CATCA Collective Agreement 2009/2011- Articles

Unless specified elsewhere in this Agreement, the following definitions will apply throughout this Agreement:
(1) For the purpose of this Agreement the following shall be considered as operating employees:
(a) Air Traffic Controllers in Area Control Centres, Control Towers, and the National Operations Centre;
(b) all team and shift supervisors in Area Control Centres, and Control Towers, and the National Operations Centre;
(c) all Air Traffic Controllers-in-Training in Area Control Centres, or Control Towers;
(d) Data Systems Co-ordinators;
(e) Unit Operations Specialists in Control Towers.
All employees other than those listed above shall be considered non-operating employees.

(2) "Weekly rate of pay" means an employee's annual normal pay divided by 52.176.

(3) "Straight-time rate" means in the case of a non-operating employee his or her weekly rate of pay divided by thirty-seven and one-half (37 1/2) and in the case of an operating employee his or her weekly rate of pay divided by thirty-four (34), and effective September 1, 1999 his or her weekly rate of pay divided by thirty-six (36).

(4) "Designated holiday" means the twenty-four (24) hour period commencing at 00:00 hours of a day designated as a holiday in this agreement. Any shift in which the majority of time is worked in this period shall be deemed in its entirety to fall within this period. Any shift in which the majority of time is worked outside of this period shall be deemed in its entirety to fall outside of this period.

(6) "An operating irregularity" is a situation which occurs when air traffic control service is being provided and when a preliminary investigation indicates that safety may have been jeopardized, less than minimum separation may have existed, or both.

(7) "Shift cycle" means the recurring sequence of an employee's days of work and days of rest.

(8) "Shift schedule" means NAV CANADA’s advance posting of shifts to be worked by employees within their shift cycle.

(9) "Normal pay" means compensation for the performance of duties of a position including Supervisory Differential, but, exclusive of allowances, special remuneration, overtime, other compensation, and other gratuities.

(10)
(i) continuous service means:
unbroken service from the employee’s last date of hire including authorized leaves of absence.
(ii) continuous employment means:
continuous service including the cumulative periods of continuous service where interruptions in service of less than three (3) months occur.
(iii) the continuous service or continuous employment of a “designated” continued employee shall include his or her continuous service or continuous employment as an employee engaged in the Public Service as defined in the Public Service Staff Relations Act (R.S.C. c. P-35 s.i.) as at November 1, 1996 and who was employed in any department or organization mentioned in any version of Part 1, Schedule 1 under the said Act prior to November 1, 1996.

(11) “Will” and “shall” in this agreement have the same meaning.

(12) “Temporary employee” is an employee hired for a specified term.

(13) “Spouse” is one of two people legally married to one another and those in relationships where they have lived with one another for a period of at least one year, continue to live with each other, and who have publicly represented themselves as spouses.

(14) “Employee” means a person who is a member of the bargaining unit.

(15) “Step-Relative” means Step-Mother, Step-Father, Step-Son, Step-Daughter, Step-Brother, Step-Sister.

(16) “Designated Employee” means a person who was employed in the Public Service prior to November 1, 1996 and whose name was set out on a list of employees designated by the Minister of Transport for purposes of the Civil Air Navigation Services Commercialization Act (Bill C-20 assented to 20th June, 1996).

(17) “Continued Employee” means a Designated Employee who accepted the offer of employment made to him or her by NAV CANADA to become an employee of NAV CANADA as of and from the Transfer Date, November 1, 1996, and who became an employee of NAV CANADA on the Transfer Date.

(18) “Work week” means a complete set of contiguous days of regular work, surrounded by, but not including, scheduled rest days.

2.01 The purpose of this Agreement is to establish and maintain harmonious relationships between NAV CANADA, the Union and the employees through the promotion of respect and excellence, and to set forth the terms and conditions of employment upon which agreement has been reached through collective bargaining.

2.02 The parties to this Agreement also share a desire to promote safety, quality, employee satisfaction and customer service so as to enhance the efficiency and productivity of NAV CANADA which operates in a regulated environment.

3.01 Exclusive Bargaining Agent
NAV Canada recognizes the CAW Canada and its Local 5454 (CATCA) as the exclusive bargaining agent for all employees in the bargaining unit as set out in the order of the Canada Industrial Relations Board, given order number 8687-U, dated July 20 2004, in CIRB file number 24403-C.

3.02 Union Recognition
(a) Every employee of the bargaining unit who is now, or hereafter becomes a member of the Union, shall maintain his or her membership in the Union as a condition of his or her employment and every new employee shall within thirty (30) days after the commencement of his or her employment, or after graduation from the national training school, apply for and thereafter maintain membership in the Union as a condition of his or her employment.

(b) The Union will not require NAV CANADA to terminate the employment of an employee because the employee has been expelled or suspended from membership in the Union for a reason other than a failure to pay the periodic dues, assessments, and initiation fees uniformly required to be paid by all members of the Union as a condition of acquiring or retaining membership in the Union.

3.03 Employee Information
NAV CANADA agrees to provide the Union with the following information on a monthly basis pertaining to all employees in the bargaining unit:

Employee’s name
Position and/or acting position
Group and level
Location (unit)
Tenure or status in position
Effective date of change
Current salary per Appendix “A”
Date of assignment
Acting level
Position title
Pay office
Pay list
CATCA identification number
List of changes since last report

3.04 Collective Bargaining Committee
NAV CANADA agrees to recognize and deal with a Collective Bargaining Committee for the purpose of negotiating collective agreements between NAV CANADA and the Union. The Collective Bargaining Committee may be assisted by representatives other than employees.

3.05 Leave for Collective Bargaining
For meetings with NAV CANADA under 3.04, up to four (4) members of the Collective Bargaining Committee shall be granted leave without pay.

3.06 Notification of Union Representatives
NAV CANADA acknowledges the right of the Union to appoint or elect employees as Union Representatives or Stewards. The Union shall notify NAV CANADA promptly and in writing of the names of its representatives, the respective dates of their appointment, their workplace jurisdictions, and the names, if any, of those representatives who are being replaced or discontinued. These workplace jurisdictions will reflect so far as possible the organizational structure of NAV CANADA.

3.07 Carrying out Steward Duties
The Union recognizes that employees who are representatives of the Union have regular duties to perform in connection with their work for NAV CANADA. A Union Representative/Steward shall obtain the permission of his or her immediate supervisor before leaving his or her work to investigate urgent employee concerns arising out of the work place, to meet with local management for the purpose of dealing with these matters and to attend meetings called by management. While recognizing that operational and safety requirements take precedence, such permission shall not be unreasonably withheld. The Union Representative/Steward shall report back to his or her supervisor before resuming his or her normal duties.

3.08 Access to Company Premises
Upon proper notification to the authorized management representative, a union representative will have access to NAV CANADA’s premises to conduct union business arising out of the collective agreement and/or Company policies so long as such access does not unduly interfere with NAV CANADA’s operations.

5.01 Work of the Bargaining Unit
(a) Functions that at present are performed exclusively by members of the bargaining unit will not be contracted out or assigned to members of other bargaining units.

(b) Where because of operational requirements either party deems it desirable to deviate from this understanding, the parties agree to enter into discussions to consider such proposal of either party and may mutually agree to make exceptions to the foregoing.

(c) Individuals whose services are engaged to perform work of the bargaining unit under the control and direction of the company will be deemed to be employees in the bargaining unit for all purposes of the collective agreement.

5.02 Assignment of Air Traffic Control Duties
NAV CANADA will only assign work to the air traffic control group that is related to the air traffic services business.

6.01 Mandatory Check-Off
Subject to the provisions of this Article, NAV CANADA shall, as a condition of employment, deduct Union Membership dues and initiation fees from the monthly pay and/or training allowance(s) of all employees in the bargaining unit in accordance with the Union’s by-laws.

6.02 Timing for Check-Off
The provisions of 6.01 will be applied effective the first of the month following the signing of this Agreement and the deductions from the pay and/or the training allowance for each employee in respect of each month shall start with the first full month of employment. Where an employee does not have sufficient earnings in respect of any month to permit deduction NAV CANADA shall not be obliged to make such deduction from subsequent salary.

6.03 Remittance to Union
The amounts deducted in accordance with 6.01 shall be remitted to the designated official of the Union within thirty (30) days after deductions are made and shall be accompanied by particulars identifying each employee and the amount of the deduction made on behalf of each employee.

6.04 Union Benefit Plans
NAV CANADA shall provide a voluntary revocable check-off of premiums payable on health and sickness, and life insurance plans provided by the Union for its members on the basis of production of appropriate documentation, provided that the amounts so deducted are combined with Union dues and initiation fees in a single monthly deduction.

6.05 Indemnification for Union Errors
The Union agrees to indemnify and save NAV CANADA harmless against any claim or liability arising out of the application of this Article.

6.06 Revision to Dues
If a general revision in the amount of membership dues is to be made during the term of the Agreement, the Union agrees to notify NAV CANADA in writing at least sixty (60) days prior to the effective date of such revision.

6.07 Prohibition
No employee organization, other than the Union, shall be permitted to have membership dues and/or other monies deducted by NAV CANADA from the pay of employees in the bargaining unit.

7.01 Elected Union Officials
(a) With reasonable notice from the employee in writing that he/she has been elected to a full time office of the Union, NAV CANADA will grant leave with no loss of seniority to the employee for the term of the office.
(b) An employee granted leave under clause (a) above shall continue to receive his/her regular salary and benefits for the period of leave granted, subject to the Union reimbursing NAV CANADA for all associated costs.
(c) The period of leave granted shall be counted as continuous service for the purposes of calculating severance pay, vacation leave, and pay increments.
(d) An employee granted leave under clause (a) shall have their unused sick leave, vacation leave and lieu leave credits frozen until they cease to hold such office.
(e) Where an employee ceases to hold such office he/she shall be entitled to return to his or her former work unit at the same grade and level occupied prior to the leave of absence or, by mutual agreement, to a position at the same grade and level similar to that occupied prior to the leave of absence.

7.02 Attendance at Union Functions
Where operational requirements permit, NAV CANADA will grant leave without pay to a reasonable number of employees at any one time to attend Union Executive Council meetings, congresses and conventions. Leave without pay for this purpose shall be requested in writing to NAV CANADA as far in advance as possible of the date the leave is to commence, but normally not less than fifteen (15) calendar days in advance. Approval of such requests shall not unreasonably be withheld.

7.03 Canada Industrial Relations Board
Where operational requirements permit, NAV CANADA will grant:
(a) leave with pay to an employee who makes a complaint on his or her own behalf alleging a violation of any paragraph of Section 94 of the Canada Labour Code;
(b) leave without pay to an employee who makes a complaint on his or her own behalf, alleging a violation of any section other than Section 94 of the Canada Labour Code; and
(c) leave without pay to an employee representative who acts on behalf of an employee making a complaint, or who acts on behalf of the Union making a complaint.

7.04 Canada Labour Code Applications for Certification
Where operational requirements permit, NAV CANADA will grant leave with pay:
(a) to an employee representative who represents the Union in an application for certification or in an intervention; and
(b) to an employee who makes personal representations with respect to certification.

7.05 Interest Arbitration Board and Conciliation Board Hearings
Where operational requirements permit, NAV CANADA will grant leave without pay to an employee representing the Union before an Arbitration Board or Conciliation Board.

7.06 Arbitration
NAV CANADA will grant leave:
(a) with pay to the grievor to attend the arbitration, and
(b) where operational requirements permit, leave with pay to the Union Representative of an employee who is party to an arbitration.

7.07 Witnesses
(a) An employee who is requested by NAV CANADA to appear as a witness before an arbitrator, arbitration board, or the Canada Industrial Relations Board, or any of its constituent bodies, will be granted leave with pay to attend the hearing and appear as a witness if called.
(b) Where operational requirements permit, NAV CANADA will grant leave without pay to an employee called as a witness by an employee or the Union.

7.08 Leave of Absence Without Pay for Union Business
Where operational requirements permit, NAV CANADA shall grant leave of absence without pay to officers of the Union to attend to Union business. For the purposes of this Clause, the following, or their equivalent should position titles change, shall be considered 'officers':

1. President
2. Secretary Treasurer
3. Regional Vice Presidents
4. Branch Chairs
5. From time to time, upon written confirmation to NAV CANADA from a Regional Vice president, the Secretary Treasurer or the President, a Union Steward who has been duly appointed as a member of a union committee.

