Michael Kaiser No Comments

Members Update – February 2020

Please find below an update regarding:

  • SwissLife
  • TZC Court Case
  • V-Days

SwissLife
We would like to give you a summary concerning the Amendments to the Regulations of the Supplementary Pension & Death & Disability Insurance Scheme valid since 01/01/2018.

Please click here to download the document that was signed in March 2019. Below you will find the respective endorsements.

In total three Endorsements have been signed by CV management after consulting the Employees Delegation and the Pilot Representatives in 2019. These are:

  1. Endorsement
    The Affiliate acquires his/her rights to the Supplementary Pension Benefits after a Vesting period of 3 years, instead of 4,5 years (Article 21)[LINK].

  2. Endorsement
    Due to a change in the Luxembourgish Law, the Paragraphs 23.2. and 23.3. had to be adjusted to reflect the new law related to the pay-out options [LINK].

    Since August 2018 it is only possible to have the value at leaving date of his/her Acquired Rights paid out immediately

    • if the Affiliate is changing activity and is no longer affiliated to the Luxembourg health insurance, or
    • if the accumulated savings do not exceed 3 times the minimum monthly social salary for an unskilled worker aged at least 18.

    In other words, this means that by law it is not possible anymore to have the money paid out above age 60 as long as someone still is employed with Cargolux or any other company affiliated to the Luxembourg health insurance.

  3. Endorsement
    The method of calculating the yearly employer’s contributions has changed. From 01 of January 2020 onwards not only the year of birth but also the month of birth will be taken into account for the calculation of the Annual Net Investment Contributions under Article 20.2.1. [LINK]

    This reflects the change of the formula that was suggested by the IGSS (Inspection Générale de la Sécurité Sociale) in a letter received on 25 October 2016, after the ALPL Divisional Board has asked for clarification in regard to a possible discrimination of affiliates based on their age at the renewal date. Unfortunately, it was not possible to back-date this amendment, which means that only future calculations will be affected by the new formula.

TZC Court Case
Since the implementation of the EASA FTLs the ALPL is active in contesting the interpretation of CS.FTL.1.235 (b) (3) (i), an article that determines the minimum number of local nights required for time zone compensation after completion of a rotation.

Although we were able to clarify the correct calculation of the maximum time difference in the recent negotiations for the new CWA, the main issue, calculating the “time elapsed” for determining the minimum local nights of rest at home base, remained unsolved. Applying the, in our opinion, incorrect interpretation of “…for the first FDP in a Rotation involving at least 4-hour time difference…” occasionally leads to absurd results, awarding different numbers of local nights of rest to pilots who crossed the same time zones during a rotation.

Since the DAC-L does not share our point of view and therefore did not intervene, we finally decided to take the issue to court. FTLs are a European legislation, therefore our aim was to involve the European Court which has the final authority in interpreting any European legislation. To initiate the proceedings, we had to start at a national level by contesting the DAC-L interpretation of this rule at the administrative court of Luxembourg. Ultimately, our goal was to enforce a preliminary decision by the European Court, which would have been binding for all EU member states. 

Unfortunately, the lawsuit, involving ECA, EASA and various legal specialists, was not successful. In our opinion the court fundamentally misunderstood the legal issue behind the problem and violated European law, by not involving the European Court to obtain a preliminary decision. 

Since all legal means on a national level have been exhausted, the only possibility to reverse this decision would be the initiation of breach-of-contract proceedings against Luxembourg, which only can be done by the European Commission.

We are currently still analyzing the situation with our lawyers in order to prepare further steps involving ECA, EASA and the European Commission. 

V-Days
In a meeting with the Chief Pilot on 06 February 2020 we discussed the reviewed V-Day allocation. It is worth mentioning that the data that was provided by the Crew Planning Department and published in the February edition of the Chief Pilots Office Newsletter in general matches with the data that we collected and that the individual success rate went up. However, these rates are still far from the approval rates of previous years.

We again highlighted the original purpose of the V-Days, namely, to assist colleagues with relative low seniority to have the off days connected to a short vacation period to give them an opportunity to plan vacation already well ahead of the monthly roster publication, which was acknowledged by the CPO.

It therefore was decided to start exploring different ways to achieve higher approval rates in the future and to have the current bidding and allocation process reviewed. This will be done in close collaboration with the ALPL Vacation Committee.

