British Airways and IAMAW CBA: Employment Terms & Conditions, Study notes of Business

Download British Airways and IAMAW CBA: Employment Terms & Conditions and more Study notes Business in PDF only on Docsity! COLLECTIVE AGREEMENT between ) BRITISH AIRWAYS and the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS . Transportation District 140, Local Lodges 241,3 & 2309 on behalf of CERTAIN EMPLOYEES (CLASSIFIED HEREIN) AT METROPOLITAN TORONTO, ONTARIO PEARSON INTERNATIONAL AIRPORT, ONTARIO MONTREAL, QUEBEC MIRABEL AIRPORT, QUEBEC . PIERRE-ELLIOTT~TRUDEAU AIRPORT, QUEBEC AND OTTAWA, ONTARIO BRITISH AIRWAYS ~ ' June 1, 2014 to May 31, 2017 '! TABLE OF CONTENTS PREAMBLE ................................................................................................................................................... 1 ARTICLE 1 RECOGNITION .................................................................................................................. 2 ARTICLE 2 MANAGEMENT RIGHTS ................................................................................................... 2 ARTICLE 3 UNION COMMITTEES ....................................................................................................... 3 ARTICLE 4 UNION STEWARDS .......................................................................................................... 4 ARTICLE 5 PROBATIONARY PERIOD .............................................................................................. .4 ARTICLE 6 SENIORITY ........................................................................................................................ 4 ARTICLE 7 GRIEVANCE PROCEDURE .............................................................................................. ? ARTICLE 8 ARBITRATION .................................................................................................................. 9 ARTICLE 9 HOURS OF WORK .......................................................................................................... 10 ARTICLE 10 OVERTIME .................................................................................................................. : ... 11 ARTICLE 11 STATUTORY HOLIDAYS ................................................................................................ 12 ARTICLE 12 VACATION WITH PAY .................................................................................................... 13 ARTICLE 13 LEAVE OF ABSENCE ..................................................................................................... 15 ARTICLE 14 STAFF VACANCIES AND TRANSFERS ........................................................................ 17 ARTICLE 15 TEMPORARY DUTY AWAY FROM BASE ..................................................................... 18 ARTICLE 16 UNIFORMS ...................................................................................................................... 18 ARTICLE 17 TERMINATION OF EMPLOYMENT (Excluding Montreal) ............................................ 19 ARTICLE 18 CLASSIFICATIONS ......................................................................................................... 19 ARTICLE 19 INCREMENTS ................................................................................................................. 21 ARTICLE 20 GENERAL ....................................................................................................................... 21 ARTICLE 21 SHIFT DIFFERENTIAL PAY ........................................................................................... 22 ARTICLE 22 STRIKE OR LOCKOUT ................................................................................................... 22 ARTICLE 23 MAINTENANCE OF MEMBERSHIP AND CHECK-OFF OF UNION DUES ................... 23 ARTICLE 24 MONTHLY RATES OF PAY ............................................................................................ 24 ARTICLE 25 SUPPLEMENTARY WAGE AWARD .............................................................................. 25 ARTICLE 26 PARKING ........................................................................................................................ 25 ARTICLE 27 BENEFITS ......................................................... ; ............................................................. 26 ARTICLE 28 DURATION OF AGREEMENT ........................................................................................ 27 LETTER OF UNDERSTANDING NO.1 (Excluding Montreal) .................................................................. 28 LETTER OF UNDERSTANDING NO.2 ...................................................................................................... 32 LETTER OF UNDERSTANDING NO.8 (Excluding Montreal) .................................................................. 33 LETTER OF UNDERSTANDING NO.9 ...................................................................................................... 35 LETTER OF UNDERSTANDING N0.12 .................................................................................................... 38 LETTER OF UNDERSTANDING NO. 13 .................................................................................................... 39 LETTER OF UNDERSTANDING N0.14 .................................................................................................... 41 LETTER OF UNDERSTANDING N0.15 .................................................................................... 42 2.02 Employees covered by this Agreement shall be governed by all British Airways' rules and regulations previously or hereafter issued by British Airways, which are not in conflict with the provisions of this Agreement. 2.03 Orders or notices to an employee involving a promotion or demotion, suspension or discharge, shall be given in writing to the employee and a copy will be furnished the Union. ARTICLE 3 UNION COMMITTEES 3.01 British Airways recognises the right of the Membership to elect a Union Committee in the locations covered by this Agreement mentioned below, comprised as follows: (i) Toronto and Ottawa - Not more than two (2) members, which includes the Chairperson if applicable, from Toronto Airport. (ii) Montreal -One Steward at the Montreal Airport Location. 3.01.1 British Airways will recognise and bargain with the Union Committees on any matters properly arising from time to time during the term of the Agreement and the said Committees will coope~ate with British Airways in the administration of this Agreement. 3.02 For the purposes of renegotiating this Collective Agreement the Union will form a Negotiating Committee consisting of: · Toronto· The Union Chairperson, one member from LOU 1 and one member hired after 1995. Montreal· One (1) Steward 3.03 It is mutually agreed between the parties hereto that representatives of British Airways and the Union Committees shall meet on the third Wednesday of each month, providing there is business for their joint consideration or at such other times as may be mutually agreed. Necessity for meeting will be indicated by letter seven (7) calendar days in advance of the proposed meeting from either party to the other. The letter shall contain an agenda of the subjects for discussion. 3.04 The Union shall have the right to have International Representatives of the lAM present at any meeting of British Airways' Representatives with the Union Committee. 