7.09 Attendance at Invitation of Federal Government
Operational requirements permitting, two (2) employee members of the Union’s National Executive or their appointed alternates, formally invited by Federal Government agencies to attend joint meetings for discussion of mutual problems, shall be granted leave of absence with pay including reasonable travel time required for attendance at such meetings. Should an employee attend such a meeting on the employee’s regularly scheduled day of rest, the employee shall be allowed time off with pay, equivalent to the time required for attendance at such a meeting including reasonable travel time, up to a maximum of his or her normal scheduled daily hours of work, to be taken at a time mutually acceptable to the employee and his or her supervisor. Should such time off not be utilized by the end of the fiscal year, the unused portion will be paid off at the employee’s straight-time rate in effect at that time.

8.01 Consultation on Matters of Mutual Interest
NAV CANADA and the Union recognize that consultation and communication on matters of mutual interest outside the terms of the Collective Agreement should promote constructive and harmonious Company-Union relations.

8.02 Recognition of Union Committees
NAV CANADA will recognize Union Committees for the purpose of consulting with management as follows:
(a) A Union National Committee;
(b) By agreement of the parties and where circumstances warrant, Union Local Unit Committees may be established for the purpose of consultation with local management.

8.03 Limitations on Jurisdiction
It is recognized that a subject suggested for discussion may not be within the authority or jurisdiction of either the management or Union representatives. In these circumstances, consultation may take place for the purpose of providing information, discussing the application of policy or airing problems to promote understanding, but it is expressly understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to, or modify the terms of this Agreement.

8.04 Frequency of Committee Meetings
Meetings with the Union National Committee shall take place at least annually. By agreement of the parties the frequency of meetings may be increased. The frequency of meetings with Union Local Unit Committees shall be determined by mutual agreement.

8.05 Location of Meetings
All meetings shall be held on NAV CANADA’s premises at a time and for a duration determined by mutual agreement. The parties shall endeavour to schedule such meetings during the working hours of committee representatives. In the event meetings are scheduled on an employee’s day of rest, the employee shall not be entitled to any compensation.

8.06 No Loss in Pay for Union Committee Members
(a) Full-time employees forming the membership of Union Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable.
(b) For the purposes of 8.06 (a) the number of full-time employees shall be limited to:
(i) 10 for Union National Committee;
(ii) 3 for Union Local Committees.

8.07 Requirement for Written Agendas
A designated representative of Union Committees and management shall exchange written agendas for a meeting as early as possible prior to the effective date of the meeting, but in any case normally not less than fifteen (15) calendar days in advance.

9.01 Union Meetings
NAV CANADA may permit the Union to use NAV CANADA’s premises outside the working hours of the employees for conducting meetings of their members, where refusal to grant permission would make it difficult for the Union to convene a meeting. Such meetings shall not unduly interfere with NAV CANADA’s operations.

9.02 Bulletin Boards
Reasonable space on bulletin boards will be made available to the Union for the posting of official Union notices in convenient locations as determined by NAV CANADA.

10.01 Notice Requirements
At least one hundred and eighty (180) days before the introduction of any major technological change which will result in a reduction of staff, NAV CANADA shall notify the Union of the proposed change.

12.01 Corrective Discipline
Generally, discipline is intended to correct undesired behavior and conduct and, where appropriate, shall be progressive in nature. The process leading to, and including, the imposition of discipline shall be completed expeditiously.

12.02 Interview and Representation
Prior to any interview which might be the basis of disciplinary action, the employee will be informed of the date, time, location and purpose of the interview and their entitlement to have a Union Representative of their choice in attendance. The unavailability of the Union Representative of choice will not delay the meeting more than forty-eight (48) hours from the time set for the meeting in the original notice to the employee. At the interview the employee and the Union Representative may make representations and ask questions concerning the events and circumstances. Requests for an earlier meeting date will be subject to mutual agreement.

12.03 Notification of Disciplinary Action
The employee and the Union Representative shall be notified in writing of any disciplinary action, except an oral warning, taken against the employee by NAV CANADA within a reasonable period of that action having been taken.

12.04 Copy of Disciplinary Notice
Where any disciplinary notice is placed on an employee’s personnel file, a copy of such letter or note must be presented to the employee and to the Union Representative or sent by registered mail to their last known address within forty-eight (48) hours of its placement on the employee’s personnel file.

12.05 Prohibition on Use of Documentation
NAV CANADA agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee, the existence of which the employee was not aware at the time of filing or within a reasonable period thereafter.

12.06 Sunset Clause
Notice of disciplinary action which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period. The employee shall be notified orally when such notice has been destroyed.

12.07 Conflict of Interest
It is agreed that where there is the possibility of a conflict of interest the employee shall be afforded the opportunity to have his or her Union Representative meet with NAV CANADA to discuss the possible conflict of interest before a decision is given by NAV CANADA on the matter.

13.01 No employee shall be disciplined or terminated except for just cause. However, the termination of a probationary employee for non-disciplinary reasons may be carried out at the discretion of NAV CANADA at any time during the probationary period. NAV CANADA’s discretion must be exercised in good faith, without discrimination and in a non-arbitrary fashion.

14.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation or any disciplinary action exercised or practiced with respect to an employee by reason of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, conviction for which a pardon has been granted, or union affiliation.

14.02 Grievances arising from Article 14.01 shall first be dealt with through an alternate dispute resolution process (ADR) as agreed to by the parties. Once alternate dispute resolution mechanisms are agreed to by the parties, the grievance will be held in abeyance pending the results of the ADR process. Furthermore, employees are precluded from other avenues of redress, save and except applicable legislative procedures, until the ADR process has concluded. The ADR process shall not result in any unreasonable delay.

14.03 Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.

Operating Employees
16.01 Hours of Work
(a) Thirty-six (36) hours per week, averaged over a fifty-six (56) day period, shall constitute the workweek.
(b) The hours referred to in (a) above, are inclusive of a mandatory fifteen (15) minute briefing period in which the employee shall prepare himself or herself to assume his or her duties prior to the commencement of each shift.

16.02 Shift Cycle
Shift cycles for operating employees shall be as follows:
(a) The "17/11 shift cycle" for operational controllers shall conform to the following:
(i) shift cycles shall be comprised of seventeen (17) days of work and eleven (11) days of rest over a 28 day period;
(ii) shift cycles shall consist of any combination and/or permutation of the following:
1. six (6) days on, four (4) days off; six (6) days on, four (4) days off; five (5) days on, three (3) days off;
2. six (6) days on, four (4) days off; six (6) days on, three (3) days off; five (5) days on, four (4) days off;
3. six (6) days on, five (5) days off; six (6) days on, three (3) days off; five (5) days on, three (3) days off;
4. six (6) days on, three (3) days off; six (6) days on, three (3) days off; five (5) days on, five (5) days off.
(iii) days of rest shall be consecutive and not less than three (3)
(iv) the regular schedule shall include a minimum of thirteen (13) weekends (Saturday and Sunday together) scheduled off in every twelve (12) month period.

(b) The "34/22 shift cycle" for operational controllers shall consist of the following:
(i) Shift cycles shall be comprised of thirty-four (34) days of work and twenty-two (22) days of rest over a 56 day period.
(ii) Shift cycles shall consist of five (5) days on, three (3) days off; five (5) days on, three (3) days off; five (5) days on, three (3) days off; five (5) days on, three (3) days off; five (5) days on, three (3) days off; five (5) days on, three (3) days off; four (4) days on, four (4) days off

(c) The Employer may, where there is a reduced staffing requirement on weekends in a unit or specialty, schedule some shift cycles as follows:
(i) Four days on, starting on a Monday, followed by three days off; four days on, three days off; four days on, three days off; five days on, two days off ; or
(ii) Four days on starting on a Tuesday, followed by three days off; four days on, three days off; four days on, two days off; five days on, three days off.
Either shift cycle in (c) (i) or (ii) may be used as required by the Employer but shall not exceed 10% of the control requirement in the unit/specialty.

(d) The shift cycles worked by Unit Operations Specialists shall be determined by NAV CANADA and shall be either:
(i) four (4) days on, starting on a Monday three (3) days off; four (4) days on three (3) days off; four (4) days on three (3) days off; five (5) days on two (2) days off, or
(ii) four (4) days on, starting on a Tuesday three (3) days off; four (4) days on three (3) days off; four (4) days on two (2) days off; five (5) days on three (3) days off.

(e) Shift Cycle Optimization
NAV CANADA may, from time to time, optimize shift cycles at a unit/specialty in accordance with the following procedures:
(i) No later than 90 days prior to the optimization change, each employee shall choose either a 17/11 pattern or a 34/22 pattern as described in 16.02 (a) and 16.02 (b)(i) and (ii).
(ii) Employees may also indicate if they have an interest in the shift cycles listed in 16.02(c), should the optimization result in the generation of such shift cycles.
(iii) No later than 60 days prior to the change, the Employer shall publish a shift schedule based on the employees’ selection as set out in (i) above.
(iv) Employees shall then be entitled to choose among the available shift cycles, in order of seniority, provided they are consistent with their choice made in (i) above. These selections must be completed no later than 30 days prior to the change. Individuals failing to make a selection will be assigned a shift cycle.
(v) Should the schedule include shift cycles as listed in 16.02(c), they will be assigned in seniority order to employees who had indicated an interest in such cycles. Should there be an insufficient number of such interested employees, the remaining cycles of this nature will be assigned to employees in the unit/specialty in reverse seniority order.
(vi) NAV CANADA will not modify the above assigned shift cycles between two optimization changes, except for those amended in accordance with 16.03.
(vii) The minimum time period between optimization changes shall be 12 months unless agreed otherwise by the parties.

(f) Availability of controllers for overtime shall be the same for employees who adopt the "34/22 shift cycle" as employees on the "17/11 shift cycle" (65 days annually), even though this means that employees in the former group will not always enjoy two consecutive days of rest.

(g) There will be no gain or loss of pay or hours in transitioning to or from either of these shift cycles.

(h) When an employee fully qualifies in a unit or specialty and is to be assigned a new shift cycle, the assignment of the new shift cycle within the work unit shall be as follows:
(i) the new shift cycle shall be made available for voluntary selection by all employees in the unit or specialty (including the newly qualified employee) on the basis of seniority; and
(ii) should the new shift cycle be selected by any employee, the cycle vacated by that employee shall be made available to the remaining employees on the basis of seniority (NOTE: this same process may be iterated further if and as locally agreed between the parties);; and
(iii) notwithstanding their seniority, any employee who selects a shift cycle under (i) or (ii) will be ineligible for any future selections under this clause for a period of 12 months from the date of selection; and
(iv) the newly qualified employee shall be assigned the last vacated cycle except where it is not of the same type (17/11 or 34/22) chosen by the newly qualified employee. In that latter circumstance, a cycle conforming to that chosen by the newly qualified employee will be created and assigned to the newly qualified employee; and,
(v) If none of the existing staff select the new shift cycle, the new shift cycle shall be assigned to the newly qualified employee.
The voluntary selection of a shift cycle under this process shall not give rise to any claim for additional compensation (including leave, overtime, etc.) arising as a direct consequence of the change which would not have occurred had he/she maintained his/her previous cycle.

(i) When a new controller is to be assigned a shift cycle in accordance with clause (h) above and there is a more senior controller who has been involuntarily assigned a shift cycle listed under 16.02 (c) and who wishes to be relieved of that cycle, the new less senior controller will be assigned the shift cycle listed under 16.02 (c) and the more senior controller will have a new shift cycle generated that will be subject to clause h.

16.03 Changes to an Employee’s Shift Cycle
(a) Where an employee is required to attend a training program inside of his or her headquarters area, NAV CANADA may amend the shift cycle applicable to an employee for the purpose of providing training to employees, provided that;
(i) such amendments shall not be made without at least fifteen (15) calendar days' notice to the employee affected and,
(ii) in any vacation year as defined in 27.07(a) not more than five (5) of each employee's days of rest may be converted to working days, and,
(iii) each day of rest converted to a working day in accordance with paragraph (ii) above shall be rescheduled as a day of rest to be contiguous to a period of days of rest. This reimbursement must be completed within sixty (60) days of the date the converted day of rest would have occurred had the shift cycle not been amended, and,
(iv) the employee shall be compensated for converted days of rest not scheduled in accordance with this Article or not rescheduled in accordance with paragraph (iii) at the overtime rate.

