Cargolux Board

Please find below an update on the following topics:

• Planning Limit vs Operational Limit for a Standard Flight Crew
• Clarification on managing fatigue
• Availability and compensation
• Know your CWA
• Cargolux Year End celebration

“Planning Limit” vs “Operational Limit” for a Standard Flight Crew
It has been brought to our attention that on several occasions flights for a Standard Flight Crew have not been planned as by the rules of the CWA. CWA Article 36.6.2.2. is applicable to all Flight Duty Periods conducted by a Standard Flight Crew and the “Planning Limit” is the limit for Crew Planning and Crew Control when producing and/or changing the rosters.  The “Operational Limit” constitutes the legal limit according to OM-A Chapter 7.5.

To clarify, the “Planning Limit” is applicable until Reporting Time and all flights must be scheduled accordingly!In case the planned FDP exceeds the Planning Limit at or before the Reporting Time, the flight must be operated with an Augmented Crew. 

Only after Reporting Time, the “Operational Limit” becomes applicable. This is to create enough buffer for unforeseen delays, e.g. fuelling, loading, technical problems, that could occur after Reporting Time and to prevent a Standard Flight Crew from exceeding the legal limit and being forced to apply Commander´s Discretion.

We ask everyone to be familiar with the CWA and insist that the CWA is followed in any case.

Clarification about managing fatigue
We are aware that crews are being planned to the maximum allowable FDP and that rosters are extremely challenging due to roster changes and the combination of long FDP followed by minimum rest periods, etc. Due to the high business demand and ongoing crew shortage the situation will not improve soon. Thus, we feel it is important to clarify certain possible misunderstandings regarding the self-assessment of your alertness level and the management of fatigue.

We cannot emphasise enough how important it is not to just blindly accept what you see on your roster. 

It is crucial to recognize that, as a result of the recently conducted survey, the company’s responsibility to “ensure that flight duty periods are planned in a way that allows crew members to remain sufficiently free from fatigue” (OM-A 7.1.2) is not always being adequately met. We elaborated on the reasons in our previous updates and highlighted the over-reliance on the bio-mathematical model, which cannot take all facts into consideration.

In such situations, we as pilots must prioritize not only our health but also our responsibility to ensure safety. According to OM-A 7.1.8, we “shall not perform duties on an aircraft if we know or suspect that we are suffering from fatigue.”

This means that, at times, it may be necessary to request additional rest at an outstation, for instance. Doing so is not a refusal to work, nor does it imply any wrongdoing. On the contrary, it demonstrates that you are fulfilling your responsibilities as a pilot.

Also, extending your rest as a First Officer does NOT mean you will be flagged by any department within the company or expect any negative impact on future opportunities, such as upgrades. Management clearly expects from us as professionals to follow all binding regulations, which includes the OM-A. 

It’s important to understand that, compared to some competitors, we currently operate with a lower crew factor, and this is a critical aspect to keep in mind.

More information on fatigue and how to deal with it will follow soon, but below are some examples where pilots should get suspicious:

• Consecutive FDPs through the WOCL with minimum rest in between
• Arriving in the U.S. after crossing the dateline
• Consecutive rest periods of 24 hours or less
• Standard crew FDPs through the WOCL of 6 hours or more

Please refer to our last update on fatigue and ask for more rest if necessary. Don’t forget to file Fatigue Reports and use the published guidelines.

Availability and compensation
We would like to clarify that if pilots voluntarily offer to fly during their off time, the company has the discretion to determine the applicable compensation. It is then up to the individual pilot to accept the terms and operate the flight or decline. This does not constitute a breach of CWA articles 36.16.2 and 36.16.3. 

In conclusion, crew members offering their availability cannot accept a financial compensation and change their mind in hindsight to e.g. a two for one off day compensation. 

Nonetheless, if a pilot arrives at their home base late into their scheduled off days, the aforementioned articles apply, and the pilot’s choice of compensation must be honoured by the company.

Know your CWA
In recent months, we have updated our guidelines on the proper application of the new CWA, which came into effect on 22 December 2023. Our updates focus on each chapter, emphasizing key points in the relevant sections and offering situational examples to enhance your understanding of how the CWA applies to you. 

This information is intended to help you implement the rules effectively in the day-to-day operation.
You can find these guidelines in a newly dedicated “CWA” section on the ALPL website. 

