TonyC

I don't know why, I don't know the justification, and I'm trying to find a reason why it should not be challenged for the two reasons I mentioned above. I didn't think it was fair for me to get a bigger bonus because I met the deadline by a day for activation in a higher paying seat, but I'm seeing (here and on JetFlyers) people complain because they got screwed because their upgrade wasn't counted because TA date was used instead of DOS.

As for the full bonus credit for a last minute upgrade, I felt the same way before, but there was no way to challenge the methodology. Based on the CBA language, it appeared to be FedEx's choice as to how it was split up, and it was part of the deal, take it or leave it. This time we're told it was FedEx ALPA's choice, and if we don't like it, here's how to challenge the methodology.

If both of the challenges I mentioned above were to be successful, I don't know what the net effect on my own personal amount would be. One would likely increase the amount, but the other might have a more negative effect. I think the principles are more important than the pennies, but I'm curious to hear if others agree with the principles.






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TonyC

I don't believe they were excluded. If they had pensionable wages, they should have received 1% up to $2,600 dollars, just like everyone else.






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msduckslyr

When a military member returns from long term mil leave, he/she has pensionable earnings as if he/she never left.

Yet, upon return, those gone for ltmla during the 2011 signing did not receive that bonus like everyone else. It was written in the 2011 signing to exclude military leave by both company and ALPA. This was illegal yet never corrected when brought to the attention of labor relations and the Union. It is my understanding a group of these folks are taking this to court.

Couldn't the Union look into this for them? If I understand it, the Union is aware of the situation and advised them it was illegal in 2011. I am glad they got it correct this contract signing, but why make them fight it in court?

Nightflyer

They make them fight it in court, because they count on you not having enough money to do it.

If you sue ALPA and win, do they pay your attorney's fees?

If not, that's the reason.

Sluggo_63

I may be wrong, but with USERRA complaints (which I believe this would be), the Department of Labor is the one bringing the suit on the members' behalf. And they definitely have the money to fight them in court...

TonyC

I may be wrong (wouldn't be the first time), but I was not aware that a military member on leave would have pensionable wages for that period. I DO believe he is entitled to B-Plan contributions AS IF HE HAD pensionable wages, but I don't think there are actual wages from which are deducted taxes and dues and such. Again, I may be mistaken.

I was never made aware as a member of the MEC after the 2011 CBA was ratified that there were questions or complaints about the 1% bonus and its application to pilots on Military Leave. If I'm elected this Tuesday, I'll make it a priority to find out and do what it takes to fix it. There's no good reason for those pilots to be penalized.






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Raptor

A member on mil leave is covered by USERRA as we all know. When a pilot is away on short term military leave, trips are dropped that are in his/her schedule. The pilot receives no wages for that dropped trip, but the B fund percentage is paid on the CH of the trip. The term used is imputed earnings. The company has 90 days maximum after the trip to fill the pilot's B fund with the correct amount and it's listed in the Vanguard contributions as sourced from MLA.

The pilot on long term mil leave, 31+ days, when he/she returns from military leave also has imputed earnings. But in this case, the pilot didn't get a schedule filled with actual CH dropped for the 6 months, 2 years, or whatever term away. USERRA permits the use of the previous 12 month's earnings to establish how the imputed earnings should be calculated for the purposes of the B fund contribution. Once again, the company has 90 days from the pilot's return to make this contribution to the Vanguard account.

USERRA protects "perquisites of seniority" of which pension, years of service, etc are protected. A pilot on long term military leave continues to accrue years of longevity for the A fund too. Let's say a pilot worked at FedEx from 2000 to 2025 and from 2010 to 2015 was on mitary leave. The pilot would still have 25 years of credited service for pension (A fund) purposes--not 20.

USERRA also protects the pilot's employment as if he/she were continuously employed. They have to treated the same as every other pilot when it comes to "perquisites of seniority". (Note this is not the same meaning of seniority as we think of when it comes to our seniority number. One way you can think of the term is that an MLA pilot must get anything anyone gets as a pilot just by existing. Longevity--you exist, you get. Wages--existing doesn't get one squat, you have to work to get wages, pensions are a special protected case, etc). A signing bonus can be required to be paid or it may not have to be, based on how it's defined. For example, a pilot on MLA does not earn vacation accrual while he/she is away, nor are sick hours earned. They did not do work required to earn it. A bonus which is retro pay may not be required to be paid, but a bonus which is a signing bonus isn't earned by work, and thus is a perquisite of "existing" and must be paid to the MLA pilot.

Tony has described before how the rules changed some time back so retro pay is no longer possible because of IRS(?) rulings? This should make all bonuses as if that date payable to MLA pilots.

Laughing_Jakal

Geez...no wonder guys like those military leaves of absence

Adlerdriver

Yeah, military employees leave their families, take a serious pay cut and possibly go into harms way on a daily basis on the other side of the planet just to take advantage of such a good deal.

MaydayMark

You're not smart enough to be a pilot ... what do you really do?

Maybe I'm missing the sarcasm (no emojis)?