All appropriate modifications to the Collective Agreement for PBS will be finalized after the provisions of Item 7(b) of the May 2003 MOU are either agreed to or arbitrated.
B5.01 MONTHLY FLIGHT TIME LIMITATIONS
B5.01.01 Maximum Monthly Limitation: The maximum flight time limitation in any month shall be eighty (80) hours per month on jet aircraft.
At the discretion of the Company, the maximum flight time limitation shall be increased to eighty-five (85) hours per month on a jet aircraft, for a maximum of four (4) months per year.
Prior to December 31 of each year, the Company will provide the Union with its best estimate of which months in the next calendar year will be eighty-five (85) hour month. The Company is not bound to such estimate which can change due to operational requirements.
B5.01.02 Extension to Monthly Limitation: The employee may volunteer to extend his/her monthly limitation to eighty-five (85) one-hundred (100) hours in accordance with Article B7.04 providing s/he is legal in all respects.
B5.01.03 Proration: The maximum monthly limitation shall be reduced by two hours and ten minutes (2:10) for each day off the payroll.
B5.01.04 Regular Blockholder Extension: Where a Regular Blockholder has earned additional credits as a result of flight time picked up on all his/her flying due to delays or the application of the schedule or better (Article 6.02.01), s/he will be required to operate his/her block up to two hours and thirty minutes (2:30) in excess of the maximum monthly limitation. This extension applies as well to the application of the Return to Base Extension ‑ Article B5.01.05.
The Regular Blockholder extension does not apply when:
1. An overlap flight would project the employee over seventy‑five (75) eighty/eighty-five (80/85) hours unless the block was projected to be within the seventy-five (75) eighty/eighty-five (80/85) hours monthly limitation including Return to Base Extension, at the start of the block month. The block will be extended only by the amount of time picked up due to delays or the application of “schedule or better”;
2. An employee has been drafted during the block month, unless s/he has dropped a flight of equal or greater credits than the flight sequence for which s/he is/was drafted to operate.
B5.01.05 Return to Base Extension: Cabin Personnel shall be legal to operate a flight sequence in excess of the maximum monthly limitation only to complete their return to Home Base in the same month provided that half (½) the projected flight time and credits for the entire flight sequence does not project them beyond the maximum monthly limitation. Once an employee has completed all flights contained in his/her block, this extension shall apply to Article B9 – Draft.
B5.01.05.01 Overlap Return: The return to base extension is not applicable where a trip overlaps into the following month.
B5.01.06 Overprojection: Where Cabin Personnel are projected to exceed the maximum monthly limitation as a result of additional flying performed during that month, they shall be required to drop a flight or flight sequence as follows:
B5.01.06.01 Voluntary Drop: They may drop a flight or flight sequence to the extent required at any time provided they give at least twenty‑four (24) hours notice to the Crew Resource Centre and alternative coverage can be secured for their flight.
B5.01.06.02 Compulsory Drop: They must drop the last flight or flight sequence in the month to the extent required. Where the last sequence transits Home Base, they shall be required to operate that portion to Home Base for which they are legal.
B5.02 DUTY PERIOD LIMITATIONS
B5.02.01 Duty Period ‑ Definition: A duty period shall commence and shall be continuous until broken by a legal rest period under the following rules:
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DUTY PERIOD COMMENCES AT |
DUTY PERIOD TERMINATES AT |
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Operational Flights |
1:00 hour prior to scheduled departure or rescheduled departure if notified prior to arrival at airport. |
00:15 hours after arrival of flight |
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Deadhead |
At Home Base: 30 minutes prior to scheduled departure of designated deadhead flight. Away from Home Base: Scheduled departure of designated deadhead flight. |
Actual arrival of deadhead flight (Article 6.02.03). |
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Airport Standby (Reserve Blockholders) |
Airport Report Time. |
Airport release or as above if assigned to operate a flight or deadhead. |
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Airport Standby (after a flight) |
As above |
Airport release or as above if assigned to operate a flight or deadhead. |
B5.02.01 NOTE: The duty period prior to an operational flight or deadhead may be extended under the provisions of Article B5.03 ‑ Ground Duty ‑ Pre/Post Duty Period.
