Canadian Air Traffic Control Association and Treasury Board (Transport Canada) and Canadian Association of Professional Radio Operators
- Before: P. Chodos
- Appearances: P. Barnacle, for the Bargaining Agent; H. Newman, for the Employer; P. Hunt, for the Intervenor
- Decision Rendered: 1997-04-18
Policy grievance - Air traffic control - Assignment of duties to another bargaining unit - at the hearing, the Canadian Association of Professional Radio Operators withdrew from the proceedings - collective agreement for the air traffic control group specified that "functions which are presently only performed by members of the Air Traffic Control group" will not "be assigned to members of other bargaining groups" - effective May 1, 1996, an agreement between Moncton Area Control Centre (MACC) and Fredericton Flight Services Station (Fredericton Airport) introduced a change in relation to the clearance of aircraft at Fredericton Airport, which is an uncontrolled airport - previously, the Flight Service Specialist (FSS) at Fredericton Airport would contact MACC to obtain a clearance which the FSS would then relay to the pilot - under the inter-unit agreement, the FSS would issue the IFR clearance to the pilot without speaking to the area controller if the FSS had a printed strip concerning that flight containing flight data information emanating from operational support staff at MACC - the strip was simultaneously distributed to the Moncton area controller and to the FSS in Fredericton by printer - the employer maintained that this merely constituted a streamlining of procedures whereas the bargaining agent alleged that, in fact, FSS were giving clearances to aircraft at Fredericton airport, a function which falls within the exclusive jurisdiction of air traffic controllers - Board concluded that the communication of information directly from a printed strip, as opposed to reading off the same information by an air traffic controller to the FSS, did not constitute a delegation of clearance responsibilities to the FSS - that responsibility continued to reside with MACC under the agreement.