View cases - Stewart McKelvey

Page: 114[441] The major focus of Captain Duke’s evidence, and of the Tribunal’s analysis, was on theability of Air Canada to accommodate Captains and First Officers over the age of 60, in light ofimpact of the over/under rule on seniority and scheduling.[442] Captain Duke presented demographic evidence that showed that within five years of theabolition of mandatory retirement at Air Canada, a very substantial percentage of Air Canada pilotswould be over the age of 60, assuming that all of them continued working: see slides 60-68 ofCaptain Duke’s PowerPoint presentation.2011 FC 120 (CanLII)[443] Captain Duke says that Air Canada could only accommodate a very limited number ofpotentially restricted pilots (Captains over 60 but under 65, and First Officers over 60) before pilotscheduling would become unworkable because of the over/under rule.[444] To demonstrate the difficulties that Air Canada would encounter if it were required toaccommodate over-60 pilots, Captain Duke ran a series of experiments examining the schedulingconsequences of having various percentages of A-340 Captains and First Officers being over theage of 60 in Vancouver and Toronto.[445] He found that a schedule could be arrived at if 10% of A-340 Captains and First Officers inVancouver were over 60. It would, however, result in a number of First Officers’ seniority notbeing respected, with some pilots receiving materially lower quality monthly schedules, includingbeing placed on reserve schedules rather than fixed flying schedules. Moreover, the utility of these