Cargolux Year End celebration
In the past, one issue raised with management was the perceived exclusion of crews from company events due to late announcements, often made after the bidding deadline, despite this not being the intention.

We are pleased to note that the announcement for the year-end party on 13 December 2024, has been communicated well in advance, giving us the opportunity to bid for off days and have a chance to attend.

This event presents an opportunity for us, as flight crew members, to reconnect with our colleagues from HQ and maintenance. We hope to see you there!

The results of our latest Fatigue Survey revealed critical issues, especially regarding an over reliance on the predictive bio-mathematical model (BMM) and the reliability and credibility of the methods and processes used to evaluate and manage the risk of pilot fatigue. The result also showed that our members call for a more balanced approach that includes thorough investigations of fatigue reports.

All bio-mathematical model vendors clearly state that their model only predicts fatigue levels and sleep opportunities for an ‘average’ pilot. Additionally, BMM’s are less reliable after approximately 5 days of duties on how the body clock adjusts and especially when we cross the international dateline.  More importantly, bio-mathematical models do not consider disturbances (e.g. noise, turbulences, rooms that cannot be darkened), quality of sleep at a hotel or on an aircraft.
 
Therefore, we as pilots are the most important data source of what happens during actual operations and Fatigue Reports are the only effective and confidential means for us pilots to communicate a realistic picture of the operation. The collection of this evidence based data is vital in any discussion with management to highlight fatigue “hotspots”, even if scheduling is within legal limits. While your report maybe subjective (i.e. personal), when many pilots are communicating the same fatigue hotspots via the confidential reporting system, the subjective information becomes a collection of many data points and thus objective data.
  
We have met with members of the ASD and Flight Operations Management on 17 September 2024 to discuss the survey result and the concerns brought forward. In that meeting it was again emphasised by management that factual data submitted by each individual pilot is imperative to enable a thorough investigation of Fatigue Reports. Management also mentioned that indeed the quality of submitted reports has increased since the ASD is promoting it in the GTRs.

Please bear in mind that the safety system in any organization takes a certain amount of time to collect a reasonable number of reports (objective data) to be able to make recommendations to changes for FDP’s and rotations. If insufficient data is received, it is difficult to act on a handful of reports. That’s why it is so important to file Fatigue Report anytime you deem it necessary. As your ALPL Board we will follow up with Senior Management to ensure it is fulfilling its shared responsibility in managing the hazard of fatigue in a timely manner.

To give you some guidance on when and how to file Fatigue Reports, we have prepared a leaflet to assist you in doing so. Please click on this link for more information. 
 
We want to conclude with a reminder that fatigue reporting not only is defined in EU regulations as a mandatory reportable occurrence (page 5), but more importantly is the crucial element in data collection required to bring about changes in our operations where simply complying with FTL’s is insufficient. 

Remember, safety is a joint responsibility, and pilots play a vital role in ensuring a safe operation. This also includes a serious self-assessment of our alertness level and whether we are fit enough to operate a flight or series of flights. If in doubt, always ask for more rest or reduce the FDP accordingly and NEVER compromise safety due to fatigue. That’s an obligation in the OM-A, Chapters 1.4 and 1.5!

In the coming weeks and months, we will provide you with more information regarding fatigue, its associated risks and how to mitigate it.

We hope you had a pleasant summer and had the opportunity to enjoy some time with your loved ones, despite the demanding flight schedules and increased block hours driven by booming business, particularly in e-commerce.

Below you find an update on the following topics: 

• Fuel situation in GYD 
• Communication with Crew Control 
• Rest area at the airport
• Caregiver Leave 
• Fatigue Reports
• POD Donation
• PBS Working Group 

Fuel Situation in GYD
During the Joint Delegation Meeting (JDM) on September 18th, 2024, Management told us that they were informed that, effective October 1st, 2024, fuel availability for Cargolux in GYD will be suspended until further notice. As a result, rotations through GYD were quickly rescheduled, and pilot rosters were adjusted prior to roster publication to reflect that change. This led to an increase in double-sector flights and network disruptions.

However, Management has since received confirmation that a limited number of flights will still be accepted in GYD, which will result in adjustments to pairings in the October rosters by Crew Control. Management has apologized for the inconvenience and asks for your understanding during this time.

