LETTER OF UNDERSTANDING 1:
IN‑CHARGE ‑ FILLING OF VACANCIES
L1.01 GENERAL: This Letter of Understanding is intended to outline the procedures which will allow for an orderly progression into and out of the In‑Charge classification including:
- Eligibility Requirements
- Withdrawal from Classification
- Training Program
L1.02 SENIORITY: A separate In‑Charge list will be maintained and published in accordance with Article 16.08 ‑ Seniority Lists. The list will be maintained in accordance with the following:
L1.02.01 An eligible Flight Attendant who is awarded or assigned to the In-Charge classification and who qualifies through the In-Charge training program, will begin to accrue In‑Charge seniority from the date of initial assignment as In‑Charge, normally May 1st.
L1.02.02 In‑Charge seniority will be sequenced based on the employee’s relative position on the Cabin Personnel seniority list but following employees already holding seniority on the In‑Charge seniority list.
L1.02.03 An employee who elects to withdraw from the In‑Charge classification will forfeit all seniority on the In‑Charge list and will return to his/her relative position on the Cabin Personnel seniority list.
L1.02.04 A Flight Attendant who bids for an In‑Charge vacancy in any year and who, because of seniority was unable to hold such vacancy, will be placed on an In‑Charge wait list in accordance with his/her Cabin Personnel seniority until the end of that bid year.
L1.03.01 Annual vacancies in the In‑Charge classification will be declared prior to May 1st and September 1st of each year and will be filled in the following order:
L1.03.01.01 Vacancies will be filled from statements of preference on file forty-eight (48) hours prior to In-Charge bid deadline and offered in accordance with Article 18.07.03.
L1.03.01.02 Vacancies will be awarded to the senior eligible bidder and, once awarded, the employee will not be permitted to decline.
L1.03.01.03 If there are insufficient eligible bidders, the junior eligible employee at the Base where the vacancy exists will be assigned.
L1.03.02 Vacancies that become open between the annual declared vacancies will be filled in the following order:
L1.03.02.01 By awarding the vacancy from statements of preference on the In‑Charge seniority list.
L1.03.02.02 By offering the vacancy to the senior eligible bidder on the In‑Charge wait list in accordance with L1.02.04.
L1.03.02.03 If there are insufficient bidders on the In‑Charge wait list the junior eligible employee at the Base where the vacancy exists will be assigned.
L1.04 ELIGIBILITY REQUIREMENTS: Flight Attendants who will have attained one year of seniority by May 1st will be eligible to bid for the In‑Charge vacancies declared that year.
L1.05 QUALIFICATIONS: The Company will provide training programs for all successful bidders to In‑Charge vacancies. The bid holder will not be qualified until s/he has successfully completed the training program.
NOTE: Successful bidders will not be denied In‑Charge pay rates if the Company is unable to provide a training program prior to the effective date of the bid period. Pay rates to qualified In‑Charges will be made retroactive to that bid period if the training programs are delayed.
L1.05.01 Successful bidders who are unable to attend the training program due to maternity leave, child-care leave, sick leave, and union leave will be provided with their original seniority number on the missed course provided they qualify on the next available training program following their return to active duty.
L1.06 IN‑CHARGE TRAINING
L1.06.01 The Company will provide a comprehensive In‑Charge training program.
L1.06.02 At the conclusion of each training program, each candidate will be assessed to determine whether or not s/he has achieved the required standard. In the event a candidate fails to achieve the required standard, s/he will be informed in writing within fifteen (15) calendar days of the conclusion of the training program, of the reasons for such assessment. A copy will be provided to the Component President, Airline Division of CUPE.
L1.06.03 Any candidate who fails to achieve the required standard shall, upon request in writing to his/her In‑Flight Service Base Director/Manager within thirty (30) calendar days of notification of such assessment, be given the opportunity to achieve the standard through an assessment review procedure which will consist of operational flying within the In‑Charge classification for up to a maximum of thirty‑five (35) hours.
