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Age 65 Rule Dec 13, 2007: Age 60 is now 65

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Old 03-24-2007, 06:43 AM   #1 (permalink)
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Default FEs and reupgrade

I see a lot of speculation on this...this is what i am hearing now...the ATA has made it clear that they do not favor anyone who is already in the FE seat to reupgrade to captain..the airlines do not want to pay for that...it has been agreed upon already...as u will see...i know someone who attended these meetings ( i think ARAC meetings)...once u hit 60 u r done..unless of course the rule has changed...their will be no waivers as well...sorry foxhunter

Last edited by CaptainMark : 03-24-2007 at 06:53 AM.
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Old 03-24-2007, 06:53 AM   #2 (permalink)
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Halleluja. It would be nice if retraining were firmed up(hopefully squelched) before the bid to remove the over 60 issues from peoples' minds.
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Old 03-24-2007, 10:11 AM   #3 (permalink)
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There are two seperate issues here...

1) Restoring former employees who previously retired at age 60 to their original seniority: This one is easy, it won't happen because it would be an uphill legal battle to get restored...no action is really required on the part of the FAA, although they may throw in some language to reinforce the obvious. Since no one did anything wrong at the time, there wouldn't be a legal case to bring back retired pilots to their original status. You probably would have to rehire them at the bottom of the list if they wanted that.

2) Blocking upgrade for 60+ FE's who are on the seniority list: This one is a different story...the legal momentum is in the favor of the FE's. I know the ATA would like to block re-upgrades, but this is purely an economic, not a safety or regulatory issue. My feeling is that the FAA really won't have a leg to stand on (nor will they want to be involved) on this issue...it's not in their baliwick. If they do they open themselves up to the inevitable lawsuit, about an issue that really does not matter to them...why get involved?

This is a pure labor law issue, and my guess is that the law will find that if they are active on the seniority list, they can bid anything their seniority will hold, just like anyone else.
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Old 03-24-2007, 10:32 AM   #4 (permalink)
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I'll feel for the guys who turn 60 on the day before the Rule 65 goes into effect. Still, I agree with blocking re-upgrades.
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Old 03-24-2007, 11:07 AM   #5 (permalink)
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Quote:
Originally Posted by rickair7777 View Post
My feeling is that the FAA really won't have a leg to stand on (nor will they want to be involved) on this issue...it's not in their baliwick. If they do they open themselves up to the inevitable lawsuit, about an issue that really does not matter to them...why get involved?
this was discussed as well...let them file lawsuits...they will be 75 when they get a ruling..ask the purple guys about the seniority lawsuit against fdx...they just got the final ruling and it only took 19 years! and they lost!...it's a done deal from what i gather...and the source was in the meetings..we will see...

google this..

COUPI v FED EXPRESS CORP
No. 96-5978

Last edited by CaptainMark : 03-24-2007 at 11:31 AM.
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Old 03-24-2007, 03:15 PM   #6 (permalink)
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Quote:
Originally Posted by rickair7777 View Post
...

Blocking upgrade for 60+ FE's who are on the seniority list: This one is a different story...the legal momentum is in the favor of the FE's. I know the ATA would like to block re-upgrades, but this is purely an economic, not a safety or regulatory issue. My feeling is that the FAA really won't have a leg to stand on (nor will they want to be involved) on this issue...it's not in their baliwick. If they do they open themselves up to the inevitable lawsuit, about an issue that really does not matter to them...why get involved?

This is a pure labor law issue, and my guess is that the law will find that if they are active on the seniority list, they can bid anything their seniority will hold, just like anyone else.
This can be handled by the company just saying they are not going to train someone after a certain point (ie less than 3 years in seat). It may involve some passover pay issues but would probably be cheaper than the expense of training the least productive group out there (max vacation and sick bank)
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