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Sep 10, 2010


Legalities & Reassignments
Posted December 2005, Updated March 2008

Flying without the items in the Checklist below means you are flying unprotected!


We should not confuse Line Guarantee reassignments (as provided for under Section 8.J.) with any reassignment that occurs in the operation. In the operation, there are a number of reasons we can be reassigned. For example, one of the flights within our ID operates late and we misconnect, or because of the cancellation of a flight within our ID. In these cases, Sections 9.K. (domestic) and 12.R. (international) provide guidance for the coverage of open flights and limits the Company in the actions that may be taken in rerouting us to our home domicile.

In an instance where there is lost time involved (due to flight/ID cancellation) and ONLY at the home domicile, Line Guarantee reassignments may be made under Section 8.J of our Contract (scroll down for more). The Section provides guidance for reassignments at home in the event a Lineholder involuntarily loses all or any part of her/his IDs in her/his original or adjusted line of flying. All such assignments must be made within the protective limits set forth in our Contract.

It's also important to distinguish that fact that we are protected by LINE guarantee, not TRIP guarantee. Line Guarantee provides pay protection for all scheduled IDs assigned to a lineholder during the month, by guaranteeing the dollar value of hourly flight pay and premium position pay. The Guarantee could increase through trip trades, RDOs, picking up open flying, overlap trips, and IDs assigned for drafting. Conversely, trips dropped through an RDO, end of the month conflict, ANP, DNF, time decreased through a trip trade, or a declined line guarantee (GUAR) reassignment would all contribute to a decrease in Line Guarantee.

Understanding Your Pay & Checking Your Pay

Understanding Your Pay (login to SkyNet Req'd) - DSPFAC info, Holding Time, DFAP Codes, FAQs from United.
Checking Your Pay (from unitedafa.org) - Use this link to review pay info from AFA.


AFActs is a comprehensive guide that every F/A must have in their tote. Don't be caught without your own copy - print it today! The 8-in-24 legality clarification is located in a grey box below. Print and keep it with you by clicking on the Reserve Survival Guide in the checklist below. The 30-in-7 legality is explained in the AFActs packet. Please print the items in the Checklist below and keep in your tote!

AFActs & Your Contract - NEVER leave home without them! Be sure to review the "Bulletin Board" page for more info every F/A must review! Click the following link if you are MISSING A CONTRACT.

AFActs includes the following information - Extensive info in AFActs! Review & print them now! 


• 8.J. Reassignments (GUAR)

Option To Decline (DECL) A Reassignment (RASN)
• Line Guarantee
1-in-7 AND 30-in-7
• Legal Rest & Flight Time Limitations
  (West Coast to Hawaii)

 

• Legal Rest - Tranportation (Waiving Report Time)
• Holiday Pay
• ID Diagnostic Codes
• Line of Flying (LOF) Diagnostic Codes



 The Legalities & Reassignments (GUAR) Checklist
          
Print these & place in your tote - don't leave home without them!

AFActs - print the entire packet - includes GUAR info!
Domestic Duty Time Protection Packet - print the entire packet!
• Scheduling Codes & LOF Diagnostics - print it!
Holding Time Info Page - print it!
Paper Legality Report Form - Potential Contract Violations or Contract Questions 

 EOM - End Of Month Conflicts

• Legal & Minimum Rest, Automatic Waiver of Report Time
  (also available in AFActs packet above)

Printable Timetable: Trades, PTO (GWOP), Open Flying, ANP

Reserve Survival Guide - print the entire packet!

How Do I Get Paid? - Understanding Your Pay & Checking Your Pay

Understanding Your Pay (login to SkyNet Req'd) - DSPFAC info, Holding Time, DFAP Codes, Frequently Asked Questions from United.
Checking Your Pay (from unitedafa.org) - Use this link to review pay information from the AFA MEC.



