner,
interned, kept as hostages or who are missing due to acts of war.
Requests for Instructions
The Company shall ensure that each newly-employed FCM gives it his instructions with respect
to this Chapter, using the form shown in section 33.3. The Company shall also ensure that all
FCMs already in its employ have filled out this form.
33.3
Request for Instructions Form
The instructions mentioned in section 33.2 shall substantially be as follows:
Page 108 of 118
May 1st, 2011
2010-2014 Collective Agreement
AIR TRANSAT
REQUEST FOR INSTRUCTIONS
AIR TRANSAT A.T. INC.
c/o HUMAN RESOURCES DEPARTMENT
You are hereby instructed to pay the regular salary to which I may be entitled under section 33.1 of this
Collective Agreement between the Company and the Association, as follows:
...................% of the said compensation to.......................................................................................................
(Name)
………………............................................................, for the remainder of his/her life and, in case of death
(Address)
to.......................................................................................................................................................................
(Name)
(Address)
for the remainder of his/her life.
Any balance, as well as any sums accumulated after the death of the persons designated above, shall be
held for me or, if my death should occur before I have access to them, such monies shall be paid to the
executor of my estate.
The above instructions may be amended at any time by a letter dated and signed by the undersigned, and
such amendments shall become effective immediately upon receipt of such letter by the Company.
Once the payments provided herein have been paid, the Company shall not be required to pay any other
compensation requested in my name under this Collective Agreement between the Company and the
Association.
..........................................................................................
FCM’s Signature
..........................................................................................
Date
May 1st, 2011
Page 109 of 118
2010-2014 Collective Agreement
34.
LEGAL MATTERS
34.1
Legal Defence and Opinion
34.2
34.3
34.1.1
If legal proceedings are taken against an FCM for an alleged error committed while
carrying out his duties on behalf of the Company, the latter shall undertake to provide
him or his estate with legal counsel, free of charge. In addition, the Company shall
undertake to hold the FCM free and blameless from any claims adjudged against him,
unless they are caused by gross negligence or voluntary misconduct. Legal counsel
shall be selected and paid for by the Company.
34.1.2
AN FCM shall not be required to pay the cost of damage to aircraft or equipment
when he is on duty for the Company.
FCM Files
34.2.1
Subject to section 34.2.2, an FCM’s file is wholly confidential and only those in
charge of the Company’s Flight Operations and Human Resources Departments shall
have access thereto, and then only in the course of their duties.
34.2.2
All FCM files kept for and by the Company shall be made available to the FCM
concerned for examination, in the presence of a member of management.
34.2.3
The Company shall give the FCM, either in person or by registered mail, a copy of
any negative or unfavourable correspondence no later than seven (7) days after the
date on which such document is placed in his file.
Legal Matter
Identity card (RAIC)
If an FCM is subject to a suspension, revocation, confiscation or renewal refusal of the RAIC
card, the following terms and conditions are applied:
34.3.1
The Company maintains the FCM’s employment.
34.3.2
The Company maintains the FCM’s remuneration.
34.3.3
The Company and the Association implement useful measures for the FCM to be
granted the security authority required to obtain an RAIC card.
The terms and conditions prescribed to these provisions do not apply if the
suspension, revocation, confiscation or renewal refusal of the RAIC card is motivated
by serious allegations of criminal, penal or regulatory infraction committal as well as
gross or intentional negligence.
34.3.4
Page 110 of 118
The Company commits to reimbursing reasonable legal fees to the FCM for
representation in any legal procedures for the purposes of re-obtaining security
clearance (RAIC) in the event that the FCM is not found guilty.
May 1st, 2011
2010-2014 Collective Agreement
35.
TEMPORARY FCMs
35.1
General
In order to maximize its operating efficiency, the Company may retain the services of temporary
FCMs. However, in order not to hinder the normal progression of their careers, the following
provisions shall apply:
35.2
35.1.1
When a temporary FCM has accumulated more than five (5) months’ active service
over a period of twelve (12) consecutive months, his employment status shall become
permanent. The service accumulated since he was first hired shall be taken into
account when assigning his seniority standing. It shall also be used to determine the
date of his change in salary scale, as well as the days of annual leave to which he is
entitled.
35.1.2
During periods when one or several temporary FCMs are employed by the Company,
no permanent FCM can involuntarily be without work, except in the event of sick
leave or disciplinary measures.
