Cargolux

Without any doubt the Cargolux staff played an important role in achieving the unmatched financial result for the year 2020, which turned out to be the record year for Cargolux resulting in a record profit. Consequently, and as agreed in the Collective Work Agreement (CWA) the employees covered by the CWA are entitled to a profit share payment.
 
Following different opinions on how the profit share gross amount to be paid out to each employee should be calculated, Unions and Cargolux Management met in order to clarify how this calculation should be done. In this meeting the social partners agreed on the methodology of the profit-sharing calculation, solving their diverging opinion in the interest of the employees.
 
On 28 May 2021 an amendment to the CWA was concluded, which clarifies that the employer’s contributions to the social security system are paid by the company and not by the employees. Additionally, the amendment clarifies that the exchange rate to calculate the portion of the Profit-sharing an employee obtains in Euro, is the reporting date spot rate as disclosed in the company’s audited annual financial statements. This calculation is necessary as the company’s accounts are calculated in US Dollar while the individual profit share amount paid out is in Euro.
 
The amendment to the CWA will replace Art. 13.4.2 of the CWA signed on 05 August 2019, providing the employees covered by the CWA with the needed certainty how the profit share due for 2020 is calculated. Additionally, this amendment will provide the same clarity for any possible profit share payments which may become applicable for the years 2021 and 2022.
 
Art. 13.4.2 of the CWA defines the Qualifying Profit Before Tax (QPBT) as the consolidated profit before tax, excluding all capital gains/losses on sale of assets, and all items or losses of an extraordinary nature (i.e. not in the ordinary course of the business), but including profits or losses arising from forex exchange movements and “market to market” movements of the Company’s hedge portfolio, as disclosed in the company’s audited annual financial statements. This statement is available on the RCS webpage. Due to the Amendment of the CWA after the finalization of the 2020 accounts for the 2020 calculation, the employer’s social security contributions applicable to the profit-sharing need to be deducted separately from the QPBT, which is not yet indicated in the audited annual financial statement for 2020 but should be approximately 1,3% less than what is presently stated.
 
The number of employees is expressed in full time equivalent (FTE) considering the total number of worldwide employees on the company’s payroll with exception of exempt employees and managerial staff. Part time employees will be taken into account on a pro-rata basis. Resulting in 1854 FTE for calculation of the profit share to be paid to each employee.
 
As already explained above, to calculate the profit share amount to be paid out in Euro, the reporting date spot rate as disclosed in the company’s audited annual financial statements is used.
 
The profit share due is then calculated using the formula in Art. 13.4.1 of the CWA. Please note that for the calculation the full amounts in US Dollar including cents have been used while the amounts shown in financial statement only indicate thousands of US Dollar omitting hundreds and cents.

Please find below an update regarding: 

• Memorandum of Understanding “Late Arrival before a Vacation Period”
• Appointments for COVID-19 vaccinations

Memorandum of Understanding “Late Arrival before a Vacation Period”
In the new CWA 2020-2022, Art. 36.17.1 Vacation – General Rules was negotiated with the aim to protect any vacation period and to ensure that a pilot is scheduled to arrive at Home Base in due time before a vacation period commences. It was also clarified when the compensation for late arrival at Home Base before a vacation period as per aforementioned article of the CWA should be applicable.

In recent months however, we have seen cases where the application of this article was not always clear and different interpretations were possible, especially when off days were sold. Hence, it became necessary to find an agreement to add more clarity and transparency and to highlight the original spirit of Art. 36.17.1. 

Please click here to read the Memorandum of Understanding (MoU) that became effective with the signature date on 05 May 2021.

We are glad that there is a mutual understanding that pilots in general shall not work on vacation days and shall be scheduled to arrive back at Home Base as foreseen in Art. 36.17.1. of the CWA. Please note, neither the Luxembourgish labor law nor the CWA foresee the selling of vacation days.

In general, vacation days are precious for every pilot as these are allocated strictly according to seniority, and available slots – especially in the holiday season – are limited. Moreover, in the last CWA negotiations we managed to regain the lost vacation days from the “B-scale” and selling vacation days might not improve our position with regard to the next CWA negotiations. Therefore, we ask everyone to be mindful and to refrain from selling any vacation days.

Please don’t hesitate to get in touch with us at cvboard@alpl.lu if you have questions or need assistance.