3.05 It is agreed that the Union, within thirty (30) calendar days after the signing of this Agreement, will notify British Airways in writing, of the names of their Committee members. The Union further agrees to notify British Airways of any changes in their Committees, in writing. 3.06 Union Representatives attending negotiations will attend such meetings on Company time on a straight time basis with no overtime payment to be made. Union Representatives will advise Section/Department Heads of times and dates of meetings for negotiations. 3 \ ARTICLE 4 UNION STEWARDS 4.01 British Airways recognizes the right of the Membership to select two (2) Stewards at the Toronto airport location and one (1) Steward at the Montreal Airport loc'ation. British Airways shall be informed, in writing, of the name of each Steward so designated. Upon ' agreement between British Airways and the Union, the Union may increase the number of Stewards in the event that the Company expands or alters its operations. 4.02 Grievances shall be investigated or settled by a Steward, only during normal working hours, at his/her regular rate of pay, provided that he shall not leave his job to investigate or settle a grievance until he has first obtained permission from his Department/Section Head or superior, which will not be unreaso,nably withheld. British Airways reserves the right to take \ disciplinary action subject to the Grievance Procedure, if the Steward does not conform with the foregoing practice when dealing with grievances or if an unreasonable or abnormal amount of time is consumed in dealing with grievances. - ARTICLE 5 PROBATIONARY PERIOD 5.01 All new employees coming within the scope of this Agreement shall be required to I serve a I I probationary period of eight (8) months' continuous service with British Airways from the date ' of employment. Such probationary period may be extended by mutual agreement between the Union Committee and Management. I 5.02 a) Employees, while serving their probationary period, may be discharged or disciplined at British Airways' option and such action shall not constitute a difference between the parties 1for the purposes of arbitration, but British Airways will advise the Union of such action, if taken. · b) Employees shall not be entitled to seniority rights until their probationary period has been completed. ) ARTICLE 6 SENIORITY 6.01 I Seniority - shall mean the employee's service with British Airways, calculated from his latest date of joining the Company, within his classification, at the specific location where this Agreement is in force. Staff outside the scope of this Agreement who transfer to a classification covered under this Agreement, will have a seniority date based on the date of assignment to that classification. 6.02 Seniority, qualifications and the ability to do the work required shall govern all employees classified h_erein (and such additional classifications as may be mutually agreed between British Airways and the Union) in the case of reduction in force and re-employment after release due to reduction in force. No employee shall be returned to work after a layoff out of line with his seniority, without the mutual agreement of both parties to the Agreement. Before 4 ----------- such action is taken British Airways agrees to discuss it with the Union Committee at one of its regular meetings, without prejudice to the Rights of Management, as defined in Article 2 hereof. In the selection of employees covered by this Agreement, for advancement or promotionJor permanent vacancies, the decision shall rest with the Company provided that in the case of employees with equal ability the employee possessing the greater classification seniority shall be given preference. An employee will ,not be disqualified for a position if the sole reason is that through no fault of his own he had not received the necessary training. 1 6.03 In the event of a reduction in force calling for demotion and/or layoff, the following procedure will be followed: Subject to the provisions of 6.02 above, the least senior employee appointed to the classification 1 in which the reduction in force is necessary, shall be decla(ed redundant in that job. Such employees who have previously worked in a lower classification covered by this Agreement shall have the right to resume a position in that classification and shall be entitled to seniority in that classification dated from the original date of their appointment to that job. If, as a result of exercising this right to resume employment in a lower classification in which he had previously worked, there is a surplus of staff in that classification, then the least senior employee in that classification shall be redundant. 1 _ \ I This process shall continue so long as redundant 'employees have previous seniority in lower classifications. The persons to be laid off will then be the most junior in the lowest classification. '6.03.1 In the event that an employee who is redundant in any classification has no previous seniority in any other classification, he shall be eligible to be considered for employment in another classification only where a vacancy exists, and providing he has the necessary qualifications. If no such vacancy exists, he shall be laid off with recall rights in accordance with this Agreement. ' 6.03.2 Notwithstanding the provisions of paragraph 6.03.1, an employee who is redundant in his present classification will be eligible to displace an employee in the same or lower pay scale Jor which he hasjhe basic qualification, even though he may have no previous service in that classification. 6.04 An employee who is reclassified or promoted will be given an appropriate training period and hence given a minimum of thirty (30) days in his new classification to demonstrate his ability to perform the job in a satisfactory manner, and if he fails to give satisfaction in the new classification, will be told the reasons, in writing, why he is not considered suitable for retention in that job. 5 calendar days following receipt of the grievance. Within ten (1 0) calendar days thereafter Senior Vice President People and Organizational Delivery N.A. or delegate shall advise the Company's final decision in writing to the employee concerned and the Union. 7.04 General1 If the decisions as announced by British Airways' officials under the Grievance Procedure, Article 7, are not appealed within the time limits prescribed herein, the decision of British Airways' officials shall become final and binding. If the Company fails to make a decision within the time prescribed, the grievance shall be conceded. Time limits may be extended by written mutual agreement. General2 If, as a result of any hearing or appeal therefrom, as provided for herein, an employee is exonerated, he shall if he has been held out of service, be reinstated without loss of seniority, vacation and holidays and he will be paid for such time lost in the amount which he would have ordinarily earned, had be been continued in service during such period, and his personnel record shall reflect such change. General3 At any such hearing or appeal, the employee concerned shall have the right to be present, accompanied by a Union Committee person/Steward. General4 The employee, Union Committee and British Airways may have any witnesses present who can give evidence on the matter in question. GeneralS Employees of British Airways who are involved in any hearing or appeal therefrom shall, without prejudice, be given leave of absence or sufficient time off work in order to permit them to appear as witnesses. Payment of basic salary for such leave of absence or time off from work will be made by British Airways. GeneralS The provisions of the Grievance Procedure, Article 7, shall be applicable in the case of a grievance lodged by a group of employees. General7 Arbitration shall be applied in all grievances taken up through the Grievance Procedure which are not settled through such procedure, as herein provided. GeneralS An employee discharged, disciplined, or penalised for cause or alleged violation of British Airways' rules or regulations shall have the right to lodge a grievance in the manner and to the extent herein provided. 