 

8-in-24 Clarification - Reserve Survival Guide Direct Excerpt:
This excerpt posted here November 2005


The 8-in-24 is perhaps the most complicated legality of all. Part of the reason is that there is a misconception that it is a flight time limitation, when it is a legal rest provision. The misconception is that a F/A cannot fly more than eight hours in a 24-hour period. In fact, this is not true. The 8-in-24 actually states that a F/A CAN fly more than eight hours in a 24-hour period provided two conditions are met. First, the F/A must receive a 2-for-1 rest (two hours free from duty for every one hour of actual flight time in the preceding duty period) BEFORE going over eight hours (Section 7.D.l.b.). Second, the F/A must receive at least 16 hours free from duty at the next scheduled point of rest AFTER actually going over eight hours (Section 7.D.2.b.).

Other 8-in-24 points:

  • A two segment, one duty period ID may be scheduled up to 8:30 in a 24-hour period (Section 7.D.1.a.).
  • Only applies to the Domestic operation.
  • If working from Domestic to International, the 8-in-24 does not apply. However, if working from International to Domestic, the 8-in-24 does apply.
  • "Rolling" 24-hr clock; any consecutive 24-hr period.
  • Only applies to actual working flight time -- not DHD; not credited time.
  • Converting arrivals/departures to the same time zone makes calculating an 8-in-24 easier.
  • When flying a published ID, an after the arrival time of the last segment indicates 8-in-24 may have been exceeded and a 16-hour rest may be necessary at the domicile. The "*" appears only in the published key pages, not in a computer-printed ID
  • A F/A cannot be required to deadhead on a segment originally scheduled to fly just to avoid 8-in-24. (Section 7.D.1.c., d.)
  • If delayed unexpectedly during the course of a duty period, the F/A must fly out the duty period as scheduled, even if going over eight flight hours with no 2-for-1 rest -- BUT then a 16-hour rest is necessary at the next layover point. (Section 7.D.2.)
  • Note Section 3.P.m mutual waiver for scheduling purposes between UA and AFA. Otherwise this legality cannot be waived by either a crew scheduler or a F/A.

Below is the actual language from Section 7.D. "Hours of Service & Contractual Legalities" of the Contract:

Eight (8) in Twenty-Four (24) Limitations

 

1. Scheduled

a. A F/A may be scheduled or rescheduled to fly eight (8) hours or less within any twenty-four (24) hour period without a prescribed interim rest. A F/A may be scheduled or rescheduled to fly a two (2) segment, single duty period ID up to eight hours and thirty minutes (8:30) in a twenty-four hour period without a prescribed interim rest.

b. A F/A who is scheduled or rescheduled to fly more than eight (8) hours in any twenty-four (24) hour period, must be scheduled for release from duty at or before the end of the first eight (8) flight hours. Such scheduled release from duty shall equal at least twice the number of hours flown since the last preceding rest period, but in no case will such rest be scheduled for less than nine (9) hours.

c. A F/A who is scheduled or rescheduled so as to be projected over eight (8) hours flight time in any twenty-four (24) consecutive hour period; or if actual flight time is such as to project her/his sequence to over eight (8) hours in a twenty-four (24) consecutive hour period, such F/A shall not be required to deadhead on any flight in order to lower her/his projected flight time below eight (8) hours in twenty-four (24).

d. In the application of this Paragraph, a F/A will not be required to deadhead on a flight or portion of a flight which she/he was scheduled to fly if such deadhead assignment would be for the purpose of avoiding application of the rest provisions required herein.

2. Actual

a. A F/A who is scheduled to fly eight (8) hours or less without an intervening rest period but whose flight is delayed en route or makes an additional stop or stops en route because of weather, fuel or mechanical reasons, so that the total flight time will exceed eight (8) hours, shall complete the assignment to the point where she/he is next scheduled for a legal rest.

b. Whenever a F/A has flown in excess of eight (8) hours in any twenty-four (24) hour period, she/he shall be relieved from duty at the next scheduled or rescheduled point of rest for at least sixteen (16) hours.

 


Extended Duty Letter of Agreement (5-for-1 Pay)

December 1999 Contract Bulletin:

In order to be eligible for 'five for one' pay for extended duty time, F/As must be scheduled to or actually exceed their contractual maximum duty time. When a F/A agrees to an extension of the duty time maximum, an entry reflecting concurrence is added in the ID remarks.