Michael Kaiser No Comments

Members Update on Coronavirus Epidemic

Please click here to read a letter in regard to raised concerns and suggested precautions when operating flights into China during the coronavirus epidemic. This letter was sent on Friday, 7 February 2020, to the Chief Pilot, EVP Flight Operations and Head of Occupational Health, Safety and Environment.

Additional information including CDC risk level, travel advisories and routine preventive actions can be found on the OHSE intranet page.

Please don’t hesitate to get in touch with us at cvboard@alpl.lu should you have any question.

Dirk Becker No Comments

Members Update on Corona Virus

During the Joint Delegation Meeting on 05 February 2020, the current situation regarding the Corona Virus was discussed with management.

In this meeting, the Pilot Representatives were informed that it is planned to avoid all layovers in PVG, CGO, PEK, and XMN.

According to management pairings will be changed to operate OVB – PVG – OVB and OVB – CGO – OVB with a double crew. Management is considering a similar solution for PEK and XMN but no final decision regarding these pairings has been made.

For the time being flights to HKG remain unchanged.

Your Representatives addressed your stated concerns regarding possible commercial positioning into and out of China. Additionally, we asked management to provide all pilots with regular updates regarding the operation and layovers in China.

Please send an email to cvboard@alpl.lu, if you have any questions.

Dirk Becker No Comments

Members Update on Fatigue Warnings

In May 2018 we provided information regarding fatigue warnings issued by Crew Control. These fatigue warnings are based on a mathematical model and are triggered when the calculated alertness level exceeds a predefined score. In fact, your actual alertness level could be higher or lower, depending on your personal sleep/wake cycle.
 
In the recent Fatigue Safety Action Group (FSAG) meeting it was announced that if pilots do not respond to a fatigue warning Crew Control must alter the departure time to ensure the fatigue scores are below the predetermined thresholds! Please also refer to the  “Boxed Items 4/2019“, “Take Note” Section on page 10, published on 22 January 2020!
 
Legal uncertainty of civil or even criminal nature after a possible accident or incident, where the company and individuals could personally be held liable, was one of the main reasons for this clear direction.
 
According to EASA ORO.FTL.110 – it is the initial responsibility of the operator to manage and mitigate fatigue. It is in the first place the responsibility of the operator to schedule flights already in the planning stage so that rosters are sufficiently free from fatigue. A transfer of this obligation to the respective pilots to decide whether or not they would be able to operate a specific flight cannot be seen as a relief from the principle obligation of an operator.
 
In the case you receive a fatigue warning in advance of your next duty or series of duties, we strongly suggest applying a very high and professional standard in determining your capability to safely operate any subsequent flight. This is especially important for rotations involving highly demanding airports like MEX,  UIO etc. Please remember that you might possibly face a situation where you have to justify your decisions. Therefore, please do not hesitate to ask for more rest should you require it!
 
As we have indicated in the past, maintaining a sleep log from the beginning of a rotation will assist you in making a professional and informed decision. Also, do not forget to file a proactive fatigue report when asking for additional rest, or a reactive fatigue report, if you experienced high levels of fatigue during a flight. In order to effect any change in crew scheduling and rotation planning,  fatigue reports by pilots are the most valuable and required data. Guidance on how to report fatigue can be found here.
 
In this context it is important to remember that commander´s discretion (ORO.FTL.205) in OM-A, chapter 7, section 8  is not a one way street to extend a FDP in unforeseen circumstances but also a tool that can be used to further limit the maximum allowable FDP with the aim to mitigate accumulated fatigue.
 
To better understand the hazard of fatigue, EASA completed a study on Night and Disruptive Schedules in 2019. Click here to see a summary of this study that is relevant to our operation.

Dirk Becker No Comments

Members Update – January 2020

2019 was a busy but successful year for the ALPL Cargolux Division and its members. The great result in the Social Elections in March 2019 resulting in 8 out of 16 seats of the Delegation being held by Pilot Representatives certainly was one of the contributing factors to finally conclude the CWA negotiations in August that entails major improvements for all Cargolux pilots, especially for those that were initially hired under the so-called “B-Scale”.

This result demonstrates once more, what we as a group can achieve when standing together. Thank you for that!