(b) Where an employee is required to attend a training program outside of his or her headquarters area, for a period of less than thirty (30) consecutive calendar days, NAV CANADA may amend the shift cycle applicable to the employee for the duration of the training period. No overtime shall be payable for such a change in shift cycle, except that overtime compensation shall be payable for all hours worked in excess of those stipulated under clause 16.01 as a result of the change. The days of rest converted to working days under this clause shall be in addition to the five (5) days specified in clause 16.03(a)(ii). For the purpose of this clause, meal and relief breaks are exclusive of the hours stipulated in Clause 16.01.

(c) In order to balance the schedule, NAV CANADA may amend an employee's shift cycle where the requirement for amendment will be consistent for thirty (30) consecutive calendar days or more, and notice of the change is provided to the employee at least fifteen (15) calendar days prior to the change. No overtime compensation shall be payable for such a change in shift cycle, except that overtime compensation shall be payable for all hours worked in excess of those stipulated under clause 16.01 as a result of the change.
Prior to altering an employee’s shift cycle, NAV CANADA will attempt to accomplish the change by using volunteers. If there are no volunteers, the cycle of the employee with the least seniority may be changed.

(d) When an employee is required to undergo remedial training specifically recommended by an operations safety investigation or an Administrative Inquiry, NAV CANADA may amend the employee's shift cycle for the period of such training. No overtime compensation shall be payable for such a change in shift cycle, except that overtime compensation shall be payable for all hours worked in excess of those stipulated under clause 16.01 as a result of the change.

(e) It is understood that certain employees, may be required to change their shift cycle for varying periods of time in order to carry out non control duties. When such change is required, the cycle shall be determined by NAV CANADA and shall be either:

1. four (4) days on, starting on a Monday three (3) days off; four (4) days on three (3) days off; four (4) days on three (3) days off; five (5) days on two (2) days off, or
2. four (4) days on, starting on a Tuesday three (3)days off; four (4) days on three (3)days off; four (4) days on two (2) days off; five (5) days on three (3) days off

(i) No change in such an employee's cycle will be made unless the requirement to change is consistent for thirty (30) consecutive calendar days or more.

(ii) Advance notice of such requirement which will involve a change in the employee's cycle should be given at least fifteen (15) calendar days prior to the earliest date that the changed circumstances may commence. If notice of the change is less than fifteen (15) calendar days, the employee shall be paid a premium of four (4) hours' pay at the straight-time hourly rate for each shift or day worked during the period of the change for which he or she had not received fifteen (15) calendar days' notice.

(iii) Employees shall receive fifteen (15) calendar days notice when they are required to return to their original shift cycle. The employee may be returned to control duties before the expiry of that notice period. With mutual agreement between the employee and the manager, the fifteen (15) days notice may be waived or reduced.
(iv) The provisions of this clause shall not be applied to an employee for a period or periods in excess of an aggregate of eight (8) months in any twelve (12) month period.

16.04 Shift Schedules
(a) Shift schedules shall be posted at least fifteen (15) calendar days in advance in order to provide an employee with reasonable notice as to the shift he or she will be working. The shift as indicated in this schedule shall be the employee's scheduled hours of work.
(b) If it is necessary to amend the posted schedule, NAV CANADA will make every reasonable effort to contact the employee affected by the amendment to advise him or her of the change at the earliest possible opportunity. If the employee has serious objections to the amendment, NAV CANADA shall make every reasonable effort to accommodate the employee provided that it will not result in any additional overtime payments than would have otherwise been the case if the employee had not been so accommodated.
(c) An employee who is required to change his or her scheduled shift without receiving at least seven (7) days’ notice shall be compensated at the rate of time and one-half (1 1/2) for all hours worked on the first shift on the revised schedule which are outside of the employee's original scheduled hours of work. Subsequent shifts worked on the revised schedule shall be paid for at the straight-time rate.
(d) Once the current shift schedule is posted, the Employer will not unilaterally alter an employee’s scheduled shift to accommodate a vacation leave or lieu leave request subsequently made by another employee.
(e) NAV CANADA shall:
(1) not schedule the commencement of a shift within ten (10) hours of the completion of the employee's previous shift, subject to the following;
With a minimum of 56 days notice prior to the posting of a new schedule the local Union in a unit (in towers) or a specialty (in ACCs) may select a reduction in the minimum time off between shifts in accordance with one of the options listed in (i) or (ii) or neither. All operational staff in the unit/specialty will be on the same option.
(i) the Employer may schedule a reduction in the minimum time off between shifts to not less than eight (8) hours, no more than once during each employee’s "work week".(see definition)
(ii) the Employer may schedule a reduction in the minimum time off between shifts to not less than nine (9) hours, no more than twice during each employee’s "work week". Such reductions shall not occur consecutively.
Where an employee's published schedule contains no reduction in time between shifts as described above,), employees, at their individual option may elect to reduce time between shifts to less than 10 hours but not less than 8, once in a “work week” (including in this particular instance the immediately following days of rest), to facilitate shift exchanges, work overtime or perform non-control duties.
Notwithstanding the above, in no instance shall such reductions occur consecutively.
(2) not schedule regular shifts other than 8 hours and 28 minutes in duration.”
(3) ensure that the employee's first scheduled shift of a ”work week”, shall start later than 5:29 a.m. of the calendar day on which the “work week” begins. With mutual agreement between the union and the manager at the local unit level this restriction may be modified.
(f) NAV CANADA shall not schedule split shifts.

16.05 Shift Exchanges
(1) Equally qualified employees may exchange shifts provided:
(a) the provisions of clause 16.04(e)(1) or clause 20.04 are not violated,
(b) the employees shall make every reasonable effort to provide a minimum of twenty-four (24) hours' advance notice of the change,
(c) the shift change receives the approval of NAV CANADA, which shall not be unreasonably withheld,
(d) it will not require the payment of overtime,
(e) once such an exchange of shifts has been approved, it will be the responsibility of the employees involved to report for duty in accordance with the approved revision,
(f) if there is a difference in the length of the shifts being exchanged, NAV CANADA will only consider the original scheduled shift length when balancing the hours of work,
(g) balancing of hours resulting from shift exchanges will be a private matter between individuals.

(2) An employee may exchange his/her own scheduled shift with a prior vacant shift on the schedule in accordance with all of the following rules:
(a) the provisions of clause 16.04(e)(1) or clause 20.04 are not violated;
(b) the employee shall make every reasonable effort to provide a minimum of twenty-four (24) hours' advance notice of the change;
(c) the shift change receives the approval of NAV CANADA, which shall not be unreasonably withheld;
(d) it will not require any additional payment of overtime or time off in lieu;
(e) there is no negative operational impact;
(f) the day of rest must be worked prior to taking the balancing shift off;
(g) the employee requesting a shift exchange shall be responsible for arranging the replacement for their vacated shift if management determines it is required;
(h) the exchange must be completed on the current published schedule(s);
NOTE: At the sole discretion of NAV CANADA, the exchange set out above in Art. 16.05(2) may also be approved in cases where the prior shift on the schedule is not a "vacant" shift.

16.06 Change in Employee Status
(a) It is understood that certain employees may be required to change from an operating employee to a non-operating employee for varying periods of time. Subject to clause 16.03(e)2(iii) no change in such an employee's status will be made unless the requirement to change is consistent for thirty (30) consecutive calendar days or more. Advance notice of such requirement which will involve a change in the employee's status should be no less than fifteen (15) calendar days prior to the earliest date that the changed circumstances may commence. If notice of the change is less than fifteen (15) calendar days, the employee shall be paid a premium of four (4) hours' pay at the straight-time hourly rate for each shift or day worked during the period of the change for which he or she had not received fifteen (15) calendar days' notice. Such notice shall not be required nor is the premium payable when the employee concerned is promoted or is acting in a higher level position or the change is in response to the employee's request.
This clause does not apply to an Air Traffic Controller-in-Training prior to the completion of his or her ab-initio training at NCTI.
(b) This clause shall apply to non-operating employees training for operating positions. When undertaking initial classroom/simulation training, the status of these controllers will be non-operational for all purposes. Once these controllers begin on-job training, their status will change to operational for all purposes except that their rate of pay and ATC Premium shall remain unchanged. Notwithstanding any returns to classroom/simulation training thereafter, these controllers will not be subject to additional status changes while undertaking this training. If unsuccessful in training and re-assigned elsewhere, the controller's status shall become that which is appropriate to the new position.

Non-Operating Employees
16.08 Hours of Work
(a) Thirty-seven and one-half (37 1/2) hours exclusive of lunch periods shall constitute the normal workweek for non-operating employees.
Hours of work and overtime for non-operating employees will be averaged over a 56-day period.
The normal regular hours of work shall consist of 7.5 hour shifts on each of Monday through Friday between the hours of 0700 and 1800 (or between 0700 and 2400 for instructors) with no split shifts . All other hours are overtime, subject to the following exception:
(i) Non-operating employees required to work outside their normal place of work may be scheduled to work outside the regular day-shift hours (0700 to 1800). Such hours shall be assigned equitably among employees at the location qualified to perform the work. When a regular shift is scheduled in whole or in part outside these regular day-shift hours, the employee shall be awarded time off in lieu in a ratio of one shift for every 5 shifts so scheduled. Such banked time off will be governed by the same rules applying to time off in lieu of overtime (Art. 20). Employees subject to this clause (i) shall have the benefit of the short notice shift change provisions as set out in Art. 16.04(c).
(ii) Solely upon a written request initiated by an employee, and with the concurrence of management and the local union representative, the employee’s regular shift start time may be changed to a fixed time falling between the hours of 0530 and 0659. Agreement to this effect shall be reduced to writing and subject to cancellation by any party upon thirty (30) days' notice.

(b) Attendance Registers
Non-operating employees will submit weekly attendance registration only to report leave or overtime.

(c) Compressed Work Week
Between June 15th and September 15th of each year, management may authorize each non-operating employee to vary the normal schedule of daily and weekly hours to be worked over each four week period provided that in doing so the employee works an average of 37 ½ hours per week over each four week period and provided that the maximum number of straight time hours scheduled on any given workday will not exceed 8 hours and 20 minutes. Authorization of such schedules will not be unreasonably withheld. The employee and the employee’s manager will make every reasonable effort to reach agreement on the appropriate number of days and hours of work and rest. Should the parties not reach agreement, the compressed work week will not be implemented.
It is understood that management may require an employee to work during "earned time off" in exchange for other time off during the June 15 to September 15 period, on the understanding that such an exchange will not result in additional overtime payment.

An employee may request to exchange "earned time off" for other time during the June 15 to September 15 period on the understanding that such an exchange will not result in additional overtime.

All "earned time off" must be used between June 15 and September 15 of the year they were earned.

Where an employee on a compressed work week schedule enjoys a statutory holiday, the additional minutes of work (up to fifty (50)) owing on that day shall be subject to recovery by whatever mutually agreed upon method the employee and manager deem appropriate. Where such agreement is not achieved, the matter will be escalated to the Union and the Company at the national level.

For employees working in the training environment, the compressed work week may be approved only if it does not lengthen training time for trainees. For example, but not limited to the following, the compressed work week may be used when there is no training taking place or when there are sufficient instructors available to provide the required training.

16.09 Instructor Teaching Hours
Instructors will not be required to provide formal instruction (be formally in contact with the students in a classroom, laboratory, or simulator environment) to students in excess of an average of twenty-five (25) hours per week over a twelve (12) month period. Such hours are part of the hours of work set out in clauses 16.01 and 16.08.

Level	Full-Time Employees
ATC 00	No increments
ATC 1 to ATC 7 (inclusive)	52 weeks
AI-1 to AI-7 (inclusive)	52 weeks

18.01
A supervisory differential as established in Appendix “D”, shall be paid to employees in the bargaining unit who encumber positions which receive a supervisory rating under the classification standard and who perform supervisory duties.
Effective March 31, 2006, this supervisory differential shall continue only for those employees who at that time are receiving the supervisory differential and who are in receipt of salary protection. If and when they move into the new classification system, their entitlement to the supervisory differential shall cease.

19.01 In addition to all other entitlements the employee may be eligible to receive, each operating employee employed in an Area Control Centre or a Control Tower shall be paid a premium for each calendar month in which the employee has earned at least ten (10) days’ pay while subject to this clause, based on the formula
Annual Operational Facility Premium as specified in Appendix B to this agreement for the facility in which the employee is employed, divided by twelve (12).

NOTE:
An employee undergoing training (ab initio) will not be entitled to the Operational Facility Premium (OFP) until qualified (initial checkout) at his or her first location. On check-out at that location, the employee shall be entitled to the OFP of that location.
Any other employee who is entitled to OFP at a location and who moves to another location for the purposes of training will retain the OFP for his or her originating location until qualification (checkout) at his or her new location, at which time he or she will be entitled to the OFP corresponding to the new location.
Such premium shall not constitute a part of rates of pay for the purposes of this agreement.

