It’s Been A While…
First things first, Pilots for Change is satisfied with the change in leadership of our MEC however the success of our MEC can not simply rely on one person. For true success we need to work as a cohesive team. Therefore, we are very excited for the New Year as that is when our freshly elected Nationally Elected MEC (NEM) Members will take office for their three year terms as well as all of the councillors we supported in our Toronto and Vancouver bases. Change is certainly upon us and we are more than ready to dig in deep and really start getting to work.
Change may not occur as quickly as we would often like as some pilots are very skeptical of the change we keep speaking of. However, somewhere in between there is a place of mutual understanding where we can all meet and start working together for the betterment of our membership. One thing that is clear and will always ring true from a pilot labour and company relations perspective is something the FedEx MEC reminded its pilots of before they entered into negotiations earlier this year. The simple truth is the company will always want us to work more for less money, whereas our union should always strive for better wages and working conditions for all of our pilots. The fact of the matter is, our work is where our power lies.
When you think of our current wages and working conditions - especially as they relate to the changes within the last year - who do you think is winning this battle? The wage comparisons that Pilots for Change produced during the last election cycle points towards us being on the losing end of that so-called ‘relationship.’ Where do we go from here - especially since very soon we will have an MEC that is supportive of Change?
The simple answer is that we need You! We need all hands on deck to enact the change that we desire. If you are interested in volunteering for a revitalized ACPA please check out the current vacancies page and be sure to fill out the committee application form on the ACPA website. We are looking for people who are motivated to do the work and change our association’s culture from the inside out - from a business union mindset to a labour union mindset.
Reserve Availability Period (RAP) & Reserve Duty Period (RDP)
It would appear with the implementation of the new flight time/duty time regulations the company is attempting to have their cake and eat it too. The issue at hand is that even though a pilot is preassigned a flight while on reserve and then released 24hrs prior to check in - it is not a true release from duty and from being contactable.
The company still has the expectation that even though you are released from duty prior to check in, you are still supposed to be contactable for a potential 5 hour move up or 2 hours after the beginning of your original reserve availability period (RAP) - whichever one occurs later. So the question must be asked - what is the point of being released if you still have to be contactable prior to check in?
These are the relevant references in our Collective Agreement:
29.11.06 A PoR assigned a pairing whose first duty period includes an operating leg outside the North American zone, or a flight that operates into the WOCL, or an FRMS flight will be released upon assignment or 24 hours prior to check in, whichever is later.
29.11.07 If A29.11.06 does not apply and a PoR assigned a pairing whose first duty period starts with a report time between 22:00 and 04:59 will be released from standing reserve before the commencement of the duty period, unless the Pilot is advised less than 12 hours prior to report time, in which case he will be released upon assignment.
29.11.08 For all other assignments, a PoR will be released upon assignment or 24 hours prior to check-in, whichever is later and subject to the following:
29.11.08.01 The Pilot must be contactable at the beginning of his RAP on the day of his assignment; and
29.11.08.02 Available for a move-up to a maximum of 5 hours prior to check-in or 2 hours after the start of his RAP, whichever is later, if no other Pilot is available. If the PoR is moved up, the scheduled RAP and RDP limits will apply and additionally Unforeseen Operational Circumstances provisions will not apply on the RDP limit.
If this is how the company is choosing to interpret the CARS, our pilots need to be crystal clear about the fact that the clock then starts ticking on your reserve duty period (RDP) the minute you are subject to being contactable because that is synonymous with duty. The company can not have it both ways - either you are on duty or you are not. Period. Therefore, a prudent question our pilots can ask when crew scheduling assigns you a flight on reserve is are you fully released until check-in? If not, you will be under your original RAP and RDP will apply.
The applicable CARS reference is 700.70 (7) & 700.70 (8)
CAR 700.70 (10) is also applicable in this situation.
10) An air operator shall not assign to a flight crew member a flight duty period that exceeds the maximum reserve duty period set out in subsection (7) or (8) or the maximum flight duty period set out in section 700.28, whichever is shorter, unless the air operator
(a) provides the member with at least 24 hours’ notice of the assignment before the beginning of the flight duty period;
(b) does not provide the notice during the period that begins at 22:30 and ends at 7:30; and
(c) assigns no duties to the member between the time the notice is provided and the beginning of the flight duty period.
CARS 602.02 is also a great reference that our pilots should always keep in mind.
Fitness of Flight Crew Members
602.02 An operator of an aircraft shall not require any person to act as a flight crew member or to carry out a preflight duty, and a person shall not act as a flight crew member or carry out that duty, if the operator or the person has reason to believe that the person is not, or is not likely to be, fit for duty.
New Reserve Patterns
To say that the new reserve patterns, which we are not able to bid for, has caused confusion amongst our pilot group would be an understatement. Once our supported candidates are in office on January 1st, 2022 creating a reliable and clear communication stream from ACPA will be one of our highest priorities.
But until then we would like to clarify a few things, especially for those who may not have seen reserve for some time. When a person creates their reserve bid there are currently only two options to choose from; ‘specific date off’ and ‘day of week off’. Those are the only two bid options. Therefore, it is not possible to bid for a specific reserve pattern.
Some pilots who are on reserve do not particularly care what specific days off they receive in a given month. What they do care about is the pattern of days off. Some would like to have multiple periods of two and/or three days off in a row whereas others would prefer to have three periods of 4 days off in a row. If the CARS allow it and a pilot's seniority also allows it, they should be able to bid for a pattern that best suits their lifestyle.
Living on reserve is not ideal at the best of times and any changes made to our collective agreement should fundamentally improve the quality of our pilots' lives.
Our Furloughed Pilots
It has been heartwarming to start welcoming back a fraction of our furloughed colleagues. But please remember that only 102 of our 600 furloughed pilots have actually been recalled to date. Even though our last equipment bid had numerous vacancies that does not equate to instant recalls.
498 Air Canada pilots are still without a flying job at our airline and their employment insurance ran out months ago. Our Furlough Support Fund is up and running again for that very reason. If you have already donated - Thank You so very much. Without your generosity this would not be possible.
It is especially important during this holiday season that we all remember each other and what we have in common - our shared love of flying. Let’s do everything we can to support our fellow colleagues and ensure we start sharing flight decks, crew buses and layover meals with them once again as soon as possible.
Voluntary Overtime (VO)
It needs to be mentioned that the V in VO does stand for Voluntary. If you do find yourself with excess funds during this time of year, please have another read of the above paragraph. Many of our fellow colleagues are struggling and the light is just beginning to shine at the end of their furlough tunnel.
When our furloughs do return to the line they will be returning to year 1 and year 2 of our flat pay salary scheme. Therefore, the sooner they are back and acquiring those valuable years of service all the better.
Thank You
Thank you for your continued support and for staying engaged in our Profession. Your support is crucial as we move into the future of our Association.
This is Your Union and Your Voice does matter.