* If at the point where the duty time maximum is waived the F/A is scheduled over their duty time maximum, and after takeoff the flight makes up enough time to project the F/A below his/her duty time maximum, the F/A will still be paid one (1) hour at the 5 for 1 rate. Because the flight would never have departed had the waiver not occurred.

* If a F/A waives, and subsequently the flight departs earlier than expected causing the duty time maximum to not be scheduled to be exceeded, the 5 for 1 rate will not be paid.

Extended Duty Letter of Agreement (5-for-1) – 02/16/07 E-Lines Excerpt:

Discussion about briefings has also prompted questions about the Extended Duty Letter of Agreement on pages 280-282 page 305 of the 2005-2010 newer purple contract). Generally, this provision provides the company with the ability to ask F/As to waive their duty time at International non-domicile locations where re-crewing of the flight is generally not possible. In return, F/As are compensated at five times their rate of pay for the hours that exceed their Contractual duty time maximum. We have received some reports that the company has requested a waiver of duty time from crews during briefing at the domicile point, prior to departing on their trip. This is not the appropriate use of the Extended Duty Letter of Agreement and the company should not be asking for the waiver at the domicile point. If this occurs during your briefing, report the incident to AFA immediately.

If you are confronted with a request to waive your duty time maximum at the domicile location, you are not required to provide an answer. At the time of briefing you should not be expected to provide a realistic response to such a question. Duty time maximums are a protection for our safety and the safety of the flight. There is no way to know at the beginning of the duty day whether you will be physically able to safely agree to an extended duty period. Maintain your professional demeanor and be mindful of the fact that it is okay to indicate your uncertainty as to whether you will be able to continue beyond the limitations of the Contractual duty maximums. If you feel pressured because it is close to departure time or become uncomfortable with the way the situation is addressed by management or crew scheduler, get the names of the individual(s) involved. The issue can be addressed at a later time with the help of your AFA reps.

 

 Remember that the Letter of Agreement in the Contract states: "A Flight Attendant who concurs..." Meaning that you must first be asked by SK personnel, and secondly, concur.

AFA Prevails on System Board of Adjustment Case  – 06/10/09 E-Lines Excerpt:

In the case of MEC 3-07, we originally filed the grievance based upon: “The Company’s misapplication and misinterpretation of the provisions of the Extended Duty Letter of Agreement on pages 304-306, past practice and all related sections.” This misapplication specifically related to management requesting, at a domicile point, F/As extend the duty time provisions set forth in Sections 12.A.2. and 12.L. under the Extended Duty Letter of Agreement “in anticipation of a delayed arrival at their destination” prior to the Flight Attendants being illegal for their flight.”

 

The System Board of Adjustment’s award is as follows:

 

“Under the Extended Duty Time International Sideletters of October 2, 1997 and October 7, 2003, the Company may not offer the five-for-one incentive to waive duty time at a domicile. This request must be made at the International Non-Domicile location.”

 

Previously, management was asking F/As to decide whether they were willing to waive their duty time regulations at the start of their duty day. This did not allow a F/A to make a safe judgment about her or his ability to continue to work beyond the Contractual duty limitations because the decision was being forced at the beginning of the day. Further, it was subjecting AFA Members to reassignment if they refused to waive the legalities at the beginning of the ID. 

 

We often saw this misapplication of the Contract in LAX and SFO, with the Hawaii turns. So for example:  LAX-OGG is late and it appears the crew will exceed their duty day and they are still in LAX. The award in this case means management must wait for the crew to arrive in OGG before they offer the five-for-one pay in exchange for waiving Contractual duty time regulations. In all cases it is important to remember there is no pay for volunteering – the Company must offer the 5-for-1 pay.

 

Five-for-One Waiving Issues Resurface - 10/14/09 E-Lines Excerpt:

In July 2009, we reported to you that AFA prevailed in System Board Case MEC 3-07, which was filed based on the company’s misapplication and misinterpretation of the provisions of the Extended Duty Letter of Agreement on pages 305-306 of our Contract. The Arbitrator ruled that United may not offer the 5 for 1 incentive to waive duty time at a domicile, and that the request must be made at the International Non-Domicile location. If you are asked at an International Non-Domicile point if you’d like to extend your duty time, you should understand what exactly you are being asked to do and how you will be paid.

