Originally Posted by
Roberto
Here is the applicable language from S.65, which was identical to the language in its companion bill, H.R.1125
(a) In General- A pilot who has attained 60 years of age may serve as a pilot of an aircraft operated by an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, until attaining 65 years of age only if the pilot serves--(1) as a required pilot in multi-crew aircraft operations; and(2) with another pilot serving as a required pilot in such multi-crew aircraft operations who has not yet attained 60 years of age...
(c) Applicability- The provisions of subsection (a) shall not provide a basis for a claim of seniority under any labor agreement in effect between a recognized bargaining unit for pilots and an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, that is made by a person who was a pilot and who attained 60 years of age before the effective date described in subsection (e) and is seeking a position as a pilot with such air carrier following that person's termination or cessation of employment or promotion or transfer to another position with such air carrier pursuant to section 121.383(c) of title 14, Code of Federal Regulations, as in effect on the day before the effective date described in subsection (e).
The sentence beginning with "The provisions of subsection (a) shall not provide a basis for a claim of seniority..." is translated in plain English to mean that the change in the age by itself does not provide a basis for a claim of seniority...
However, depending upon one's collective bargaining agreement, there may be a claim.
I cannot speak for FDX's contract, but the UPS contract did provide the necessary and sufficient basis.
Roberto,
We all know that you are our resident Age 65 expert. This is not our fight - it is for the FDX pilots and their MEC. No need to keep bringing up details and opinions on something that is so emotional on all sides...