L1.06.04 The candidate will be informed in writing as to whether or not s/he has met the required standard within fifteen (15) calendar days provided for in L1.06.03. Notwithstanding the foregoing, a successful candidate may be confirmed prior to the completion of his/her thirty‑five (35) hours.
L1.06.04.01 A candidate who is assessed as not having achieved the required Company standard at the conclusion of the assessment review procedure, as provided for in L1.06.03, or the retention of qualifications procedure, as provided for in L1.08, may appeal under the provisions of Article 14 ‑ Discipline and Discharge commencing at Step II.
L1.06.04.02 In the event that the Union elects to process an appeal made in accordance with L1.06.04.01 to arbitration under the provisions of Article 14.06, the arbitrator shall have jurisdiction only to determine whether or not the candidate involved achieved the required Company standard, and shall have the authority for this purpose to take into consideration all relevant factors including the performance results of those candidates who achieved the required Company standard.
L1.06.05 In‑Charge candidates who fail to achieve the required standard after completion of two (2) training programs shall not be eligible to bid on the next annual bid, but will be eligible thereafter.
L1.06.06 Candidates who fail to achieve the required In‑Charge standard after the completion of a training program shall forfeit their position on the In‑Charge seniority list.
L1.07 EVALUATION PROCESS< /strong>
L1.07.01.01 A candidate senior enough to hold a regular or supplemental block will be not be excluded from B747 and L1011 blocks during the month in which s/he takes his/her thirty‑five (35) hour assessment.
L1.07.01.02 Should s/he be awarded a block containing all B727‑Y and/or DC9 and/or A320-Y aircraft flights, s/he will be removed from one sequence of flights only and assigned to a sequence of another aircraft which provides a first class service in order that s/he may be assessed on his/her finesse training in that service.
L1.07.01.03 Flight time credits for pay and limitations will be the greater of actual flights operated or flights from which s/he was removed.
L1.07.02 RESERVE BLOCKHOLDERS
L1.07.02.01 A Reserve Blockholder will have special blocks prepared from B767, B727‑JY, A320-JY, B747 and L1011 flights. These flights will be selected from open flying and before supplemental blocks are prepared.
L1.07.02.02 In the event the flying provided for in L1.07.02.01 is insufficient, the employee will be awarded open flights into his/her special block before normal reserve and as far in advance as possible.
L1.07.02.03 These special blocks should, where possible, be comprised of sixty‑five (65) hours of flight time.
L1.08 RETENTION OF QUALIFICATIONS: An employee who has successfully completed the In‑Charge training program for the In‑Charge classification in accordance with the provisions of this Letter of Understanding will not be required to requalify under these Articles for future entry or re‑entry into an In‑Charge classification subject to the following:
L1.08.01 If the employee has been trained and has flown in the In‑Charge classification for at least twelve (12) consecutive months and has been assessed as satisfactory during that period, no retraining is required.
L1.08.02 If the employee has been trained but has never flown as an In‑Charge, s/he will not be required to requalify. When s/he has sufficient seniority to hold a block as In‑Charge, s/he shall operate with supervisory observations for the first month. If the observations indicate that skills have diminished and training is required, the Base and Training Centre will enter into discussions concerning the training requirements and a special training package will be developed.
L1.08.03 The performance assessments provided for in L1.08.01 and L1.08.02 will be the normal work performance assessments.
L1.08.04 When the need for special training provided for in L1.08.01 and L1.08.02 is determined, such training will be compulsory.
L1.08.05 Upon completion of the foregoing process, if the employee is assessed as failing to meet requirements, the employee will be subject to demotion to the Flight Attendant classification.
L1.09 TRANSFER PROCEDURES: An employee holding seniority on the In‑Charge seniority list may file a statement of preference for transfer to another Base if there is a declared vacancy or in accordance with Article 18.06.
An employee who transfers to another Base will be eligible to bid for any In‑Charge position consistent with his/her eligibility and qualifications.