Any "Latest & Greatest" about Delta?
Gets Weekends Off
Joined: Jul 2007
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From: Permanently scarred
From Scheduling Alert 13-08-1:
During each required 10 hour rest period (#2 above), a pilot must determine whether he has received a minimum of eight consecutive hours of sleep opportunity. Any disturbance, such as a fire alarm, phone call from the company, etc., requires him to determine whether his sleep opportunity has been interrupted. For example, some pilots may have no problem returning to sleep after hearing a fire alarm, while others may find it difficult to get back to sleep even if the interruption was short. A pilot who is unable to get back to sleep would be required to advise Crew Tracking or Crew Scheduling that his sleep opportunity was interrupted. The rest period would no longer satisfy the requirement for 10 hours of rest with eight hours of uninterrupted sleep opportunity, and the pilot’s schedule would have to be adjusted as necessary.
So if the drunks in the room next to me wake me up at 2AM and I couldn't get eight hours uninterrupted sleep, it's not a call for fatigue, it's a call that the FAR can not be adhered to. IMO, it wouldn't hurt for DALPA to get some insurance on this point and make sure it's made clear in our PWA, rather than let it go and hope for the best (i.e. leave it to the CP to decide if you should get paid because the CP decided it's a fatigue call rather than a situation where the FAR could not be complied with).
Gets Weekends Off
Joined: Jul 2010
Posts: 12,831
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From: window seat
Gloopy,
I understand where you are coming from with the Commerce Clause and the General Welfare Clause, but your example referenced the First Amendment. With that, I can assure you, the burden of proof is on the government to prove that its law/regulation is at the very least reasonably related to a legitimate governmental purpose. (But, the way you lay it out, the government would be held to an even higher standard than that.)
From your post, I'm gathering that you believe the Supreme Court is part of the federal government, thus part of the problem. But, from what I've learned, the Court takes First Amendment challenges very seriously. The government has to walk a very tight rope when it tries to regulate speech. In the past, while some regulations of speech were upheld, most failed to meet constitutional muster. So, I can just about assure you that your EPA example of regulation would be struck down.
I understand where you are coming from with the Commerce Clause and the General Welfare Clause, but your example referenced the First Amendment. With that, I can assure you, the burden of proof is on the government to prove that its law/regulation is at the very least reasonably related to a legitimate governmental purpose. (But, the way you lay it out, the government would be held to an even higher standard than that.)
From your post, I'm gathering that you believe the Supreme Court is part of the federal government, thus part of the problem. But, from what I've learned, the Court takes First Amendment challenges very seriously. The government has to walk a very tight rope when it tries to regulate speech. In the past, while some regulations of speech were upheld, most failed to meet constitutional muster. So, I can just about assure you that your EPA example of regulation would be struck down.

So yes, they may tend to take (most) first amendment cases seriously...for now...but they all but ignore the 4th, 5th, 9th and 10th while basically declaring the 16th the bedrock of the nation, imagine that. Which is of course the exact situation many founders predicted we would be in which is why there was such a fierce debate for even having a codified bill of rights in the first place. Many worried that by writing some down, since you can't possibly write down all rights, that later courts would look at what you wrote as an exhaustive list of rights and exclusion from that list would imply a non right. The compromise was the extremely powerful and limiting 9th and 10th amendments. So to get around that, endless sophistry has been applied for generations to bend reality and make anything and everything into either a general welfare or an interstate commerce clause issue, thus erasing the 9th and 10th amendments.
It used to be that if it wasn't in the Constitution, it wasn't a federal power. Now anything and everything is 100% federal because of general welfare or it somehow through the butterfly effect touches something across a state line eventually and therefore is the interstate commerce clause. That is clearly unconstitutional over reach. The problem isn't the court itself though. Its the people who elect the people who put the people onto the court in the first place. As long as we keep looking for a government that is big enough to give us everything we need, we will keep getting the government that is big enough to take everything we have.
Good point.
What does the company wants from us in any 117 negotiations?
The status quo is that pay/flight time starts concurrently. However, the reg states that flight time starts when the plane moves under its own power--not the tug's.
Perhaps this is a chance to get "door pay"...with the caveat that our flight time doesn't count for duty purposes until the airplane taxis. Is that "latency" significant enough to merit a contractual change? "Latency...." where have we heard that before?
What does the company wants from us in any 117 negotiations?
The status quo is that pay/flight time starts concurrently. However, the reg states that flight time starts when the plane moves under its own power--not the tug's.
Perhaps this is a chance to get "door pay"...with the caveat that our flight time doesn't count for duty purposes until the airplane taxis. Is that "latency" significant enough to merit a contractual change? "Latency...." where have we heard that before?