B5.02.02 Maximum Scheduled Duty Period: Under the provisions of this clause, a domestic duty period is defined as any duty period which contains a flight(s) originating and/or terminating within the North American Continent and including flights originating and/or terminating within five hundred (500) miles of the North American Continent.
Under the provisions of this clause, the overseas duty period is defined as any duty period which contains an overseas flight or part thereof. A domestic leg of an overseas flight which is scheduled within an otherwise wholly domestic duty period shall not be considered overseas.
B5.02.02.01 Scheduled Limitation: A duty period shall not be scheduled to exceed thirteen (13) consecutive hours for domestic flights or fourteen (14) consecutive hours for overseas flights other than by agreement between the Union and the Company.
B5.02.02.02
Scheduled Deadhead Extension to Home Base: A duty period may be scheduled for up to fifteen (15) hours for domestic flights or sixteen (16) hours for overseas flights only to complete a deadhead to Home Base provided the flight duty was scheduled within the scheduled limitation of thirteen (13) hours for domestic flights or fourteen (14) hours for overseas flights.
B5.02.02.03 General: In the event that a pairing which is scheduled within the maximum scheduled duty period limitations noted above repeatedly exceeds the applicable maximum limitation, the Company will notify the Union. The Company and the Union shall then determine by mutual agreement how to redress the problem in keeping with the intent and spirit of the Collective Agreement. The pairing may continue until the agreement has been reached.
B5.02.03 Absolute Maximum Duty Period
B5.02.03.01 At a Crew Base ‑ Thirteen (13) hours for domestic flights or fourteen (14) hours for overseas flights. When a duty period is projected to exceed thirteen (13) hours for domestic flights or fourteen (14) hours for overseas flights based on the official forecast and the employee is at a Crew Base, s/he will not be required to remain on duty in excess of thirteen (13) hours domestic or fourteen (14) hours overseas. If his/her actual arrival at the first Crew Base is after thirteen (13) hours for domestic flights or fourteen (14) hours for overseas flights, s/he will be released at his/her request upon arrival.
NOTE: An employee will not be released if arrival at a subsequent Crew Base falls within the thirteen (13) hour duty period for domestic flights or fourteen (14) hour duty period for overseas flights except as otherwise specified under Article B5.02.03.04.
B5.02.03.02 Not at a Crew Base: Fifteen (15) hours for domestic flights or sixteen (16) hours for overseas flights. Where a duty period is projected to exceed fifteen (15) hours for domestic flights or sixteen (16) hours for overseas flights
based on the official forecast and the employee is not at a Crew Base, s/he will be required to remain on duty up to fifteen (15) hours for domestic flights or up to sixteen (16) hours for overseas flights but will not be required to remain on duty in excess of fifteen (15) hours for domestic flights or sixteen (16) hours for overseas flights.
NOTE: If the employee arrives at a Crew Base at any time during this duty period, s/he shall not be required to remain on duty in excess of thirteen (13) hours for domestic flights or fourteen (14) hours for overseas flights except where the scheduled deadhead extension to Home Base applies.
B5.02.03.03 Notice:
B5.02.03.03.01 As soon as a duty period is projected to exceed thirteen (13) hours for domestic flights or fourteen (14) hours for overseas flights at a Crew Base, or fifteen (15) hours for domestic flights or sixteen (16) hours for overseas flights away from a Crew Base, based on the official forecast, the employee must advise the In‑Charge employee of his/her individual decision to exceed the limitation or to take crew rest.
B5.02.03.03.02 The In-Charge employee must advise the Captain and the Crew Resource Centre of the individual decisions of the employees.
B5.02.03.03.03 Where the employee has decided to exceed the limitation, s/he may change his/her decision only if there is a further extension of the duty period.