19.02 Operating employees in an ATC facility that comes into operation during the life of this agreement shall be paid an annual premium in an amount mutually agreed to by the parties.
Such amount will be paid on an interim basis pending the assignment of that facility to Appendix B.

EFFECTIVE MARCH 31, 2006, OFP shall continue only for those employees who are in receipt of salary protection on that date. If and when they move into the new classification system, their entitlement to OFP shall cease and they will receive the appropriate ATC premium.

ATC PREMIUM
(Becomes effective on March 31st 2006)

19.01 In addition to all other entitlements the employee may be eligible to receive, each employee shall be paid a premium for each calendar month in which the employee has earned at least ten (10) days’ pay, based on the formula
Annual ATC Premium as specified in Appendix B to this agreement for the facility in which the employee is employed, divided by twelve (12).
NOTE:
An employee undergoing training (ab initio) will not be entitled to the ATC Premium until qualified (initial checkout) at his or her first location. On check-out at that location, the employee shall be entitled to the ATC Premium of that location.
Any other employee who is entitled to an ATC Premium at a location and who moves to another location for the purposes of operational training will retain the ATC Premium for his or her originating location until qualification (checkout) at his or her new location, at which time he or she will be entitled to the ATC Premium corresponding to the new location.
Any employee who accepts a non operational or DSC position shall transition to the ATC Premium corresponding to that new position upon reporting to the new position.
Such premium shall not constitute a part of rates of pay for the purposes of this agreement.

19.02 Employees in a facility that comes into operation during the life of this agreement shall be paid an annual premium in an amount mutually agreed to by the parties.
Such amount will be paid on an interim basis pending the assignment of that facility to Appendix B.

20.01 Time worked by an employee in excess or outside of his or her scheduled hours of work shall be considered as overtime.
20.02 (a) All employees shall be paid for overtime worked by them at two (2) times their straight-time hourly rate.
Employees are entitled to overtime compensation for each completed fifteen (15) minute period of overtime worked by the employee.
Employees at their request, shall be granted time off in lieu of overtime at the appropriate overtime rate. The employee and his or her supervisor shall attempt to reach mutual agreement with respect to the time at which the employee shall take such lieu time off. However, failing such agreement, such lieu time will be accumulated.
Where an employee requests time off in lieu of overtime, the employee must indicate this to his or her supervisor prior to the end of the month in which the overtime occurred.
Employees who have accumulated time off in lieu of overtime shall, upon request, be paid out any portion of this accumulated time off in lieu. Where an employee has not utilized accumulated time off in lieu of overtime by the end of the vacation year, the unused portion will be paid off at the appropriate overtime rate.
(b) Except as provided in clause 20.02(a) NAV CANADA will endeavour to make cash payment for overtime in the month following the month in which the overtime was worked.
(c) Where an employee works in excess of the regularly scheduled hours of work on a day that is a holiday, the employee shall be paid at two (2) times his or her straight-time hourly rate for all hours worked in excess of his or her regularly scheduled hours.
(d) When an employee works overtime on a day of rest and where such overtime assignment does not commence and end on the same day, such assignment shall be considered for all purposes to have been entirely worked:
(i) on the day it commenced where half or more of the hours worked fall on that day, or
(ii) on the day it terminates where more than half of the hours worked fall on that day.

20.03 NAV CANADA will endeavour to keep overtime work to a minimum and shall assign overtime equitably among employees who are qualified to perform the work that is required at the location concerned.

20.04 Except in an emergency, no operating employee shall work more than twelve (12) consecutive hours or more than nine (9) consecutive days.

21.01 Entitlement
When an employee is called in to work overtime that is not contiguous to the employee’s scheduled shift, the employee is entitled to the greater of:
(a) compensation at the applicable overtime rate,
or
(b) compensation equivalent to four (4) hours’ pay at his or her straight-time hourly rate.

22.01 Employees will receive a shift premium of nine dollars ($9.00) for each shift worked between the hours of 1600 and 2300 and a shift premium of sixteen dollars ($16.00) for each shift worked between the hours of 2300 and 0800.

22.02 An employee who works four (4) or more hours during the periods specified above shall be paid the shift premium. If an employee works a shift where both premiums could apply only the higher premium shall be paid.

22.03 Effective April 1, 2010, employees will receive an additional premium of $1.25 per hour (pro-rated for partial hours) for every regular non-overtime hour worked on Saturday or Sunday.

23.01 Method of Travel
Where an employee is required by NAV CANADA to travel to or from the employee’s headquarters area as normally defined by NAV CANADA, the employee’s method of travel shall be determined by NAV CANADA. However, if an employee wishes to use a different method, the employee’s wish will not be arbitrarily refused provided that the method chosen is consistent with the purpose of the travel and does not entail additional costs.

23.02 Compensation
When required to travel, the employee will be compensated in the following manner:
(a) On a normal working day on which he or she works and/or travels, the employee shall be paid:
(i) his or her regular pay for the day for a combined period of work and/or travel; and
(ii) at the applicable overtime rate for additional travel time in excess of the employee’s regularly scheduled hours of work, with a maximum payment for such additional travel time not to exceed eight (8) hours’ pay at the applicable overtime rate in any day.
(b) On a day of rest or on a general holiday, the employee shall be paid at the applicable overtime rate for hours travelled, to a maximum of sixteen (16) hours’ pay at the applicable overtime rate;
(c) Operating employees who travel on a general holiday which is a scheduled working day shall be paid at one and one half (1 ½) times their regular straight time rate of pay for the first 8 hours and 28 minutes in accordance with 28.04. Any additional travel time shall be paid in accordance with 23.02(a)(ii).

23.03 Conditions
When an employee is required by NAV CANADA to travel to or from the employee’s headquarters area as normally defined by NAV CANADA, the employee may in accordance with paragraph 23.01 above:
(a) Elect to travel via scheduled air carrier at the most economical air fare or its equivalent; or
(b) Be requested by NAV CANADA, or elect to use privately-owned transportation and be reimbursed at NAV CANADA requested rate in NAV CANADA’s Travel Directive.
(c) When the employee elects under paragraph (b) above to use privately-owned transportation, the employee shall be paid at the applicable rate for the time normally required to travel portal to portal by air carrier.
(d) Employees traveling to or from Ottawa or the NAV CANADA Training Institute for temporary assignments in excess of five (5) days, whose headquarters area is in Newfoundland or the Pacific or Western Region, who elect to use privately-owned transportation under paragraph (b) above shall be allowed an additional day in which to travel and shall receive normal pay for that day. An employee travelling to or from Ottawa or the NAV CANADA Training Institute for temporary assignments in excess of five (5) days, whose headquarters is in the Pacific Region will be allowed a day with pay in addition to the day noted immediately above.
(e) An employee who elects to use privately-owned transportation under paragraph (b) above shall be reimbursed at the rate shown in NAV CANADA’s Travel Directive, or an amount equal to the most economical air fare including the normal airport limousine fares, whichever is the least, in lieu of travel expenses. For the purposes of travel to NCTI, the equivalent value for limousine fares from Ottawa or Montreal airports shall be fifty dollars ($50.00) each way.

23.04 Alternative to Weekend Meals at NCTI - DSCs
(a) Data Systems Coordinators undergoing training and who remain in residence at NCTI, for a course greater than three weeks in duration or for consecutive and contiguous courses cumulatively greater than three weeks in duration, may elect to receive the meal allowances provided for in the NCJC Travel guidelines in lieu of meals at NCTI for each weekend beginning with the third weekend.
The allowance will include all meals from the evening meal on Friday up to and including the noon meal on Sunday.
(b) DSCs wishing to opt for this allowance will be required to advise the NCTI Registration Desk of their intentions not later than 5:00 p.m. of each Thursday that they are eligible and intend to exercise that option.
(c) For greater clarity, the allowance is not payable for the first or second weekends of a stay.

23.05 Hotel Directory
When an employee requires hotel accommodation, the employee will select a hotel that has been approved and is listed in the NAV CANADA Hotel Directory. He or she will choose accommodation which his or her supervisor agrees is convenient for the purposes of the travel and which does not require unnecessary related transportation costs. Where the work site is an airport, transportation costs between the airport and the hotel which do not exceed the official airport limousine fares shall not be deemed to be unnecessary related transportation costs.

23.06 Application of Travel Program
Except as may be modified in this agreement, employees shall be reimbursed for all travel expenses in accordance with the current NAV CANADA Travel Program.

24.01 An employee shall earn sick leave credits at the rate of ten decimal five nine (10.59) hours for each calendar month for which that employee receives pay for at least ten (10) days.

24.02 An employee is eligible for sick leave with pay when the employee is unable to perform his or her duties because of illness or injury provided that:
(a) the employee has the necessary sick leave credits,
and
(b) the employee satisfies NAV CANADA of this condition in such manner and at such time as may be determined by NAV CANADA.

24.03 Unless otherwise informed by NAV CANADA before or during the period of illness or injury that a certificate from a qualified medical practitioner, licensed chiropractor, dentist, dental surgeon or orthodontist will be required, a statement signed by the employee stating that because of this illness or injury the employee was unable to perform his or her duties shall, when delivered to NAV CANADA, be considered as meeting the requirements of clause 24.02(b):
(a) if the period of leave requested does not exceed five (5) days,
and
(b) if in the period from April 01 to date, the employee has not been granted more than ten (10) days’ sick leave wholly on the basis of statements signed by the employee.

24.05 Where the employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of 24.02, sick leave with pay may, at the discretion of NAV CANADA, be granted for a period of up to one hundred and twenty-seven decimal zero five (127.05) hours subject to the deduction of such advanced leave from any sick leave credits subsequently earned.
24.06 The amount of sick leave with pay already credited to an employee by NAV CANADA at the time this agreement is signed shall be retained by the employee.
24.07 NAV CANADA agrees that in the event of an employer initiated release for incapacity by reason of ill health, an employee may exhaust any remaining accumulated sick leave credits prior to his or her release.
24.08 Employees who retire after twenty (20) years of completed service shall have their unused sick leave credits paid off at a rate of fifty percent (50%) of the employee’s final rate of pay in effect at the time of retirement.

25.01 Subject to clause 25.02 when an employee is injured in the performance of his or her duties, NAV CANADA shall grant the employee paid leave for such reasonable period as may be determined by NAV CANADA provided that:
(a) a claim has been filed with the appropriate worker’s compensation authority;
(b) NAV CANADA has been notified by that worker’s compensation authority that the employee’s claim has been granted;
(c) the employee agrees to remit to NAV CANADA any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease, providing, however, that such amount does not stem from a personal liability policy for which the employee or the employee’s agent has paid the premium.

25.02 Paid injury on duty leave shall not be granted in any province where it is prohibited by provincial legislation, nor for any period of time or in any amount which would limit compensation payments under any provincial workers’ compensation legislation.

26.01 General Provisions for Leave Request
In respect of any requests for leave under this Article, the employee, when required by NAV CANADA, must provide satisfactory validation of the circumstances necessitating such requests, in such manner and at such time as may be determined by NAV CANADA and confirmed in writing.

26.02 Bereavement Leave with Pay
For the purpose of this clause, immediate family is defined as father, mother, foster parent, grandmother, grandfather, brother, sister, spouse (including common-law spouse resident with the employee), child (including child of common-law spouse), ward of the employee, grandchild, father-in-law, mother-in-law, step relatives and relative(s) permanently residing in the employee’s household or with whom the employee permanently resides.
(a) When a member of the employee’s immediate family dies, an employee shall be entitled to a bereavement period of four (4) consecutive calendar days which includes the day of the funeral. During such period, the employee shall be paid for those days which are not regularly scheduled days of rest for that employee. When circumstances dictate, the period may be split into three consecutive calendar days and a fourth day deferred to a later date to allow an employee to attend an interment service. In addition, the employee may be granted up to a total of three (3) days’ leave with pay for the purpose of travel related to the death.
(b) An employee is entitled up to one (1) day’s bereavement leave with pay for the purpose related to the death of the employee’s, son-in-law, daughter-in-law, brother-in-law or sister-in-law.
(c) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, NAV CANADA may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in clause 26.02(a) and (b).