8 General9 Whenever an employee is discharged or suspended, he will be given an opportunity of an interview with a Steward or Committee Member before he is required to leave the British Airways' premises and the employee shall be so advised, provided that, if, because of the nature of the offence it is necessary to require the immediate expulsion of an employee from British Airways' premises, then a Steward or Committee Member will be notified and he will be given an opportunity to interview the discharged or suspended employee at some convenient location. Should the Union protest the discharge or suspension of such an employee, as a grievance, it shall be handled at the second step of the Grievance Procedure and placed upon the agenda of the next meeting between the Union Committee and British Airways' Representatives. General10 In the event of a difference of opinion between British Airways and the Union, as to the interpretation of any article or clause in this Agreement, the matter may be referred by either party to Arbitration in the same manner as a grievance of any employee. General11 Grievances will be heard at the location where the grievor or Union initiated the grievance unless otherwise mutually agreed by the parties hereto. General12 The Company shall at all times keep the Union advised of the specific person(s) in management the Company assigns to each step of the grievance procedure. ARTICLE 8 ARBITRATION 8.01 If, after exhausting the provisions of the Grievance Procedure, the Union is dissatisfied with the decision of the British Airways' officials, the Union may notify British Airways within twenty (20) calendar days of the receipt of the decision rendered in Article 7, paragraph 7.03 of the Grievance Procedure that Arbitration is desired. 8.02 The Arbitrator shall be selected by mutual agreement between British Airways and the Union within five (5) work days of receipt of the written statement required. 8.03 If the parties fail to select an Arbitrator, as provided in 8.02 above, either party, within five (5) work days thereafter, may request the Minister for Human Resources Development Canada to appoint an Arbitrator. 8.04 Subject to mutual agreement between British Airways and the Union, the time limit provision in paragraphs 8.02 and 8.03 may be extended up to a maximum offourteen (14) work days. 8.05 The fees and expenses of the Arbitrator shall be borne equally by the parties to the Arbitration. 9 8.06 The Arbitrator shall not have jurisdiction to change by his decision, in whole or in part, the provisions of this Agreement. The Arbitrator, however, in respect of a grievance involving a penalty, shall be entitled to modify such penalty as, in his opinion, is just and equitable. 8.07 The proceedings of Arbitration will be expedited and the decision of the Arbitrator will be final and binding. ARTICLE 9 HOURS OF WORK \ 9.01 Eight (8) consecutive hours shall constitute a standard work shift inclusive of meal and rest periods. The standard work week shall be forty (40) hours. Employees shall have eight (8) assigned days off every four (4) week roster period. The Company shall have the absolute discretion to determine whether days off will be taken on consecutive or individual days. Employees shall not work in excess of eight (8) consecutive days without having days off, unless this time is extended by mutual agreement. (Excluding Montreal) 9.02 Employees covered by this Agreement who work shifts shall be rotated between day, evening and/or night shifts according to schedules mutually acceptable to British Airways and the majority of employees in the section or Department involved, except when extenuating requirements of the service dictate otherwise. 9.03 The normal starting and stopping time for work shifts will be scheduled and posted, in advance, covering a one (1) month roster period, in each Unit/Section unless mutually agreed by the majority of staff in the Unit/Section concerned, and shall not be changed without five (5) calendar days' notice, in writing or in person, to an employee affected by the change, except in the case of emergency, training or unplanned situation. 9.04 Employees who have been required to work fourteen (14) consecutive hours will be given a rest period of at least twelve (12) hours before being required to report to work again. In the event that this rest period extends into his regular work shift, the employee will be paid for such time ·last at straight tlme rates. If an employee is required to return to work prior to receiving twelve (12) hours rest he will be paid at the applicable overtime rate until such time as he would have completed his twelve (12)) hours rest. There will be no pyramiding of overtime, ie an employee cannot exceed the applicable overtime rate. 9.05 Normal rostered shifts will provide a period of twelve (12) hours off, measured between the scheduled end time of their previous shift and the scheduled start time of their next shift. This language will not apply when an employee changes his/her normal starting times as a result of a new roster period. 9.06 Employees shall be scheduled to a forty-five (45) minute meal period. Any emploYree (either full-time or part-time) who works an eight (8) hour shift is entitled to a forty-five (45) minute lunch break and two (2) fifteen (15) minute breaks. No time restrictions. This right to be reasonably exercised. (Excluding Montreal) If part-time employees work in excess of five (5) hours, they shall receive either a-half (1/2) hour paid lunch, a time credit or credit towards their tirrle bank. _, 10 11.02 1) Employees for whom the holiday is by roster a normal work day will be credited at the rate of time and one half for hours worked in addition to a credit of eight (8) hours in lieu of compensatory time off. 2) Employees who are not rostered on but who are required to work on a Statutory Holiday, will receive in addition to a credit of time and one half for hours worked, a credit of eight (8) hours in lieu of compensatory time off. 3) Employees for whom the Statutory Holiday is a normal rostered day off, and who are not required to work, will receive a credit of eight (8) hours in lieu of compensatory time off. 4) Employees who are rostered on, but released for the Statutory Holiday will receive a credit for a normal day. 5) Notice of advice of the day to be observed as a legal holiday will be posted on all Staff Notice Boards, not later than fourteen (14) calendar days prior to the day selected and all staff required to work will be duly notified. 11.03 Specific authorisation by the employee's Department/Section Head shall be required for all work performed on the day of observance of one (1) of the above holidays in order that the employee may be eligible for holiday pay. 11.04 Each of the above holidays &hall be observed on the day upon which it falls unless otherwise declared by the Government of Canada or the Provincial Government as appropriate. 