Appointments for COVID-19 vaccinations
The COVID-19 vaccination campaign is slowly gaining pace and some of our colleagues already received their first dose. Whereas it should be possible to flexibly book an appointment for the first vaccination, it turned out that at least in Luxembourg the date for receiving the second dose is fixed. Thus, during that period it could be a challenge for both, pilots and crew control, to make vaccinations possible, which could evidently lead to some roster disruptions in the coming weeks and months.

Generally, when it comes to appointments for the vaccinations, solutions should be found, which are acceptable to both sides. Please send an email to cvboard@alpl.lu, if you require any assistance in this respect.

As per the OHS update sent on 3 May 2021, pilots are requested to schedule their appointments during their off – or vacation days to have a 48-hour period before the next flight. This however might not always be possible as the availability of slots may be limited. In such cases, please make sure to inform your Aeromedical Examiner or practitioner of the 48-hour requirement as per EASA SIB No.: 2021-06 and if necessary, obtain a sick note.

In the last Joint Delegation Meeting with Senior Management, we mentioned the disadvantaged treatment of pilots within the company in context with the requirement to schedule the appointments during off-time. Other employee groups are not subject to any restrictions on vaccinations during or before their working hours. In these cases, any incapacity for work due to side effects of the vaccination would be covered by sick leave during working hours, whereas pilots would have to carry the risk of being sick during their off days.

Thus, we asked for a compensation day to account for this, which unfortunately was rejected by Senior Management!

With the vaccination campaign slowly speeding up, some German states (Bundesländer) opened the vaccination for persons belonging in category III “Erhöhte Priorität“. This priority group includes employees working for critical infrastructure service-providers, including personnel working in the transportation-sector, who are eligible to receive a vaccination against COVID-19.

Eligible are only persons who have their primary residence registered in Germany. 

Please note that for proof of eligibility further documentation is required. Depending on the state or possible even the local health authority (Gesundheitsamt) this might include a letter by HR, certifying that you are working as a pilot flying essential cargo. We contacted HR and received the information that the Company was preparing a certificate for pilots residing in Rheinland-Pfalz, which should have been sent out by now. A generic certification should be sent to all staff soon. Should the authorities for your place of residence require a dedicated form, we suggest that you get in touch with HR.  

Additionally, in some German states, it is possible now to volunteer for the AstraZeneca vaccination, regardless of a person’s age or other criteria.

If you chose to get vaccinated, we would like to remind you to schedule an appointment in accordance with all applicable OM-A and company restrictions regarding vaccinations. It is recommended by EASA that air crew should consider a waiting period of 48 hours after each dose of COVID-19 vaccine, before engaging in any flight-related tasks, e.g. a Flight Duty Period or Standby in accordance with the privileges of their flight crew license.

Appointments for vaccinations are done on a state level. Kindly check for your state (Bundesland) how to schedule an appointment.

Please find below an update regarding:

• Cargolux Divisional Assembly 2021
• COVID-19
• Fatigue
• ALPL Instagram Newsfeed

Cargolux Divisional Assembly 2021
The yearly ALPL Cargolux Divisional Assembly will take place on Wednesday, 21 April 2021. After the regular two-year term also a new Cargolux Divisional Board will be elected at this assembly. 

If you are interested in joining a team to represent your fellow colleagues and actively shape the future at Cargolux, we kindly ask you to become a candidate for the election of the new Cargolux Divisional Board by simply sending an email to cvboard@alpl.lu until latest 20 April 2021.

A separate invitation including more details and the agenda will be sent a few days before the assembly.

COVID-19
While we wait for the vaccines to be distributed in many of our home countries it is important not to let our guard down. Especially with the third wave of infections on the horizon, please continue to maintain the measures that we have in place to ensure we all remain safe.

In the US we see some States opening up restaurants/bars and at the same time not mandating the wearing of the masks in many public areas. If you have a layover in these States you might be confronted with a situation where people do not follow the safety recommendations, such as other guests not wearing their masks in the hotel lobby or lift.

In those cases, we suggest remaining professional and to avoid any conflict with those individuals by trying to change their behavior. The easiest is to avoid the situation and take the next lift or not be in these large gatherings at all.

