Cargolux

This is the second in a series of articles about the upcoming social elections, providing you with information about the election of the staff delegation.
 
These elections will be important for you, as the outcome will directly impact your future working conditions, as the result of the delegation election will have a direct impact on the ongoing CWA negotiations!
 
The Delegation
The staff delegation is the legal body that represents the employees within a company. By law the delegation has to be informed and consulted on issues related to the working conditions of the staff with the intention to improve the working conditions and work safety, to improve on the job training and professional development opportunities and to seek improvements of work-life balance for all staff members, ground staff and pilots alike.
 
Additionally, to these tasks the result of the most recent delegation election plays an important role in CWA negotiations.
 
CWA Negotiations
While not being directly involved in the negotiations for a collective work agreement (CWA), the results of the delegation election are used to determine, if a union could sign a CWA alone, even against the will of any other group taking part in the negotiations.
 
The signing of the 2015 CWA has shown what happens to your terms and conditions if individuals, who were either not pilots or were never elected by the pilots, claim to represent your interests in CWA negotiations. The outcome – unsustainable working conditions – is well known to you.
 
As the result of the delegation election of 2013 had been contested, the previous delegation, elected in 2011, was kept in power until early 2017, when the highest administrative court issued a final ruling that the result of the 2013 election is indeed valid. As the seat distribution in the delegation elected in 2011 was different, the labour minister indicated that he would accept the signing of the present CWA in December 2015 against the clearly expressed will of your representatives. The outcome is well known, the present CWA.
 
What has happened in in the CWA negotiations in 2015 would most likely not have been possible with the staff delegation elected in 2013, that would have ensured that the interests of each employee group, including the pilots, were respected in the present CWA. You would not be exposed to unsustainable flight time limitations and most likely new colleagues would not have been employed under significantly different working conditions and compensation below what is needed in a high cost environment like Luxembourg.
 
The outcome of the CWA negotiations in 2015 should be reason enough for you to participate in the delegation election. Your participation in this election will be essential. Only if you will cast your votes it will be possible to prevent that a future CWA could again be enforced upon us, like the one signed in 2015.
 
In the next email we will provide more details about the election itself, how you can cast your votes and most important about the postal voting procedure.
 
The message is clear: Make your voice heard and VOTE!
 
Each vote will count and will make a difference. This delegation election will be important for you. If you want to see a change in your working conditions, it will be essential that you vote!
 
Please also take note of the Knowtam “Social Elections 2019”, the FAQ, the information previously published and all future publications.

More information about the delegation election will be provided soon, including details how to request postal voting, how to cast your votes by postal voting and your candidates. Please stay tuned and remember:
 
Make your voice heard – Vote!

This is the first in a series of articles we will publish to provide you with information about the election of the staff delegation and the members of the Chambre des salariés (CSL). We will provide you with important information why it will be essential that you cast your votes in both elections. This may include information you may be aware.

We urge you to read the information carefully as it will include additional information you may not be aware of, if you have been employed in 2013 while it will be completely new information for the more than 180 colleagues who were hired after April 2013. Please also take note of the first edition of Knowtam “Social Elections 2019”, which has been sent to your home address and is available online following this link. Further information will be available oin the section Social Elections 2019 on this website. Click here to see how to navigate to this section.

These elections will be important for you, as the outcome will directly impact your future working conditions, as the result of the delegation election will have a direct impact on the ongoing CWA negotiations!

Social Elections – Electing your Staff Delegation and the Chambre des salariés
Every five years, the employees in Luxembourg are called on to participate in the nationwide social elections to elect in two separate elections the members of the staff delegation in their companies and the members of the Chambre des salariés (CSL). The next social elections will take place in March of this year, giving you the opportunity to elect those colleagues who will represent your interests for the next five years.

In this first article we provide information about the CSL, why it will be important that you vote and how you can participate in the CSL election.

The Chambre des salariés
While the election of the staff delegation certainly has a more direct impact on the individual working conditions of an employee, taking part in the election for the CSL is of important as well.

The government must seek the opinion of the CSL on any draft legislation or regulation relating to the country’s economic, financial and social policies. In addition to being involved in the legislative process, the CSL is represented in state advisory bodies, the social insurance institutions and in the labour and social courts. Globalization, digitalization and the continued striving for liberalization are factors that will continue to impact our jobs, making it important that the interests of employees will be continued to be represented in rule making processes in the future.

The CSL Election
In the CSL election you elect the members of the general assembly, which is made up of 60 elected members, divided into 9 professional groups. As a pilot you belong to occupational group 5 “other services” and elect the 14 representatives plus 14 substitutes, in total 28 members, of this group.

Nationally representative union
Additionally, the number of votes a union receives in the election for the CSL determines, if this union is considered to be nationally representative. By participating in the CSL election, you also determine which of the unions are nationally representative.

