ARTICLE 19 ‑ GENERAL
19.01 INTERPRETATIONS: In this Agreement, unless otherwise specifically stated, the masculine shall include the feminine and the singular shall include the plural.
19.02 SAVING CLAUSE: Where the provisions of this Agreement are at variance with the Company Regulations, this Agreement shall be applicable.
19.03 ORDERS IN WRITING: All orders to an employee involving a change in location or assignment, promotion, demotion, dismissal, layoff, disciplinary action and leave of absence shall be stated in writing.
19.04 PERSONAL FILE: The Company shall maintain a personal file for each employee with a section containing all documents related to his/her employment performance. Upon request, the
employee may review this section of his/her personal file with local Management.
19.04.01 Letters relating to unsatisfactory job performance will be removed from the personal file after two (2) years or earlier if the performance deficiency has been corrected.
19.04.02 Passenger complaints, letters of reprimand, suspensions without pay shall remain on the employee’s personal file for a period of two (2) years.
19.04.02.01 If the discipline is modified through either the appeal or arbitration procedures, that modification will be appended to the employee’s personal file unless such decision is to exonerate the employee, in which case all correspondence will be removed.
19.04.02.02 Provided that no subsequent correspondence of a disciplinary nature is added to the employee’s personal file in the two (2) year period, all disciplinary correspondence will be deleted from the employee’s personal file.
19.04.02.03 In the event subsequent disciplinary correspondence is placed on the employee’s personal file, the previous disciplinary correspondence shall remain on the employee’s personal file until the expiry date of the subsequent correspondence, or until such time the two (2) year period has expired, whichever is the later.
19.04.02.04 When correspondence of a disciplinary nature is removed from the employee’s personal file, the circumstances that led to the discipline shall not be referred to in relation to any subsequent disciplinary action.
19.05 REST FACILITIES: The Company shall recognize employee rest facility requirements both in the air and on the ground and will attempt to ensure that these are adequate and comparable to those provided for other members of the crew. Where hotel accommodation is provided during a layover the Company will make its best reasonable effort to provide single accommodation.
19.06 HOSTAGE/INTERNMENT: An employee who, while engaged in Company business, becomes or is reported interned or missing, or is held hostage, shall be paid his/her regular salary, which shall be the greater of his/her average monthly salary over the preceding three (3) month period or seventy‑five (75) hours calculated at his/her hourly rate of pay. This monthly compensation shall be credited to the employee’s account and shall be disbursed in accordance with a written directive from the employee.
Each employee shall execute such a directive on a form to be mutually agreed on between the Union and the Company.
An employee shall not lose any pay as a result of the unlawful seizure of any aircraft to which s/he was assigned on either an operational or deadhead basis.
19.07 SEVERANCE PAY: An employee with twenty‑four (24) or more months of continuous service whose service is terminated as a result of staff reduction shall be entitled to one (1) week’s pay for each full year of service, up to a maximum of twelve (12) weeks’ pay. Severance pay shall be based on the average monthly earnings of the last twelve (12) full calendar months prior to the effective date of severance.
19.08 REORGANIZATION OF CORPORATE STRUCTURE: In the event that the Company changes ownership, merges with another Company or in any way changes its corporate identity, this Agreement will remain in full force and effect and the certificate issued by the Canada Labour Relations Board then in effect shall not be affected in any way, except as otherwise governed or directed by the Board. The Company further agrees to enter into negotiations with the Union relative to the protection of employee seniority and other conditions of this Agreement. Failing settlement, the provisions of the Canada Labour Code, Part I, will apply.
19.09 ROUTE LANGUAGE COMPETENCY
19.09.01 Cabin Personnel hired after July 1, 1977 as permanent employees in consideration of their competency in a route language(s) will be expected to maintain their competency in that language(s) as a condition of employment.
19.09.02 Should an employee fail to maintain said competency, s/he will be given a period of three (3) months to regain competency.
19.09.03 The Company will provide, under the provisions of the Company Education Assistance Program, assistance to an employee to maintain/regain his/her competency in the language(s).
19.10 LANGUAGE OF CONTRACT: The English and French language versions of this Collective Agreement are both official. In the event of a discrepancy between the English and French versions, these versions must be reconciled in accordance with the parties’ intentions.
19.11 Printing of the Agreement
19.11.01 The Agreement will be printed in both French and English and the cost will be shared equally between the Company and the Union. The booklet form shall be subject to mutual agreement between the Union and the Company.
19.11.02 Proof reading of the Agreement by the Company and the Union will be completed no later than thirty (30) days after the date of ratification of the Agreement.
19.11.01 The Company shall, no later than ninety (90) days after the date of ratification of the agreement, distribute the printed agreement to all the Cabin Personnel.
19.11.01 On written request by the Union, the Company will supply the Agreement in electronic form.
19.11.05 Translation of Agreement
19.11.05.01 The Company shall translate
the Collective Agreement within ninety (90) days from the printing of the Collective Agreement in the language of negotiations. Thereafter, the Union shall have sixty (60) days to review the company translation. The Company will pay for the release of two (2) bilingual employees for a period of sixty (60) days to review the Company translation.
19.11.05.02.1.1 Upon completion of the review, the Union and the Company will meet to resolve any outstanding disagreements relative to the translation. Where differences can not be resolved in this process, they shall be recorded and maintained on file for future reference, if necessary.
19.12 Compassionate Transfers
19.12.01 The Company and the Union agree to deal compassionately with Cabin Personnel who may, in exceptional circumstances, require a temporary transfer to a base other than the base to which they were contractually assigned. Such temporary transfers may be granted to an employee for up to three (3) months.
19.12.02 Requests for compassionate transfers shall be in writing to the Local Union and Base Manager at the employee’s present base with a signature from the Local Union at the new Base. Any dispute will be resolved at the Component Executive and Labour Relations Headquarters level.
19.12.03 When a transfer is approved under this Article, the employee’s rights at the new base will be as follows.
19.12.03.01 An employee assigned to another base as per Article 19.12 may be transferred out of seniority order. All transfers shall be done within an employee’s classification. The purpose of a compassionate transfer is not to fill a permanent vacancy.
19.12.03.02 Cabin Personnel on compassionate transfer shall take their vacation with them to their new base. If the vacation bid period occurs during the compassionate transfer, Cabin Personnel shall bid in their original/permanent base.
19.12.03.03 The employee will absorb all costs associated with any moves.
19.12.03.04 The on-going justification for all Compassionate transfers will be reviewed monthly by the Local Union and Base Managers involved.