Originally Posted by oncewasgood (Post 3627180)

Sent to me regarding UPS International flying


7. Common Carriage Limitations

a. Common carriage within the fifty (50) United States will be in accordance with the definition of “Common carriage (within the fifty (50) United States)” contained in Article 2.

b. The “Common Carriage Weekly Aggregate Limits” set forth in paragraph c. below are maximum limits on utilization of common carriage on all scheduled service between international points (i.e. those outside of the U.S.); on flights between an international point and the Western U.S. region; and on flights between an international point and the Eastern U.S. region. An “international point” for purposes of this section shall include a one hundred and twenty-five (125) nautical mile radius of the international airport of departure/arrival. The “Western U.S. region” and “Eastern U.S. region” will be determined as outlined in Article 1.D.7.e.(4) below.

c. Weekly aggregate limits between two international airports or between an international airport and a U.S. region (as described above) will be based on the Company’s frequency/utilization of common carriage service:

(1) Five (5) or less service days per week:

If the flight is 5:00 block hours or less, UPS is limited to no more than forty-five (45) containers per week when the Company utilizes any common carrier for five (5) or less service days per week. In those cases where the scheduled flight time between locations is over 5:00 block hours, the limit shall be no more than fifty (50) containers per week.

(2) Six (6) service days per week:

If the flight is 5:00 block hours or less, UPS is limited to no more than fifty-four (54) containers per week when the Company utilizes any common carrier for six (6) service days per week. In those cases where the scheduled flight time between locations is over 5:00 block hours, the limit shall be no more than sixty (60) containers per week.

(3) Seven (7) service days per week:

If the flight is 5:00 block hours or less, UPS is limited to no more than sixty-three (63) containers per week when the Company utilizes any common carrier for seven (7) service days per week. In those cases where the scheduled flight time between locations is over 5:00 block hours, the limit shall be no more than seventy (70) containers per week.

d. In the event UPS exceeds any common carriage limitation listed above, each such exceedance will be reported to the Association and will be counted as a subcontracting day pursuant to the limitations on subcontracting contained in Article 1.D.1.c., unless UPS has invoked Article 1.D.7.e.

e. Temporary Common Carriage Flex

For the purpose of developing new markets for the Company, and new work opportunities for crewmembers represented by the IPA, the parties have agreed that the regular “Common Carriage Weekly Aggregate Limits” may be “flexed” to temporarily allow for greater utilization of common carriage than stated in Article 1.D.7.c. in accordance with the following rules and limits:

(1) The parties have established a Joint Competition Committee (JCC) (see Letter of Agreement). In order to test the viability of expanding a market by increasing normal common carriage limits, the Company may declare a one-time per route, thirtynine (39) week “flex period.” During the flex period, UPS may utilize up to one hundred and fifty (150) containers per week on the route (between the international points; between international points and U.S. regions as outlined above). If a route has been “flexed”, subsequently reverts back to normal limits and then exceeds the limits set forth in Article 1.D.7.c., each such exceedance will count as a subcontracting day in accordance with this Section unless the JCC agrees that another flex period is warranted.

(2) At the conclusion of the thirty-nine (39) week flex period, the JCC will meet and conduct an analysis of the route. If the average weekly common carriage meets or exceeds the following volume triggers, then UPS will either transition the flying to IPA represented crewmembers within fifty-two (52) weeks of the initiation of the flex period, or the common carriage limits will snap back to the normal limits outlined in Article 1.D.7.c. above. Based on the Company’s frequency/utilization of common carriage service, the triggers are as follows:

(a) Five (5) or less service days per week:

If the flight is 5:00 block hours or less, fifty (50) or more containers triggers IPA flying. In those cases where the flight time between locations is over 5:00 block hours, the trigger is one hundred (100) or more containers.

(b) Six (6) service days per week:

If the flight is 5:00 block hours or less, sixty (60) or more containers triggers IPA flying. In those cases where the flight time between locations is over 5:00 block hours, the trigger is one hundred and twenty (120) or more containers.

(c) Seven (7) service days per week:

If the flight is 5:00 block hours or less, seventy (70) or more containers triggers IPA flying. In those cases where the flight time between locations is over 5:00 block hours, the trigger is one hundred and forty (140) or more containers.