By law only nationally representative unions can negotiate and sign collective work agreements (CWA) in any company. In order to achieve the status of nationally representative union, a union must have received at least 20% of the votes in the last elections to the CSL. Presently there are only two nationally representative unions, one is the LCGB.

In order to represent your interests in negotiations for a collective work agreement (CWA) as ALPL we need a partner, management must by law accept as negotiating and signatory union in CWA negotiations.

When ALPL was founded more than 50 years ago, the founding fathers of our associations were faced with the question how to make sure, that the association would be able to effectively represent your interest when negotiating with management working conditions for the pilots within the framework of a CWA. After careful considerations and legal advice, it was decided that ALPL needs a strong partner, a nationally representative union to guarantee that our interest will be represented in CWA negotiations.

For many years the LCGB is this strong partner as nationally representative union ALPL cooperates with. The LCGB provided our association the required freedom to represent your interests in CWA negotiations. This means that your ALPL Board is actively involved in CWA negotiations, sitting at the negotiation table representing your interests.

Vote List 2 ‘LCGB’
Based on this fact and the explanations provided above, your ALPL Board recommends that you vote for List 2 the LCGB list by simply marking the circle above List 2 on the ballot with a ‘X’.

Only by maintaining the nationally representative status can we guarantee that our partner union, the LCGB, will be able to negotiate and sign collective work agreements in the future, which will represent our interests.

How do I vote?
The CSL election takes place exclusively by postal voting. The postal voting papers will be mailed to your home address in the coming weeks, without you having to apply for it. The picture below shows a sample of how the envelope you will receive looks.

Information how to mark the ballot, how you have to return the ballot by mail is explained in the Knowtam “Social Elections 2019” and can also be found here. Additionally, we recommend that you watch this short video showing how to mark your ballot and how to return it.

More information about the even more important delegation election will be provided soon. Please stay tuned and remember:

Make your voice heard – Vote!

2018 was a busy year for the ALPL Cargolux Division and 2019 will not be any different. The entire board will be occupied with ongoing topics like the negotiations for a new CWA that commenced in summer last year and will continue well into 2019, the Social Elections in Luxembourg, which will take place in March and the yearly Cargolux Divisional Assembly, just to name a few.

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

Success or failure to achieve our aims however will heavily depend on the support and loyalty of you, our members. This message is not new to you and was repeatedly mentioned in the past. In 2019 though you will have the unique opportunity to show your dedication to actively participate in shaping your future in Cargolux on even two occasions: 

• The ongoing CWA negotiations and
• the election for a new staff delegation.

We encourage you to collectively continue to strive for the necessary changes to make Cargolux the employer of choice again!

Please find below an update on:

• CWA Negotiations
• Delegation Elections 2019
• Cargolux Divisional Assembly 2019
• Hotel Accommodation 

CWA Negotiations
In the last CWA negotiations update on 5 January 2019, we informed you about the decision of both Unions, LCGB and OGBL, to initiate the conciliation process. It is the next step to resolve the labour dispute and to agree on a new CWA that comprises acceptable solutions based on the Unions claims.

It is now up to the Office National de Conciliation (ONC) to convene the first meeting and further negotiations with management will only take place within the scope of the conciliation process, which is defined by Luxembourgish labour law. We will keep you posted.

Delegation Elections 2019
In Luxembourg the elections for the staff delegation take place every 5 years. The next one will be in March 2019 and we ask you already now to spread the word and to make all pilots aware of how important it will be to participate and have a sound and functioning pilot representation within the delegation. The negotiations of the CWA signed in 2015 highlight what could happen to our working conditions. It should be clear that the outcome of the elections will have an impact on the CWA negotiations.

All relevant information in regard to the Delegation Election 2019 will be provided during the coming weeks through different channels. Information has already been published, the first edition of ALPL’s Knowtam “Social Elections 2019” has been mailed to your home address. Please read it and stay tuned for more information published soon!

Cargolux Divisional Assembly
In April 2019, the next Cargolux Divisional Assembly will take place. After the regular two-year term also a new Cargolux Divisional Board will be elected at this assembly. Potentially not all members of the board will stand for re-election, hence we would like to ask you to consider becoming a candidate for the election of the new Cargolux Divisional Board. A separate invitation including more details and the agenda will be sent in due time.

Hotel Accommodation
Over the past couple of years 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 hotel policy or your rest is in some way comprised, there are a couple of options you need to do.

• First, carefully evaluate your fitness to conduct your next flight. In light of the rosters/ changes we face nowadays 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 does not conform to the points laid out in the hotel policy, please file a VR and send a copy to cvhotels@alpl.lu

• Should the hotel be completely unsuitable, please liaise with crew control and request the booking of another 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 sent 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.