B5.02.03.04 Release from Duty: Where an employee has elected not to exceed the absolute limitation, the Crew Resource Centre shall designate the station or Crew Base where the release from duty will be effective within the applicable maximum duty period.
NOTE: Where an employee elects to take crew rest under the above, s/he will not be permitted to deadhead to Home Base unless s/he will arrive at Home Base within thirteen (13) hours domestic or fourteen (14) hours overseas. In the case of a deadhead originally scheduled in the pairing in excess of thirteen (13) hours domestic or in excess of fourteen (14) hours overseas, the employee will be permitted to deadhead to Home Base provided arrival at Home Base is within fifteen (15) hours domestic or sixteen (16) hours overseas.
B5.02.04 Reduction: The applicable maximum scheduled duty period and the absolute maximum duty period shall be reduced by one (1) hour for each scheduled operational landing in excess of five (5) in any duty period.
B5.02.05 Ferry Flights: Where an In‑Charge employee operates a ferry flight as a working crew member, his/her duty period will commence at the departure time of the flight and his/her duty period limitations may be extended to fifteen (15) hours for domestic flights or sixteen (16) hours for overseas flights for the purpose only of operating a ferry flight.
NOTE: At the employee’s Home Base only, the duty period will commence thirty (30) minutes prior to the actual departure time of the ferry flights.
B5.03 GROUND DUTY ‑ PRE/POST DUTY PERIOD
B5.03.01 General: An employee may be required to report for duty up to thirty (30) minutes prior to any duty period. This time shall be included in the duty period limitations but shall be excluded from the calculation of all guarantees and flight time limitations.
B5.03.02 Flight Service Director: A Flight Service Director may be required to perform ground duties for up to thirty (30) minutes before and after each duty period which shall be in addition to the period specified in Article B5.03.01.
This time shall be excluded from both the duty period limitations and the calculation of all guarantees and flight time limitations. The Flight Service Director shall drop either or both periods to the extent required to ensure that all legal rest period requirements are observed.
NOTE: Where a duty period commences or terminates with a deadhead, the pre and post duty period credits shall be paid if a flight was operated in that duty period.
B5.04 LEGAL REST PERIODS ‑ HOME BASE
A legal rest period at Home Base to be legal must be of the following minimum duration:
B5.04.01 Regular Blockholders 10 hours
B5.04.02 Reserve Block
holders (Article B8.02) 12 hours
B5.04.03 Reserve Blockholders (Articles B8.02 and 18 hours
B8.17 / All night flight pairings) or 24 hours
where applicable
NOTE: An employee under this Article and Article B8.17 may not be assigned to a flight which departs from his/her base earlier than the first normally scheduled flight departure from that Base.
B5.04.04 Overseas operations ‑ except Bermuda ‑ 24 hours on present aircraft.
B5.04.05 General: An employee shall not be contacted for any reason during the first ten (10) hours in the case of a Regular Blockholder and twelve (12) hours in the case of a Reserve Blockholder.
NOTE: Any assignment made in violation of the no contact period outlined in B.5.04.05 will not stand.
B5.05 REST PERIODS ‑ LAYOVER STATION: The minimum rest periods at layover stations are:
B5.05.01 Legal Rest Periods: A layover rest period to be legal must be of the following minimum duration:
– Sleeping accommodation at/near airport 10 hours
– Sleeping accommodation away from airport 10 hours
-Return from overseas flight to continental
North American layover points 12 hours
– Canada ‑ London (Eng.) turnaround 12 hours
NOTE I: The Company will make its reasonable best effort not to have unnecessary direct contact by In-Flight Service Management or other designated employees with Cabin Personnel during their minimum legal rest period or prior to two and one half (2:30) hours before flight departure. (Except LHR which will be prior to three (3) hours before flight departure).
NOTE II: The legal rest period will in all instances commence fifteen (15) minutes after arrival of the last flight prior to the rest period or fifteen (15) minutes after release from duty whichever is applicable.
