Vice Chairman's Message
It is not news to any FedEx pilot that our system form is among the most challenging in the industry. It is also not news that with that challenge comes the responsibility of maintaining an appropriate level of professional preparedness and this includes pilots ensuring that they are properly rested for the duties at hand. If achieving sufficient rest has not been possible, contractual provisions exist to address the situation.
Industry research has shown, and at least one company-issued Jepp Kit insert handout has stated, that 17 hours of continuous duty without rest can produce a mentally fatigued condition equivalent to a Blood Alcohol Level of .04, which is over the legal limit to fly. Additionally, research presented at NTSB fatigue seminars shows that as pilots continue beyond this point they begin to lose the ability to accurately assess their own fatigue level, thus demonstrating the importance of recognizing and addressing fatigue sooner rather than later. In much the same way as a drunk who will assure you that “I’m OK to drive,” the pilot can begin to experience a false “lift” in their feeling of well-being while their error rate dramatically increases. In this case, stimulants such as coffee create the same effect as the “wide awake drunk” condition.
When should you call in fatigued? When you believe that you have not had sufficient rest to operate or to continue to operate safely any duty period(s) of a trip. This is a serious decision and should be based on the individual pilot’s assessment of their own state.
There are fatigue protections in Section 12 that are triggered when an event extends, or would extend a pilot beyond operational limits (12.C.5.b.ii.; and 12.D.6.c.ii.). In addition, there are even broader fatigue protections in Section 12.A.9., entitled “Fatigue”:
a.A pilot who is excessively tired prior to check-in for a trip in domicile following illegal rest period shall notify CRS immediately and speak to an RCP/ACP or the Duty Officer about his situation. The pilot will be removed from his trip and to the extent he had trip guarantee, the hours shall be eligible for makeup.
b.A pilot who becomes excessively tired subsequent to trip check-in shall notify CRS immediately and talk to the Duty Officer about his situation. Depending on the pilot's situation and the Duty Officer's assessment, one of the following alternatives shall be enlisted to address the issue:
i. The pilot may be given a legal rest period. The pilot’s
schedule thereafter may also be postponed until after
the legal rest period is concluded.
ii. The pilot’s current trip may be revised to include
some alternative duty assignment that more ably
accommodates the pilot’s situation.
iii. The pilot may be removed from his trip and placed in
sick leave status as provided in Section 14.B.5.; the
pilot shall automatically be returned from sick leave at
the conclusion of his trip.
c.Deadheads that are necessary in any of the above situations shall be accomplished in accordance with the agreement.
d.In the event that there are any questions about the pilot's seat call, the flight manager may contact the pilot to discuss the issue(s) further.
A recent communication from the System Chief Pilot stated that some fatigue calls would be “hard to justify” though he extended the offer of being “willing to listen.” This runs directly against our contractual language. The CBA explicitly recognizes in Section 12.A.9.a. that a pilot may be fatigued even prior to check-in for a trip, along with Section 12.A.9.b. that recognizes a fatigued state after check in (which would include “a FAT call following the first leg, of the first pairing or flight, of a sequence”).
We all know there are a myriad of circumstances that life sometimes throws at us, and could list numerous situations where a pilot could find himself in a fatigued state following the first leg of a flight. To focus solely on that hypothetical, however, is to miss what is really at stake here. Messages like “hard to justify” but “willing to listen” create an environment that is hostile to a fatigue call in any situation. “Guilty until proven innocent” is a phrase that comes to mind when those words are used, and such messages create a chilling effect. The ability to call in fatigued must be free of such an atmosphere and you may rest assured that right will be defended aggressively.
While there is contractual language regarding a flight manager’s ability to contact a pilot about a fatigue call in the above situations (Section 12.A.9), this provision is solely for the purpose of “filling in a square,” i.e., if the manager would like to understand further the circumstances that led to a fatigued state. It is not an open door for harassment or a step through which a pilot must pass to legitimize their decision. When a pilot calls in fatigued, that pilot need not “justify” to anyone that good faith call. Messages such as these turn the process upside down. It presumes the pilot is being untruthful, that the pilot must prove the fatigued state, instead of the presumption that a professional made a decision for not only his safety, but for the safety of entire crew, the aircraft, and the company.
We must all be vigilant if this continues to be the case. If any “filling in a square” conversation occurs, and it is being used improperly, you are entitled to invoke your right to ALPA representation. There is no gray area: you are either fatigued or you are not. The MEC takes very seriously the fatigue provisions in the CBA and their enforcement. Fatigue is a serious risk factor associated with our type of flying. Awareness of its insidious nature and potential consequences, and availing ourselves of the language within our contract to address such situations, if and when they arise, is part and parcel of our commitment to operate as professional pilots.