View cases - Stewart McKelvey

10knowing that they will be frozen in their current position under Article 25.06 02 of the collectiveagreement.[43] They do so with the knowledge that they will not have to occupy that position or transferto another base which may involve moving, taking an aircraft training course and end up as amore junior pilot on the new equipment and suffer a junior schedule.[44] So for Vilven it was the best of both worlds. He could retain his monthly biddingprivileges of being senior in the A340 FO YVR position, continue his drafting and simulator workand be paid the higher rate of a B747 FO. That is the way the collective agreement is set up andmany pilots take advantage of this.2010 CHRT 27 (CanLII)(ii)Conclusion on Vilven Maximizing His Earnings[45] In my opinion, Vilven has failed to demonstrate a pattern of maximizing his earnings. Thefacts are that he knew in 1998 that he was entering his final sixty months before retirement. Yet hedid not transfer to Toronto until 2000 where he could have increased his pensionable earnings.The reason being that he miscalculated.[46] He spent about six months in Toronto and then moved to Vancouver in the same positionthat he held in Toronto. It seems that he did earn well above his basic A340 FO salary there, buthe did not bid for the B747 FO YYZ position until 2001 even though he knew that many of hiscolleagues were “drafting like crazy” and earning over $200,000 annually. In this case, his timingwas off.[47] Vilven’s evidence that he calculated his moves so as to maximize his earnings is not veryconvincing. He did not do so when the opportunity was there. Although he later disavowed it, hisearlier evidence supports the conclusion that his preferred base was Vancouver which wasrelatively close to his Calgary home and close to his family and friends who lived in Vancouver.