35.1.3
A temporary position as Captain must be occupied by a permanent FCM. However,
the Company may hire a temporary Captain if:
35.1.3.1
No permanent Second in Command has the minimum qualifications required
(Appendix “C”) to hold the position, or
35.1.3.2
No permanent Second in Command with the minimum qualifications required
(Appendix “C”) has indicated, by means of his letter of preference, that he would
wish to hold such a position.
35.1.4
The salaries and working conditions of temporary FCMs are governed by this
Collective Agreement.
Overtime
Additional flight hours are flown by permanent FCMs. However, if none is available, the
overtime may be flown by a temporary FCM.
May 1st, 2011
Page 111 of 118
2010-2014 Collective Agreement
36 .
Left Blank Intentionnally
Page 112 of 118
May 1st, 2011
2010-2014 Collective Agreement
37.
REDUCED MONTHLY FLYING HOUR PROGRAM (RMFP)
37.1
Preamble
FCMs who wish to have a lighter workload can avail themselves of a reduced monthly flying
hour program (RMFP). For this program, the provisions of the Collective Agreement shall apply
unless expressly modified by this chapter.
37.2
Eligibility
Only FCMs who have ended their probationary period are eligible to RMFP.
37.3
Duration and Application
RMFPs are offered for periods of six (6) consecutive months from August to January and from
February to July. An FCM who wishes to obtain an RMFP period shall submit an application on
the appropriate form (Appendix “I”) to his Chief Pilot no later than forty-five (45) days prior to
the start of the period concerned.
37.4
Program Availability
The number of FCMs who can avail themselves of RMFPs during the same period is limited to
twenty percent (20%) of flight personnel, by classification and aircraft type. If more than twenty
percent (20%) of flight personnel, by classification and aircraft type request the program for the
same period, the program is awarded to ten percent (10%) in order of seniority and ten percent
(10%) in reverse order of seniority. An FCM can request two (2) consecutive periods provided
that requests for the second period do not exceed the limit of twenty percent (20%).
37.5
Reserve Blocks
An FCM who obtains an RMFP period cannot obtain a reserve block during this period unless it
is allocated by reverse order of seniority. In such an event, the reserve block parameters stipulated
in section 13.4 shall apply.
37.6
Reduced Monthly Flying Hour Program Parameters
Monthly flight blocks in the RMFP shall be limited to sixty-five (65) FTCs at the time of
publication. Furthermore, notwithstanding Section 13.3.8, an FCM’s flight block in the RMFP
includes 16 GDOs; however, only the GDOs specified in Section 13.3.8 shall be matched in
groups of two or three.
37.7
Compensation
37.7.1
An FCM who works a complete month under the RMFP shall be paid a minimum
guarantee of 65 FTCs at his hourly rate stipulated in section 17.5. This regular salary
is reduced by 2.5 FTCs for each calendar day on which the FCM was on unpaid
leave, laid off, suspended, dismissed or had resigned.
37.7.2
An FCM who agrees to work on a blank day and accumulates more than sixty-five
(65) FTCs during the month is paid his hourly rate up to a total of eighty-five (85)
FTCs. If he accumulates more than eighty-five (85) FTCs, he is paid in accordance
with section 17.3.
May 1st, 2011
Page 113 of 118
2010-2014 Collective Agreement
37.7.3
37.8
An FCM who has a reserve block imposed during RMFP shall be paid a minimum
guarantee of eighty-five (85) FTCs for that month.
Withdrawal
An FCM who obtained an RMFP period can withdraw from the program on written notice
twenty-one (21) days prior to the publication of his next flight block, provided his withdrawal
from the program does not result in the layoff of another FCM.
37.9
Flight Schedules at Reduced Hours
All the sections of this collective agreement apply to FCMs in the RMFP.
Page 114 of 118
May 1st, 2011
2010-2014 Collective Agreement
38.
WORK SHARING PROGRAM
38.1
Preamble
FCMs who wish to have a lighter workload can avail themselves of a work sharing program
(WSP). For this program, the provisions of the Collective Agreement shall apply unless expressly
modified by this chapter.
38.2
Eligibility
Only FCMs who have ended their probationary period are eligible to WSP.
38.3
Duration and Application
38.3.1
WSPs are offered for periods of at least six (6) consecutive months. The intended
period must be jointly requested by two (2) FCMs (“partners”), holding the same
position at the same base. The partners shall submit an application on the appropriate
form (Appendix “J”) to their Chief Pilot no later than ninety (90) days prior to the
period concerned. The working months and the months off work for each partner
must be indicated. A partner cannot be off work for more than two (2) consecutive
months.