B5.05.02 Minimum Scheduled Rest Period: The minimum scheduled rest periods at a layover station (which may be reduced in an irregular operation) are:
– Minimum scheduled (at or near airport) 10 hours
– After any scheduled duty period of twelve
(12) hours or more 12 hours
– Between any two (2) consecutive scheduled
duty periods that total twenty (20) hours
or more 12 hours
NOTE: Where the minimum scheduled rest period is reduced as a result of an irregular operation, the legal rest periods outlined in B5.05.01 will apply.
B5.05.03 General: Where accommodation is available and suitable, rest periods will normally be provided at a downtown hotel if the layover is fourteen (14) hours or more.
Where the scheduled rest period is greater than twenty (20)
Where the scheduled layover is ten hours and thirty minutes (10:30) or less, accommodation will normally be provided at or near the airport.
B5.05.04 Release from Duty: Where a rest period at a layover station is reduced as a result of an irregular operation, the In-Charge employee may request an extension of the layover to provide the applicable legal rest period from the Crew Resource Centre.
If the rest period is not extended, an employee will not be required to remain on duty in excess of the applicable absolute maximum duty period.
NOTE: A duty period is continuous until broken by a legal rest period.
B5.05.05 Airport Stopovers of Five (5) Hours or More: On request, the Company will provide hotel accommodation where available or practicable on airport stopovers of five (5) hours or more between flight arrival and flight departure.
B5.06 GUARANTEED DAYS OFF: Cabin Personnel shall receive minimum guaranteed days off free from duty as follows:
B5.06.01 Regular Blockholders: Twelve (12) days (288 hours) per month.
B5.06.01.01 Guaranteed da
ys off where scheduled shall commence at the termination of the last duty period at Home Base.
B5.06.01.02 Each period of guaranteed days off shall be scheduled with a minimum duration of two (2) days (48 hours), except where it is not possible to schedule all guaranteed days off in periods of forty‑eight (48) hours or more, two (2) periods only of twenty‑four (24) hours may be scheduled.
B5.06.01.03 EXCEPTION: During any thirty‑three (33) day block month, a thirteenth (13th) guaranteed day off will be
scheduled in each block. This additional day off will be added to one of the periods in B5.06.01.02.
B5.06.02 Reserve Blockholders: Thirteen (13) days (312 hours) per month. Days off for Reserve Blockholders are dealt with in Articles B8.06 through B8.09.
B5.06.03 Repayment Procedure: Only when an employee falls below his/her minimum days off in any month, s/he shall be provided with an equivalent number of days off in that month as follows:
B5.06.03.01 Loss Due to Flight Assignment: Where the loss of guaranteed days off results from a flight assignment, the Crew Resource Centre shall designate the specific replacement period at the time of assignment.
B5.06.03.02 Loss for Other Reasons: Where the loss of guaranteed days off results from any reason other than flight assignment, the employee shall notify the Crew Resource Centre within twenty‑four (24) hours and the Crew Resource Centre shall designate the specific replacement period.
B5.06.03.03 Minimum Duration: Where a guaranteed day off of less than the minimum duration is repaid, it shall be scheduled in conjunction with another period of time off to provide not less than the minimum duration of forty‑eight (48) hours.
B5.06.03.04 Removal: Where a Regular Blockholder is removed from a flight or flight sequence in his/her block to provide the required number of guaranteed days off, s/he shall receive the greater of the scheduled credits for that flight or flight sequence or the actual credits for the flights operated. Guaranteed days off can be repaid retroactively.
B5.07 Cabin Personnel Meetings: An employee may be required to attend a maximum of four (4) general or group meetings per calendar year for which no credits will be applicable except where block or flight removal is involved.
B5.08 Unblocked Training: An employee shall be provided a minimum advance notice of forty‑eight (48) hours where required to report for training not included in his/her block, except training that results from an award or assignment to a block or classification in the following month.