Our Hotel Committee has been able to stabilize the hotels to the normal contracted ones at our destinations in the US. Many of them are in affluent areas where local residents follow most of the safety recommendations. Nevertheless, if there is a trend occurring that may be undesirable, the best is to remain in the confines of the hotel and obtain meals via delivery through various apps.

Fatigue
2020 has certainly been a year of change. Being in the cargo industry has seen a remarkable increase in operations mainly due to a lack of belly capacity space of passenger airlines and an increase in other areas of consumerism.

At Cargolux we have seen an increase in operations and there has been a change in the way we operate to avoid layovers at inadequate locations.

While Flight Operations is obliged to mitigate fatigue in advance, we know that they rely on the Biomathematical Model (BMM). The Aviation Safety Department (ASD) has assessed that the BMM in certain cases underestimates the real value of Karolinska Sleepiness Scale (KSS) when approaching high levels of fatigue. 

While we see less Standard Crew Operations, we do see a large number of augmented flights (3 or 4 pilots). Whereas it is observed that when operating with 4 pilots the long FDPs are managed, the three pilot operations, especially when shuttling back and forth from OVB-CHINA-OVB may be less so. 

We therefore would like to remind you that pilots are the only real source of the data when it comes to actual fatigue values in our operation. Maintaining a sleep log and accurately reporting any fatigue related events is crucial in ensuring that these real time data finds its way into the FRM system. Under this aspect, Fatigue Reports should be seen as a vital data source for the system. Please click here for some guidance on how to file a FR.

Furthermore, it appears that a number of colleagues are not familiar with the newly negotiated FDP limits and other restrictions in the CWA. Even if the willingness to assist the company during these times is understandable, please keep these limits in mind. It was very hard to achieve those in the last negotiations! In other words, helping out is ok, flying beyond any reasonable limit is not.

To familiarize yourself with the new CWA, we recommend to read and watch the “Know Your CWA” series, which is available on our website at www.alpl.lu.

Instagram
As you know the ALPL Board uses various channels of communication, such as emails, Debrief videos and SMS to keep you updated. In order to further facilitate the flow of information we decided to use Instagram as an additional source of information for our members. If you are interested, please subscribe to alpl_cv_division to receive real-time updates and news. 

Please find below an update in regard to: 

• COVID – 19 Vaccination
• New crew room facilities and crew parking
• V-Day Survey

COVID – 19 Vaccination
In the recent Joint Delegation Meeting with Senior Management on 03 February 2021 the vaccination plan published by the Luxembourg government was discussed. This plan is based on recommendations by an Ethics Committee and currently foresees 6 phases.

According to that plan, Cargolux employees would only fall into phases 5 and 6, similar to other European countries. At the moment the law also only foresees to vaccinate people residing in Luxembourg with the exemption of employees working in the health care sector.

Furthermore, this vaccination plan doesn’t mention “essential workers”. In that meeting it was confirmed by Senior Management, that Cargolux employees should be considered as “essential workers” due to an increased exposure and that Management would continue to lobby the Ministry of Health to become a priority.

At the same time, Management mentioned that any offered vaccination would be on a voluntary basis and that there is no legal ground to force employees to get vaccinated anyway.

However, should there be additional restrictions by foreign governments in regard to entry requirements for crews, e.g. a mandatory vaccination, Management will get in touch with us. 
 
New crew room facilities and crew parking
In the same meeting we also received a brief update on the new crew room facilities at the airport. 

The facilities will be located inside the terminal building on the first floor facing the check in counters. It will consist of 2 rooms; 1 for check in and flight preparation, the other one will serve as a lounge area. There will also be a small changing room but unfortunately, due to limited space available, no storage room for luggage will be available. 

Parking space will be offered at a newly built dedicated staff parking lot next to the terminal building during summer and underground parking during wintertime. 

The briefing packages will still have to be picked up in the container at P7, mainly for maintenance reasons and more printers on site that could serve as back up printers.

Because of a delay by LuxAirport it will take most probably until the end of April until the facility will be available to the crews.

V-Day Survey
In December 2020 we asked you to complete a survey in regard to the bidding and allocation of V-Days for the year 2021 to find out whether the amended bidding and allocation procedure led to a better result than before.

