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View Full Version : Am I "full time" or "part time"


mustangflyboy
08-25-2016, 08:37 AM
OK I don't work for a Fractional at the moment, but I believe there are operators here that have or had this type schedule, so....

I work for a pt 135 cargo and pax company. Schedule is 2 weeks on 2 weeks off. There is s pseudo base where mx normally takes place and where the aircraft usually located but not always; the aircraft are "floating". They could be anywhere in the U.S. when my rotation starts and I get airlined out and crew it for 2 weeks straight. On call 24 hrs a day. I am required to respond immediately and be wheels up in 1 hour of call.
Management says that I am considered part time and will only receive compensation as such and that I can't expect "full time" industry pay for my aircraft.
They said in order to be considered full time, I would have to move to the "base" and be on call 24/7/365.
Am I wrong to completely disagree? Being on call for 14 days straight is giving the company my restricted time of 336 hours; waaay more than a 9-5 job would put in in a given month....
Looking for a some way to argue for full time pay...Or am I way off base here.......?


Walkeraviator
08-25-2016, 09:06 AM
OK I don't work for a Fractional at the moment, but I believe there are operators here that have or had this type schedule, so....

I work for a pt 135 cargo and pax company. Schedule is 2 weeks on 2 weeks off. There is s pseudo base where mx normally takes place and where the aircraft usually located but not always; the aircraft are "floating". They could be anywhere in the U.S. when my rotation starts and I get airlined out and crew it for 2 weeks straight. On call 24 hrs a day. I am required to respond immediately and be wheels up in 1 hour of call.
Management says that I am considered part time and will only receive compensation as such and that I can't expect "full time" industry pay for my aircraft.
They said in order to be considered full time, I would have to move to the "base" and be on call 24/7/365.
Am I wrong to completely disagree? Being on call for 14 days straight is giving the company my restricted time of 336 hours; waaay more than a 9-5 job would put in in a given month....
Looking for a some way to argue for full time pay...Or am I way off base here.......?

I think you have bigger problems than full time vs part time pay. For starters, 24 hour callout is a violation of FARs because if you are "phone available" you are not on rest. I worked 7on/7off for multiple 135 operators. Neither of which used 24 hour callout. I was considered full time at both positions.

RI830
08-28-2016, 10:36 AM
You are illegal and full time. You can't be 24/7 as the post above says.
How can a company ask you to be available 24 hrs a day yet only pay for part time.

You need to get out of that company asap.


wildcat1
08-29-2016, 09:57 AM
You are trying to get yourself killed, or worse, vioalted:

"The FAA defines duty as "actual work for the employer or the present responsibility for such work should it arise."2 Conversely, a rest period is defined as a period of time that is: 1) continuous, 2) determined prospectively (i.e. known in advance) and 3) free from all restraint by the certificate holder.3 Based on these definitions, a rest period will
always be free from duty but an "off duty" period will not always be a rest period because freedom from duty is only one of the three elements that need to be satisfied in order to have a valid rest period. "

http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/interpretations/data/interps/2015/jones%20-%20(2015)%20legal%20interpretation.pdf

On call is a duty assignment.

beech1980
08-30-2016, 08:10 AM
You are trying to get yourself killed, or worse, vioalted:

"The FAA defines duty as "actual work for the employer or the present responsibility for such work should it arise."2 Conversely, a rest period is defined as a period of time that is: 1) continuous, 2) determined prospectively (i.e. known in advance) and 3) free from all restraint by the certificate holder.3 Based on these definitions, a rest period will
always be free from duty but an "off duty" period will not always be a rest period because freedom from duty is only one of the three elements that need to be satisfied in order to have a valid rest period. "
I would say getting killed is probably worse than violated.....




https://www.facebook.com/Lewis.Qball/videos/1093792897336602/
http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/interpretations/data/interps/2015/jones%20-%20(2015)%20legal%20interpretation.pdf

On call is a duty assignment.


I would say getting killed is probably worse than violated.....

1. To the OP, get another job and expose the SH!T out of that company to the FAA and get them to change their ways or shut the doors!
I can't stand these operations that handcuff pilots to this BS! Hell PM and I'll write a complaint to the FAA...
Good luck getting a new job.

wildcat1
08-30-2016, 01:12 PM
I would say getting killed is probably worse than violated.....

1. To the OP, get another job and expose the SH!T out of that company to the FAA and get them to change their ways or shut the doors!
I can't stand these operations that handcuff pilots to this BS! Hell PM and I'll write a complaint to the FAA...
Good luck getting a new job.

Subtle jokes always fail on the internet.

joepilot
09-05-2016, 08:37 AM
You, as a commercial pilot are required to know and abide by the Part 135 flight time/duty time regulations. "My boss made me do it" will not work as an excuse when the FAA violates you.

What is the name of this shady outfit so that we can help shut them down?

Joe

RyeMex
09-06-2016, 08:56 AM
10 bucks says that its IFL, Kalitta, Ameristar, or USA Jet. All of these operators work like that. The POI has known about it for years but refuses to enforce the FARs.