26.03 Maternity Leave Without Pay
Entitlement
(a) Subject to the medical licensing requirements for air traffic controllers, an employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than twenty-six (26) weeks after the termination date of pregnancy.
(b) NAV CANADA may require an employee to submit a medical certificate certifying pregnancy.
(c) An employee who has not commenced maternity leave without pay may elect to use earned vacation leave, lieu days and compensatory leave credits up to and beyond the date that her pregnancy terminates.
(d) An employee shall inform NAV CANADA in writing of her plans for taking leave with and without pay to cover her absence from work due to her pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur.
(e) Leave granted under this clause shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall be counted for pay increment purposes.
Return to Work
(f) After completion of six (6) months’ continuous employment, an employee who agrees to return to work for a period of at least six (6) months and who provides NAV CANADA with proof that she has applied for and is eligible to receive Employment Insurance benefits, shall be paid a maternity leave allowance in accordance with the Supplementary Employment Benefit Plan (SEB).
(g) An applicant under clause 26.03(f) shall sign an agreement with NAV CANADA, providing:
(i) that she will return to work and work for a period of at least six (6) months less any period in respect of which she is granted leave with pay.
(ii) that she will return to work on the date of the expiry of her maternity leave, unless this date is modified with NAV CANADA’s consent.

(h) Should the employee fail to return to work as per the provisions of clause 26.03(g)(i) and (ii) for reasons other than death or lay-off, the employee recognizes that she is indebted to NAV CANADA for the amount received as maternity leave allowance.

Supplementary Employment Benefit Plan
(i) In respect of the period of maternity leave, maternity leave allowance payments made according to the Supplementary Employment Benefit Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance maternity benefits, an allowance of ninety-three per cent (93%) of her weekly rate of pay for this two (2) week waiting period less any other monies earned during this period, and
(ii) up to a maximum of fifteen (15) additional weeks’ payment equivalent to the difference between the EI benefits the employee is eligible to receive and ninety-three percent (93%) of her weekly rate of pay less any other monies earned during the period which may result in a decrease in EI benefits to which the employee would have been eligible if no extra monies had been earned during this period.
(iii) for a full-time employee, the weekly rate of pay referred to in this clause shall be the weekly rate of pay for her substantive position on the day immediately preceding the commencement of the maternity leave, and
(iv) where an employee becomes eligible for an annual increment or an economic adjustment during the benefit period, payments under this clause shall be adjusted accordingly.

Medical Fitness
(j) In the event that an employee is assessed medically unfit due to pregnancy, prior to the termination of her pregnancy, NAV CANADA will give every reasonable consideration to assigning non-operational duties to that employee for which she is qualified.

26.04 Leave Related to Birth or Adoption
NAV CANADA shall grant to an employee one (1) day’s leave with pay for needs directly related to the birth or to the adoption of the employee’s child. This leave may be divided into two (2) periods and granted on separate days.

26.05 Marriage Leave
After the completion of one (1) year’s continuous employment in NAV CANADA, an employee who gives NAV CANADA at least twenty (20) days’ notice, shall be granted marriage leave with pay of not more than two (2) days, for the purpose of getting married.

26.06 Leave for Other Reasons
At the discretion of NAV CANADA, leave with pay may be granted when circumstances not directly attributable to the employee, including illness in the immediate family, as defined in clause 26.02, prevent the employee’s reporting for duty. Such leave shall not be unreasonably withheld.

26.07 Other Leave Without Pay
NAV CANADA may grant leave without pay for any purpose.

26.08 Court Leave With Pay
(1) Leave with pay shall be given to every employee, other than an employee already on leave without pay, on education leave, or under suspension who is required:
(a) to be available for jury selection;
(b) to serve on a jury;
or
(c) by subpoena or summons to attend as a witness in any proceeding held:
(i) in or under the authority of a court of justice or before a grand jury;
(ii) before a court, judge, justice, magistrate or coroner;
(iii) before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of his or her position;
(iv) before a legislative council, legislative assembly or house of assembly, or national assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it;
or
(v) before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.
(2) Employees on a day of rest shall receive compensation at the straight time rate for attending subpoenaed inquiries related to an employee's work duties, less any witness fees received. If subpoenaed by the Employer, employees will be compensated in accordance with the overtime article. Employees on a day of rest shall not be entitled to compensation when subpoenaed by the Union.
(3) Operational employees who are required to serve on juries will not be scheduled to work on weekends that fall before or after a full week (Monday to Friday inclusive) in which the employee serves on jury duty.

26.09 Leave without Pay for the Care and Nurturing of Pre-School Age Children
An employee shall be granted leave without pay for the care and nurturing of the employee’s pre-school age children (including the children of the employee’s spouse) in accordance with the following conditions:
(a) an employee shall notify NAV CANADA in writing ten (10) weeks in advance of the commencement date of such leave, unless because of an urgent or unforeseeable circumstance such notice cannot be given;
(b) leave granted under this clause shall be for a minimum period of nine (9) weeks;
(c) the total leave granted under this clause shall not exceed five (5) years during an employee’s total period of employment in NAV CANADA / the Public Service;
(d) leave granted under this clause for a period of more than twelve (12) months shall be deducted from the calculation of “continuous employment” for the purpose of calculating severance pay and vacation leave;
(e) time spent on such leave shall not be counted for pay increment purposes.

26.10 Parental Leave Without Pay
(a) An employee who intends to request parental leave shall notify NAV CANADA at least fifteen (15) weeks in advance of the expected date of the birth or adoption of the employee’s child.
(b) An employee may request parental leave without pay at least four (4) weeks prior to the commencement of the leave or adoption and subject to sections (c) and (d) of this clause, shall be granted parental leave without pay for a period of up to thirty-seven (37) weeks beginning on the date the leave commences and ending not later than fifty-two (52) weeks after the date of childbirth or adoption.
(c) NAV CANADA may:
(i) defer the commencement of parental leave without pay at the request of an employee;
(ii) require an employee to submit a birth certificate or adoption record of the child.
(d) Parental leave without pay utilized by an employee-couple in conjunction with the birth or adoption of one child shall not exceed a total of thirty-seven (37) weeks for both employees combined.
(e) Leave granted under this clause shall be counted for the purpose of calculating severance pay and vacation leave entitlements. Time spent on such leave shall be counted for pay increment purposes.

26.11 Leave with pay for selection process
An employee who participates as a candidate in a personnel selection process for a position in NAV CANADA shall suffer no loss of normal pay for the period during which the employee's presence is required for purposes of the selection process, and for such further period as NAV CANADA considers reasonable for the employee to travel to and from the place where his or her presence is so required. Should all or any portion of the aforementioned period occur on the employee's regularly scheduled day of rest, such time will be added to the employee's accumulated bank of "time off in lieu of overtime" (Art. 20.02) at the straight-time rate in effect at that time, up to a maximum of the employee’s normal scheduled daily hours of work.

27.01 Operating Employees
An operating employee who has earned at least ten (10) days’ pay for each calendar month of a vacation year shall earn vacation leave at the following rates:

(a) one hundred and twenty seven decimal zero five (127.05) hours per vacation year if the employee has completed less than eight (8) years of continuous employment;

(b) one hundred and sixty nine decimal four (169.4) hours per vacation year if the employee has completed eight (8) years of continuous employment;

(c) one hundred and eighty-six decimal thirty-four (186.34) hours per vacation year if the employee has completed sixteen (16) years of continuous employment;

(d) one hundred and ninety-four decimal eighty-one (194.81) hours per vacation year if the employee has completed seventeen (17) years of continuous employment;

(e) two hundred and eleven decimal seventy-five (211.75) hours per vacation year if the employee has completed eighteen (18) years of continuous employment;

(f) two hundred and twenty-eight decimal sixty-nine (228.69) hours per vacation year if the employee has completed twenty-seven (27) years of continuous employment;

(g) two hundred and fifty-four decimal ten (254.10) hours per vacation year if the employee has completed twenty-eight (28) years of continuous employment

27.02 Non Operating Employees
A non-operating employee who has earned at least ten (10) days’ pay for each calendar month of a vacation year shall earn vacation leave at the following rates:

(a) one hundred and twelve decimal five (112.5) hours per vacation year if the employee has completed less than eight (8) years of continuous employment;

(b) one hundred and fifty (150) hours per vacation year if the employee has completed eight (8) years of continuous employment;

(c) one hundred and sixty-five (165) hours per vacation year if the employee has completed sixteen (16) years of continuous employment;

(d) one hundred and seventy-two decimal five (172.5) hours per vacation year if the employee has completed seventeen (17) years of continuous employment;

(e) one hundred and eighty-seven decimal five (187.5) hours per vacation year if the employee has completed eighteen (18) years of continuous employment;

(f) two hundred and two decimal five (202.5) hours per vacation year if the employee has completed twenty-seven (27) years of continuous employment;

(g) two hundred and twenty-five (225) hours per vacation year if the employee has completed twenty-eight (28) years of continuous employment.

27.03 An employee who has not received at least ten (10) days' pay for each calendar month of a vacation year will earn vacation leave at one-twelfth (1/12) of the rate referred to in clauses 27.01 and 27.02 for each calendar month for which he or she receives at least ten (10) days' pay.

27.04 An employee is entitled to utilize earned vacation leave with pay during his or her first six (6) months of continuous employment, subject to training and other operational requirements.

27.05 Subject to operational requirements NAV CANADA shall make every reasonable effort to schedule an employee's vacation leave during the vacation year it is earned. Where in any vacation year NAV CANADA has not scheduled all of the vacation leave credited to an employee, the unused portion of the employee's vacation leave shall be carried over into the following vacation year.

27.06 Employees shall take vacation leave on the basis of the schedule being worked.

27.07 (a) The vacation year extends from April 1 to March 31 and vacation may be scheduled by NAV CANADA at any time during this period.

(b) Local representatives of the Union shall be given the opportunity to consult with representatives of NAV CANADA on vacation schedules. Consistent with efficient operating requirements NAV CANADA shall make every reasonable effort to schedule vacations in a manner acceptable to employees.

(c) It is agreed by the parties, in accordance with the intent of Article 27 that it is both appropriate and desirable that each employee utilize his or her full vacation entitlement during the vacation year in which such vacation entitlement is earned. However, an employee may elect, for vacation periods scheduled to be taken after October 1, to carry forward into the next vacation year unused vacation up to a maximum of ten (10) working days subject to the following conditions:
(i) that any vacation period carried forward from the previous vacation year and utilized by any employee does not disrupt vacation schedules in the current vacation year nor prevent another employee from taking his or her regularly scheduled vacation for that year;
(ii) that the days which are carried over from the previous vacation year are taken at a time which is acceptable to both NAV CANADA and the employee;
(iii) that an employee's vacation earned in the vacation year will be utilized before days carried forward from the previous vacation year;
(iv) that in cases where vacation credits from the previous vacation year have not been fully utilized by the end of the next vacation year any outstanding carry-over vacation credits will be paid off at the employee's straight-time rate of pay in effect at that time. This provision does not apply to vacation leave accumulated prior to April 1, 1976.

(d) Non-operational employees may elect to carry forward unused vacation up to a maximum of ten (10) working days into the next vacation year on the same principles in the existing 27.07(a) and (b) and (c)(i)(ii) and (iv) but not including the last sentence of (c)(iv).

27.08 Where, in respect of any period of vacation leave, an employee is granted bereavement leave, the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee and approved by NAV CANADA, or reinstated for use at a later date.

27.09 Where an employee dies or otherwise terminates his or her employment after a period of continuous employment of not more than six (6) months, the employee or the employee's estate shall be paid an amount equal to the earned but unused vacation leave.

27.10 Subject to 27.11, where an employee dies or voluntarily terminates his or her employment or is terminated from employment after a period of continuous employment of more than six (6) months, the employee or the employee's estate shall, in lieu of earned but unused vacation leave, be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave and (furlough leave) by the straight-time rate of pay applicable to the employee immediately prior to the termination of the employee's employment.

27.11 An employee whose employment is terminated by reason of a declaration that the employee abandoned his or her position is not entitled to receive the payment referred to in 27.10, unless the employee requests it within six (6) months following the date upon which the employee's employment is terminated.

27.12 Recall from Vacation Leave
Where, during any period of vacation leave, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by NAV CANADA, that he or she incurs:
(a) in proceeding to the employee's place of duty,
and
(b) in returning to the place from which the employee was recalled if he or she immediately resumes vacation upon completing the assignment for which he or she was recalled, after submitting such accounts as are normally required by NAV CANADA.

27.13 The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under clause 27.12 to be reimbursed for reasonable expenses incurred by him or her.

