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Old 09-02-2020 | 03:51 AM
  #9542  
Bgood
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Joined: Sep 2016
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Originally Posted by copy
A voluntary displacement and an involuntary displacement have the exact same rights. A vacancy bid doesn’t.

That said, looking at 24.K.1/24.K.2, and 24.P I’m not certain a displacement on this bid is free and clear of all applicable seat locks (specifically equipment freezes or status freezes) incurred by their new seat, as they would be if they are under an existing equipment freeze and then displaced by a bid (which does nullify any locks). I hope I am wrong. But here’s how I am reading it:

24.k.1.c appears to be the carveout for displacements, but the way it’s worded, it looks like it applies to those getting displaced while under an existing equipment freeze, and that freeze being lifted because they are displaced. And 24.k.2 (Downgrades/status freeze) doesn’t appear to have any carveout for displacement.

So the way I read it...let’s say I was a bus FO, I upgraded to 190CA on the last annual system bid, finished training in January, then on this bid I got displaced to 320FO. 24.k.1.c gives me equipment freeze relief to go back to the bus and not be stuck on the 190 as an FO. But let’s say I do 320 FO downgrade training, start/finish in October, then the 220 bid comes out in November. I’d get equipment freeze relief for the 220 specifically (but not 190CA because nothing under 24.k.1 would give me that equipment freeze relief). However, that’s just the equipment freeze paragraph. I’d be stuck under the status freeze (24.k.2) for 2 years, as new equipment/displacement language is a line item under equipment freeze only and doesn’t appear to apply to status freezes.


Anyway, that’s my long-winded reading of it, playing devil’s advocate. I had been told by my union rep that if I was displaced to the right seat, I’d have no freezes, but that if I vacancy bid to a downgrade I would be subject to a 2 year status freeze. I hope that is the case and my reading of the CBA is wrong (or I’m missing something in another section), and that the union and company sends some clarification out for 24.K (hopefully saying that anyone who was displaced is under no equipment or status freeze).
Yeah I read it the same way you did. However, now I'm confused since you said the union told you otherwise 🤷🏾‍♂️
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