LETTER OF UNDERSTANDING 6:
L6.01 PREAMBLE: This Letter of Understanding is intended to provide administrative and technical procedures which will be implemented in the event the Company is involved in operational disruptions for reasons outlined in L6.02. In the event that there is a reasonable likelihood that there will be an operational disruption, the Company agrees to meet with the Union at the headquarters level to review and discuss the implementation of this LOU. Both parties agree that the provisions of Letter of Understanding 6 will not be applied for the purpose of resolving disputes arising out of picketing and related activities associated with work stoppages of any kind.
L6.02 OPERATIONAL DISRUPTION ‑ DEFINITION: An operational disruption is a situation where the revenue passenger operations of the Company are reduced/suspended for reasons beyond its control, caused by:
‑ a work stoppage, whether internal or external, directly affecting the operation;
‑ any situation related to the safety of passengers or employees;
‑ government or manufacturers’ directives or national emergencies;
‑ maintenance of operating equipment;
‑ supply shortages resulting in grounding of aircraft.
L6.03 OPERATIONAL DISRUPTION – CATEGORIES
L6.03.01 An operational disruption shall be defined as minor or major where the revenue passenger operations of the Company are reduced calculated on the basis of Cabin Personnel hours flown versus normal scheduled Cabin Personnel hours as follows:
L6.03.01.01 Minor: 10% to 25%.
L6.03.01.02 Major: 25% or more.
L6.03.02 Cabin Personnel hours will be calculated on the basis of the block to block flight time on each aircraft type multiplied by the average crew complement over the past twelve (12) months preceding the declaration of the operational disruption.
L6.04 MINOR OPERATIONAL DISRUPTION: In the event of a minor operational disruption, the provisions of the Collective Agreement will remain in full force and effect for that month.
L6.04.01 However, it is recognized that in situations where the minor disruption at any Base(s) precludes the normal utilization of Cabin Personnel under the provisions of Article B6.03 ‑ Reassignment, on revenue passenger operations from that Base, the Company shall have the ability to deadhead or ferry the Cabin Personnel one day prior to their scheduled duty days and deadhead or ferry them home one day after their scheduled duty days.
In the event the Company is unable to deadhead or ferry Cabin Personnel or the employees are unable to deadhead one (1) day prior to their scheduled duty days, Article B6.03 ‑ Reassignment will still apply.
NOTE: In the event a crew is drafted under the provisions of L6.04.01, the current draft rules outlined in Article B9 ‑ Draft, specifically draft to Home Base, will apply.
L6.04.02 Month Overlap: Where a minor disruption continues into a second month, the Company may publish both normal regular, reserve and supplemental blocks and blocks based on reduced operation.
L6.04.02.01 An employee may be required to operate in a lower classification. Where assigned to a lower classification, s/he shall be credited at the lowest aircraft rate within his/her regular classification.
L6.04.02.02 Cabin Personnel not awarded blocks as a result of the reduced operation will be placed on off duty status with the beginning of that block month.
L6.04.02.03 Cabin Personnel awarded reserve blocks based on the reduced operation will be awarded blocks consisting of four (4) days reserve and three (3) days off. All normal reserve conditions shall be applicable with the exception that two
(2) periods of three (3) days off will be designated on an alternate basis as absolute guaranteed days off.
L6.05 MAJOR OPERATIONAL DISRUPTION: Once a major operational disruption is declared and in effect, the following special provisions shall be applicable.
L6.05.01 The Company may place Cabin Personnel surplus to requirements at any Base on off duty status in reverse order of Cabin Personnel seniority by Base.
L6.05.02 Blockholders whose blocks are affected as a result of this disruption will be placed on reserve blocks subject to L6.04.02.03.
Cabin Personnel assigned to reserve blocks under these conditions will be paid the greater of the original scheduled block credits or flights actually flown within that month.
NOTE: A block disruption is defined as a block where, for at least four (4) consecutive duty days, flights or flight sequences are cancelled or altered.
L6.05.03 An employee may be required to operate in a lower classification. Where assigned to a lower classification, s/he shall be credited at the lowest aircraft rate within his/her regular classification.
L6.05.04 Month Overlap: Where a major operational disruption continues over a month end the normal regular, reserve and supplemental blocks shall be published for bid among Cabin Personnel including those on off duty status. In addition, a set of 4‑3 reserve blocks (as per L6.04.02.03) will be published for bid for the duration of the disruption for those Cabin Personnel retained on the payroll.
L6.05.05 Cabin Personnel on leave of absence or sick leave who are available to return after the initial off duty status will be recalled providing their seniority would have entitled them to remain on the payroll effective with the commencement of off duty status.
L6.06 OFF DUTY STATUS: The Company will consult with the Union in advance of placing any employee on off duty status.
