After we looked at the general rules covering Off- Days in the last issue of our series “Know your CWA”, in this issue we take a closer look at “Consecutive Off- Days” or in short CODs.
Below you find the article as published in the current CWA. Further below we provide some comments and explanations for this article.
These rules are applicable for all pilots except for the allocation and entitlement of RBO. The entitlement of RBO for pilots employed at or after 01 December 2015 is regulated differently and was explained in our last issue “Off Days – General”.
Like always it is the obligation of the company to follow these rules and a pilot is entitled to a roster reflecting these rules. However as a pilot you should know what these rules are. If a pilot notices a none compliance with the CWA it is his right that his roster will be changed to be fully compliant with the CWA.
37.1.2. CODays
a)Under exceptional circumstances (not more than 2 occurrences per calendar year), up to 2 days of the 6 or more CODays can be scheduled to overlap into the next Roster Period. If the COD’s are overlapping into the next Roster Period, it must be clearly identified on both Rosters.
b)Once a block of 6 or more CODays have been published, they can not be altered without the consent of the Pilot concerned.
c)A Pilot can request:
i) To have the CODays starting on a specific date via the PBS.
ii) Three times per year the CODays to be scheduled “back to back” in
2 consecutive Roster Periods.
iii) CODays to encompass specific dates via the PBS.
d)If the CODays and a block of vacation days are scheduled back to back, regardless if requested by the Pilot or not, one 24RBO is scheduled preceding this combined block of off and vacation days.
e)If a Pilot’s ground Duty is not completed by 22:00 local before the 1st CODay, or if the Pilot Duty ends – whether operating, positioning or dead-heading – 00:01 or later on the day before the first planned CODay, then the Pilot is entitled to select compensation from the following 3 alternatives:
i) Move the CODays as a block to accommodate the operational delay, including the 24RBO.
ii) The block of CODays may be shortened to accommodate the late arrival at Home Base by receiving compensation at the rate of 2 Off-Days for every CODay and 24RBOday within the next unpublished Roster Period, attached to the 6 CODays block for that Period.
iii) The block of CODays may be shortened to accommodate the late arrival at Home Base receiving compensation by the payment of Off-Days overtime according to the following formula:
(Basic salary divided by 173) plus 50% supplement with not less than 8 hours counted per missing Off – Day. In this case, duty hours worked in CODays are not added to the total Roster Period credit hours.
Below you will find some comments and explanations regarding Art. 37.1.2.
- Maximum twice per calendar year, up to 2 days of the COD can be scheduled to overlap into the next roster period. This must be clearly identified on both Rosters. This is done by the crew scheduling department by adding a Memo to the pilot’s roster, which is visible in AIMS eCrew.
- Once COD have been published these COD cannot be altered without the consent of the Pilot. Published in this respect means that the roster has to be sent out by the crew scheduling departement every 4 weeks, two weeks before this roster period commences, as defined in CWA B1-37.3.
- A pilot may decline a request to operate into one or more of the COD. The pilot is entitled that his roster is in compliance with the CWA at all times. It is important to understand that the RBO is by definition not a COD and that it is possible for the company to extend a Duty so it ends on the RBO.
- As per Article 37.1.1. h) a COD may be planned to start on the day after a ground duty, such as simulator or ground school, if this ground duty is scheduled to finish not later than 22.00 local time. If this ground duty finishes after 22.00 local time, the pilot is entitled to select compensation as described below.
- Article 37.1.2. e) gives the company the opportunity that you operate into the RBO before the COD. Paragraph e) of this article states “…if the Pilot Duty ends – whether operating, positioning or dead-heading – 00:01 or later on the day before the first planned CODay, then the Pilot is entitled to select compensation.“ The „day before the first planned CODay“ is the RBO. Per definition the RBO is not a COD and therefore it is possible for the company to have a pilot’s duty, be it operating or positioning, extended into the RBO, but only into the RBO. If a pilot is on duty on the RBO he is entitled to compensation as per Art. 37.1.2. e).
Important: According to B1-37.1.1., the RBO can be reduced from 24 hours to 18 hours without receiving any compensation in the event of a delay.
In other words:
1. In case of a delay, compensation according to Art. 37.1.2 e) is only applicable if the pilot´s duty ends at 06.01h local time or later.
2. In case of a reschedule, e.g. roster change with different return flight, the pilot is entitled to select compensation if the duty ends already at 00.01 h local time or later on the day before the first planned COD.
- A pilot does not have to accept any duty extending into one of the COD. A pilot may insist that his roster is changed and that he is free of all duties at Home Base before the COD commences, which is as per CWA Art. 37.1.1. a) at 00.01h local time of the first COD. It is the obligation of the company to amend a pilot’s roster accordingly, which may include positioning the pilot home.
- As mentioned above, a pilot is entitled to select compensation as per Art. 37.1.2 e).
Please refer to CWA B1-36.2 Specification of Beginning and End of Duty times for the correct calculation of duty times.
It is only the pilot who decides how he wants to be compensated. The pilot may select between the following options:
1. Move COD, including the RBO, as a block.
2. Receive 2 Off-Days for every COD and the RBO to be scheduled within the next unpublished roster period, attached to the 6 COD block for that roster period. These “owed COD” keep the same value, meaning they remain COD and cannot be moved without the consent of the pilot.
3. Payment of Off-Days overtime as defined in Art. 37.1.2 e) iii)
Example A:
Below is the roster of a pilot, showing that he was planned to return for his COD on 17 March:
The flight back from IAH was then delayed and he now arrives back on 18 March, which is the RBO. As explained it is possible for the company to extend a Duty into the RBO. His duty ends at 06.01h local time.
The pilot can now choose the compensation:
If he decides that his COD including the RBO would be moved as per Art. 37.1.2. e) i), his roster would look like this in AIMS eCrew:
If he elects to receive compensation of the missing RBO on 18 March by receiving 2 Off- Days for the RBO as defined in Art. 37.1.2. e) ii); or payment as defined in Art. 37.1.2. e) iii), his roster would look like this in AIMS eCrew:
Example B:
Due to several roster changes the return flights to LUX for 2 pilots are now completely different from what they originally have been scheduled when they left LUX.
Pilot A now only positions from GYD to LUX while Pilot B operates the same flight. Both pilots have their COD scheduled to start after this flight, with the RBO scheduled on the day after they arrive back in LUX.
The flight from GYD to LUX arrives at 23.45h local time. The duty of Pilot A ends at Block On, at 23.45 local time, as his duty consisted solely of positioning. His duty does not extend into his RBO and he is not entitled to compensation as per Art. 37.1.2. e).
The duty of Pilot B ends 30 minutes after Block On at 00.15h local time. His duty does extend into his RBO and he is entitled to compensation as per Art. 37.1.2. e).
Please follow this link to download your copy of the CWA for your perusal on the company provided iPad or any other computer for future reference.
If you have any questions do not hesitate to contact us at cvboard@alpl.lu for clarification.
All parts of this series can be found here in the Publications section under Cargolux Board.