11.05 An extra day will be added to the employees' paid vacation if such holiday falls within his vacation period. 11.06 Employees shall have the option of taking compensatory time off, at a mutually convenient date, or being remunerated in lieu of such compensatory time off. This provision shall also apply to employees on training courses, temporary courses or on temporary duty away from their base station. ARTICLE 12 VACATION WITH PAY 12.01 All employees covered by this Agreement shall be entitled to a paid vacation at their regular rate of pay exclusiv~ of premiums on the following basis: 1) The vacation year shall be from 1st April to 31st March subject to the terms of LOU 15 2) Employees who have completed six (6) months' continuous service are entitled to one (1) working week's vacation (5 days) and for one (1) years' service (10) ten days. Pay in lieu of vacation is not admissible except on termination of employment as defined below. 12.02 Employees who have served six (6) months or more of continuous service are entitled to Annual Vacation on the following basis: 13 After one (1) calendar month's service: 1 day After two (2) calendar month's service: 2 days After three (3) calendar month's service: 3 days After four (4) calendar month's service: 4days After five (5) calendar month's service: 4 days After six (6) calendar month's service: 5 days After seven (7) calendar month's service: 6 days After eight (8) calendar month's service: 7 days After nine (9) calendar month's service: 8 days After ten (1 0) calendar month's service: 8 days After eleven (11) calendar month's service: 9 days' After twelve (12) calendar month's service: 10 days 12.03 Employees who have completed five (5) calendar years' continuous service with British Airways are entitled on the anniversary of their date of employment, as shown on the records of British Airways, to twelve (12) work days' vacation. 12.04 Employees who have completed six (6) calendar years' continuous service with British Airways are entitled on the anniversary of their date of employment, as shown on the records of British Airways, to fifteen (15) work days' vacation. 12.05 Employees who have completed fifteen (15) calendar years' continuous service with British Airways are entitled on the anniversary of their date of employment, as shown on the records of British Airways, to nineteen (19) work days' vacation. Effective April1, 2012 for Non-LOU no.1 members. 12.06 It is understood that should an employee be granted vacation in excess of entitlement and then resign before excess vacation has been earned, British Airways has the right to recover payment for the unearned vacation from the final pay of the employee. ' 12.07 Annual vacation will be applied for and taken in accordance with British Airways' Staff Regulations; vacation entitlement shall not be diminished during the life of this Agreement. 12.08 Initial applications for annual vacation must be submitted in writing by employees to their Section Head by February 1st. All such initial applications must be for periods comprising one (1) or more complete calendar weeks (i.e. Sunday through Saturday). Approval or rejection 14 of such initial application, which will be based on British Airways' seniority within units, will be confirmed by Section Head or his nominated deputy by 28th February. Any such initial applications made by 1st February and not approved or rejected by 28th February will be deemed to have been approved. Any initial application made and rejected may have a further two (2) weeks to re-submit days and these will be given priority over those who did not submit initial applications. Applications for vacation submitted after February 1st will be considered on a first-come, first­ , served basis. The application process for vacation in the calendar years 2016 and 2017 will be subject to the terms of LOU 15. 12.08.01 Cancellation of annual leave will be permitted provided such cancellation is made at least one (1) month prior to such date of annual leave and such leave can be reassigned and approved. The Company shall use its best reasonable efforts in granting such reassignments at the employee's next most desirable time. The parties agree to cooperate with each other to meet the objectives of this clause. · 12.08.02 In cases of legitimate sick leave (which must be supported by a doctor's note), cancellation of annual leave will be permitted provided that cancellation is made prior to such date of annual leave, and the leave is capable to being reassigned. The Company shall use its best reasonable efforts in granting such reassignments at the employee's next most desirable time. The parties agree to cooperate with each other to meet the objectives of this clause. 12.09 Requests for vacation will be granted on a basis of British Airways' seniority. However, senior employees will not be permitted to take vacation already assigned to a junior employee. 12.10 Where a vacation previously approved is cancelled because of British Airways' requirements, such vacation will be rescheduled to the satisfaction of the employee concerned or, at the discretion of the employee, may be carried forward to the following vacation year, subject to the exigencies of the service. Under normal circumstances vacation will not be cancelled without forty-two (42) calendar days' notice to the employee. 12.11 No employee shall have his vacation entitlement reduced because of a temporary layoff. ARTICLE 13 LEAVE OF ABSENCE 13.01 British Airways may grant leave of absence of up to ninety (90) calendar days without pay, to an employee for legitimate personal reasons and any person who is absent with written permission shall continue to accumulate seniority, except for pay and vacation purposes, during this absence. It is agreed that British Airways will provide the Chairperson of the Union Committee with a copy of each leave of absence authorisation of twenty-one (21) or more calendar days. 15 14.03 Employees may be transferred from time to time to sales offices and stations within Canada. If the transfer is at the employees' request, all moving and transportation costs will be borne by him and if transportation is available over British Airways' routes, it may be provided at the discretion of British Airways. However, if the transfer is at the request of British Airways, moving expenses will be paid for the employee and his family and all allowable items of furniture. Employees who are the successful applicants to a Staff Vacancy Notice which involves transfer between base areas, may claim disturbance allowance as designated by Staff Regulations. 14.04 Employee transfers to points outside Canada will not be made except when specifically requested by British Airways. ARTICLE 15 TEMPORARY DUTY AWAY FROM BASE 15.01 When an employee regularly employed at one station, is assigned by British Airways to temporary duty away from his base station, such assignments shall be voluntarily accepted by the employee concerned. 15.02 Where transportation, meals and lodgings are not provided by British Airways, expenses will be allowed in accordance with British Airways subsistence rates. 