Originally Posted by
YVslave
Again, vague imo. Not enough info. In this TA situation they have ready reserve and the vague part (option 4). How are you getting paid? The reason the company doesn't want to. Four options after you block in? seriously? I fault the lousy union neg. that let this slide. If you are going to be waiting to fly again (maybe, very little intent) on FDP, there needs to be compensation.
You asked:
Someone please reference how this is legal per FAR 117. There must be some examples and new interpretations by now. I have looked, but have found nothing.
I referenced what you asked for. Nothing vague about it. Like I said, there are SEVERAL other iterations of the question that may provide the clarity you're looking for. I didn't link to them all, but I believe Wykoff and Mullen asked them and they are in 2015 IIRC.
How this is in the TA is unbelievable to say the least. They are in-fact changing the FDP formula. It is RAP + FDP, this example does not show this, but mesa is IMO wanting to do this: FDP + RAP + FDP. MagNeg, anyone, please comment.
I think you're getting confused with terminology. A RAP is NOT part of your FDP. Once the FDP clock has started and then stopped, you cannot go into another FDP or RAP until you have 10 hours of rest. What the FAA is saying in the interpretations is that the company can keep your FDP clock running after your last leg if there is some intention of you flying more, even if they aren't yet aware of it. "We may have some more flying for you later" is acceptable to the FAA for keeping your FDP clock running to the Table B max. It's not a RAP because it's inside of the FDP. It becomes one continuous FDP. Once the company determines it is no longer going to use you and/or the FDP clock runs to its Table B max, you're released to rest.
Now, companies/unions can call this FDP-clock-continuation period whatever they want for compensation/work rule purposes. They may even call it reserve, like you want, but it doesn't change the legal status of that time...it's still FDP time, not a RAP per 117.
Right now, Mesa can keep you on FDP right up until Table B max and then ask you to extend on top of that. There are no additional restrictions because it isn't addressed in the current contract.
In looking at your TA in 13.M.2 it looks like the company would be limited beyond what the FARs require as to how long you can kept in this FDP limbo world without additional assignment. That's why it's important to have this kind of time defined.
FAA definitions:
Short-call reserve means a period of time in which a flightcrew member is assigned to a reserve availability period.
Reserve availability period means a duty period during which a certificate holder requires a flightcrew member on short call reserve to be available to receive an assignment for a flight duty period.
The FAA defines short-call reserve as a pilot assigned to a RAP. If you've already been assigned into a flight duty period, then by definition you are no longer in a RAP and therefore are not on short-call reserve as the FAA defines it. The FAA would probably define any post-flight or in-between-flights-reserve as airport/standby reserve for regulatory purposes. The ready/airport/standby reserve term has other implications in the Mesa contract (namely extra pay), so they have to call it something else in the contract or else it would be confusing.