Communication with Crew Control
As your Pilot Representatives, we’ve been informed of a few instances where the tone of communication between Crew Control and individual pilots was inappropriate. Given the numerous roster changes – sometimes beyond the scope of the CWA and/or poorly communicated – it’s understandable that frustrations may arise. However, we kindly ask everyone to maintain professionalism and communicate respectfully with our colleagues in Crew Control. The current crew shortage, combined with extra charter flights, also puts additional pressure on Crew Control to ensure flights are adequately staffed. 

That said, pilots are fully entitled to insist that the CWA is upheld by Crew Control at all times, and we urge you to do so.

Rest Area at the Airport
In the latest JDM, we received an update on the request for a rest area at the airport. We are pleased to inform you that Management is in talks with LuxAirport, and there is a strong likelihood of obtaining additional rooms in the airport building once the current tenants vacate. While details are still being finalized, we are optimistic that an acceptable solution will be reached.

Caregiver Leave
CWA 12.2.1 outlines the entitlement to special leave for personal reasons, as provided by Article L.233-16 of the Labour Code. A recent change in the law has introduced an additional five days of special leave for caregivers, which has been incorporated into the CWA. This leave can be requested to take care of family members in cases of serious medical situations. Further information, including the procedure for applying for caregiver leave, can be found on the HR Intranet in the FAQs section and here.

Fatigue Reports
The latest Fatigue Survey results highlighted significant concerns, particularly with the over-reliance on the predictive bio-mathematical model and the reliability of methods used to assess and manage pilot fatigue risk. Our members are calling for a more balanced approach, including thorough investigations of fatigue reports. 

In a recent meeting with the Aviation Safety Department and Flight Operations Management, we reiterated these concerns. We also acknowledged the fact of flight safety being a shared responsibility between the company and the pilots. Thus, we will refresh the knowledge of our colleagues on how to file fatigue reports and remind them to follow the OM-A and not to operate a flight if they know or suspect that they are suffering from fatigue. This was noted and accepted by all parties.

More information will be shared in future updates.

POD Donation
We concluded the donation for the Pilot Off Day Pool (POD) and are happy to announce that a total of 85 vacation days were collected into the POD. This enables us to use valuable resources where needed and we expect the number of donated days to be sufficient for about 18 months.

We would like to take the opportunity to say a big „Thank You!“ to all colleagues who have donated one or more of their valuable vacation days.

PBS Working Group
At the most recent PBS working group meeting, we were informed that the bidding success rate for the October roster has improved for Captains, thanks to an increase in full-time equivalents (FTE). However, the success rate for First Officers has decreased due to delays in training for newly hired pilots and additional upgrade courses scheduled on short notice. The surge in business demand has directly impacted crew availability.

We’ve communicated the need for more pilots to Management several times, and we are pleased to report that a revised crew hiring process, presented by Management to the Board of Directors (BoD), has been approved. The new process aims at proactively identifying the required number of pilots for a given calendar year based on various estimates and to start training sufficiently in advance to have the pilots ready when they are actually needed. The current recruitment lags approved budgeted FTEs, which has a negative impact on the operation. Also, all issued fixed term contracts will be converted into permanent contracts.

In terms of implementing additional bidding options and making the necessary technical adjustments to improve the PBS as outlined in CWA 36.20, everything remains on track for introduction no later than November 30th, 2024.

We believe that these developments will mitigate some of the most pressing challenges that we as crews have been confronted with for an extended period of time. However, we do realize that the success of these changes is partly depending on the ability of the company to recruit enough pilots.

In any case we appreciate the change from a reactive to a proactive approach. We would like to ask you to give those changes the required time to show the desired effects while we continue to work on improving the bidding success rate of the PBS.

On 16^th August 2024, the two-step vacation bidding process for the year 2025 has started and pilots must use the new eCrew version to place their bids.

Due to better screen display and to avoid scaling problems, we recommend doing the bidding on a computer rather than on a tablet or smartphone.

