Am I being stupid?
#1
Thread Starter
What’s it doing now?
Joined: Mar 2011
Posts: 726
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From: 190CA
Thought I would post this here for opinions from those who have been in the industry longer than me.
When I checked out 4 days ago my schedule was to start reserve today 4am - 4pm. Yesterday when I was off scheduling left me a message to check online and self notify or call them back about a schedule change. This morning at 9am they called to tell me that I am swapped to 9-9 reserve for the week. I don't care when the time is and our contract has no provisions about swapping times. I live in base so it's not an issue of commuting. When I said that it was fine for the rest of the week but today I thought I started at 4am they simply said that's why we tried to notify you yesterday. Is there a legal conflict with this? I'm concerned a situation will arise where I believe that I started at a certain time and thus am only legal for 16 hours from then while scheduling believes I am legal longer. Should I just be checking my schedule and self notify on my day off? I like my job, I'm flexible and Im not trying to play games. I just don't want to end up in a conflict over legality.
When I checked out 4 days ago my schedule was to start reserve today 4am - 4pm. Yesterday when I was off scheduling left me a message to check online and self notify or call them back about a schedule change. This morning at 9am they called to tell me that I am swapped to 9-9 reserve for the week. I don't care when the time is and our contract has no provisions about swapping times. I live in base so it's not an issue of commuting. When I said that it was fine for the rest of the week but today I thought I started at 4am they simply said that's why we tried to notify you yesterday. Is there a legal conflict with this? I'm concerned a situation will arise where I believe that I started at a certain time and thus am only legal for 16 hours from then while scheduling believes I am legal longer. Should I just be checking my schedule and self notify on my day off? I like my job, I'm flexible and Im not trying to play games. I just don't want to end up in a conflict over legality.
#4
Banned
Joined: Oct 2008
Posts: 1,857
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Obviously some of us don't know your contract provisions, but to simply put it, "I would rather be call the day before -even on my last day off- than at 4 am of a schedule change."
Good luck.
Btw
(Stupid would be not asking)
Good luck.
Btw
(Stupid would be not asking)
#5
Prime Minister/Moderator

Joined: Jan 2006
Posts: 45,127
Likes: 796
From: Engines Turn or People Swim
They can't "retro-actively" push your start time after you duty on at 0400. The grey area here is what constitutes notification...that's in your contract, not really in the FARs. Typically a VM or other message does not count unless they talk to you in person or you self-notify BEFORE you duty on..
If you don't want that change today, tell them you were not officially notified prior to duty-on, so your duty-on time is legally fixed at 0400 and cannot be "undone".
From a FAR legality perspective, this on of those "if a tree falls in the woods and nobody is there to hear it, does it make a noise?" situations. Basically if you WANT to duty on at 0900 instead of 0400, nobody but you can say whether that happened or not.
If you don't want that change today, tell them you were not officially notified prior to duty-on, so your duty-on time is legally fixed at 0400 and cannot be "undone".
From a FAR legality perspective, this on of those "if a tree falls in the woods and nobody is there to hear it, does it make a noise?" situations. Basically if you WANT to duty on at 0900 instead of 0400, nobody but you can say whether that happened or not.
#6
Gets Weekends Off
Joined: Aug 2011
Posts: 544
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From: Driving a Bus for Recreational Pleasure.
If you self notified on your day off then you're start time will be whatever the change was. If you didn't, then you would start day 1 at 4a. If they call you at 4:01 to say your RSV period starts later in the day it's illegal. They'd have to give you at least 8 hours of rest to start you later since your duty period already started at 4a. Now, if that's legal per your contract to have 2 RSV duty periods in a 24 hour period you're good to go, which I'm pretty sure it's not.
#9
Same here. If I'm off duty, it is impossible for me to be notified of anything unless I choose to be.
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