15.03 Employees who travel to the UK to attend a course or on a temporary posting, will be granted one (1) day compensatory time off, where the return travel is affected on the employee's own time. This day is to be taken the first rostered day after return. Where an employee arrives in the UK on a rostered day off, an additional compensatory day off will be granted, to be taken on a date mutually convenient to the employee and his/her Section Head. Employees who travel within N.A. to attend a course or on a temporary posting will be paid the total scheduled flight time plus one (1) hour each way all at straight time. ., ARTICLE 16 UNIFORMS 16.01 Where uniforms, suitable protective outer garments and rain suits are required, the provisions of British Airways' Uniform Regulations shall apply, except that coveralls, when required, will be furnished and laundered by British Airways at no cost to the employee. Subject to UK Head Office approval, British Airways will purchase suitable winter coats. 16.02 Employees who are required by British Airways to wear a uniform will be granted an allowance of $25.00 per calendar month. 16.03 CSA's who are newly trained to perform TRC duties will be reimbursed initially for one (1) pair of summer and one (1) pair of winter safety shoes up to $100 each. The Company, upon submission of receipts, will reimburse up to $100 every twenty-four (24) months for replacement of each pair. 18 r----------------------------- ARTICLE 17 TERMINATION OF EMPLOYMENT (Excluding Montreal) 17.01 An employee whose probationary period is complete and whose services are terminated through no fault of his own including redundancy, will be advised of such termination four (4) weeks in advance, or will be given four (4) weeks' pay in lieu of such notice. This provision shall not be effective for temporary lay-offs not to exceed seven (7) calendar days or for any cessation of work caused by an Act of God, or any cause over which British Airways has no control. 17.02 Employees wishing to resign from British Airways shall do so in writing, to British Airways two (2) weeks prior to the effective date of resignation. British Airways shall have the right to have the employee work out the two (2) weeks or give the employee two (2) weeks' pay and accept the resignation on its presentation. 17.03 All employees, including probationers, shall be given written reasons for discharge at the time such action is taken. A copy will be provided to the Union. 17.04 Should British Airways, during the life of this Agreement, transfer to another organisation any function presently performed by an employee covered under the terms of this Agreement which would result in the elimination of his job from the bargaining unit, British Airways will discuss with the Union Committee and a representative of the International Union the possibilities of his being · offered alternative employment by British Airways or the organisation to which the function has been transferred. 17.05 In the event that an employee who has completed one (1) or more year's service is laid off due to a reduction in staff, he/she will be granted severance at the rate of two (2) weeks' pay for each year of service to a maximum of eighteen (18) months. Severance pay shall not be paid: 1) To an employee who resigns; 2) To an employee who is dismissed for cause; 3) To an employee who does not work out, when required to do so, the period of notice given to him/her under this Agreement. 4) To an employee who is temporarily laid-off due to a strike or picketing of premises where British Airways carries on business. ARTICLE 18 CLASSIFICATIONS 18.01 Classifications covered by this Agreement are as follows: Customer Service Agent Senior Customer Service Agent 19 18.02 An employee covered by this Agreement may be assigned to perform duties of a higher classification for limited periods where a permanent establishment vacancy exists. Should any total cumulative period exceed fifteen (15) work days in a calendar year British Airways shall either reclassify the employee to the higher classification or return him to the duties of his classification. Should such employee be reclassified on completing fifteen (15) work days of a higher classification, his pay will be adjusted in the higher classification effective the sixteenth (16th) day at the applicable rate of such classification. In the event that an employee is performing duties in a higher classification on 31st December and continues to perform such duties on consecutive days from 1st January of the following year, then those consecutive days will be added to those already accumulated in the previous year for the purposes of this paragraph. 18.02.01 An employee covered by this Agreement may be assigned to perform duties of a higher classification for temporary periods to cover absences due to vacation, sickness or leave of absence. Should such temporary assignments exceed fifteen (15) work days in a calendar year, his pay will be adjusted to the applicable rate for the said higher classification and payment will be made retroactively for the fifteen (15) days already worked. The increase so provided for will be approximately equal to one (1) increment. 18.03 1) An employee covered by this Agreement may be requested to perform non-bargaining unit work of a non-supervisory I non-managerial nature. If the job so performed falls within a salary scale higher than the employee's normal salary then his pay will be adjusted to the applicable rate in the higher scale and the rate increase so provided will ·be approximately equal to one (1) increment, but in any event will not be less than five percent (5%) over his current basic salary rate. 2) An employee covered by this Agreement may also be requested to perform non­ bargaining unit work of a supervisory/managerial nature. Should the total cumulative period of such assignment(s) exceed eight (8) work days in a calendar year, the employee will receive a revised rate of remuneration to be jointly agreed between Management, the employee and the Union Chairperson. Such remuneration will apply to each day he has performed such supervisory I managerial work, and will be based on his current basic daily salary plus a minimum premium of five percent (5%). Employees who accept a temporary assignment will perform ·all the supervisory duties of the role and have the authority to fulfill the responsibilities associated with the role but will not have to be involved in formal disciplinary actions of any other employee. 18.04 At no time shall an employee have his salary reduced because of a temporary assignment to a classification for which the rate of remuneration is lower than that in which he is regularly assigned. 18.05 Each employee covered by this Agreement shall be classified under the classification appropriate to the occupation in which he is normally engaged. 18.06 When new positions are created that fall within the scope of this Agreement, rates of pay shall conform to rates established by this Agreement where the duties are relatively the 20 ARTICLE 23 MAINTENANCE OF MEMBERSHIP AND CHECK-OFF OF UNION DUES 23.01 All employees now or hereafter employed in the classifications covered by this Agreement, shall, as a condition of continued employment in such classifications become and remain members in good standing in accordance with the Constitution and Bylaws of the Union. 