Fred Lewis Posted March 29, 2010 Report Share Posted March 29, 2010 Aviation is a federally regulated industry. The Canada Labor Code is one of several pieces of legislation that governs aviation labor practices. Section 169, and those subsequent, define the standard work day to be 8 hours, the standard work week to be 40 hours and prohibits employers from causing or permitting employees from exceeding these standards. In particular, section 168 of the labor code states: Saving more favourable benefits 168. (1) This Part and all regulations made under this Part apply notwithstanding any other law or any custom, contract or arrangement, but nothing in this Part shall be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable to the employee than his rights or benefits under this Part. Pilot flight duty time and other limits for flying time are defined in the Canadian Air Regulations. No such rules exist for engineers and therefore the Canada Labor Code applies to them. If engineers are successful in having their duty day limited, they should hope that these regulations are more closely aligned to the Canada Labor Code than the CARs. In any case, the Canada Labor Code is law and the CAR regulation. Part 168 of the CLC appears to supersede Parts 700.14 and those subsequent of the CAR. Averaging as defined in the CLC has been used to justify work days in excess of 8 hours. Close inspection of the averaging rules will reveal that the average work week cannot exceed 48 hours even when averaged. The Canadian Federal Pilots Association and the Treasury Board have a collective agreement. As of January 26, 2010 an entry level helicopter pilot can expect to earn $77,612 a year for a 37.5 hour week. Overtime at time and a half and double time is over and above that. The benefits are numerous and job security is about as good as it can get. Other collective agreements exist within the Canadian helicopter industry private sector. The CAR define flight duty time to be: "flight duty time" - means the period that starts when a flight crew member reports for a flight, or reports as a flight crew member on standby, and finishes at "engines off" or "rotors stopped" at the end of the final flight, except in the case of a flight conducted under Subpart 4 or 5 of Part VII, in which case the period finishes 15 minutes after "engines off" or "rotors stopped" at the end of the final flight, and includes the time required to complete any duties assigned by the air operator or private operator or delegated by the Minister prior to the reporting time and includes the time required to complete aircraft maintenance engineer duties prior to or following a flight;. This might interpreted to mean that if: a machine in the field is accompanied by an engineer; the flight duty time has begun at 06:30; the engineer has 6 hours of work to do on the machine; then that work must begin at 14:30 so as to be completed within the flight duty time. Some will enthusiastically work for as many hours as they can but they are not obliged to do so. It cannot be right to discriminate against those who are satisfied to work up to, and to not exceed the limits of, the law. Quote Link to comment Share on other sites More sharing options...
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