Please click here to see the result of the V-Day Survey. Compared to the previous survey one year earlier we were able to identify the following amongst the participants: 

1. An increase of the average success rate, and
2. An increasing success rate with decreasing seniority. 

It is evident that the amended bidding and allocation process resulted in an improved success rate for pilots with lower seniority, which was the basic idea from the beginning. This is clearly depicted when looking at the trend lines 2020 and 2021 for Captains. The reason why the trend lines for First Officers are slightly different is due to the fact, that the average relative seniority of First Officers, who participated in the survey in their respective group was higher than the one of the Captains.

However, the bidding process and success rate for V-Days is closely linked to the vacation day bidding and hence depends on the number of allocated vacation days. 

We are aware of these problems and as communicated already in our Members Update in November 2020, there is a common understanding between Flight Operations Management, Crew Planning and Pilot Representatives that the vacation day bidding and allocation process needs to be fine-tuned in order to increase the individual success rate and to reduce the outstanding vacation days in the future. A well functioning vacation bidding system should subsequently also lead to a further increased success rate for V-Days.

Please understand that changing a complex system like the vacation bidding could inevitably lead to profound changes that will influence every pilots work-life balance and therefore each step needs to be evaluated very carefully. 

In our last Members Update in January we mentioned the requirement for a joint effort by our members, the Hotel Committee, the Divisional Board and also the Union to tackle the issue of crew hotels that have been unilaterally chosen by management.

Since the publication of our last update, both Unions sent a letter to Senior Management to emphasize the importance to respect the CWA and to involve the Hotel Committee in the selection process. In addition, a letter questioning the necessity to change hotels as a mitigation procedure when predefined trigger levels are reached was sent by the President and Secretary of the Employee Delegation. You can read these letters and the response from the CEO by clicking on the below links:

Letter Unions
Letter Delegation
Answer by the CEO

We are glad to see that in the meantime crew layovers in MIA, IAH and ATL are again planned in our regular hotels which have been assessed and approved by the Hotel Committee in the past.

It is worth mentioning that your effort to file the respective reports when standards were not met or your rest was disturbed played an important role. Thank you very much and please remember; Your voice matters!

Effective 29 January 2021 Luxembourg will implement new rules for persons arriving by air transport (Only!). This applies to all departures to Luxembourg, including those from European Union Member States. It is our understanding that for the time being, members commuting to Luxembourg by commercial airline (if available) have to comply with this requirement. We contacted Luxembourg’s government at the beginning of this week, explaining the situation of our members, who commute to Luxembourg from other countries, highlighting the need for adequate exemptions.

Exempted from this new rules are crew members on duty and persons entering the Grand Duchy of Luxembourg by car or train.

Follow this link for a more detailed explanation.

We have updated the information available effective 22 January 2021. The updated list is available on here. We expect that the requirements and limitations will most likely be changed in the coming days following the meeting of the EU states late last week.

Below are some highlights, details can be found here.

Belgium
Belgium recently changed the regulation regarding travel abroad. However, there are exemptions for essential workers, which should be applicable to transport staff e.g., pilots.

France
France is introducing new PCR test requirements for persons entering the country. It is not clear at this point in time, if there will be exemptions for persons transiting France, e.g., from Switzerland to Luxembourg. We expect an exemption, as apparently exemptions are planned for cross border workers. Once this has been verified, the information will be updated.

Germany
A new federal regulation regarding registration and testing requirements when entering Germany CoronaEinreiseV is in force since last week. Some exemptions for Crew Members, cross border workers and persons transiting Germany exist. Due to a possible increase in inspections by the federal police (Bundespolizei) it is recommended to check what may apply in your individual situation.  

Please note, that the new federal regulation is in addition to the quarantine regulation published by the 16 German states (Bundesländer), which remain equally applicable governing the state own quarantine requirements. Some of these state regulations, e.g., for North Rhine-Westphalia have been updated recently, possibly affecting pilots residing in this state. We expect that more states will amend their regulations as well.

Luxembourg
While until now no restrictions are in place for Luxembourg, this is most likely to be changed following the meeting of Luxembourg’s government next week Monday. We will update the information for Luxembourg once these become available.

In any case it will be the responsibility of the individual pilot to be aware about the applicable regulations and decide whether an exemption is applicable for your individual situation.

Social Media in times of a pandemic
When positing on social media please consider the audience which could read your posts. We are aware of one case in which a pilot was contacted by the local health authority by email. Until today it could not be verified how the authority got hold of the pilot’s private email address. It can not be ruled out that social media somehow played a role.