I agree that the term, primary residence, could be grey to some.

I'm not sure if you commute and have a crashpad, but for arguments sake, let's say you do. If you show up the day before your trip (or reserve) and leave to go back to your other residence when you finish your sequence, would you call your crashpad your primary residence? I wouldn't, but maybe you would, I don't know.

You know the company has detailed records that detail when the pilot came and went, and time spent on duty. If said individual finished his trips and immediately took the jumpseat to go to his other residence, what would you call it? Some guys took amnesty in this situation. The payback could be very large, depending on the time you were at the domicile. Some chose to fight it. I hope they win, I think the company should pay the money to every pilot that bids the FDA. Use the housing allowance to find a decent crashpad.

Of course the company wants people to actually live there, and that is why they provided an incentive to get people to move there. If you remember, from a former chief pilot's email, that they were looking for a certain demographic (single, but mainly no kids). They obviously didn't get the demographic that they desired and added some enticements for families (education).

I don't think the company is not allowing people to take vacations or ban them from exiting Hong Kong. They've kept records of those that they think didn't move their families, yet took the allowance. My guess is that many had unique situations that they will air in their hearing.

I'll tell you, I am not a company man. However, I follow the contract because I want to keep my job. The intent of the FDA LOA was pretty clear to me. Maybe it wasn't for others. None of these guys are bad individuals. The company believes they didn't adhere to the contract, these guys obviously think they did. I wish them all the luck in the world with their hearings....

 

Obviously unclear on the concept. With respect to whether the labor agreement was violated, the decision venue under the RLA is an arbitration hearing. With respect to whether the application of the employment contract violates the 21 state laws that ban employers from giving single employees benefits that they withhold from married employees (and vice versa), the venue is a state court, and potentially, a federal court. And in most states, a human rights or civil rights commission represents the employee and prosecutes the employer.

Back in the late 1990s FedEx and other airlines didn't want to provide benefits to the same sex partners of their SFO employees, in violation of a city law requiring this. The City took the case to court on behalf of the employees and won, in favor of spousal-type benefits for same sex partners. The 9th Circuit told FedEx et al. that neither the Commerce Clause nor the RLA shielded it from state and local civil rights claims. See http://caselaw.findlaw.com/us-9th-circuit/1040158.html

The only federal Constitutional issue here is whether FedEx can hide behind the Commerce Clause and break anti-discrimination laws. It can't, at least, not within the 9th Circuit states.

 

Like I said, if you feel bringing up your constitutional rights during your disciplinary hearing with the Chief Pilot, I wish you all the luck in the world! That said, I feel as if I am talking to my kids. Trips about over and it's time to get home and forget about this nonsense. Good luck!

 

If your kids have language comprehension problems, it may be hereditary. Slow down and read this time:

There are NO Constitutional rights involved. There are state-recognized civil rights. And they don't get raised in the disciplinary hearings (which, BTW, for at least five HKG pilots, are over and done). They get raised by the states when the states sue FedEx.

Glad you can just forget about this nonsense. Many of us don't have that luxury.

 

I love it when pilots argue...

Pilot 1: "I'm right. You're wrong!"

Pilot 2: "No, I'm right. You won't change my mind, but here's why you should change yours..."

Pilot 1: "No, I'm right. Here are some other non-pertinent facts that will help us argue some more..."

Pilot 2: "I'm a doctor in my free time, so now you need to listen."

Pilot 1: "Yeah, well, I bet you're a terrible one and my wife's hot."

Pilot 2: "No she's not..."

And on and on and on....

 

Or this: My kid can beat up your honor student.

 

Jethro,
I've seen you kid. No he can't. Actually, neither can you. Fight's On.

 

yaaaawwwnnnn............