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-   -   Any "Latest & Greatest" about Delta? (https://www.airlinepilotforums.com/delta/36912-any-latest-greatest-about-delta.html)

OOfff 07-05-2017 04:22 PM


Originally Posted by gloopy (Post 2389901)
Yep. ALPA put out incredibly bad advice on this critical FAR issue. In no way possible is 8 hours behind the door the same as 8 hours uninterrupted sleep opportunity. That was an incredibly irresponsible and false interpretation and they need to retract it immediately.

The FAR's state 10 rest with 8 uninterrupted sleep opportunity. 8 behind the door is not sufficient for that legal requirement under any possible context. More is always required by law.

Does the law say "sleep" opportunity, or "rest" opportunity?

notEnuf 07-05-2017 05:02 PM


Originally Posted by Falcon20 (Post 2389999)
I like the new flight ops memo that says the GA kin care law doesn't apply and they are planning to challenge the ones in CA WA and MN. Nothing like taking care of your people Steve!!!

This will only expand across the country. They know that. Instead of honoring the law and the laws of states where pilot bases are, they will make ALPA negotiate for it. It's coming, no reason to just hand it to the biggest base if the lawyers say they can stall it until negotiations.

Our future, our fight. :rolleyes: ...unless we don't like the resultant legislation.

captkdobbs 07-05-2017 06:07 PM


Originally Posted by OOfff (Post 2390035)
Does the law say "sleep" opportunity, or "rest" opportunity?


FAR 117.25(f): The 10 hour rest period must provide the flightcrew member with a minimum of 8 uninterrupted hours of sleep opportunity.
"SLEEP" This is directly out of the reg.

nohat 07-05-2017 06:15 PM


Originally Posted by notEnuf (Post 2390049)
This will only expand across the country. They know that. Instead of honoring the law and the laws of states where pilot bases are, they will make ALPA negotiate for it. It's coming, no reason to just hand it to the biggest base if the lawyers say they can stall it until negotiations.

Our future, our fight. :rolleyes: ...unless we don't like the resultant legislation.

I hope we don't loose negotiating capital on this, but if it comes to that it should include all pilots no matter what state you are in. I think United already won this case in CA!

flyallnite 07-05-2017 06:39 PM


Originally Posted by nohat (Post 2390086)
I hope we don't loose negotiating capital on this, but if it comes to that it should include all pilots no matter what state you are in. I think United already won this case in CA!

I suspect this will end up in court, either as an individual case or as a class action. A union can't negotiate what laws of the land apply and what laws don't.

gloopy 07-05-2017 06:46 PM


Originally Posted by OOfff (Post 2390035)
Does the law say "sleep" opportunity, or "rest" opportunity?

Both, because it says 10 rest and 8 sleep opportunity. Both of those have to be a part of the rest period in question. For example, hotel transportation still counts as "rest" like it used to even though the period was increased from 8 to 10. But an additional 8 hours minimum uninterrupted sleep opportunity was added. That can in no way imaginable be accomplished in 8 hours behind the door.

gloopy 07-05-2017 06:49 PM


Originally Posted by nohat (Post 2390086)
I hope we don't loose negotiating capital on this, but if it comes to that it should include all pilots no matter what state you are in. I think United already won this case in CA!

It absolutely should count for all pilots. As long as they have a base somewhere that requires a disproportionate benefit from a collectively bargained one, we all should get it.

Some states have additional plans, like NY state disability etc, where you have to pay into it but get whatever benefit it offers. But MN and CA et al are mandating that those bases get to use the same collectively negotiated benefit in excess of everyone else who paid equally to negotiate it in the first place. Good for one, good for all.

gloopy 07-05-2017 06:52 PM


Originally Posted by flyallnite (Post 2390102)
I suspect this will end up in court, either as an individual case or as a class action. A union can't negotiate what laws of the land apply and what laws don't.

Nor can states dictate how protected collectively bargained rights apply differently through sheer force of political will. If they want to offer a special benefit to their workers, they can do it at the state level with their magical taxes and all that.

notEnuf 07-05-2017 07:00 PM


Originally Posted by gloopy (Post 2390110)
It absolutely should count for all pilots. As long as they have a base somewhere that requires a disproportionate benefit from a collectively bargained one, we all should get it.

Some states have additional plans, like NY state disability etc, where you have to pay into it but get whatever benefit it offers. But MN and CA et al are mandating that those bases get to use the same collectively negotiated benefit in excess of everyone else who paid equally to negotiate it in the first place. Good for one, good for all.

What are you willing to give up for that?

sailingfun 07-06-2017 03:50 AM

Keep in mind that this entire discussion could open up a can of worms at some point that we really don't want to explore. If state laws fully apply to workers under the RLA they will argue that they have the right to tax those workers and move for a repeal of the federal law that overrides states abilities to level taxes on transportation workers.
The courts have already ruled at the federal level that a pilots domicile is his place of work and since the place of work not residence is the taxing authority for states for all other workers this could become a bad thing.
You think NYC is junior now wait to see the result when everyone based there has to pay NYC state and city taxes!!


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