I don't think the company "waived the (contractual schedule check) requirement." More accurately, the FAA has stated unequivocally that a schedule check is considered duty. I think it's more accurate to state that the company has agreed to abide by the FAA's interpretation. Agree?


ii. Duty

1. Collective Bargaining Agreement Requirement

A4A asked whether a requirement in the collective bargaining agreement to check a schedule or calendar, or to acknowledge a trip assignment, is considered duty.

Section 117.3 defines duty as ‘‘any task that a flightcrew member performs as required by the certificate holder * * *’’ Thus, if a certificate holder requires that a flightcrew member check a schedule or calendar, or acknowledge a trip assignment, then the flightcrew member’s compliance with that requirement would be considered duty.

The collective bargaining agreement has no impact on this analysis, as this agreement simply provides the legal basis for the certificate holder to require a flightcrew member to perform certain actions.

Flight Duty Clarification March 5, 2013