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Old 05-23-2007 | 11:57 AM
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Jake Speed
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Pilot A MEM 727SO
Pilot B MEM 727SO

Pilot B is senior to Pilot A

Bid #1
Pilot A awarded ANC MD11FO
Pilot B awarded MEM MD11FO

Bid #2
Pilot A awarded MEM MD11FO

Pilot A has not begun training for ANC MD11FO nor has pilot B begun MEM MD11FO training when Bid #2 is awarded.

Pilot A begins training before Pilot B.

Section 24 A.5
A pilot awarded or assigned a new crew position shall not relinquish his current crew position until he has been activated into his new crew position.

What is Pilot A's crew position? His awarded position is MD11FO. Pilot A is not MD11FO current nor has he been activated in ANC. He should remain a MEM 727SO, his current crew position not his awarded position.

Section 25 D.1 Training/Activation Procedures
Except as provided in Section 24.D.2., D.3. and D.4., (below), required training for a crew position shall be scheduled by SYSTEM SENIORITY, SENIOR FIRST for that crew position.

Again, define crew position. The whole crux of this argument. The contract states a specific crew seat, in a specific aircraft type, at a specific domicile. One would think that Pilot A and Pilot B after Bid #2 have been awarded the same crew position. What's their crew position prior to the award? MEM 727SO?

Section 24 D.2
Passover Pay Due To Junior Pilot’s Early Activation
a. In case of a junior pilot’s activation to a higher paying position out of
seniority order, every senior pilot who meets the following prerequisites
shall be paid as if he had activated in that higher paying position (passover
pay):
i. the junior pilot and the senior pilot(s) hold an award for the same crew
position;
and
ii. the junior pilot’s award is from the same posting as the senior pilot’s
award or from a subsequent posting; and
iii. the Company chooses to activate the junior pilot prior to the senior
pilot(s) and the junior pilot’s activation delays the training and
activation of the senior pilot(s).

Section 24 D.2.d
d. If a pilot entitled to passover pay in accordance with Section 24.D.2.,
(above), requires additional training, his passover pay shall not accrue
during the delay in training caused by his performance.
Example:
Pilots with seniority numbers 1-20 are awarded MEMxxxCap from the same
posting. Pilot 18 is activated first, because he needs no training (already having been an xxx Captain at another domicile). Pilot 15 is trained first(due to Company needs in his current crew position) and activated before
any pilot other than pilot 18. Pilots 1-17 don’t get passover pay when pilot
18 is activated because pilot 18’s activation did not delay their activations.
However, pilot 15’s activation did delay their activation (because pilot 15
took the first training slot, thereby delaying their training), and so pilots 1-14
get passover pay beginning when pilot 15 is activated.

Pilot A has not "already have been an xxx FO at another Domicile" he hasn't trained yet nor is he current on the MD11.

Pilot A trains before Pilot B. I believe B is entitled to passover.

Seniority was arbrogated when the the union didn't protect the rights of Pilot B, section 25 D.1

Last edited by Jake Speed; 05-23-2007 at 12:30 PM.
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