Originally Posted by
4A2B
I believe the part missing is that apparently you can do everything stated in his (SCPs) email but what the pilot (and your spouse and dependent children) can't do is maintain another primary residence other than the one in the FDA they are paying for. That appears to be the crux of the discrepancy, they only look at the location of the pilot and family if you are (or they believe you are) a "commuter". From reading your quote of the SCP he is saying you can travel around the world, never be home on days off, as long as your travel is not always to and from your "real" home. Not sure if that is what he says, sure reads that way to me.
In this business most of us know if we are commuters or live in base. States have gone after pilots that claimed state residency in non tax location while their family was located elsewhere so I think I would be vary cautious hanging my defense on only on discrimination laws. I know they (IRS) looked at the spouse, where the kids go to school etc. and I would assume that test would violate the same US laws being looked at here?
I am not sure if the question at hand is as simple as "do you commute?" but sure looks that way from reading the information. I guess an arbitrator will determine (first at least) whether or not the LOA and CBA were bargained in this manner and if they comply with all applicable laws.
It appears to me you're reading more into the language than is actually there. In fact, it looks like you're reading "the Company doesn't want commuters in the FDAs" into the language. That may be what was said during bargaining sessions, but I don't read that in the work product. You would know the bargaining history better than most of us.
Originally Posted by
4A2B
Tony, just curious, do you receive the HA? If you do not why not?
No, I do not receive the housing allowance.
Shortly after beginning ITU Training for the assignment, I learned that one of my dependent children doesn't fit the Hong Kong mold for dependent children -- Unmarried, Under the age of 18. Difficulties obtaining his visa caused delays getting my own, and therefore delays moving. By that time, the Housing Allowance witch hunt had begun, and I didn't particularly care for the environment it created, the cloud of threat. My wife's enthusiasm for the move quickly waned, so I chose to commute.
Originally Posted by
4A2B
Either way this is a nightmare and I hope that we see a positive decision and clarity going forward for all.
We are in complete agreement here.
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