23.02 (a) Membership in the Union shall be available to any employee eligible under the constitution of the Union on payment of initiation or reinstatement fees uniformly required of all other such applicants by the Union Local. Membership shall not be denied on the basis of any prohibited ground under the applicable Human Rights Legislation. (b) New employees shall make application for membership in the Union at the time of their hiring and shall become members of the Union after they have paid the required initiation fee prescribed in the Unions' bylaws. They must remain in good standing as a condition of employment. Such completed applications shall be sent to the Secretary-Treasurer of the Local Lodge forthwith. (c) During initial new hire training, a member of management shall introduce the. new employee to his/her Union Chairperson or designee. Where more than one (1) employee has been hired in a period of time the meeting will include all new hires. The meeting shall not exceed thirty (30) minutes in length. The Union Chairperson or designee will provide him/her with a copy of the Collective Agreement and will ensure Union applications are completed by such new hires and forwarded to the appropriate Union office. 23.03 The Company agrees that all employees covered by this Agreement shall have monthly dues deducted from their wages as a condition of employment: The deduction of Union dues shall commence with the first pay. The deduction will be split evenly over each pay period per month. 23.04 The Company agrees to deduct Union Dues in the amount prescribed by the Union to the Company in writing from time to time. Such deductions shall be remitted by cheque or electronic fund transfer to Transportation District 140 of the Union by the fifteenth (15th) day of each month following the month hi which the deductions were made. The Union will notify the Company in writing of the name of the Union Official to whom the money so deducted shall be sent. The monies so deducted are deemed to be trust monies belonging to the Union. 23.05 If the wages of an employee payable on the payroll are insufficient to permit the deduction of the full amount of dues, no such deduction shall be made from the wages of such employee by the Company in such pay period. 23.06 Payroll deductic;ms required by Law, deductions of money due or owing to the Company including repayment of payroll errors and deductions for Medical and Group Insurance shall take precedence over the deduction of Union Dues when the wages payable are insufficient to permit the deduction of Union Dues. 23 23.07 The Company will, at the time of making each remittance hereunder to the Secretary­ Treasurer of the Union supply a statement showing the following information from whose pay deductions have been made; (a) All monthly dues for members to be submitted in alphabetical order by name with hire date, classification, hourly rate, dues deducted and employment status; (b) The Company further agrees that it will supply all such information by way of electronic mail (e-mail) and a hard copy, if so requested by the Union. 23.08 The Company will show the amount of the dues deducted on T-4 slips issued to employees. 23.09 When requested in writing, the Company will provide to the Union within ten (10) calendar days a list of member's names and wage rates. 23.10 British Airways shall not be responsible financially or otherwise either to the Union or to any member, for any failure to make deductions or for making improper or inaccurate deductions or remittances. However, in any instance in which an error occurs in the amount of any deduction of dues from an employee's wages, British Airways shall adjust it directly with the member. In the event of any mistake by British Airways in the amount of its remittance to the Union, British Airways shall adjust the amount in a subsequent remittance. British Airways' liability for any and all amounts deducted pursuant to the provisions of the Article shall terminate at the time it remits the amounts payable to the Union. 23.11 In the event of any action at law against the parties hereto resulting from any deduction or deductions froin payrolls made or to be made by British Airways pursuant to this Article of the Agreement, all parties shall cooperate fully in the defence of such action. Each party shall bear its own cost of such defence except that if, at the request of the Union, counsel fees are incurred, these shall be borne by the Union. Save as aforesaid, the Union shall indemnify and save harmless British Airways from any losses, damages, costs, liabilities or expenses suffered or sustained by it as a result of any such deduction or deductions from payrolls. ARTICLE 24 HOURLY RATES OF PAY Toronto & Montreal Pay Rates· Effective June 1, 2014 2014 2015 2016 2017 1st Year ' $13.31 $13.31 $13.31 $13.31 2nd Year $14.60 $14.60 $14.60 $14.60 3rd Year $15.76 $15.76 $15.76 $15.76 4th Year $17.02 $17.02 $17.02 $17.02 5th Year $18.38 $18.38 $18.38 $18.38 6th Year $19.85 * $19.85 * $19.85 * $19.85 7th Year $20.62 ' * $20.62 * $20.62 * $20.62 24 / • Any employee presently at $20.62, $25.51 or more, per hour will be red-lined at their current ~ hourly rate • *Current staff who were hired before August 1, 2011 will continue to progress through the scale to $20.62 • The wage scale is capped at $18.38 per hour for all other current members • Three percent (3%) lump sum for all non-LOU 1 members who are red-lined as of May 31, 2016 ~ • Lump sum payment of $1000 to all current bargaining unit staff following ratification of the new Agreement New Hire Pay Rates Toronto and Montreal· Effective the Date of Ratification (March 16, 2015) 2015 2016 2017 New Hire 1st Year $13.31 $13.31 $13.31 2nd Year $13.95 $13.95 $13.95 3rd Year $14.60 $14.60 $14.60 4th Year $15.18 $15.18 $15.18 5th Year $15.76 $15.76 $15.76 6th Year $16.39 $16.39 $16.39 7th Year $17.02 $17.02 $17.02 8th Year $17.70 $17.70 $17.70 9th Year $18.38 $18.38 $18.38 ARTICLE 25 SUPPLEMENTARY WAGE AWARD 25.01 In the event that ninety-one percent (91 %) or more bargaining unit employees are hired after March 1, 1995, all salary scales will be increased by one percent (1%) with effect from the first day of the month following in which the ninety-one percent (91 %) threshold is achieved. (Excluding Montreal) ARTICLE 26 PARKING 26.01 Parking paid one hundred percent (100%) by the Company. ARTICLE 27 BENEFITS 27.01 Pension Plan 1) The Company has an established Pension Plan referred to as the "British Airways Pic Employees' Pension Plan (Canada)", in which employees covered under this Collective Agreement shall be permitted to participate. 25 I / LETTER OF UNDERSTANDING N0.1 (Excluding Montreal) Employees Hired Before 01 March 1995 The provisions of the Agreement applicable to employees hired prior to March 1, 1995 will follow in Letter of Understanding No. 1. These terms and conditions will remain in effect for employees hired prior to March 1, 1995 unless changed through mutual agreement at subsequent contract negotiations or all applicable employees have attrited from the Company. LOU 1.01 Employees hired before March 1, 1995 are subject to all provisions in the current agreement, including all Letters of Understanding, subject to th~ following amendments: (i) Article 9 - Hours of Work · ... The provisions in Article 9.01 will n·ot apply. The following clause will apply: I Eight (8) consecutive hours shall constitute a standard work shift inclusive of meal and ,rest periods. The standard work week shall be forty (40) hours. Employees shall have eight (8) assigned days off every four (4) week roster period. Days off shall be allotted in blocks of two (2) or more consecutive days equalling not less than fifty-six (56) hours unless mutually agreed between the employees and their respective supervisors. For the implementation of consecutive days off the adjoining roster period may be used. Employees shall not work in excess of eight (8) consecutive days without having days off, unless this time is extended by mutual agreement. (ii) Article 1 0 - Overtime The provisions of Article 10 .. 