L6.06.01 Notice: Where the Company places Cabin Personnel on off duty status under the provisions of this Letter of Understanding, a minimum of forty‑eight (48) hours advance notice shall be provided to each employee placed on off duty status.
L6.06.01.01 The effective date of off duty status will not be earlier than the effective date of the operational disruption.
L6.06.01.02 Notice may be provided verbally and confirmed later in
L6.06.01.03 Where the Company is unable to contact an employee at his/her home
address to provide this notice, notice shall be provided by telegram.
L6.06.02 Effective Date: Once notified, Cabin Personnel shall be placed on off duty status as follows:
L6.06.02.01 At 0001 hours on the calendar day after the forty‑eight (48) hours notice has expired.
L6.06.02.02 At 0001 hours after legal rest on arrival at Home Base if on duty away from Home Base and notified prior to departure or at layover point.
L6.06.02.03 At 0001 hours on the day after the termination of a scheduled vacation period if notified prior to or during vacation.
L6.06.02.04 Where specific notice has been provided and has expired prior to the effective date of the operational disruption, the employee so affected will remain on the payroll twenty‑ four (24) hours following the effective date of the operational disruption or twenty‑four (24) hours after termination of legal crew rest, whichever is later.
L6.06.03 Conditions: Once off duty status is implemented, the following conditions shall be applicable.
Cabin Personnel on off duty status shall be handled as follows:
L6.06.03.01 Sickness: Sick leave credits will not apply.
L6.06.03.02 Vacation: Cabin Personnel will be returned to the payroll for scheduled vacation.
L6.06.03.02.01 Regular holiday accumulation shall continue during off duty status. Statutory holidays will be handled in accordance with Article 8.03.
L6.06.03.03 Pay progression will be handled in accordance with Article 5.13.04.
L6.06.03.04 Insurance and Pension Premiums: The Company will maintain its share of pension and insurance premiums and will also maintain the applicable employee share. The employee share will be subject to reimbursement by payroll deduction following the employee’s return to the payroll. For purposes of calculating benefits during the employee’s absence from the payroll, average earnings from the three (3) months preceding off duty status shall be used.
L6.06.03.05 Cash Advances: Cabin Personnel shall have an option to a cash advance of two hundred and forty dollars ($240) repayable on their return to on duty status in equal amounts over six (6) pay periods. Cash advances will only be available on the fourteenth (14th) day after the commencement of off duty status, where the employee has been off the payroll for eight (8) days or more due to the disruption.
L6.06.03.06 Point of Contact: Cabin Personnel on off duty status must advise the Company of a current point of contact.
L6.07 RESUMPTION OF NORMAL OPERATIONS
L6.07.01 Recall: Recall from off duty status shall be in order of Cabin Personnel seniority by Base on the basis of operational requirements.
Cabin Personnel shall be contacted verbally at their last available point of contact and advised of their recall. If no contact can be made, notice by telegram will be sent.
L6.07.02 Employees will be placed back on the payroll as of the date of normal resumption of operation if they are available for duty on that day.
L6.07.03 Employees who cannot be contacted under the terms of L6.07.01 will be placed back on the payroll at 0001 following the date of contact or earlier if they are available to pick up their blocked flight on the day of contact.
L6.07.04 Employees who are unable to report for duty on the date required will be placed back on the payroll as follows:
Blockholders ‑ at 0001 of their first scheduled duty day for which they are available.
Reserve – at 0001 of their first scheduled reserve day for which they are available.
L6.07.05 Employees who are available for duty but are unable to pick up their blocked flights for any reason shall be subject to Article B6.03 ‑ Reassignment.
L6.07.06 Cabin Personnel are expected to be available to report for duty within forty‑eight (48) hours of resumption of operations. Cabin Personnel who do not report within forty‑eight (48) hours from time of notification may be required to substantiate their late reporting.
L6.08 RESUMPTION OF NORMAL BLOCKS, APPLICATION OF PAY
L6.08.01 Where an employee under L6.04.02 ‑ Month Overlap, resumes his/her normal block from his/her reduced operation block, s/he will be paid the greater of either block.
L6.08.02 Where an employee under L6.04.02 or L6.05.04 ‑ Month Overlap, resumes his/her normal block from his/her reserve block, s/he will be paid the greater of his/her reserve minimum guarantee applicable to his/her regular classification or flights actually flown.
L6.09 LONG TERM BLOCK DISRUPTIONS: In the event that any operational disruption continues or appears to be likely to continue in excess of one (1) month, the Company and the Union shall review the desirability of implementing the provisions of Article 17 ‑ Reduction of Forces and Recall from Layoff.
L6.10 GENERAL: The Company and the Union will discuss the situation through the period of any operational disruption to determine the appropriateness of the operational rules outlined above and may make special arrangements to adjust to the situation within the context of Article B1.01 ‑ Objectives.