Car And The Canada Labour Code

[Fred Lewis]

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.

 

 

 

[marc]

What about contract AMEs who get a daily plus flight pay while working in the field?

[pilot5]

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.

 

Wooohhhooo! Those guys at the Treasury board and CFPA must be smoking some pretty strong reefer to come out with a statement like that!

 

Smoke another one boys! Christ give me some too! Would love to have that kind of optimism! **** pass it around! Lets see if we can get everybody believing such outlandish statements.

 

They must be stoned!

 

$77,612

 

 

[Guest Bullet Remington]

A couple of things to bear in mind folks:

 

1) Where there are two or more laws covering the same subject AND each of these laws ( as in covered in two different acts) contradict each other, then BOTH laws are null and void!

 

2) Fred, although meaning well and in a very elequent manner, is neither a pilot nor engineer. In fact, based on Fred's previous statements in earlier posts, he in not directly nor indirectly involved in the aviation business.

 

This can be percieved as an advantage, in that his opinions have not be influenced by any direct involvement. And that's not necessarily a bad thing!

[koalaa119]

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.

 

Wooohhhooo! Those guys at the Treasury board and CFPA must be smoking some pretty strong reefer to come out with a statement like that!

 

Smoke another one boys! Christ give me some too! Would love to have that kind of optimism! **** pass it around! Lets see if we can get everybody believing such outlandish statements.

 

They must be stoned!

 

$77,612

 

 

No Kiding, 13 years in the helicopter industry and I still can't say I have achieved that.

 

One question I would like to know is as a pilot if my duty day is 14 hours is not my working hours the same? If I fly only 2 hours, but sit out in the field all day moving my customers every couple of hours, is my actual working day not the same as my duty day?

 

koala

 

[Phil Croucher]

Koala - no I don't believe it is. I remember somewhere in the dim and distant past that "they" only regard flying time as work time.

 

Fred:

 

" and includes the time required to complete aircraft maintenance engineer duties prior to or following a flight"

 

The sentence is more clearly intended to cover pilot/engineers.

 

Phil

[DGP]

Last time I worked with Fred he was driving a 407...if this is the same guy....and if it is... he is still flying... ...Oh and PHil is correct....if you sit in some bug infested swamp all day for a customer and you don't fly..well heah...you were not really working...found that out from a previous employer :angry:

[Helilog56]

Last time I worked with Fred he was driving a 407...if this is the same guy....and if it is... he is still flying... ...Oh and PHil is correct....if you sit in some bug infested swamp all day for a customer and you don't fly..well heah...you were not really working...found that out from a previous employer :angry:

 

There's a company I would not want to work for......I am sure Transport's definition of "flight duty time", would be different from his !!!!

[Guest Bullet Remington]

There's a company I would not want to work for......I am sure Transport's definition of "flight duty time", would be different from his !!!!

 

 

I concurr Helilog. I keep my fingers in th epie by overseeing a Private operator running atwin turbo. IF the CEo tells me to call a driver in, the driver's duty time starts the minute I'm done talking to him and he hangs up the phone. IF the CEO decides to drag his arse and the proposed flight extends OVER 14 hour duty time, the CEO flies commercial or RONs.

 

IF the driver flies the CEO from Calgary to Colorado and sits around the Denver airport for 6 hours, that'sihx hours he is WORKING! IF the driver is ön duty"he is working!! The "stand time"( or the time he's sitting around waiting for the CEO) is duty time and the driver IS working!

 

The CEO and I have agreed on that intrepretation of CARS duty time. Basically, when I explained it to the CEO I told him that ANY time the driver can't sit and suck back beers in his own living room, he's on the clock.

 

So far ( three years) evrything has been fine! - Driver's fat and happy, the CEO is happy- the aircraft hasn't been dented and the CEO is making money and paying the driver. AND, the CBAA adn TCA hasn't been too concerned in us!!

 

That'll changed AFTER 1 April 2011 when TCCA takes over the stuff that the CBAA is doing now!!

[47B3]

hours, that'sihx hours he is WORKING! IF the driver is ön duty"he is working!!

 

Don't want to hijack this thread..... but how did you ever find an "o" with 2 dots over it ??

 

Just curious