07 (1) will not apply. The following clause will apply: An employee who is called to work on his scheduled day off will be paid a minimum of four (4) hours at time and one-half. Hours worked in excess of the guarantee will be paid in accordance with 10.01 and 1 0.02. (iii) Article 11 - Statutory Holidays ' The provisions of Article 11.01 will not apply. The following clause will apply: The following statutory holidays will be granted as paid holidays to employees covered herein. · Toronto I Montreal 1. New Year's Day I New Year's Day 2. Good Friday I Good Friday 3. Victoria Day I Victoria Day 4. Canada Day I St. Jean Baptiste Day 28 ( 5. August Civic Holiday I Canada Day 6. Labour Day I Labour Day 7. Thanksgiving Day I Thanksgiving Day 8. Christmas Day I Christmas Day 9. Boxing Day I Boxing Day 10.& 11. Three (3) personal floating holidays to be taken on a mutually convenient date within the leave year. (iv) Article 12 - Vacation The provisions of Article 12.03 will not apply. The following clause will apply: Employees who have completed three (3) calendar years' continuous service with British Airways are entitled on the anniversary qf their date of employment, as shown ' on the records of British Airways, to fifteen (15) wgrk days' vacation with pay. The provisions of Article 12.04 will not apply. The following clause ·will apply: Employees who have completed eight (8) calendar years' continuous service with British Airways are entitled on the anniversary of their date of employment, as shown on the records of British Airways, to twenty (20) work days' vacation with pay. Wherever p0ssible, this will be granted as a consecutive period, but this may be subject to work requirements. 1) Employees who have completed fifteen (15) calendar years' continuous service with British Airways are entitl~d on the anniversary of their date of employment, as shown on the records of British Airways, to twenty-six (26) work days' vacation with pay. Wherever possible, this will be grimtea as a consecutive period. 2) Employees who have completed twenty (20) calendar years' continuous service with British Airways are entitled on the anniversary of their date of employment, as shown on the records of British Airways, to twenty-seven (27) work days' vacation with pay. 3) Employees who have completed twenty-five (25) calendar years' continuous service with British Airways are entitled on the anniversary of their date of ' employment, as shown on the records of British Airways, to twenty-eight (28) work days' vacation with pay. 29 --------------------------------------- (v) Article 17- Termination of Employment The provisions of Article 17.05 will not apply. The following clause will apply: In the event that an employee who has completed one (1) or more years' service is laid off due to a reduction in staff, he/she will be granted severance at the rate of three (3) weeks' pay for each year of service to a maximum of fifteen (15) months' pay. In the event that more than fifty-one percent (51%) of bargaining unit employees were hired after March 1, 1995 at the time of layoff, the notice period applicable will be increased from two (2) weeks to six (6) weeks. Severance pay shall not be paid: 1) To an employee who resigns; 2) To an employee who is dismissed for cause; 3) To an employee who does not work out, when required to do so, the period of notice given to him/her under this Agreement; 4) To an employee who is temporarily laid-off due to a strike or picketing of premises where British Airways carries on business. (vi) Article 24- Monthly Rates of Pay Refer to Article 24 of the Collective Agreement (vii) Reduced Work Week - Article 9 - Hours of Work The following Hours of Work clause will apply to RWW employees in lieu of the provision of Article 9. The Company will guarantee employment for a RWW employee a minimum of ninety­ six (96) hours in full days to a maximum of one hundred and twenty-eight (128) hours per four (4) week period and rostering within this period will be at the Company's discretion. In addition to the minimum guaranteed hours the Company may roster employees to work one partial work day [i.e. less than eight (8) hours] not more than once per four (4) week period. The Company will endeavour to roster RWW employees for three (3) or four (4) days per week whenever possible. Any subsequent change to such hours will be dependent upon agreement between British Airways, the employee and the Union Representative. Whenever a RWW Employee's roster is changed from three (3) days to four (4) days per week (or vice versa) the Company will advise the RWW Employee at least twenty-one (21) calendar days in advance, and will allow that employee to cancel his vacation up to twenty-one (21) calendar days before the start of the vacation period. For training purposes, the ~aximum one hundred and twenty-eight (128) hours will not apply. 30 LETTER OF UNDERSTANDING NO.8 (Excluding Montreal) Article 18 - Classification Deletions Further to our conversation of 11th July 1989 regarding our proposal No. 8, Article 18 - Classifications, the Company has listed in this proposal all of the current scales, job titles and monthly pay ranges and has not listed those job titles that are no longer being used. It is the intent of the Company to simply "clean up" this section of the labour agreement and eliminate job titles that are no longer applicable. It is not the intent of the Company to back fill these job titles or in any way attempt to reinstitute any of these titles outside the bargaining unit. If such jobs are re-instated they will go back under the collective bargaining agreement. The following classifications have been removed: Accounts Clerk I Accounts Clerk II Accounts Clerk/Typist Airport Special Service Agent Cargo Accounts AgenUSteno Cargo Agent Clerk/Cashier Customs Clerk Data Entry Clerk Marketing Clerk Sales Assistant Senior Cargo Agent Station Agent Senior Station Agent I Senior Station Agent II Station Agent Ops (current Station Agent) 33 ( Stenographer Stenographer/Dictaphone Typist/Clerk Mail Clerk Receptionist/Typist Reservations Sales Agent Senior Reservations Sales Agent Dated this 16th day of March 2015 BRITISH AIRWAYS ~rz~ Mic~elle Ehrlich Senior VP, People Americas Rco~emary;Hughes VP, People Americas 34 \ -INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS cal. La ge 2413 chael Corrado General Chairperson, District Lodge 140 . "' George Kuehn! General Chairperson, District Lodge 140 ( \. LETTER OF UNDERSTANDING NO.9. Part-Time Employees - Pearson International Airport and Pierre-Elliott-Trudeau Airport The following proposals concerning the employment of Customer Service Staff at Pearson International and Pierre-Elliott-Trudeau Airports are made without prejudice to British Airways' ability to decide upon the most economic method of undertaking the work. . \ LOU 9.01 The Company will employ P.T. employees at Pearson International Airport as a v standard means of conducting business. LOU 9.02 The provisions of the current Agreement between British Airways and the IAMAW, including Letter of Understanding No. 1 for employees hired before March 1, 1995, will apply to P. T. employees