To get the best possible result, it is important to keep a few basic things in mind:

• When placing your bids, be aware of your relative seniority and avoid putting your hopes on just a few preferential bids. Always have a plan B in mind and place additional alternative bids. You can place as many bids as you like, but only a maximum of 25 vacation days will be allocated in the first bidding round.
• Naturally, the demand for vacation days is highest during popular holiday periods, which may even affect pilots with a relatively high seniority. 
• Our experience has shown that separate blocks of vacation and off days have been regularly used to cover rest requirements in the past.
• Do not rely on getting your A or B days attached to your vacation block at a later stage during the monthly off day bidding. There is no guarantee to get this request awarded and it depends furthermore on slot availability and planning restrictions. However, with the newly negotiated bidding options (split & wrap) in CWA 36.20, we expect a significant improvement in the success rate.    

For a better understanding of the system, we would like to mention the following:

• Vacation planning is an automated process, and the outcome is significantly influenced by how each pilot enters their bids.
• The system does neither know nor understand the motivation behind your request, it simply attempts to allocate your requested vacation days to open slots.
• Requesting vacation blocks starting only on a specific day bears the risk that your request gets discarded. Only one day without an open slot is enough that the system cancels your request completely and moves on to the next one. The system will not trim and shift the days automatically, it requires your correct input when placing the bid.
• Using the “Min Grand” option enables you to give the system the required flexibility down to your lowest (minimum) day limit within a specific period.

You can download the ALPL Vacation Calendar 2025 and 2026 from the ALPL website for your perusal.

If you have any questions don’t hesitate to get in. touch with us via cvboard@alpl.lu.

We would like to update you on the following topics:

• FRM Survey
• PBS Working Group
• Company Visits
• Rest Area at the Airport
• Cargo Aircraft Only Restriction
   

FRM Survey
Thank you for participating in our recent FRM Survey 2024. We received 381 responses, providing a clear picture of our members’ opinions on the company’s Fatigue Risk Management and the role of the Aviation Safety Department (ASD). The feedback highlights areas of dissatisfaction and indicates the need for necessary changes to improve the Fatigue Risk Management.

The results were presented to Senior Management during the Joint Delegation Meeting (JDM) on July 3, 2024. We had a long but constructive discussion, and management emphasized the importance of receiving Fatigue Reports containing factual information. Furthermore, we were informed that a new fatigue investigator has started work at the Aviation Safety Department. We will keep monitoring the quality of the feedback of the Fatigue Reports.

Since safety is a shared responsibility and essential for safe aircraft operations, we promised to inform our members in future updates about the importance of filing reports and the do’s and don’ts when doing so. 

Click here to see the survey results shared with management.

Additionally, we would like to share the correspondence between the delegation and the ASD. Please click on the links below. We are still awaiting a response to our last letter sent on June 12, 2024.

• Letter to the ASD, May 15, 2024
• Response letter from the ASD, May 30, 2024
• Letter to the ASD, June 12, 2024

PBS Working Group
In the last PBS working group, statistics confirmed a drop in the bidding success rate for off days in July 2024. First Officers achieved a better success rate for off days than Captains. A similar scenario is expected for August, mainly due to booming business and summer vacation periods. Management plans to increase the number of upgrades and continuation of hiring new pilots, which was well received from our perspective.

Regarding the implementation of additional bidding options and required technical changes to improve the PBS as per CWA 36.20, we are pleased to report that according to CPO and Crew Planning everything is on track for the introduction latest on November 30, 2024.

Company Visits
During the last JDM, we were informed that company visits will be possible again soon. Visits to the CMC will be available on specific days and a dedicated booking system will be installed. It is also planned to make the simulators available for visitors during a fixed timeslot when no training will be scheduled. 

Visits to the HQ should be possible with minimal restrictions. Further details will be communicated by the company in due time.

We are pleased with this development and confident that visits to the hangar and simulator will be appreciated by our colleagues and their families.

Rest Area at the Airport
Some colleagues have raised concerns about the lack of a rest area for pilots at the airport. We brought this up with management, and they are working on a solution. As the new office park may be too noisy, management hopes to find a suitable space in the existing airport terminal building.

Cargo Aircraft Only Restriction
Unfortunately, two countries rejected the proposed text change at ICAO level, which would have lifted the CAO restriction for private travel on company aircraft.  As to our knowledge the principle was not rejected, and a new text, developed by an ad hoc working group of the ICAO Dangerous Good Panel, will be presented in the next working group meeting in October 2024. The vote on the new text is scheduled for November 2025. 

