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Old 08-19-2010 | 04:40 AM
  #30  
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Captain Tony
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Originally Posted by flyguy26
Question about the 17 hr duty days on the last day with DHs. If this is true and you are going over 16hrs duty, aren't you violating FAR 121.471b? It requires that you have the min rest of at least 8 hrs in the previous 24 hrs upon the completion of your day. And it also says that DH is not considered part of the rest time. So in a 24 hr period you worked 16, then had 8 left over for 'rest' you couldn't go over 16 because it would put you below 8 hrs of rest in 24 which is in violation of the FARs. And thats not just on the company, but on you also.
We tried that one (obviously). Apparently there is a clause in the Whitlow interpretation (to which you're referring) that mentions flight duty. So ASA interpreted that to mean Whitlow does not apply to deadheading. That's the problem at ASA. If the company really wants to do something, then they have their lawyers "creatively interpret" the FARs, Contract, etc in their favor. Then their attitude is "if you don't like it, sue us/grieve it and get your own interpretation, we'll see who wins. Meanwhile, fly now grieve later". So in the short run the trip gets covered. In the long run, you waste a couple of days off with a grievance, and 8 months later you get a forced apology and a voucher for a free day off that is subject to company discretion for when you can use it. Whoopee.
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