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Old 01-19-2020, 04:53 PM
  #11  
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The OP knows the employer can’t discriminate based on it. United isn’t the employer though. Kinda a sticky spot to be in. I doubt there’s anything in HR law that prohibits it. To be fair, that’s a horrible way to choose applicants from a safety culture.
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Old 01-21-2020, 02:01 PM
  #12  
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Yes - they can mark down that you were not able to extend.

There is no non-retaliation provision in FAR's in this case.

If you can't extend because you were responsible for your own fatigue - company can go after you.

You can turn down an extension even if not fatigued. From there it goes to CBA in terms of responsibilities / consequences etc.
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Old 01-31-2020, 06:03 AM
  #13  
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Originally Posted by jonnyjetprop View Post
Originally Posted by dynap09 View Post
Yes - they can mark down that you were not able to extend.

There is no non-retaliation provision in FAR's in this case.

If you can't extend because you were responsible for your own fatigue - company can go after you.

You can turn down an extension even if not fatigued. From there it goes to CBA in terms of responsibilities / consequences etc.
Unfortunately the FAA punted on the disciplinary ramifications of extension refusals.

I know of one airline at least where extensions are mandatory... if you don't want to extend, you must call in fatigued (if you do that, you're fully protected).

Fatigue calls are probably "safer" than refusing extension, if in doubt about company blowback I would do that every time.

The FAA has at least set the tone that employers must tread lightly on fatigue calls... ultimately if you do it regularly without a good *employer-induced* reason, you could be disciplined. Especially if it looks like a pattern of abuse. But an occasional fatigue call with a good explanation is fine.

But there's nothing that prevents employers from documenting any of it.
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Old 01-31-2020, 06:15 AM
  #14  
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Originally Posted by IDIOTPILOT View Post
The OP knows the employer can’t discriminate based on it. United isn’t the employer though. Kinda a sticky spot to be in. I doubt there’s anything in HR law that prohibits it. To be fair, that’s a horrible way to choose applicants from a safety culture.
Any rational pilot recruiter would be looking for a pattern that hints at abuse. They are out there, guys chronically fatigued when they miss their commute, or guys who just can't be bothered to work outside of banker's hours or on weekends/holidays.

But a very occasional fatigue situation should not ruffle too many feathers as far as majors go. Hopefully. Sucks, but that's the game you have to play. Once you get to a major the pressure's off.
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