Junior man vs 117
#32
Banned
Joined: Jan 2006
Posts: 6,929
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From: A-320
We have a similar system. Guys that want to fly on days off can call and place themselves on the standing available list. This list of guys is supposed to be called first in the case of an open trip with no reserve coverage. Anyone on this list would be considered to have requested the contact, and as such would not require a subsequent 10 hour rest period.
#33
On Reserve
Joined: Jul 2008
Posts: 12
Likes: 0
"Turning to ALPA’s other question, if a flightcrew member is not on a rest period, the certificate holder may contact the flightcrew member to schedule a flight assignment. However, pursuant to § 117.25(b) and (e), the certificate holder would then need to provide that flightcrew member with the requisite rest period prior to beginning the FDP. The certificate holder would also have to follow the FDP notification requirements of longcall reserve, as this type of contact and FDP assignment would qualify as longcall reserve pursuant to the definition of that term in § 117.3"
So according to the FAA a JA would be considered a long call reserve assignment thus requiring 10 hours of rest between the call and start of FDP.
So according to the FAA a JA would be considered a long call reserve assignment thus requiring 10 hours of rest between the call and start of FDP.
#34
Incorrect interpretation to the clarification!
This is what the FAA's clarification states:
Question:
"ALPA asked whether an air carrier could contact a flightcrew member when the flightcrew member is off duty but not on a rest period to give a flight assignment. If so, ALPA questioned whether the carrier must provide at least 10 hours of rest prior to the flight assignment. ALPA also asked whether a flightcrew member could voluntarily elect to ‘‘pick up a trip’’ from open time if he or she will have the requisite rest prior to the report time for that trip."
The way the FAA answered (not exactly answering what ALPA asked, but nevertheless, the answer):
"Turning to ALPA’s other question, if a flightcrew member is not on a rest period, the certificate holder may contact the flightcrew member to schedule a flight assignment. However, pursuant to § 117.25(b) and (e), the certificate holder would then need to provide that flightcrew member with the requisite rest period prior to beginning the FDP. The certificate holder would also have to follow the FDP notification requirements of longcall reserve, as this type of contact and FDP assignment would qualify as longcall reserve pursuant to the definition of that term in § 117.3"
"Rest period: means a continuous period determined prospectively during which the crewmember is free from all restraint by the certificate holder, including freedom from present responsibility for work should the occasion arise."
A DAY OFF is a REST PERIOD, therefore what the SPA Scheduling Committee stated is FALSE!
If I'm on a six day of stretch of days off and get solicited to be JA'ed for MCO turn on day 3 of my days off (a rest period, according to the FAA's definition), there is absolutely no way I need 10 hours of additional rest after the solicitation call! All I need is the required rest after the end of my last FDP. The FAA's clarification does NOT apply for a call during a rest period as explained above! The key statement on the answer is "if a flightcrew member is not on a rest period (...)"
This is pure logic. What are you guys smoking?!
http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/Part117/
This is what the FAA's clarification states:
Question:
"ALPA asked whether an air carrier could contact a flightcrew member when the flightcrew member is off duty but not on a rest period to give a flight assignment. If so, ALPA questioned whether the carrier must provide at least 10 hours of rest prior to the flight assignment. ALPA also asked whether a flightcrew member could voluntarily elect to ‘‘pick up a trip’’ from open time if he or she will have the requisite rest prior to the report time for that trip."
The way the FAA answered (not exactly answering what ALPA asked, but nevertheless, the answer):
"Turning to ALPA’s other question, if a flightcrew member is not on a rest period, the certificate holder may contact the flightcrew member to schedule a flight assignment. However, pursuant to § 117.25(b) and (e), the certificate holder would then need to provide that flightcrew member with the requisite rest period prior to beginning the FDP. The certificate holder would also have to follow the FDP notification requirements of longcall reserve, as this type of contact and FDP assignment would qualify as longcall reserve pursuant to the definition of that term in § 117.3"
"Rest period: means a continuous period determined prospectively during which the crewmember is free from all restraint by the certificate holder, including freedom from present responsibility for work should the occasion arise."
A DAY OFF is a REST PERIOD, therefore what the SPA Scheduling Committee stated is FALSE!
If I'm on a six day of stretch of days off and get solicited to be JA'ed for MCO turn on day 3 of my days off (a rest period, according to the FAA's definition), there is absolutely no way I need 10 hours of additional rest after the solicitation call! All I need is the required rest after the end of my last FDP. The FAA's clarification does NOT apply for a call during a rest period as explained above! The key statement on the answer is "if a flightcrew member is not on a rest period (...)"
This is pure logic. What are you guys smoking?!
http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/Part117/
#35
Banned
Joined: Feb 2008
Posts: 501
Likes: 0
From: A320 CA
"Turning to ALPA’s other question, if a flightcrew member is not on a rest period, the certificate holder may contact the flightcrew member to schedule a flight assignment. However, pursuant to § 117.25(b) and (e), the certificate holder would then need to provide that flightcrew member with the requisite rest period prior to beginning the FDP. The certificate holder would also have to follow the FDP notification requirements of longcall reserve, as this type of contact and FDP assignment would qualify as longcall reserve pursuant to the definition of that term in § 117.3"
So according to the FAA a JA would be considered a long call reserve assignment thus requiring 10 hours of rest between the call and start of FDP.
So according to the FAA a JA would be considered a long call reserve assignment thus requiring 10 hours of rest between the call and start of FDP.
"Rest period: means a continuous period determined prospectively during which the crewmember is free from all restraint by the certificate holder, including freedom from present responsibility for work should the occasion arise."
#36
Can't you just feel the love?