In 2020 we will focus on the correct application of the new terms and conditions, especially on the implementation of the new FTL for Standard and Augmented Crew, which will take place latest by July 2020, as well as ongoing issues in the day to day operation, e.g. crew hotels.

We encourage you to familiarize yourself with the new CWA 2020-2022 and to also read our “Know Your CWA 2020” series, which are available here.

Remember: We can negotiate conditions, but you have to enforce them!

As always, our work and engagement will continuously be guided by the ALPL´s mission statement:

Flight Safety and Pilot’s Health
Pilots’ Social Rights
Job Security and Working Conditions

Please find below an update on:

  • Hotel Accommodation 
  • V-Day Survey
  • Random Alcohol Testing

 
Hotel Accommodation
The ALPL Hotel Committee has received an increasing number of complaints from our members about crew hotels failing to provide the standards and services required to enable adequate rest during our demanding type of operation. Given the high number of complaints it is apparent that the standards of our hotels are slowly but steadily being challenged.
 
In this context we would like to remind you that in the case that your accommodation does not fulfill the requirements of either the Cargolux Hotel Policy and the CWA or your rest is in some way compromised, there are a couple of options you need to do. 

  • First, carefully evaluate your fitness to conduct your next flight. It is absolutely essential that you are well rested before commencing any flight duty. If in doubt do not hesitate to request a quieter room, potentially requiring additional rest which may delay the departure accordingly. Please don’t forget to inform all your colleagues and the local station. Make sure to file a fatigue report and send a copy to cvhotels@alpl.lu
  • If the hotel has deficiencies of the standards as laid out in the hotel policy, now also in the CWA 2020-2022, please file a VR and send a copy to cvhotels@alpl.lu
  • Many have asked the Hotel Committee to identify the suitable hotels. Please click here to see the list that is based on the Station Information and gives you a good overview of the contracted hotel and whether it is suitable or not. Should you be scheduled to be in a hotel that is not suitable, please liaise with crew control and request the booking in our normal hotel or another suitable hotel for the entire crew. Settling the expenses with the company credit card (after obtaining approval by the Company) is another option open to you. If you see a hotel on our network that is not familiar to you, please also send an email to cvhotels@alpl.lu.
  • Without a copy of the reports you submit, the Hotel Committee has nothing in their hands to follow-up these complaints with the Company. Therefore, please take the time and always write a report and send a copy to the Hotel Committee as well.

The ALPL Hotel Committee is fulfilling their obligation as laid out in the Hotel Policy by doing its best to select and propose suitable hotels. It is unfortunate however, that this process is continuously being ignored by Procurement Management and that the well-functioning of this collaboration is undermined by lack of transparency and poor communication from senior management. 

Whereas it was possible to resolve recent issues with hotels in LUX in a joint effort with the Chief Pilots Office, some do remain at certain destination, as you can see in the provided list.

To find acceptable solutions for all parties concerned will require a joint effort by you, our members, the ALPL Hotel Committee as well as the Divisional Board and the Delegation!  

V-Day Survey
In December 2019 we asked you to complete a survey in regard to the bidding and allocation of V-Days for the year 2020 to get a clearer picture of what happened during the allocation process. A majority of Captains and First Officers participated in the survey, representing a statistically relevant collection of data.

We have also been in touch with the Chief Pilots Office, who also gathered and provided more information in a recent email, sent on 31 December 2019.

In addition to that email, we would like to present you the result of the V-Day Survey, which reflects what has been reported by our members and illustrates mainly two things:

  1. A significant lower average success rate, and
  2. A decreasing success rate with decreasing seniority.

Considering the original purpose of the V-Days – a system that was designed to assist colleagues with relative low seniority to have the off days connected to a short vacation period primarily in the difficult summer season – we are of the opinion that in particular this bidding and allocation process must be reviewed and eventually adjusted with the aim to significantly increase the individual success rate.

Random Alcohol Testing
Please note, that in 2020 random alcohol testing will be introduced and will become part of the ramp inspection program in Europe. Tests could also be conducted outside the aircraft (e.g. in the crew room) and will take place after a pilot has reported for duty. Depending on national legislation, the testing may be done by either ramp inspectors or by police, or both. If the test shows a positive alcohol breath test, this must be confirmed by an additional ‘evidential test’ by the police.