27.14 (a) NAV CANADA agrees to issue advance payments of net salary for vacation periods, provided six (6) weeks' notice is received from the employee in advance of the day payment is required.
(b) Provided an employee has been authorized to proceed on vacation for the period concerned, advance payment of net salary shall be made prior to departure and shall consist of an estimated two (2), three (3), four (4) or five (5) weeks' net entitlement subsequent to the last regular pay issue.
Any overpayment in respect of such advance shall be an immediate first charge against any subsequent pay entitlement and shall be recovered in full prior to any further payment of salary.

28.01 Designated Holidays
The following days shall be designated holidays for employees:
(a) New Year’s Day;
(b) Good Friday;
(c) Easter Monday;
(d) The day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s Birthday;
(e) July 01;
(f) Labour Day;
(g) The day fixed by proclamation of the Governor in Council as a general day of Thanksgiving;
(h) Remembrance Day;
(i) Christmas Day;
(j) Boxing Day;
(k) One additional day in each year that, in the opinion of NAV CANADA, is recognized to be a provincial or civic holiday in the area in which the employee is employed, or in any area where no such day is so recognized, the first Monday in August;
(l) Any other day that is proclaimed by law as a national holiday.

28.02 Holiday on Day of Rest
For non-operating employees, when a day designated as a holiday under 28.01 coincides with an employee’s day of rest, the holiday shall be moved to the employee’s first scheduled working day following his or her day of rest.

28.03 Work on Holiday (Non-Operating Employees)
When a non-operating employee works on a holiday the employee shall be paid, in addition to the pay he or she would have received had he or she not worked on the holiday, one and one-half (1 1/2) times his or her straight-time hourly rate for all regularly scheduled hours worked by him or her on the holiday.
An employee at his or her request, shall be granted time off in lieu of cash payment at that rate. The employee and his or her supervisor shall attempt to reach mutual agreement with respect to the time at which the employee shall take such lieu time off. However, failing such agreement, such lieu time will be accumulated.
Where an employee requests time off in lieu of cash payment he or she must indicate this to his or her supervisor prior to the end of the month in which he or she worked on the holiday.
Effective March 31st, 2007, where an employee has not utilized this accumulated time off by the end of the vacation year, the unused portion will be paid off at the straight time rate in effect at that time.

28.04 Work on Holiday (Operating Employees)
Where an operating employee works on a holiday the employee shall be paid at one and one-half (1 1/2) times his or her straight-time hourly rate for all regularly scheduled hours worked by the employee on the holiday.

28.05 Lieu Leave (Operating Employees)

For operating employees,
(a) (i) On September 1st, 1999 an employee shall be credited with an additional one point three (1.3) hours of lieu leave. (This is in addition to the hours that have been granted as of April 1, 1999.)
(ii) On April 1st of each year thereafter, an employee shall be credited with ninety three point one seven (93.17) hours of lieu leave.
(b) Lieu leave may be scheduled as an extension to vacation leave or as occasional leave and shall be charged against the lieu leave credits on an hour-for-hour basis.
(c) Consistent with operational requirements and subject to adequate notice, NAV CANADA shall make every reasonable effort to schedule lieu leave at times desired by the employee.
(d) Where in any vacation year an employee has not utilized all of the lieu leave credited to him or her, the employee may elect to carry forward into the next vacation year the unused portion of his or her lieu leave.
(e) Lieu leave earned in the vacation year will be utilized before lieu leave carried forward from the previous vacation year.
(f) At the employee’s option, any lieu leave which cannot be liquidated by the end of the vacation year in which it is earned will be paid off at the employee’s straight-time rate of pay in effect at that time. Unused lieu leave will be carried over into the following vacation year excepting only where the employee requests in writing that it be paid out, subject to clause (g) below.
(g) In cases where lieu leave from the previous vacation year has not been fully utilized by the end of the current vacation year, any outstanding carry-over lieu leave credits will be paid off at the employee’s straight-time rate of pay in effect at that time. However, any lieu days accumulated prior to June 1, 1982 will continue to be carried over to the following vacation year, unless and until the employee requests that they be paid off in accordance with the foregoing sentence.
(h) Any leave granted under the provisions of this clause in advance of holidays occurring after the date of an employee’s separation or after he or she becomes subject to clause 16.08 shall be subject to recovery of pay.
(i) Where an employee has received authorization for a period of leave of absence without pay of at least 365 days, he or she will not be credited with lieu leave as identified in Clause (a) (ii) above while on such leave. In such a circumstance, upon his or her return, the employee will receive lieu credits for those designated holidays (Article 28.01) remaining during that vacation year, at the rate of 8.47 hours per holiday. If the employee is on an authorized leave of absence without pay for a period of less than 365 days they will be credited with lieu leave as if they had been at work.
(j) Controllers who become operational at some point after April 1st will receive lieu leave credits equivalent to the number of designated holidays that remain in that vacation year (at the rate of 8.47 hours per holiday).

28.06 Absence on Qualifying Days
(a) An employee who is absent without pay on both the working day immediately preceding and the working day following the holiday shall not be paid for the holiday.
(b) An employee who is absent without permission and who is not on sick or special leave on a designated holiday, on which he or she is scheduled to work, shall not be entitled to be paid for the holiday.

Originating FIR	Category 1 & 4 Controller Destinations	Category 3 & 5 Controller Destinations
Vancouver	Anchorage, Seattle, Oakland, San Francisco IFR Units	Seattle, Portland, San Francisco, Oakland, and Anchorage Towers Honolulu Tower – Vancouver Tower only.
Edmonton	Seattle, Salt Lake City, Anchorage IFR Units	Seattle, Portland, Salt Lake City, and Anchorage Towers
Winnipeg	Salt Lake City, Minneapolis, Chicago IFR Units	Salt Lake City, Minneapolis, and Chicago Towers
Toronto	Chicago, Cleveland, Detroit, New York, Boston IFR Units	Chicago, Detroit, Cleveland, New York, and Boston Towers
Montreal	Cleveland, Detroit, New York, Boston IFR Units	Detroit, Cleveland, New York, and Boston Towers
Moncton	Boston, New York IFR Units	Boston and New York Towers
Gander	Boston, New York IFR Units	Boston and New York Towers

 

Long Range Flight Units
Honolulu
London
Paris
Frankfurt
Amsterdam

Domestic Flight
A flight to a unit located in Canada or the U.S.A.

Long Range Flight
A flight to a unit located outside North America and contained in the definition of Long Range Flight Units.

29.03 (a) NAV CANADA shall provide familiarization flights to all employees having three (3) or more years’ service as a licensed air traffic controller who are listed in Appendix C to this agreement except those employees who are in receipt of Short or Long Term Disability benefits.

(b) Eligible employees will be entitled to one (1) return flight involving not more than three (3) days’ absence from their normal place of duty during each Flight/Visit Period. Controllers from the Gander Area Control Centre shall be entitled to four (4) days’ absence if visiting both London and Prestwick in accordance with (c) below. Employees will be considered as being on duty for each of the days scheduled as part of the flight/visit, but these days are not required to be consecutive.

(c) Where the employee is entitled to a Long Range Flight one may be selected every six years {two (2) Flight/Visit periods} and will normally be alternated with a Domestic Flight. Controllers from the Gander Area Control Centre will be allowed to continue the practice of visiting London and/or Prestwick control facilities as part of such a Long Range Flight.

(d) The destination chosen by the employee in accordance with this article shall normally be approved, except where NAV CANADA for operational reasons determines that a different destination is appropriate. Employees shall not normally be authorized to visit the same city on successive flight/visits.

(e) The scheduling of requested familiarization flights and the determination of the flight(s) upon which the employee will travel are the responsibility of NAV CANADA. Canadian Flag Carriers will normally be used.

29.04 (a) Travel costs associated with days the employee is on duty during a flight/visit will be paid for a maximum of two (2) nights and three (3) days in accordance with the NAV CANADA Joint Council Travel Directive. Controllers from the Gander Area Control Centre visiting London and Prestwick will be allowed expenses for three (3) nights and four (4) days.
(b) The most economical airfare will be selected. Seat sales or other discount flights may be selected at the discretion of NAV CANADA.
(c) The provisions of clause 20.01 do not apply to on-duty days described in clause 29.03(b).

29.05 If NAV CANADA requires an employee to become proficient in the use of a second language, language training will be paid for by NAV CANADA, and the employee shall not suffer loss of normal pay during such training.

30.01 Licencing Fees
(a) NAV CANADA shall reimburse an employee for his or her payment of fees incurred in obtaining and maintaining a Medical Certificate or its replacement, including but not limited to electrocardiograms, specialists’ results and X-Rays, provided the employee requires a Medical Certificate for the performance of his or her duties.
(b) Operational requirements permitting, an employee is protected against any loss of normal pay in order to undergo such examinations including reasonable expenses for necessary travel outside of the employee’s headquarters area.
(c) NAV CANADA shall reimburse an employee for his or her payment of fees incurred in obtaining and maintaining an Air Traffic Control licence or endorsement.

30.02 Continuation of Employment where Medical Lost
NAV CANADA shall continue past practice in giving all reasonable consideration to continued employment in NAV CANADA of a Controller who loses his or her licence for medical reasons.

30.03 Payment of Relocation Expenses for Alternate Employment with NAV CANADA
If a Controller who has lost his or her licence for medical reasons is offered alternate employment in NAV CANADA at another geographic location, NAV CANADA shall bear the cost of removal expenses in accordance with then current Company Regulations.

30.04 Delays in Receipt of Medical Certificate
Where there are delays, not attributable to the employee, in the receipt of a controller's Medical Certificate a controller will not suffer any loss of normal pay provided that the Controller:
(i) successfully undergoes all the required medical examinations for renewal of his or her Medical Certificate; and
(ii) produces proof to his or her supervisor prior to the first working day following the expiry date of his or her Medical Certificate that such examinations were successfully undertaken; and
(iii) notifies local management, in writing, between twenty-five (25) and fifteen (15) days prior to the expiration of his or her Medical Certificate extension of any delay in the receipt of his or her new Medical Certificate so that corrective action may be taken. In the event that the controller is on approved leave during the period above, he or she will normally provide this notification to local management prior to proceeding on such leave.
It is understood that notwithstanding the above, the Controller shall make every reasonable effort to secure the Medical Certificate.

30.05 Employees are required to immediately notify the Employer if they receive any information from Transport Canada, the Regional Aviation Medical Officer (RAMO) and/or a Civil Aviation Medical Examiner (CAME) that might restrict or effect their medical certificate or ability to control air traffic.

32.01 Principles Applicable to Staffing Provisions
The staffing provisions in this article apply to any new position within the bargaining unit and to any position within the bargaining unit that is vacant for a period in excess of nine (9) months. The following principles apply to the staffing process:
(a) NAV CANADA shall fill any vacant position where it intends or seeks to have the duties and responsibilities of that position performed by any employee who is a member of the bargaining unit;
(b) the staffing process to be used is limited to that provided for in the present collective agreement in the following order:
1. Priority Placement
2. National and/or Interim Bid Process
3. Deployment to a different location
4. Ab-initio placements subject to Article 32.27

Note that this order does not apply to Article 32.07

(c) where practical, staffing of positions shall be from within the bargaining unit; and
(d) subject to (c), any external hiring will be limited to entry level positions.

32.02 Determination of Position Requirements
NAV CANADA shall determine the position requirements for a position using reasonable selection standards, licensing requirements, medical requirements, security requirements, linguistic requirements, any bona fide occupational requirements and accreditation.

32.03 Temporary or Term Employee
(a) Any temporary or term employee who has completed one term of nine (9) months or more or two consecutive terms adding up to nine (9) months or more of service shall if he or she is to remain in the service of NAV CANADA be subject to the probationary period provided for in the present collective agreement. Upon completion of the probationary period, the employee’s seniority shall be retroactive to the last date of hire as a temporary employee. Consecutive terms shall include two (2) terms separated by a break in employment of one (1) month or less.

(b) Prior to filling a position or project with a temporary or term employee, NAV CANADA will notify the Union’s regional representative of the position or project the temporary or term employee is being placed into and the anticipated length of the appointment.

32.04 Deployment
The assignment of work and the movement of employees at the same level in a location shall be at the discretion of NAV CANADA. However, NAV CANADA may transfer an employee into a location for an assignment to a position at the same or lower level if such action does not create a position vacancy to be staffed under the present Article in the employee’s former location. In the case of transfer, the employee may refuse the assignment.
Deployment shall not have a negative impact on employees affected by deferrals in the same unit or specialty.

