Longevity for the UAL Furlough
#3
Hint: LOA 25 provides for the post-ISL pay adjustment since the main body of the UPA (3-B) gives full DOH longevity credit for pay, including time on furlough, with certain additional restrictions (voluntary LOA, etc.)
LOA 25, paragraph 5:
"When an Integrated Seniority List is presented to the Company that satisfies the terms of Section 5 of the Transition and Process Agreement (“TPA”), pilots who are or previously were furloughed shall receive additional pay longevity credit for all time spent on furlough provided that they have additional time on furlough which was not credited for pay longevity purposes upon date of signing, and provided further that the application of such additional credit does not result in any s-United pilot having a pay longevity date that is earlier than the pay longevity date of the next most senior s-Continental pilot. For purposes of the application of the calculations required by the preceding sentence only, a hypothetical unadjusted pay longevity date for s-Continental pilots shall be used. The hypothetical unadjusted pay longevity date will be established by removing pay longevity reductions resulting from to time spent on leaves of absence."
"When an Integrated Seniority List is presented to the Company that satisfies the terms of Section 5 of the Transition and Process Agreement (“TPA”), pilots who are or previously were furloughed shall receive additional pay longevity credit for all time spent on furlough provided that they have additional time on furlough which was not credited for pay longevity purposes upon date of signing, and provided further that the application of such additional credit does not result in any s-United pilot having a pay longevity date that is earlier than the pay longevity date of the next most senior s-Continental pilot. For purposes of the application of the calculations required by the preceding sentence only, a hypothetical unadjusted pay longevity date for s-Continental pilots shall be used. The hypothetical unadjusted pay longevity date will be established by removing pay longevity reductions resulting from to time spent on leaves of absence."
Translation: CAL pilots receive full longevity credit for pay and UAL pilots may or may not.
ps. Unity!
Last edited by cadetdrivr; 09-05-2013 at 11:44 AM.
#4
#5
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I've read LOA 25 and wanted to see if someone could clarify a bit for me. I seem to have a mind block when it comes to reading legal jargon.
I'm a 11/2007 hire and currently on furlough. If I were to accept recall when it comes, would I then be on 6 yr pay?
I'm a 11/2007 hire and currently on furlough. If I were to accept recall when it comes, would I then be on 6 yr pay?
#6
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Short answer: Yes
#7
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ALPA Merger Policy is specific about how longevity is calculated for SLI purposes and it is not subject to change through any contract negotiations. For SLI it is the number of days from when you were hired to the "snapshot date" minus the number of days you have been furloughed. That is it. The UAL/CAL SLI used SLI longevity as a factor to construct the hybrid list with an October 1, 2010 snapshot date.
Longevity for pay is a matter of negotiations. While extremely unlikely, it's possible to negotiate that a new hire pilot could be given 20 years longevity for pay and and benefits. So he would be paid like a 20 year pilots and given vacation, sick, etc. like a 20 year pilot.
However, for SLI purposes he would not be a 20 year pilot. One year after he was hired he would have 365 days longevity. If he spent the next six months on furlough, his SLI longevity would still be 365 days.
Historically, pay longevity was calculated on the same basis that SLI longevity was, i.e. furlough time didn't count. I think Delta changed that in 1996 when our furloughed pilots from 91-94 were given pay longevity that was not decremented for furlough time. In the DAL/NWA JCBA the NWA pilots were given full pay credit for their furlough time.
In the UAL/CAL JCBA there was some credit given for furlough time and I think that is quoted above. It seems like these guys that are filing this lawsuit don't know what they are talking about because they interchangeably use pay longevity and SLI longevity. They are two completely separate things and neither a court nor a contract can change a pilot's SLI longevity. I think you have another lawyer just collecting bucks from pilots just like the TRO case that was just thrown out.
#8
It seems like these guys that are filing this lawsuit don't know what they are talking about because they interchangeably use pay longevity and SLI longevity. They are two completely separate things and neither a court nor a contract can change a pilot's SLI longevity. I think you have another lawyer just collecting bucks from pilots just like the TRO case that was just thrown out.
The UAL LOA25 pilots would happily settle for the same DOH longevity for pay granted to CAL pilots. There is not widespread confusion between longevity for pay and longevity for SLI.
#10
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