#37
Banned
Joined: Feb 2008
Posts: 501
Likes: 0
From: A320 CA
Yes I will. I went to college and grad school so I can read a little bit of legalize. I don't need a Scheduling Committee to misinterpret logical statements. Sending out FALSE information to our pilot group is against the By-laws and Code of Ethics. If you have ALPA Legal's (National's) interpretation, go ahead and send THAT out... and even so, a union interpretation means absolutely nothing. What counts is what the regulation says, and the FAA's clarification is pretty clear. Black and white on the Code of Federal Regulations and Federal Register. you and your buddies haven't been able to shut down JA's and MUP's...
Last edited by A320Flyer; 01-09-2014 at 01:09 PM. Reason: correction
#38
Yes I will. I went to college and grad school so I can read a little bit of legalize. I don't need a Scheduling Committee to misinterpret logical statements. Sending out FALSE information to our pilot group is against the By-laws and Code of Ethics. If you have ALPA Legal's (National's) interpretation, go ahead and send THAT out... and even so, a union interpretation means absolutely nothing. What counts is what the regulation says, and the FAA's clarification is pretty clear. Black and white on the Code of Federal Regulations and Federal Register. Don't get mad because you and your buddies haven't been able to shut down JA's and MUP's...
Oh, by the way, ALPA legal wrote that portion of the update...but you're so damn smart you knew that already too
#39
Gets Weekends Off
Joined: Jan 2009
Posts: 354
Likes: 0
vi. Assigning an FDP
A4A and Alaska Air asked whether a rest period that is longer than the regulatory minimum could be terminated early if the resulting rest satisfied the minimum regulatory requirements. ALPA asked whether an air carrier could contact a flightcrew member when the flightcrew member is off duty but not on a rest period to give a flight assignment. If so, ALPA questioned whether the carrier must provide at least 10 hours of rest prior to the flight assignment. ALPA also asked whether a flightcrew member could voluntarily elect to “pick up a trip” from open time if he or she will have the requisite rest prior to the report time for that trip.
As discussed above, the start of a previously-scheduled FDP can only be changed by utilizing the reserve provisions of § 117.21. As such, a certificate holder that wishes to bump up the time of a previously-scheduled FDP would have to provide the flightcrew member with the pertinent long-call-reserve notice of the FDP change. Alternatively, if a certificate holder anticipates that it may need to call in a flightcrew member for an FDP, then that certificate holder should provide the flightcrew member with the required 10-hour rest period and then place the flightcrew member on short-call reserve.
These circumstances change if a flightcrew member decides, on his/her own initiative, to pick up a trip from open time, as the regulations do not prohibit this practice as long as the flightcrew member has received the required rest. However, the FAA cautions flightcrew members that § 117.5(a) requires a flightcrew member to “report for any flight duty period rested and prepared to perform his or her assigned duties.” The preamble to the final rule explains that this provision was added to the regulations to, among other things, “discourage flightcrew-member practices such as picking up extra hours.” [44] Thus, while a flightcrew member is free to voluntarily pick up extra flight hours from open time, the flightcrew member may be in violation of § 117.5(a) if this activity results in the flightcrew member becoming unduly fatigued.
Turning to ALPA's other question, if a flightcrew member is not on a rest period, the certificate holder may contact the flightcrew member to schedule a flight assignment. [45] However, pursuant to § 117.25(b) and (e), the certificate holder would then need to provide that flightcrew member with the requisite rest period prior to beginning the FDP. The certificate holder would also have to follow the FDP notification requirements of long-call reserve, as this type of contact and FDP assignment would qualify as long-call reserve pursuant to the definition of that term in § 117.3.
Last edited by mynameisjim; 01-09-2014 at 01:27 PM.
#40
Banned
Joined: Feb 2008
Posts: 501
Likes: 0
From: A320 CA
ALPA's clarification...
Q-32. A flightcrew member is on days off. Can the company call him for a flight assignment?
A-32. Yes. If the flightcrew member answers the call, the
company can assign him to flight duty. However, the
Company must give the flightcrew the required 10-hour
rest period and then place the crewmember on short call
reserve.
Nothing here says 10 hours rest from the time of the call to the time of the assignment.
Example:
I arrived Saturday night 23:00 local, and at 00:00 on Sunday I'm officially on a day off.... I then get called 11:00am Sunday for a JA. Well, I've been on rest for 12 hours. The minimum required rest since my last FDP has been provided (10 hours)... They then place me on a "11:00am RAP" for my future FDP determination and out to fly I go. They obviously cannot JA me for a trip on the day off if they did not give me the required prior 10 hour rest.
Again, where does it say that one needs 10 hours from the time of the solicitation call to the assignment on a day off?
Q-32. A flightcrew member is on days off. Can the company call him for a flight assignment?
A-32. Yes. If the flightcrew member answers the call, the
company can assign him to flight duty. However, the
Company must give the flightcrew the required 10-hour
rest period and then place the crewmember on short call
reserve.
Nothing here says 10 hours rest from the time of the call to the time of the assignment.
Example:
I arrived Saturday night 23:00 local, and at 00:00 on Sunday I'm officially on a day off.... I then get called 11:00am Sunday for a JA. Well, I've been on rest for 12 hours. The minimum required rest since my last FDP has been provided (10 hours)... They then place me on a "11:00am RAP" for my future FDP determination and out to fly I go. They obviously cannot JA me for a trip on the day off if they did not give me the required prior 10 hour rest.
Again, where does it say that one needs 10 hours from the time of the solicitation call to the assignment on a day off?
Last edited by A320Flyer; 01-09-2014 at 02:10 PM. Reason: typo
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