(3) In the event volume levels have grown above the normal common carriage weekly aggregate limits, but have not reached the “trigger levels” outlined above, then the JCC may consider a waiver on a case-bycase basis. In the absence of a mutually agreed to written waiver, normal limits will be reinstated within fifty-two (52) weeks of the initiation of the flex period.

(4) Waivers will be considered by the JCC if continuation of the “flex” is expected to increase IPA member work opportunities. For example, a waiver may be granted if a particular route is expected, at some point, to grow to the level necessary to “trigger” the addition of IPA flying. Even for those routes not expected to reach “trigger” thresholds, the parties may determine that the addition of extra volume into the UPS system is supportive of maintaining or expanding IPA flying opportunities system wide. Any waiver to the normal common carriage rules will be placed in writing, signed by the parties, and limited to no more than one (1) year in duration. Renewals will be considered. The Company will designate which U.S. airports are considered UPS “Western Region” versus UPS “Eastern Region” and notify the JCC.

(5) The JCC will receive quarterly reports of any common carriage movements which have been “flexed” in accordance with Article 1.D.7.c. above. The JCC will meet upon written request to review the Company's use of common carriage movements in a “flex” state and to determine whether such movements comply with the criteria in Article 1.D.7.

f. The Company’s utilization of common carriage, including the limitations and opportunities to temporarily “flex” those limitations, will not be used to reduce existing flying or to deprive IPA represented crewmembers of opportunities for additional flying. Under no circumstances will the Company’s rights to use common carriage be used as a mechanism for creating an independent or alternative transportation system.

Originally Posted by 123456 (Post 3629787)

Not much we can do to control extra territorial flying.

Originally Posted by DirtyPurple (Post 3629850)

It seems obvious that UPS/Atlas have stronger scope wording than FDX.

This is my question: Other than the "feel good" statement, is it legally enforceable? Legal consults from ALPA specifically concerning UPS/Atlas language have determined that because the RLA is a USA construct, any flight that doesn't touch the USA (RLA enforceable) is not subject to that strong scope wording..

As a pilot with 20+ years remaining on my FedEx career, of course I want tighter scope. .

Originally Posted by DirtyPurple (Post 3629850)

It seems obvious that UPS/Atlas have stronger scope wording than FDX.

This is my question: Other than the "feel good" statement, is it legally enforceable? Legal consults from ALPA specifically concerning UPS/Atlas language have determined that because the RLA is a USA construct, any flight that doesn't touch the USA (RLA enforceable) is not subject to that strong scope wording. I've recently seen the 16+ page pdf on Delta's alleged global scope, and I quickly lose the ability to correlate those restrictions to my FedEx career (we don't have code sharing).

As a pilot with 20+ years remaining on my FedEx career, of course I want tighter scope. However, I don't want to **** into the wind for a plastic trophy that ultimately means nothing. I enjoy this thread, there is a lot of good info and discussion in here. I can't effectively rage against a TA that I haven't seen yet. I plan on carefully reading the AIP/TA multiple times before making a decision. I've personally never understood grown adults who can read, boldly proclaiming they will not attempt to understand how a complex legal document will affect their future employment and family's QoL. My total absence on social media has shielded me from grabbing a pitchfork and burning hot for the critical issue of the day.

Oh well. I'm only responsible for my own vote. I'll keep doing the best I can to make sense of a complex issue. Appreciate the logical, well developed opinions in this thread.

Originally Posted by 123456 (Post 3629953)

That is exactly the point.. it isn’t enforceable…. According to the rep, the US scope has been improved, but nothing we can do about international that doesn’t originate in the States. It’s a closed TA section and the union is not going to reopen it and fear the company reopening other closed sections and losing what they have accomplished so far.

Originally Posted by fly2ski (Post 3630035)

Everyone needs to watch PM's new video. Out today should have an email with a link to the YouTube, well worth the 29 minutes.

Originally Posted by fly2ski (Post 3630035)

Everyone needs to watch PM's new video. Out today should have an email with a link to the YouTube, well worth the 29 minutes.