32.05 Priority Placement
Prior to the application of any selection process NAV CANADA shall seek to fill the vacant position by an employee eligible for priority placement.
NAV CANADA shall review each category in the order set out below and determine if at the location where the position vacancy occurs there is an eligible employee. If no eligible employee is identified, NAV CANADA shall apply the process on a regional basis. If the vacant position is non-supervisory operational ATC Level 4, 5 or 6 and no eligible employee has been identified at the location or in the region, NAV CANADA shall apply subparagraphs (a) and (b) of the process on a national basis.
The order of categories is as follows:
(a) Qualified employees who have received notices of lay off (surplus) or who have been declared vulnerable;
(b) Qualified employees on lay-off and retaining recall rights;
(c) Qualified employees returning from leaves of absence of 12 months or more;
(d) Employees who within the previous 12 months, had applied for and been previously deemed eligible/qualified for the same position.. .
Only employees at the same or higher level than the vacant position shall be considered under the present paragraph. (Excluding subclause {d})

32.06 Staffing of non-supervisory operating positions through the National or Interim Bid Program via Transfer Down or Seniority Bid
If following the application of paragraph 32.05 the non-supervisory operating position still remains to be filled, it shall be filled under the National or Interim Bid Program.

(a) All members of the bargaining unit including those on the recall list may participate in the Program except that, for the purposes of Seniority Bid only, employees who occupy positions at the ATC 7 levels are only eligible to participate in the Program provided that the position for which they will be training is at the ATC 6 level.
For the purposes of this subparagraph, the level of a laid off employee is the level that the employee held at the time of his or her layoff.

(b) Knowledge Test
Applicants shall be required to pass a knowledge test with respect to the type of position (terminal or airport or oceanic or area/enroute) for which they are bidding, that is not specific to any one geographic location. In such cases, the most senior applicant passing the test shall be offered the position.
Applicants who are currently working in the same type of operational position (terminal or airport or oceanic or area/enroute) as the position to which they want to transfer to, shall not be required to write the knowledge test.

(c) Non Eligible Employees
Employees in the following situations shall not be eligible to apply:
(i) when the training program will commence within three (3) years following the date:
(a) the individual had refused an offer of a training opportunity from article 32.10 which would start within one (1) year; or
(b) the individual had withdrawn after accepting a formal training offer from article 32.10, which contains a starting date which is deferred for more than one (1) year;
or
(c) on which training was terminated either for withdrawing from or for failing to successfully complete any portion of an operational non-supervisory training program pursuant to clause 32.06; or
(ii) within three (3) years of commencement of a training program for a position at their former unit where they were unable to maintain unit standards;
(iii) employees who qualify for a position at the same level under the National or Interim Bid Program will not be eligible to participate in this Program until they have completed five (5) years (post-qualification) in that position;
(iv) new employees must have a minimum of two (2) years (post-qualification) in their position prior to being eligible to participate in this Program;
(v) within three (3) years of having been assigned to a position staffed through either the National or Interim Bid Program or the competitive staffing process.
(d) Employees whose names remain on the list of applicants and locations on the National Bid process as described in Clause 32.10, and who have not yet received an offer of a training opportunity in any Bid process for that year, remain eligible to participate in all bid processes run for training opportunities during that year.
(e) Additional conditions of the Transfer Down portion of this Program are as follows:
(i) Eligibility
Operating controllers and supervisors are eligible to participate in a Transfer Down, provided an applicant will have at least eight (8) years seniority at the date of application for the vacant position and the position applied for is a lower level Operating Control Position.
(ii) Single Use of Transfer Down During Career
Employees may undertake training at a lower level operating control position unit using the Transfer Down only once during their career with NAV CANADA including their employment with Transport Canada, if applicable.
(iii) Salary Level Adjusted
On commencement of training, the salary level of the successful applicant shall be adjusted to reflect the level of the lower level Operating Control Position
(iv) Loss of Technical Proficiency
Failure to qualify in a lower level operating control position shall not be considered loss of technical proficiency.
(v) Position Not Protected
An employee’s former position will not be protected during the training period.
(vi) Alternate Position
In the event that the employee fails to qualify at the lower level unit, every effort will be made to place him or her in a suitable position.

32.07 Staffing of Data Systems Coordinator (DSC), Supervisory and Non-Operating Positions through Competitive Staffing Provisions
The staffing order in 32.01 (b) does not apply to this process.
The following conditions apply to the staffing of DSC, supervisory and non-operating positions:
(a) Contents of Posting
A job posting for a supervisory and non-operating position shall include the following information:
(1) position title, classification and location;
(2) essential qualifications (including any medical, linguistic requirements or security clearance required), which shall be expressed in clear terminology;
(3) area of selection;
(4) salary range;
(5) summary of duties of the position;
(6) particular working conditions such as any shiftwork or need to travel;
(7) closing date of competition;
(8) name, address and phone number of person to whom the application should be directed; and
(9) that Statements of Qualifications for the position are available on request; and
(10) that applications must be transmitted by midnight on the closing date.
Should the company decide to cancel the competition a posting will be sent via the same distribution means as the original posting as well as being sent to all those who had already applied, announcing the cancellation of the competition and the rationale.

(b) Eligible Employees
All employees in the bargaining unit and those persons on the recall list not eligible for priority placement are eligible to compete for positions where the Competitive Process applies where the following conditions are met:
(i) the employee occupies a position in the area of selection included on the posting;
(ii) the employee has not refused or abandoned a non operational or Data Systems Coordinator position at the same level during the preceding 36 months.
(iii) Specifically for DSC positions, qualified employees occupying permanent positions at Head Office, the TSC, the Sim Centre, the NOC and Automation Instructors at NCTI will be deemed to be in the “area of selection” and therefore can apply on the DSC competitions. In this instance, “qualified” means the employee possesses an ATC licence with an IFR endorsement.

32.08 Employee Qualifications
An employee is deemed qualified in any staffing process if the employee meets the position requirements set out in Article 32.02.

32.09 Selection under Transfer Down Program, Seniority Bid and Competitive Staffing
(a) In the case of a non-supervisory operational position, NAV CANADA shall select for training from among the candidates the senior qualified employee.
(b) In the case of a Data Systems Co-ordinator, supervisory and non-operational positions, the qualified candidate who best meets the position requirements shall be selected. When two (2) or more qualified candidates are relatively equal, the most senior will be selected. Candidates unsuccessful in a competition held under the Competitive Staffing Provisions, shall be granted a post interview de-brief, if requested by the employee.

32.10 Posting/Selection Requirements
During the month of June every year NAV CANADA will publish a new list of anticipated training opportunities by location and specialty that will be staffed through the National Bid Program for the upcoming calendar year. Eligible employees interested in these or any other possible training opportunities will be required to submit a prioritized listing of not more than two (2) locations (may be Specialty specific) of their choice. NAV CANADA will publish this list of locations and applicants for a period of two (2) weeks, during which time these employees will have the opportunity to withdraw their names from the list. Thereafter, NAV CANADA shall select employees for such available training opportunities from this list. Employees who have not received an offer under this program may withdraw their bid at any time without penalty. Where an employee must be deferred in accordance with Clause 32.11, NAV CANADA may assign the training opportunity to ab-initio employees.
If a vacancy does occur in a position after the list has been published and for which employees have not indicated a preference, the employer may either run an Interim Bid or fill the vacancy with an ab-initio.
Any postings for vacant Data Systems Co-ordinator, supervisory and non-operating positions shall be posted for at least fourteen (14) days. The posting shall include any of the appropriate information referred to in paragraph 32.07 (a) above.

32.11 Deferred Training
A successful applicant shall be assigned to the training program for the position under the National or Interim Bid Program unless NAV CANADA determines that releasing the employee from his or her position will create an immediate staff shortage. A “staff shortage” is defined as a situation where the departure of the successful applicant from his or her unit would result in the number of qualified controllers, including Unit Operations Specialist (UOS), being reduced by more than:
(i) one controller, at units/specialties with a control requirement of eight (8) or less;
(ii) two controllers, at units/specialties with a control requirement of nine (9) to fourteen (14); or
(iii) three controllers, at units/specialties with a control requirement of fifteen (15) or more.

32.12 Procedures in Event of Delay
The following procedures shall apply in the event that the filling of a position staffed by the National or Interim Bid Program is delayed:
(a) NAV CANADA shall immediately notify the Union that it intends to rely on paragraph 32.11 to delay the employee’s entry into the training program and such notification shall include the facts demonstrating the staff shortage; and
(b) the parties shall develop an action plan to permit the release of the affected employee at the earliest possible date.

32.13 Training Period
A successful applicant under either the National or Interim Bid Program shall be entitled to a reasonable training period in which to qualify.

32.14 Return Rights
(a) A successful applicant under either the National or Interim Bid Program (excluding Transfer Down) or the competitive process for Operational Supervisor positions shall retain his or her position during training. Such “return rights” shall be extinguished at the date on which the successful applicant qualifies in the new position.
(b) A successful candidate for Data Systems Co-ordinator and non-operating positions shall have a sixty (60) day period of “returnrights” following his or her report to the new position, subject to the following:
(i) the return rights period may be extended by mutual agreement;
(ii) no relocation expenses shall be paid during the return rights period unless mutually agreed otherwise. In the latter case the return rights shall be extinguished;
(iii) the employee shall receive travel expenses in accordance with the NAV CANADA Joint Council Travel Guidelines during the return rights period.

32.15 Advice to and Response of Selected Employee
(a) The selected applicant under the Staffing process shall be advised in writing of the following:
(i) the nature of the training program;
(ii) the commencement date and duration of any training or, in the absence of any training requirement, a familiarization period and the commencement date to begin performing the duties of the position;
(iii) description of the employee’s return rights if any.
(b) The employee shall have a maximum of nine (9) calendar days to respond to the notice.

32.16 Travel and Relocation Expenses
Selected employees assigned to a position or training in a new location shall be eligible for authorized travel and relocation expenses in accordance with the NAV CANADA Joint Council Travel and Relocation policies and the special provision for air traffic controllers undergoing operational training.

32.17 Positions Not Subject to Staffing Procedures
Positions to be filled while the incumbents are absent for whatever reason and where they retain a return right shall not be subject to staffing procedure under the present article.

32.18 Projects and Temporary Positions
The positions referred to in paragraph 32.17 and temporary positions required for special projects and urgent temporary needs may be filled at NAV CANADA’s discretion by regular or temporary employees.

32.19 Requalification
Employees exercising return rights shall be subject to the successful completion of any required training and endorsement.

32.20 Return Notice from Leave of Absence
Within sixty (60) days prior to the expiry of an authorized leave of absence of twelve (12) months or more, the employee shall advise NAV CANADA in writing of his or her desire to return to work.

32.21 Leve l Changes
(a) In the event that a position at a given location is modified to the extent that an increase in level is required, the employee presently filling the position, if qualified, may be assigned to the higher level. If necessary, the employee may be provided with a familiarization period.
(b) In the event that the modification results in a lower level, the employee presently filling the position may request to remain in the position at the lower level or be subject to the provision of Article 33 Employment Security. In the former case, the employee’s salary shall be salary protected.

32.22 Probationary Period
For all Air Traffic Controllers-in-training in Control Towers, the employee shall be a probationary employee from the date he or she reports to his or her first unit until such time as the employee has been fully qualified at a unit.
For all Air Traffic Controllers-in-training in Area Control Centres, the employee shall be a probationary employee from the date he or she reports to the On-the-Job Training phase at his or her first unit until such time as the employee has been fully qualified at a unit.

32.23 Second Language Proficiency
Notwithstanding paragraph 32.22, an employee hired on the basis that he or she will acquire a second official language during employment will be deemed to be on probation until such time as the employee has successfully met the condition. In this case the probationary period may be extended by NAV CANADA by a period equivalent to the accumulated regular work time taken by the employee in language training.

32.24 Ab-initio Trainees
Ab-initio trainees who have not been issued a certificate of successful completion of a course in air traffic control given by NAV CANADA shall not be governed by the present collective agreement.

32.25 Definition of Regular Employee
A regular employee is an employee hired on an ongoing basis for an indeterminate period.

32.26 Definition of Location
A location, for the purpose of Article 32 Staffing and Article 33 Employment Security, is identified by the premises where the employee normally works or the organizational entity to which the employee is attached.

32.27 Training Opportunities
In the case of vacancies for ACC positions, NAV CANADA shall endeavor to provide fifty percent (50%) of the training opportunities to eligible employees on the seniority list.

