Common use of DATA RECORDERS Clause in Contracts

DATA RECORDERS. 45.01 Any data or other information obtained from Data Recorders will not be used: a) By the Company to monitor Flight Crew Member judgement, ability, performance or technique in operating any aircraft subject to agreement reached under Article 45.08. b) By any party in any administrative, disciplinary, or discharge action proceedings of any kind against any Flight Crew Member, or for the development of information leading to such proceedings except in an accident or incident investigation. c) By any party in an incident or accident investigation as a means of seeking out information for use in any disciplinary, suspension, discharge, or termination action taken by the Company. However, data from such data recorders may be used to substantiate information obtained from other sources. 45.02 Video and audio recording may be utilized for training and checking purposes but will not be retained at the completion of the session and will be given to the Flight Crew Member(s) for erasure. 45.03 In the event of an incident or accident investigation, any data or other information from any Data Recorder shall be made available to the Company, accredited Association representatives, and the Flight Crew Member(s) or their estate(s). 45.04 All parties shall use their best efforts to ensure the security of all data or other information obtained from Data Recorders against unauthorized removal and/or playback. 45.05 No Data Recorders will record specific Flight Crew Member identification designators. 45.06 The removal of any Data Recorder (other than a completely erased cockpit voice recorder) for the purpose of data retrieval must be brought to the attention of the Association prior to the investigation of the incident or accident that caused the Data Recorder to be removed. No playback or other examination of any data or information will be undertaken by the Company or it’s representatives without the attendance or express prior approval of the Association and/or the Flight Crew Member(s) unless such attendance or approval results in a prejudicial delay. 45.07 In addition to the other restrictions of this Article, the use of any Cockpit Voice Recorders will be subject to the following: a) The Captain shall always retain the right to carry out a complete erasure at the end of any incident-free or accident-free flight, subject to regulatory requirements. b) Prior to removal for maintenance purposes, a complete erasure is carried out by the maintenance personnel involved. 45.08 Provisions of this Article will not prohibit trend monitoring through a FOQA Monitoring Team. The terms of reference of this team will be subject to a comprehensive agreement on FOQA. Such agreement may be in the form of a future Letter(s) of Understanding. 45.09 Provisions of this Article will not prohibit trend monitoring through a LOSA/ LOSO program. The terms of reference of this program will be subject to a comprehensive agreement on LOSA/LOSO. Such agreement may be in the form of a future Letter(s) of Understanding.

DATA RECORDERS. 45.01 Any data or other information obtained from Data Recorders will not shall be used: a) By the Company used exclusively to investigate accidents or incidents and to facilitate aircraft maintenance, safety and efficiency. Under no circumstances shall these instruments be used to monitor or check a Flight Crew Member judgement, ability, performance or technique in operating any aircraft subject to agreement reached under Article 45.08. b) By any party in any administrative, disciplinary, or discharge action proceedings during the operation of any kind against any Flight Crew Member, or flight for disciplinary purposes. During the development investigation of information leading to such proceedings except in an accident or incident investigation. c) By any party in an incident incident, the Company shall not reveal the content of these instruments to the general public or accident investigation as a means of seeking out information for use in any disciplinarythe news media, suspension, discharge, or termination action taken by the Company. However, data without prior approval from such data recorders may be used to substantiate information obtained from other sources. 45.02 Video and audio recording may be utilized for training and checking purposes but will not be retained at the completion of the session and will be given to the Flight Crew Member(s) for erasure. 45.03 Member involved and the Association. In the event of an incident or accident investigation, the Company may not release any data or other information obtained from Data Recorders to either the general public or any Data Recorder shall be made available to news media without the Company, accredited prior approval of the Association representatives, and as well as either the Flight Crew Member(sinvolved or his (their) or their estate(s). 45.04 All parties It is agreed that no program to read routinely recorded information from Flight Data Recorders, except for maintenance purposes, will be introduced without mutual agreement between the Company and the Association. The Company shall use their its best efforts to ensure the security of all data or other information obtained from the Data Recorders against unauthorized removal and/or playback. 45.05 . No Data Recorders will record specific Flight Crew Member Members identification designators. 45.06 The removal of . Where any Data Recorder (other than a completely erased cockpit voice recorderCockpit Voice Recorder) for is removed from an aircraft as part of an incident or accident investigation, the purpose of data retrieval removal must be brought to the attention of the Association prior to the investigation of and all Flight Crew Members involved in the incident or accident that caused the Data accident. The Cockpit Voice Recorder shall have a means to be removed. No playback or other examination erased at the end of any data or information each flight and will be undertaken by the Company or it’s representatives without the attendance or express completely erased prior approval of the Association and/or the Flight Crew Member(s) unless such attendance or approval results in a prejudicial delay. 45.07 In addition to the other restrictions of this Article, the use of any Cockpit Voice Recorders will be subject to the following: a) removal for maintenance purposes. The Captain shall always retain the right to carry out a complete erasure at the end of any incident-incident free or accident-accident free flight, subject except where prohibited by law and except when required for a maintenance check for which the Captain will be Uniforms will be worn and maintained according to regulatory requirements. b) Prior to removal for maintenance purposes, a complete erasure is carried out standards prescribed by the maintenance personnel involved. 45.08 Provisions Company. Company Management reserves the right to require Flight Crew Members to be properly dressed. In addition it may require a Flight Crew Member to change any item of this Article will his uniform notwithstanding that the useful life of the item has not prohibit trend monitoring through a FOQA Monitoring Teambeen completed. The terms of reference of this team Company shall provide the following initial basic uniform on the cost basis as detailed therein. Where the Company has made a change in style colour to any piece all the uniform, the Company shall bear the same cost as in the initial uniform. All uniform pieces will be subject to brand new, except a comprehensive agreement on FOQA. Such agreement Flight Crew Member has the option of purchasing any used pieces that may be in the form of a future Letter(s) of Understandingstock. 45.09 Provisions of this Article will not prohibit trend monitoring through a LOSA/ LOSO program. The terms of reference of this program will be subject to a comprehensive agreement on LOSA/LOSO. Such agreement may be in the form of a future Letter(s) of Understanding.