The ability to use reroutes as the new short call hasn't changed btw.
In regard to what I see in 117, domestically, what we need is rig improvements as our protection. Door pay is fine, but is not a solution.
BTW, on this stuff, I am not the smartest guy in the room. I'm the dummazz who is responding to a post.
Straight QOL, homie
Joined: Feb 2012
Posts: 4,202
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From: Record-Shattering Profit Facilitator
Now I need you to stop everything your doing! I have some urgent news.
Disclaimer: if you find sexual content crass then move along and save your breath.
Semen is 'good for women's health and helps fight depression' | Mail Online
It sounds scientific so it must be?
Perhaps this line of positive engagement with management would help build up our negotiating capital for C2015? Can we hire these guys for some consultant work? Their good if they can sell this.
Disclaimer: if you find sexual content crass then move along and save your breath.
Semen is 'good for women's health and helps fight depression' | Mail Online
It sounds scientific so it must be?
Perhaps this line of positive engagement with management would help build up our negotiating capital for C2015? Can we hire these guys for some consultant work? Their good if they can sell this.
Last edited by Vikz09; 11-12-2013 at 07:09 PM.
Duplicate post
Now I need you to stop everything your doing! I have some urgent news.
Disclaimer: if you find sexual content crass then move along and save your breath.
Semen is 'good for women's health and helps fight depression' | Mail Online
It sounds scientific so it must be?
Perhaps this line of positive engagement with management would help build up our negotiating capital for C2015? Can we hire these guys for some consultant work? Their good if they can sell this.
Disclaimer: if you find sexual content crass then move along and save your breath.
Semen is 'good for women's health and helps fight depression' | Mail Online
It sounds scientific so it must be?
Perhaps this line of positive engagement with management would help build up our negotiating capital for C2015? Can we hire these guys for some consultant work? Their good if they can sell this.
Best comments:
- this article is a bit hard to swallow.

- Maybe that's why my wife is always depressed.

- Only suckers would believe this story.

Good point.
Changing the subject: What does the company want from us in 117 negotiations?
The status quo is that pay/flight time starts concurrently. However, the reg states that flight time starts when the plane moves under its own power--not the tug's.
Perhaps this is a chance to get "door pay"...with the caveat that our flight time doesn't count for duty purposes until the airplane taxis. Is that "latency" significant enough to merit a contractual change? "Latency...." where have we heard that before?
Changing the subject: What does the company want from us in 117 negotiations?
The status quo is that pay/flight time starts concurrently. However, the reg states that flight time starts when the plane moves under its own power--not the tug's.
Perhaps this is a chance to get "door pay"...with the caveat that our flight time doesn't count for duty purposes until the airplane taxis. Is that "latency" significant enough to merit a contractual change? "Latency...." where have we heard that before?

What was the vote that spelled the end of 3.B.6? I don't remember all the specifics, but I believe it was saying that if they didn't want to negotiate payrates for the 777, we didn't care if they got it.... and they came to the table. If that doesn't count, then I am wrong. However, that being said, a yes/no scorecard is meaningless and parochial.
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