View cases - Stewart McKelvey

Page: 3[9] Shortly before the commencement of the initial Tribunal hearing of Messrs. Vilven andKelly’s human rights complaints, ACPA held a referendum on the mandatory retirement issue.Seventy-five percent of ACPA members voted in favour of retaining mandatory retirement for AirCanada pilots.B. George Vilven’s Career[10] George Vilven was hired by Air Canada in May of 1986. Over the ensuing years, he wasable to use his seniority to bid on a succession of higher status and higher paying positions on2011 FC 120 (CanLII)increasingly larger aircraft. In his last position with Air Canada, Mr. Vilven was flying as a FirstOfficer on Airbus 340 aircraft.[11] Mr. Vilven turned 60 on August 30, 2003. In accordance with the mandatory retirement ageprovisions of the Air Canada/ACPA collective agreement and the Air Canada pilot pension plan, hewas required to retire on the first day of the month following his 60th birthday.[12] There is no suggestion that there were any performance problems or medical fitness issueswith respect to Mr. Vilven. Indeed, it is common ground that the only reason for the termination ofhis employment was the application of the mandatory retirement provisions of the AirCanada/ACPA collective agreement and the Air Canada pilot pension plan, which is incorporatedby reference into the collective agreement.