After we looked at the CODs in the last issue of our series „Know your CWA“, in this issue we take a closer look at the „Floating Off- Days“ or in short FODs.
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 the 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.
37.1.3. FODays
a) Once the 3 FODays have been published, they can only be changed as follows:
i) They can be moved within the initially scheduled Roster Period as a block, provided that the Pilot receives a minimum of 24 hours notice of the planned change when at Home Base. When the Pilot is away from Home Base, a minimum notification time is not required.
ii) If the number of FODays is reduced, or if a Pilot´s ground Duty is not completed by 22:00 local before the 1st FODay, or if the Pilot´s Duty ends whether operating, positioning or dead-heading – 00:01 or later on the day before the first planned FODay, in which cases the Pilot is compensated as follows:
1) For each FODay and/or the 24RBO, a one-for-one day is attached to the CODays of the following unpublished Roster, carrying the same value as a CODay.
2) In case the entire block of FODays and the 24RBO will be moved into the next unpublished Roster, the Pilot is credited, in addition to 1), with 8 Duty Hours (not counting to the maximum Duty Hours limitation).
b) If the FODays and a block of vacation days are scheduled back to back, only one 24RBO is scheduled preceding this combined block of OFF and vacation days.
c) As of January 01 2017 the Company will introduce a system to immobilize the FODs. Details of this system will be worked out by the JCSC based on following principles:
i) Immobilizing FODays during the roster periods 11 through 13 inclusive is not permitted.
ii) 5 instances per full calendar year.
iii) FODays that have been immobilized have the same value as CODays.
iv) The RBOs, as applicable, are not affected by the FOD immobilization and shall be handled as per the general rules applicable to Rest Before Off as set out in the CWA.
v) Not more than 50% of either BC or FO can be on immobilized FOD in any given roster.
Below you will find some comments and explanations regarding Art. 37.1.3.
- Art. 37.1.3. a) i) and ii) permits the company to change FOD any time after they have been published. Changes are permitted observing the following limitations:
1. FOD can be only moved as a block within the initially scheduled roster period.
2. It is not possible to move individual FOD away from this block.
- As per Art. 37.1.1. h) a FOD 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.
- Art 37.1.3 a) ii) gives the company the opportunity to extend a pilot’s duty into the RBO before the FOD. Paragraph a) ii) 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 FODay, then the Pilot is entitled to select compensation.“ The „day before the first planned FODay“ is the RBO. Per definition the RBO is not a FOD. If a pilot’s duty is extended into the RBO he is entitled to compensation for this.
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.
The following options exists for the company to compensate the pilot:
1. Receive 1 Off-Day for every FOD and the RBO to be scheduled within the next unpublished roster period, attached to the 6 COD block for that roster period. These “owed FOD” will then have the same value as COD, meaning they will be treated like COD in the roster period they will be moved to and all rules stipulated in CWA Art. 37.1.2. for COD are applicable to these “owed FOD”.
2. If the entire block of FOD including the RBO is moved into the next unpublished roster period the pilot shall receive additionally 8 Duty Hours in the roster period the FOD were removed from.
- Art. 37.1.3. c) governs in principle the immobilization of FOD. As of January 2017, 5 times per year between and including Roster Periods 1 and 10, blocks of FFOD will be allocated to each pilot. FFOD have the same value as COD and the same rules according to CWA 37.1.2. are applicable. The details of the system are to be worked out by the JCSC (Joint Crew Scheduling Committee) and the agreement will be published, once signed.
- Please note that the CWA does not foresee a financial compensation for FOD like for COD as stipulated in Art. 37.1.2. e) iii).
- At Home Base the pilot is entitled to 24 hours notice of such a change. While away from Home Base there is no minimum notice required.
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.