We have received reports that scheduling personnel are trying to circumvent the award of MEC 3-07 and misleading F/As. The award is very clear that you cannot ask the F/As at International Domicile points to waive and offer them the 5 for 1 Contractual provision. What we are being told is that scheduling personnel are asking the F/As if they will waive their legalities and if the F/A declines to waive they are being threatened that they will be removed from the flight in anticipation of legalities and will be reassigned to a domestic trip. In some instances, this has actually happened. We have advised United to cease and desist.  If you find yourself in this situation, you should notify your Local Council and file a Dispute Resolution Worksheet that can be found on our website at www.unitedafa.org.

A final consideration is that a F/A who concurs to extend her/his duty time maximum will be guaranteed a minimum of one hour pay at 5 times the hourly rate in addition to the actual credited time for the ID. After that any time exceeding the first hour is prorated. Keep in mind that you will only receive 5 for 1 for the duty time above or beyond the time you would have otherwise gone illegal. Remember if the Contractual maximum duty time is not exceeded, F/As are not eligible for the additional pay. However, if at the point where their duty time maximum is waived and the F/A is scheduled over their duty time maximum and after take-off the flight makes up enough time to project the F/A below their maximum duty time, the F/A will still be paid one hour at the 5 for 1 rate.


REASSIGNMENTS: Directly From Contract: 8.J. Line Guarantee (GUAR) - see Online Contact for more

1.  In the event a lineholder involuntarily loses all or any part of her/his ID(s) in her/his original or adjusted line of flying during the month (except for time lost due to end-of-month schedule conflicts - see Paragraph 4 below), she/he may be reassigned to another ID(s) and shall receive pay and flight time credit on the basis of the total scheduled time shown in her/his line of flying or what was actually flown in the reassignment, whichever is greater. Such reassignments may be to any open ID(s) for which she/he is legal provided that the assignment does not interfere with the next scheduled ID, and further provided that the ID(s) to which such F/A is reassigned is scheduled to return the F/As to her/his home domicile no more than twenty-four (24) hours later than the original scheduled ID. Priority will be given to reassigning F/As to IDs in the same operation and same number of days.

a.  A F/A will have the option to decline the reassignment if the number of reserves available is equal to or greater than the projected number of F/As needed for the specific time period of the reassignment.

b. If the F/A declines the reassignment, her/his projection and line guarantee will be reduced by the value of the original assignment.

2.  A Flight Attendant shall be required to contact the crew desk only once per day, at a pre-designated time, for reassignment under this paragraph.

 Remember, you are not required to "check your line before you go to bed," and you are NOT on Reserve. You do not have to be phone available until the PRE-DESIGNATED time. You are only Contractually obligated to make contact with OPBSK at the PRE-DESIGNATED time.


Bridging IDs -- Is It Legal? -- 01/14/08 E-Lines Excerpt:

Recently, we've received questions about the legality of "bridging" two IDs at your home domicile. For example, if your schedule has two, two-day trips back-to-back and irregular operations causes a delayed return to your home domicile on the first trip, there may be circumstances where your two IDs become one four-day ID. Assuming all other legalities are met, this "bridging of IDs" is Contractually supported by reassignments under Sections 9.K. and 9.I.

If you are away from your domicile and your trip falls apart, your reassignment will take place as provided under Section 9.K., Irregular Operations. In either a domicile or non-domicile location you can follow the procedures for your reassignment as laid out in this Contract Section. When reassigned at a non-domicile location under Section 9.K.2., the assignment should "expeditiously and efficiently return [you] to [your] regularly assigned schedule." When at a domicile location the irregularity may ultimately lead to a reassignment under the provisions of Section 9.I. - which determines the order in which an open assignment is filled. As a Visiting Flight Attendant you would then be assigned under 9.I.3., which states, in part, the assignment should be made to a "flight which will not make [you] illegal for [your] next scheduled ID."

