THE revolt of Mother

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FINAL DRAFT - 8 - JUNE 7, 00

14 DISCIPLINE OR DISCHARGE

14.1 DISCIPLINE OR DISCHARGE GENERAL

14.1.1 All disciplinary action, including discharge, must be for just and proper cause.

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14.1. Where disciplinary or discharge action is considered, the employee involved may,

where necessary, be held out of service with pay pending investigation for a maximum of

seven (7) calendar days to provide the Company with sufficient time to investigate and

consider all factors. This time period may be extended by mutual agreement between the

Company and the Association.

14.1. During any investigations or hearings, the employee involved may request the

presence of a representative(s).

14.1.4 For any investigation(s) or hearing(s), all representatives and/or witnesses who

are employees of the Company shall be given time off and transportation as per Section

1.5.1.

14.1.5 When disciplinary or discharge action is taken, the employee will be so notified in

writing, with a copy to the Association, stating the precise charge or charges, the nature

of the action taken, and stating his right to grieve under the provisions of Section 14.1.8

below.

14.1.5.1 An Employee suspended as a result of an Operational incident in his area of

responsibility shall be paid at his regular salary during the investigation and during any

subsequent re-training period however suspensions levied post investigation may be paid

or unpaid at the companies discretion.

14.1.6 Any employee held out of service pursuant to Section 14.1., shall be paid for the

time held out of service. If a pilot is held out of service, he shall be paid for the flight

credits in his block as if they were flown according to schedule, and shall be credited

with such flying time for the purpose of flight time limitations up to the maximum time

limit in 14.1.. In subsequent months, or in the case of a pilot not holding a block, he

shall be paid not less than the normal monthly salary. All such pay shall be adjusted to

include negotiated pay increases, and any incremental pay increases. The above pay

provisions shall continue until the pilot returns to the line or the Company renders a

decision on the pilot's employment status, including unpaid suspension. The pilot shall

continue to bid his monthly schedule in the normal manner.

14.1.7 During the period of his suspension, the employee shall be entitled to bid on any

vacancy so that when and as relieved of his suspension, he shall resume the duties to

which he is entitled by reason of his seniority.

FINAL DRAFT - - JUNE 7, 00

14.1.8 An employee who has been disciplined or discharged may file a grievance in

accordance with the provisions of Section 1 (Grievance Procedure). Throughout these

procedures, including arbitration, no evidence or documents relating to incidents or

matters which occurred more than eighteen (18) months prior to the disciplinary action,

other than those related to flying competency, shall be taken into consideration in the

taking of such action. Said grievance may be initiated at any step of the grievance or

arbitration procedures by mutual agreement between the Company and the Association.

14.1. If at any time the employee is fully exonerated, his record shall be adjusted

appropriately, and he shall be reinstated without loss of seniority or pay.

14.1.10 No employee shall have a misdemeanour noted on his file without receiving

written notice of same.

FINAL DRAFT - 40 - JUNE 7, 00

15 ARBITRATION

15.1 ARBITRATION GENERAL

15.1.1 Where a difference arises between parties relating to the interpretation,

application or administration of this Agreement, including any question as to whether a

matter is arbitrable or where an allegation is made that this Agreement has been violated,

either party may, after exhausting any Grievance Procedure established by this

Agreement, notify the other in writing of its desire to submit the difference or allegation

to arbitration. The Notice of Intention to Arbitrate shall state the matter at issue, the

nature of relief or remedy sought, and the arbitrator proposed by the party submitting the

difference or allegation to arbitration. The notice shall be delivered to the other party with

five (5) working days of the reply under Step of the Grievance Procedure. The recipient

party shall, within five (5) working days, advise the other of the name of its proposed

arbitrator.

When either party wishes to have the difference or allegation referred to arbitration, it

shall be referred to a single arbitrator. If the parties are unable to agree on an arbitrator,

either party may request that the Minister of Labour pursuant to the Ontario Labour

Relations Act appoint an arbitrator.

No person may be appointed as an arbitrator who has been involved in an attempt to

negotiate or settle the grievance.

The Company and the Association will share equally the fees and expenses of the

arbitrator appointed herein.

The arbitrator shall not be authorized to make any decision inconsistent with the

provisions of this Agreement, nor to alter, modify, add to, or amend any part of this

Agreement.

No matter shall be submitted to arbitration if it has not been properly carried through all

the required steps of the Grievance Procedure set out herein.

It is agreed by the parties that the Grievance Procedure set out herein constitutes a final

and binding settlement process and that Employees covered by this Agreement have no

rights of unjust dismissal pursuant to the Canada Labour Code.

15.1. All parties shall be given full opportunity to present evidence either documentary

or oral, make representations, and call, examine, and cross examine witnesses.

Throughout this procedure, the parties shall have the right to be represented by

whosoever they may choose and designate.

FINAL DRAFT - 41 - JUNE 7, 00

15.1. The Arbitrator shall have the jurisdiction to render any decision which he

considers just and equitable. In disciplinary cases, the Arbitrator shall have the authority

to determine whether disciplinary action taken by the Company was for just and proper

cause and whether it was equitable under the circumstances, and shall have the power to

modify a disciplinary action or render such decision as he considers just and equitable, if

it deems such action too severe in relation to the gravity of offence.

15.1.4 The time limits specified in this section may be extended by written agreement of

the parties.

15.1.5 The decision of the Arbitrator shall be final and binding on all parties, and shall

be rendered in writing, with reasons therefore, as soon as possible after the hearing.

15.1.6 When a stenographic transcript is taken of the arbitration hearing, in whole or in

part, the cost will be borne equally by both parties to the grievance. In the event that it is

not mutually agreed that a stenographic transcript of the proceedings shall be taken, any

written record available taken of such arbitration hearing made by either party shall be

furnished to the other party to the grievance on request, provided that the cost of such

written transcript so requested shall be borne equally by both parties to the grievance.

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