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Averaging


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I agree Oil Pressure 14 hours is a long day. But it what frosts me is these large companies with averaging policies that are disrespectful of employees. I know of a couple of operators that allow 2 hours recorded more than flight time. Example you start at 7 am and work until 7 pm and fly 2 hours you can accumulate 4 hours. Takes a long time to build up the 2080 hours for the year. I feel am required at work from 7 to 7 that's 12 hours in my world. I have even heard of time sitting in the bush swatting bugs as a$$$ time.

 

Steve Schulte

 

If I have confused anybody please pm.

 

Freddie, I work for a small company who very recently adopted the averaging system. It was explained to me that if I'm at the hangar from 0700 to 1900 (12hrs) and flew for 2 hours and worked on ops gear for 1 hour,I"m allowed to record 3 hours worked plus an extra 1 hour for pre and post flight duties (DI and log book entries ect..or a half hour on each end) for a grand total of 4 hours worked. Not 12hrs!!!! In other words, I'm only allowed to record actual worked hours. If I'm on a mountain top waiting for my customers to finish up on a repeater, and it takes 6 hours to do so,I cannot record that time as 6 hours worked towards the 2080hrs.They consider that a$$ time. That part bogals my mind..If I'm not at home serving my beautiful wife mojito's on the back porch but instead being on a mountain top waiting on customers then what the heck am I doing? If I end up working over the 2080hrs per year they'll sit me at home because they refuse to pay overtime. By law they have that choice. I certainly don't agree with this. Now this forces the pilot to make a decision....Do I fudge the "Worked Hours" in fear of sitting me and losing flight pay? Hmmmm....what to do??? Freddie, you do have it right.

 

If an employer wishes to implement an averaging scheme, he must comply with section 169(2) of the Canada Labour Code and section 6 of the Canada Labour Standards Regulations .

 

If the employer does not follow the regulations, no averaging is in effect.

 

The CLSR determines hourly wages this way .

 

Does On Duty Waiting Time, On Call Waiting Time or Off Duty Waiting Time qualify as time worked?

 

No definition of these concepts could be found in either the CLC or the CLSR. The Courts will often refer to the laws and regulations in other jurisdictions for guidance in making such determinations. The United States Department of Labor’s stance on the three definitions in question will make an excellent argument in any Canadian court.

 

Please examine Deveault v. The Minister of National Revenue to see why the Tax Court of Canada sided with a bus driver on the matter of waiting time. The details of the case seem to be applicable to helicopter operations.

 

If you have been taken advantage of by your employer, you owe it to your self-esteem as a man or woman and to the welfare of your family to rectify the unfairness. Stand up for what is rightfully yours. Is that not what Canada is about?

 

To file a complaint, go to Human Resources and Skills Development Canada . It won’t cost you a thing.

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Wow Fred you caught me in your Web. The company you were so proud of their weather mins is one of theses groups that averages with a system without regard to standby time.

 

I think the problem with avergaing and how people feel about it is having to record hours worked. I get paid a day rate no matter what I'm doing. If i work 2 minutes and get snowed out I am paid the day rate. If I am on standby for ASRD for 14 hrs I get paid my day rate. It balances out in the end and I think thats why we call it averaging. That being said, I absolutely hate having to write on my work record that I only worked one hour when I was on standby all day, even though I am paid the same. Its about recognition more than pay I think.

 

HH

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it will be comforting to know that the next time i am in camp for six weeks that i am on vacation and not working. But i digress. If one is to follow this logic a sales clerk in a store should only get paid when she interacts with customers. The job description entails delivering the customer to their location and waiting for them. Perhaps the pilot should fly back and wait at home if he is not considered on the job. I know of several pilots who have appealed hours of work for Employment insurance purposes to include the full duty day and were successful

It seems the rules change depending on the govt agency or program

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Autorevs..I hear you,and agree but we are talking about actual worked and recordable hours. Duty day hours and actual recordable worked hours are two completely different entities. Example: If on shift from 7:00am to 7:00pm your duty time is 12 hours. If all you do is push a broom for one hour between 7:00am and 7:00pm and do nothing else during that period that is work related,you can only record one hour of actual worked time. This is my understanding. HV, care to comment on this?

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Autorevs..I hear you,and agree but we are talking about actual worked and recordable hours. Duty day hours and actual recordable worked hours are two completely different entities. Example: If on shift from 7:00am to 7:00pm your duty time is 12 hours. If all you do is push a broom for one hour between 7:00am and 7:00pm and do nothing else during that period that is work related,you can only record one hour of actual worked time. This is my understanding. HV, care to comment on this?

If i am on duty and am ready to fly and its up to my customer or employer when to go flying its a hour worked. Its up to them to tell me when to start and when the day ends. does not matter what i do during that time. have never seen a helicopter make any money without a pilot.

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If an employer wishes to implement an averaging scheme, he must comply with section 169(2) of the Canada Labour Code and section 6 of the Canada Labour Standards Regulations .

 

If the employer does not follow the regulations, no averaging is in effect.

 

The CLSR determines hourly wages this way .

 

Does On Duty Waiting Time, On Call Waiting Time or Off Duty Waiting Time qualify as time worked?

 

No definition of these concepts could be found in either the CLC or the CLSR. The Courts will often refer to the laws and regulations in other jurisdictions for guidance in making such determinations. The United States Department of Labor’s stance on the three definitions in question will make an excellent argument in any Canadian court.

 

Please examine Deveault v. The Minister of National Revenue to see why the Tax Court of Canada sided with a bus driver on the matter of waiting time. The details of the case seem to be applicable to helicopter operations.

 

If you have been taken advantage of by your employer, you owe it to your self-esteem as a man or woman and to the welfare of your family to rectify the unfairness. Stand up for what is rightfully yours. Is that not what Canada is about?

 

To file a complaint, go to Human Resources and Skills Development Canada . It won’t cost you a thing.

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