subject to th'e following amendments: (i) Article 6 - Seniority A separate seniority list of P.T. employees by classification will be posted semi­ annually. P.T. seniority will be based on date of hire. P.T. employees will be laid-off according to seniority. ' (ii) Article 9 - Hours of Work The following Hours of Work clause will apply to P.T. employees in lieu of the corresponding provisions of Article 9. Employees will be guaranteed a minimum of eighty (80) hours per month except for February where seventy-two (72) hours will be guaranteed. The Company reserves the right to reduce guaranteed hours to sixty (60) per mon'th in the event of a flight reduction. Employees who are affected by a reduction in hours will retain health benefits. (iii) Article 1 0 - Overtime All overtime clauses apply to P.T. employees. - Due to the nature of the operation and the percentage of P.T. employees, overtime will be recruited from staff irrespective of part-time or full-time status. Overtime will be distributed on an equitable basis c;~mongst the employees where the overtime is required. Employees on duty at Airport location will be canvassed before calling others in. Time Bank provisions will apply to P.T. employees except that Time Bank will be accumulated on the same basis as overtime payment. Employees will be paid monthly for any time worked in excess of the agreed hours. Such overtime will be paid at straight time rates except where work is performed in excess of eight (8) hours in any continuous twenty-four (24) hour period, in which case the P.T. employee will be paid as full-time employees. 35 LETTER OF UNDERSTANDING N0.12 Reduced Workweek Roster - The Company will have the option to employ a reduced workweek roster during the winter flight schedule period. The reduced workweek roster will be applicable only to full-time employees. The Company will roster reduced workweek employees to four (4) days per week and those employees will be paid for actual hours worked. A normal paid workweek will consist of thirty-two (32) hours. A roster for reduced workweek employees will be published per the terms of Article 9.03 and a copy furnished to the Chairperson of the Union Committee. While an employee is on a reduced workweek roster, the Company will continue to pay medical premiums as if the employee was working an unreduced workweek. Vacation and sick leave will continue to accrue and be used as if the employee was working an unreduced workweek. If the Company decides to offer a reduced workweek roster and sufficient full-time staff do not volunteer to work the reduced workweek for the winter flight schedule period, the Company will have the right to assign up to three (3) full-time employees to the reduced workweek roster for the winter flight schedule period. Those three (3) full-time employees will be assigned according to seniority (i.e. the least senior full-time employees will be assigned to the reduced workweek roster). ' Dated this 16th day of March 2015 BRITISH AIRWAYS ~)~ Senior VP, People Americas Rosimary Hu.{heS VP, People Americas 38 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS 2413 Michael Corrado General Chairperson, District Lodge 140 ~t? ZI'~JJ George Kuehn! General Chairperson, District Lodge 140 LETTER OF UNDERSTANDING N0.13 Hiring of Customer Service Agents at Pierre Elliott Trudeau Airport The provisions of the current Collective Agreement between British Airways and IAMAW (the "Collective Agreement") will apply to any Customer Service Agents employed by the Company at Pierre Elliott Trudeau Airport (the Montreal airport location) except to the extent that such provisions are declared herein not apply, are replaced or supplemented by the terms of this Letter of Understanding. 1) The following provisions of the Collective Agreement will not apply to Customer Service Agents employed at the Montreal airport location: Article 2.01 (second paragraph), Article 9.01, Article 9.06, Article 17, Article 20.01, Article 25.01, Letters of Understanding 1 and 8. The provisions of Letter of Understanding #9, will apply to part-time employees at Pierre-EIIiott­ Trudeau Airport, with the exception of LOU 9.04 (which will not apply). 2) The following provisions of the Collective Agreement are replaced by the provisions set out below: i) Article 9 - Hours of Work Article 9.01 is replaced with the following: "Eight (8) consecutive hours of work shall constitute a standard work shift, inclusive of rest periods and exclusive of the daily meal period. The standard hours of work shall be forty (40). Employees shall have eight (B) assigned days off every four (4) week roster period. The Company shall have the absolute discretion to determine whether the days off will be taken on consecutive or individual days. Employees shall not work in excessive of eight (8) consecutive days without having days off, unless this time is extended by mutual agreement." Article 9.06 is replaced by the following: "Employees at the Montreal airport location will have a thirty (30) minute unpaid lunch break to be taken at a time directed by the Company having regard to operational requirements. For certainty, the thirty (30) minute unpaid lunch break shall not be included in determining the employees' hours of work for any purpose." 3) The remaining provisions of the Collective Agreement will apply with any modifications to place names and references that may be necessary. 4) The parties agree that the terms of this Letter of Understanding will be administered by International Association of Machinists and Aerospace Workers (IAMAW), Eastern Region. 39 ~~~~~~~~~~~~~~~~~~~~---~~ / 5) (a) The Company reserves all rights to serve its passengers in the future by any means the Company determines appropriate including through the engagement of third party service providers. Other than the requirement following in paragraph (5)(b), the Union agrees that it will not rely on the employment of Customer Service Agents pursuant of this Letter of Understanding to grieve or otherwise challenge any decision of British Airways to provide customer service in whole 6r in part through the engagement of a third' party service provider or otherwise. 5) (b) In the event of a decision to engage a third party contractor to perform all1or part of its customer service requirements, the Company agrees to provide the Union with a minimum of ninety (90) days' notice in writing prior to proceeding. Following any such · notice, and upon request, the Company will meet with the Union to answer any reasonable questions and give the Union the opportunity to comment upon intended contracting out. 6) Any employee who may be permanently laid off as a result of a decision of the Company to provide customer service 'at the Montreal location through means other than the employment of bargaining unit employees, and shall be limited in his or her rights to any unpaid wages, vacation pay and to the employees' entitlement to notice of termination pay or pay in lieu of notice and severance pay under the Canada Labour Code and no other notice or payment of any kind whatsoever shall be required. If there is any dispute in the main agreement for Employees of Pierre-Elliott-Trudeau Airport, this LOU applies. / Dated this 16th day of March 2015 BRITISH AIRWAYS ~)~ Senior VP, People Americas 40 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS Trans~2413 M~el Corrado . \ General Chairperson, District Lodge 140 George Kuehn! General Chairperson, District Lodge 140