Example: Two FCMs make a WSP application for the period between April 1 and September
30. During this period, partner “A” is to work in April, June and August while
partner “B” is to work in May, July and September.
38.3.2
38.4
Applications that fully meet the criteria set out in section 38.3.1 and are made by
eligible partners will be accorded.
Program Extension
The program can be extended if so requested by the partners, subject to agreement by the
Company.
38.5
Work Schedule
During the work sharing period, the partners obtain alternating flight or reserve blocks and
complete months off work. The partner’s flight block may contain a pairing that overlaps the
working month and the month off work.
38.6
Compensation
For each month a partner obtains a flight block, he is paid in accordance with Chapter 17 A
partner receives neither pay nor allowances for the month off work. However, when a partner
works at the beginning of a month that he is supposed to be off work due to the overlap of a
pairing that started the previous month, he is paid for the days worked. In that case, the Flight
Operations Department must advise the Pay Department so that the necessary adjustments can be
made.
38.7
Service Time
A partner does not accumulate service time for the months he is off work.
May 1st, 2011
Page 115 of 118
2010-2014 Collective Agreement
38.8
Insurance
A partner shall continue to be covered, at his own cost, by the group insurance plan during the
months he is off work, in accordance with the provisions set out in section 25.3.1
38.9
Travel Privileges
A partner maintains his travel privileges during the months he is off work.
38.10 Withdrawal
38.10.1
An FCM can withdraw from the program on written notice twenty-one (21) days
prior to the publication of his next flight or reserve block, provided his withdrawal
does not result in the layoff of another FCM.
38.10.2
If one of the partners withdraws under section 38.10.1 or becomes disabled, the WSP
terminates unless the remaining partner finds a new partner. If a new partner cannot
be found, the Company may choose to maintain the WSP for the remaining partner.
Page 116 of 118
May 1st, 2011
2010-2014 Collective Agreement
39.
ASIA
39.1
General
39.2
39.1.1
If the Company anticipates a flying program to Asian destinations, it shall advise the
Association in writing no later than six (6) months prior to the commencement of
operations.
39.1.2
The Company and the Association shall commence discussions to establish the
working conditions related to operations in Asia. Such discussions shall begin within
the thirty (30) days following a request to this effect by either party, unless agreed
otherwise with the Company.
39.1.3
Should no agreement be reached within ninety (90) days following the start of
discussions, the matter shall be referred to arbitration. The Company may
nevertheless commence operations in Asia, based on working conditions included in
the Collective Agreement. The working conditions shall be set by the arbitrator at the
end of the arbitration process. From that point on, they shall become an integral part
of the Collective Agreement.
39.1.4
If the parties cannot agree on the choice of an arbitrator within seven (7) days, one or
other may apply to the Minister of Labour to name an arbitrator.
Wet Lease, Damp Lease or ACMI
Section 39.1 notwithstanding, the Company may operate to Asian destinations on a “Wet lease”,
“Damp lease” or ACMI in accordance with sections 13.3.6, 14.8.3, 14.15 and 15.3.
May 1st, 2011
Page 117 of 118
2010-2014 Collective Agreement
40.
TERM OF THE COLLECTIVE AGREEMENT
The term of this Collective Agreement shall be forty-eight (48) months, starting on the first (1st)
day of May 2010 until the thirtieth (30th) day of April 2014. Provisions relative to salaries and per
diems shall be applicable as of May 1st, 2010. The retroactive amount shall be paid at the latest on
November 18th, 2010.
It shall be renewed automatically, without amendment unless one or other of the parties advises
the other, in writing, within the one hundred and twenty (120) days preceding the legal expiry
date, of its intention to modify or amend the Collective Agreement.
Once notice of negotiation has been given hereunder, the provisions of the Collective Agreement
shall continue to apply until ratification of a new Collective Agreement.
IN WITNESS WHEREOF, the duly authorized representatives of each party have signed this 3rd
day of February, 2006.
FOR
AIR TRANSAT A.T. INC.
FOR
AIR LINE PILOTS ASSOCIATION (ALPA)
Allen B. Graham
President-Chief Executive Officer
Lee Moak
President ALPA
Simon Lavoie
Vice President, Flight Operations
Sylvain Aubin
Chairman, Master Executive Council
TSC – ALPA
Suzanne Viens
Vice President, Human Resources
Percy Toop
Contract Administrator
Jean-François Lemay
Legal Advisor
Page 118 of 118
May 1st, 2011