Management is now trying to develop a more robust way to predict available flights without CAO DGR. We know this is not what we have hoped for, but it will be again a step in the right direction.

We will keep you updated on any further developments.

We encourage everyone, who was not able to attend the assembly on 05 June 2024 to watch this screencast.

The main agenda items in this assembly were:

– Summary of the Division´ s activities including future challenges 
– Forecasted financial plan for the year
– Miscellaneous

We would like to give you an update on the following topics:

• Taxation of overtime for German Cross-Border Workers
• Compliance with the CWA
• ALPL Cargolux Divisional Assembly 2024 

Taxation of Overtime for German Cross-Border Workers
After consulting a tax lawyer regarding the recent changes to the double taxation agreement between Germany and Luxembourg, which we previously published in our members’ update on April 17, 2024, we have asked for a second opinion from another tax adviser. Unfortunately, this second opinion conflicts with the first, adding to the uncertainty and ambiguity surrounding this issue.

Given the inconsistency in the tax authorities’ approach, it appears increasingly likely that ultimately the courts will have to decide unless there is a political resolution in Luxembourg or an amendment to the double taxation agreement that clarifies the situation.

Compliance with the CWA
We were notified of an incident where a member was not properly compensated for a delayed arrival into the first vacation day, as stipulated in CWA Article 36.17.1. 

Fortunately, this issue was quickly resolved, and it was confirmed to be a mistake by the company. Considering this, we urge you to be familiar with the CWA and ensure its correct application. Despite advancements in automation, errors can still occur. We encourage you to remain vigilant and to get in touch with us if you need assistance.

ALPL Cargolux Divisional Assembly 2024
The 2024 Cargolux Divisional Assembly is scheduled for June 5, 2024. A detailed invitation and agenda will be sent out well in advance. As in previous years, members can attend the assembly either in person at the ALPL office or virtually via Zoom.

We would like to provide you with important updates on several topics:

• Wrong application of Flight Time Limitations
• Funeral of Markus Gerneck
• ALPL Divisional Assembly 2024
• Taxation of Overtime for German Residents 

Wrong Application of Flight Time Limitations
It has come to our attention that there have been isolated instances where crew control did not adhere to the Flight Time Limitations for Standard and Augmented Crew Operations. Specifically:

• For a Flight Duty Period (FDP) scheduled with a Standard Crew (1 Captain and 1 First Officer), Article 36.6.2.2 and Table 2 of the CWA must be followed. The FDP must always be planned within the Planning Limit outlined in Table 2. The published Operational Limit for the respective start of the FDP is only applicable in case of unforeseen circumstances ( e.g., loading delays, fueling delays, ATC slot) that occur after the reporting time. This limit should not be exceeded unless using Commander’s Discretion as per Article 36.12.

• Extensions to the maximum FDP for a Standard Crew using in-flight rest are governed by Article 36.6.4 and Tables 6 to 9. Remember, a FDP covering 3 sectors requires a Standard Flight Crew plus 1 additional Captain and 1 First Officer. 

Please report any discrepancies in the application of the CWA by crew control to us so we can act on it.

Funeral of Markus Gerneck
The funeral for Markus Gerneck is scheduled at Pfarrkirche St. Johannes in Schleich at 10:30 AM on Friday, 19th April 2024. All colleagues who wish to attend are welcome.

ALPL Divisional Assembly 2024
Due to the social election and the formation of a new Delegation at Cargolux, planning for the 2024 Divisional Assembly has been delayed. It remains a priority on our agenda, and we will communicate the date as soon as it is finalized. We appreciate your understanding and patience.

Taxation of Overtime for German Residents
Following recent changes to the double taxation agreement between Germany and Luxembourg, we consulted a tax lawyer to clarify the implications for our fellow colleagues residing in Germany. 

As by his response, the amendment affects only paragraph 1 (pertaining to normal professions) and does not alter the provisions for pilots outlined in paragraph 4. For pilots, taxation continues solely in the country of the employer’s registered office without the option for salary splitting as in other cross-border professions.

If the legislators had intended for the overtime regulations to apply to pilots as well, they would have needed to include these provisions in a subsequent paragraph of Article 14, following the existing regulations for pilots.

For a detailed explanation, please click here to read the complete response.