In either of these reassignments it means that if you return to your domicile on the day on which your next ID starts and you can legally work the end of the first ID and the beginning of the next ID as one duty period, or legally deadhead to the domicile to "connect back" to your original schedule, then bridging the two IDs is legal. This long standing application follows the parameters of the Contract, avoids your exposure to reassignment under Section 8.J. and in some cases, may increase your earnings and per diem.

Bridging of IDs is more likely to happen when the first duty day of an ID is short, leaving room for additional flying and increased duty within that first duty period. In all of these cases make sure your duty time limitations and legalities including 30-in-7, 1-in-7 and 8-in-24 are met. Carry your Contract with you and study the reassignment procedures to enforce your rights and protect our Contract.

Assignment and Reassignment Notification Parameters - 11/30/06 E-Lines Excerpt:

Section 9.N.1. notes that F/As must be notified by a face to face or telephone conversation concerning reassignment or a delayed flight. Text messages or other forms of notification are not acceptable. Also the scheduler needs to talk with each F/A about a reassignment. It is not the F/A in the purser position who is responsible to call each F/A on the FLTLOF. These notifications need to be handled by the scheduler.

 ACARS messages may not communicate reassignment information (such as "go to gate XX" or "go to flight XX") - they may only communicate for F/As to "contact scheduling upon arrival," or other similar message.

Hawaii Turns - Layover in SFO Legal Rest - 12.M of the Contract:

Section 12.A.2. of the Contract governs the scheduling of flights between the West Coast and Hawaii. F/As may be scheduled or rescheduled to work both flights in a single duty period, two segment ID between the West Coast and Hawaii, provided they do not exceed 14 1/2 (14:30) hours on duty. A one-duty period roundtrip between the West Coast and Hawaii must be scheduled as a "turn" and may not be scheduled as part of any multi-duty period ID.

Section 12.A.2. of the Contract provides the company with the ability to schedule a turn between the West Coast and Hawaii. It also specifies the Duty Time Limitations within which this turn must be accomplished. The turn was negotiated by AFA and the company as a means of controlling hotel costs for the company. If, as a result of a reassignment, you are scheduled to fly LAX-Hawaii-SFO, your Legal Rest minimums are provided for under Section 12.M.1.a of the Contract. In most instances, your flight time will exceed 10 hours, and your minimum Legal Rest must be 22 hours block-to-block, with a guarantee of 20 hours at the hotel (document times to protect yourself!).


Please spread the word to your flying partners!

 

Augmented Staffing: Additional Staffing Required by FAR 121.467

When any member of the crew is RESCHEDULED into a duty period exceeding 14 hours, the requirements of FAR 121.467 must be met. This important FAR requires augmented (or additional) staffing beyond the FAA minimum staffing required by aircraft type. This augmented staffing becomes "part" of the FAA minimum staffing requirement and increases based on the length of the duty period involved. The FAR applies differently if you are working your original schedule or if you become involved in a reassignment.
 

FAR example:

Three F/As are working their flight as originally assigned in their ID when they started their duty day on a 737-300 aircraft.  The FAA minimum crew for this aircraft is three. Their flight is delayed and the duty time of the ID is projected to 14:20.  Augmented staffing would not be required on this flight.


In contrast, if these same three F/As were reassigned to work a segment that was not part of their original ID and the reassignment projects any member of the crew beyond 14 hours, augmented staffing would be required.  In this case, the Company would be required to schedule one additional Flight Attendant as a member of the working crew.


FAR Review:

 

1.     If the entire crew is on their originally scheduled ID and flight, a delay may not trigger the augmented staffing requirement. 

2.     If the delay results in any single member of the crew being reassigned to a duty period in excess of 14 hours, the Company must comply with the FAR and add the additional crew member (s) to the remaining flights in the duty period.


Crew Scheduling Personnel and F/As are both responsible for compliance with the FARs.  Details of the FAR are explained on FAOM pages 4.10.3. and 4.20.1.

For more, please visit the MEC site: Legality Alert: Duty Time Protections


Print info above to keep with you in your tote!  Please share with your coworkers!

Click this image for important Reserve Information!
  


Click HERE: visit the Bulletin Board page for more must-have info! >>

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