32.28 List of Permanent Positions
Once during the first twelve months from the signing of this agreement, and every year thereafter, NAV CANADA shall provide the Union with a list of all permanent positions within the bargaining unit.

33.01 Early Identification of Surplus Situations
In the event of a reduction in the workforce the following provisions shall apply for the early identification of a potential displacement situation:
(a) potential job displacement situations include lack of work, facility closure, economic downsizing, technological change, organizational change, contracting out, or any other action that may result in a job displacement situation; and
(b) where NAV CANADA identifies potential job displacement situations it shall notify in writing the Union at the national level at the earliest possible opportunity.

33.02 Meaningful Union/NAV CANADA Consultation
Meaningful Union/NAV CANADA consultation shall begin:
(a) following notice to the Union of potential job displacement and prior to any letters of vulnerability being given to any employee;
(b) with the intent to minimize adverse consequences of job displacement, and resolve surplus situations without layoff, through the development of a human resource transition plan if the number of employees affected is ten (10) or more or if all the employees in a location are affected. Any human resources plan so developed shall be provided to the Union. Areas of consideration by NAV CANADA shall include, but are not limited to the following:
(1) elimination of casuals and term or temporary employees;
(2) voluntary methods, including job exchange, transfers to vacant positions at equivalent levels, and retraining;
(3) alternate work arrangements, including job sharing and part-time;
(4) leaves of absence;
(5) seeking voluntary separation through NAV CANADA’s departure incentive program (See Appendix F) ;
(c) seniority shall be applied where possible when two (2) or more employees at the same level are qualified for an available position identified under paragraph (b) above.

33.03 Opportunities for Employees to be Considered for Other Employment Vacancies
The following provisions shall apply to affected employees to be considered for other employment vacancies with NAV CANADA:
(a) vulnerable employees will be sent formal notice of their vulnerable status and options will be explored with the employee on an individual basis and such discussions shall take place within thirty (30) days of receipt of notice;
(b) the employee shall receive a formal notice of surplus status at least six months prior to layoff date (surplus period), copied to the Union; and
(c) in the event that two (2) or more employees at the same level and location are vulnerable or surplus and all cannot be assigned under the present article or Article 32.05 Priority Placements, lay-off shall be by reverse order of seniority.
(d) if NAV CANADA and the employee have been unsuccessful in finding an appropriate job opportunity within NAV CANADA at the end of the surplus period, the employee may choose layoff with recall rights, or accept a NAV CANADA departure incentive program. NAV CANADA reserves the right to offer a departure incentive program during the surplus period. An employee with fifteen (15) or more years of service shall not be required to accept an assignment that would require the employee to relocate. In this last case if the employee refuses the assignment he or she shall remain eligible for a NAV CANADA departure incentive program or lay-off with recall rights.

33.04 Decline of Reassignment or Departure Incentive
An employee who declines a reassignment or refuses the offer of the NAV CANADA departure incentive program shall be laid off and his or her name shall be inscribed on a recall list.

33.05 Position Exchange Provision
In situations of permanent reduction in the work force NAV CANADA, at its discretion, may accept the offer of resignation by an employee for the purpose of providing a position for an employee subject to lay-off. Factors to be considered shall include the qualifications of the employee subject tothe lay-off, the position, level and requirements, its location and costs. The employee accepting termination shall be entitled to the NAV CANADA departure incentive program.

33.06 Unsuccessful in Training
A surplus employee unsuccessful in training shall be eligible for the option provided for in paragraph 33.03 (d) above. In this case the training period is deemed to be included in the surplus period. However, if the training period extends beyond the surplus period, the notice of surplus is deemed to have been extended. If the employee decides to remain with NAV CANADA during the balance of his or her surplus period, the employee shall remain eligible for a position assignment under the original plan.

33.07 Recall
Recall to a position shall be by order of seniority among the qualified employees laid off from the same or higher level and in accordance with Article 32.05 (Priority Placements). Relocation expenses shall be paid to a recalled employee as required.

33.08 Training for Recalled Employees
A recalled employee who is unsuccessful in training shall be laid off. In this case the original recall period shall not be extended.

33.09 Employment Ceases
An employee who accepts the NAV CANADA departure incentive payment or, who refuses recall under paragraph 33.07, shall cease to be an employee of NAV CANADA.

33.10 Application of Collective Agreement to Laid Off Employees
Unless specified otherwise the terms, conditions and benefits provided for in the Collective Agreement shall not apply to laid-off employees.

33.11 Incumbent’s Rights
An employee who occupies a unilingual position that NAV CANADA designates bilingual by its own action or to meet statutory requirements and who does not meet the second language requirement, or an employee who does not meet a higher second language proficiency standard for the position set by NAV CANADA or through statutory requirements, shall be entitled to reassignment to a position at the same level in the region with relocation expenses in accordance with the NAV CANADA Joint Council Relocation Policy. If no position at the same level in the region is available, the employee may elect to accept an assignmentin another region with relocation expenses or accept the NAV CANADA departure incentive program. The employee shall be considered a vulnerable or surplus employee for purposes of the priority placement provisions in Article 32.05. If the employee is not reassigned or does not accept the NAV CANADA departure incentive program he or she shall be subject to lay-off.

33.12 Contracting Out
In the event of contracting out, a surplus employee shall be entitled to reassignment to a position at the same or lower level in the region with relocation expenses. If no position at the same or lower level in the region is available and regardless of the level of the employee’s position, the employee may elect to accept an assignment to a vacant position at the same or lower level in another region with relocation expenses or accept the NAV CANADA departure incentive program. If the employee is not reassigned or does not accept the NAV CANADA departure incentive program he or she shall be subject to lay-off.

34.01 Under the following circumstances and subject to clause 34.02, an employee shall receive severance benefits calculated on the basis of his or her weekly rate of pay:
(a) Lay-Off
(i) On the first lay-off, at the expiry of the twelve (12) month recall period, two (2) weeks’ pay for the first complete year of continuous employment with NAV CANADA since November 1, 1996, and one (1) week’s pay for each additional complete year of continuous employment with a maximum benefit of thirty (30) weeks’ pay.
(ii) On second or subsequent lay-off, at the expiry of the twelve (12) month recall period, one (1) week’s pay for each complete year of continuous employment with a maximum benefit of twenty-nine (29) weeks’ pay, less any period in respect of which he or she was granted severance pay under 34.01(a)(i) above.

(b) Retirement
On retirement, when an employee is entitled to an immediate annuity or entitled to an immediate annual allowance either from the NAV CANADA Pension Plan and/or the Public Service Superannuation Act, one week’s pay for each complete year of continuous employment with a maximum benefit of thirty (30) weeks’ pay.

(c) Death
If an employee dies, there shall be paid to his or her estate, one (1) week’s pay for each complete year of continuous employment to a maximum of thirty (30) weeks’ pay, regardless of any other benefit payable.

34.02 Severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit by the Public Service or NAV CANADA. Under no circumstances shall the maximum severance pay provided under clause 34.01 be pyramided.

34.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification of his or her substantive position on the date of the termination of his or her employment.

35.01
Members of the Canadian Air Traffic Control Association, CAW Local 5454 bargaining unit are entitled to the benefits of the NAV CANADA Pension Plan.

35.02
Only the following specific Articles of the NAV Canada Pension Plan (Effective January 1, 2009) are deemed to be included in the collective agreement:
Article 2 - Eligibility and Membership
Article 3 - Crediting of Service
Article 4 - Contributions
Article 5 - Benefits on Retirement, Termination or Death
Article 6 - Maximum Pension Benefits
Article 7 - Payment of Pensions
Article 13 - Marriage Breakdown (including also subsection 14.7 for completeness)
Part A
Article A2 - Service
Article A3 - Contributions
Article A4 - Retirement Benefits
Article A5 - Post Retirement Death Benefits
Article A6 - Termination of Services
Article A7 - Pre-retirement Death Benefits
Article A8 - Disability Benefits
Article A9 - Inflation Adjustments for Pensions in Payment
Definitions set out in Article 1 and Article A1 is included in as much as they would be required to interpret one of the articles outlined above.

35.03 For clarity, the NAV CANADA Pension Plan may not be discontinued without the express written consent of both parties in so far as it relates to CATCA.

35.04 The company may offer, on a voluntary basis to all new employees as of September 1, 2008 and to any existing employees on a one time, prospective and irrevocable basis, a new voluntary non-contributory option. After being given the appropriate amount of time to review the two pension options, a new hire who declines the voluntary option shall be required to join the current contributory NAV Canada Pension plan. The terms of this option, given its voluntary nature, will be determined solely by the Company.

35.05 The Memorandum of Agreement Re: NAV CANADA Pension Plan between the parties, dated May 28, 2008, shall form part of this collective agreement.

36.01 Requirement for Safe and Healthful Working Conditions
NAV CANADA will continue to make provision for the safe and healthful working conditions of employees and in so far as is feasible, having regard to building and space limitations, will provide proper accommodation for employees to have their meals and keep their clothes. The Union agrees to cooperate fully in the prevention of accidents to employees and in the enforcement of safety rules.

37.01 There shall be no strikes or lockouts, as defined in the Canada Labour Code, during the term of this Agreement.

38.01 Upon written request of an employee, his or her employee file will be made available during normal business hours once per year for his or her examination in the presence of an authorized representative of NAV CANADA. In accordance with current practice, the employee will continue to have reasonable access to his or her unit personnel file.

39.01 Programs
The following agreements, as amended from time to time, concluded by the NAV CANADA Joint Council on items which may be included in this Agreement and which the parties to this Agreement endorsed after November 1, 1996 and made in accordance with the terms of the NAV CANADA Joint Council By-Laws (as amended from time to time) will form part of this Collective Agreement:
1. Bilingualism Bonus Program;
2. Boilers and Pressure Vessels Program;
3. Clothing Program;
4. Commuting Assistance Program;
5. Committees and Representatives Program;
6. Dangerous Substances Program;
7. Electrical Program;
8. Elevated Work Structures Program;
9. Elevating Devices Program;
10. First Aid Program;
11. Hazardous Confined Spaces Program;
12. Isolated Posts Program;
13. Living Accommodation Charges Program;
14. Materials Handling Program;
15. Memorandum of Understanding on Definition of Spouse;
16. Motor Vehicle Operations Program;
17. Noise Control and Hearing Conservation Program;
18. Personal Protective Equipment Program;
19. Pesticides Program;
20. Refusal to Work Program;
21. Relocation Program;
22. Sanitation Program;
23. Tools and Machinery Program;
24. Travel Program;
25. Use and Occupancy of Buildings Program.

39.02 Agreements
Other NCJC agreements, including benefit plans, currently in effect or subsequently agreed to in the NCJC process shall also form part of this Collective Agreement.

39.03 Grievances
Grievances with respect to the above-mentioned agreements will be determined in accordance with the NAV CANADA Joint Council By-laws. Grievances in regard to the above policies shall be submitted only by the Union.

40.01 The classification system shall be the system contained in the NAV CANADA/CATCA Classification System Document dated September 7, 2005.

41.01 Both English and French versions of the agreement have equal force and effect.

41.02 NAV CANADA shall have the translation of the collective agreement prepared and shall submit a copy to the Union. NAV CANADA and the Union shall share the expenses of translation equally.

41.03 Within thirty days of receipt of the translation either party may advise the other in writing of any disagreement it may have with the translated version and shall indicate the text(s) in question.

41.04 If within the next thirty days the parties cannot agree on the proper translation the text(s) in dispute shall be submitted to an arbitration board as provided for in the collective agreement.

41.05 The arbitration board shall not have jurisdiction to alter or modify the text in which language the provision was negotiated.

42.01 Copies of Collective Agreement
(a) NAV CANADA agrees to distribute to all members of the bargaining unit and on enrolment, to all employees entering the bargaining unit a copy of this Collective Agreement.
(b) NAV CANADA shall arrange for the printing of the Collective Agreement and amendments to this Collective Agreement. The costs associated with such printing shall be shared equally between the Union and NAV CANADA. All agreements will be printed in a union shop.
(c) NAV CANADA further agrees to provide an additional two hundred and fifty (250) copies of this agreement to the National Office of the Union.

43.01 The provisions of this Agreement apply to the Union, employees and NAV CANADA.

43.02 Unless otherwise expressly stipulated, this Agreement shall become effective on the date of ratification (April 15, 2009) and shall remain in effect until March 31, 2011.

43.03 This Agreement may be amended by mutual consent.

43.04 Except as otherwise provided in this Agreement, the provisions of this Agreement shall be implemented within ninety (90) days of the signing of this Agreement.