• Finally, the CWA states the minimum of what the company will provide, such as a breakfast and internet, found in the addendum of the hotel-policy. Additional benefits are negotiated on your behalf by the ALPL Hotel Committee members and are at the generosity of the hotel. We are working now to ensure, that all benefits are made transparent and will provide an update shortly.

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

We would like to inform you that the LCGB together with the OGBL has decided to go for the next step in the CWA negotiations and initiate the conciliation process, as defined in the Luxembourgish labor law. Thus,  a letter to the Office National de Conciliation (ONC) was sent by both Unions on 2 January 2019 asking for their involvement in the current labor negotiations in Cargolux.

For you to understand why this step was necessary, we would like to give you a short overview of what has happened in the last six months.

The CWA negotiations started in June 2018 and in July both Unions presented their list of claims to the company, whereas no list was received from management.

From the very beginning both negotiation teams had the impression that management was neither ready nor prepared to negotiate seriously. This impression was confirmed by an email sent by the CEO to the employees on 31 July 2018, stating that no more meetings would be scheduled until further notice.

In order to continue negotiations and to pressure management to restart the process, the Unions had to repudiate the current CWA in August 2018. As a result, after a break of 3 months and the initiation of the “100% compliance with your CWA “campaign by us pilots, the negotiations continued with a one day meeting in September and 2 day meetings – one day for the ground staff and one day for the pilots – in October, November and December 2018, representing a grand total of 7 days of negotiations.

In the last three meetings the discussions were held in a respectful manner – which should be the norm anyway – and some subjects like FTLs, the so called B-scale, or the B2B scheduling were touched. However, disappointingly, after the December meeting it became clear, that no real progress could be achieved. At the same time, many other problems and items, which were identified by you, our members, were not even discussed.

For the negotiation teams these facts represented sparse results if any, after more than six months since the start of the CWA negotiations.

By involving the ONC, the aim is to find acceptable solutions for the identified problems and concerns. Solutions which are well deserved by the employees after such a long time period and considering the record profits that the CEO is expecting for 2018.

We have been prepared to engage into serious talks and to sign a new CWA to address many of the current grievances in a satisfactory manner. At the same time and in order to avoid any further escalation, we see an urgent necessity for management to stop their stalling-strategy and to give the negotiation-process the priority it deserves.

2018 was another labor-intensive year, peaking in the start of the negotiations for a better CWA at Cargolux. Even though we all are aware that these negotiations will continue to last well into the next year and are not finished yet, the entire Divisional Board would like to express our gratitude for your shown loyalty and continuous support in 2018! We wish you and your loved ones a Merry Christmas and a happy New Year!
 
Please find below an update in regard to:

• SwissLife
• Cargolux Italia
• Back-to-Back operation

SwissLife 
Finally, all contributions to the Supplementary Pension Scheme are visible via the new SwissLife online portal. Your username and passwords were sent by SwissLife to your Cargolux email address already in late July 2018.
 
We would like to remind everybody of the fact that the company contributions for the year 2018 are invested in the SwissLife Guarantee fund and NOT in the previously selected fund(s). If you want to change the fund you can do this online via the new SwissLife online portal. Switching funds is free of charge.
 
Please ensure all the information is correct on the portal. You may need to update your selected beneficiaries that can be done online.
 
A meeting with Cargolux management, SwissLife and the ALPL is envisaged for the beginning of next year to align the new format with our existing conditions as was discussed in the Comite Mixte meeting this year. 
 
Cargolux Italia
To address rumours we received about a fleet expansion at Cargolux Italia (ICV), management was asked during the recent Comite Mixte meeting if there are indeed any plans to replace and/or add an aircraft in Cargolux Italia.
 
Management stated there are no definitive plans at this moment but depending on the market there might be a need for Cargolux to do so. 
 
The existence of 4 airplanes in Cargolux Italia was again justified with alleged lower operating costs and that certain market access can only be achieved with Italian traffic rights. As we proved in the past both arguments are wrong and do not get any more credibility if they are repeated over and over again. Cargolux Italia is -once again- used to undermine our working conditions in Luxembourg. 
 
The employee representatives noted that such routes are already and could be even additionally flown by Cargolux on a wet lease basis. The response from management was, that Cargolux is being used due to the lack of  747-8 in Cargolux Italia.
 
We will keep a close eye on this topic, while the unions claim to reduce the number of aircraft in Italy still remains in place. 
 
Back-to-Back operation
A requirement to derogate from home base rest according to CS FTL.1.235(b)(3)(ii), also referred to as “Back-to-Back operation” (B2B), is that suitable accommodation must be provided by the company. Recently, pilots found themselves in a situation where the usual crew hotel was not reserved and only after a lengthy time the IBIS hotel was used. Furthermore, it was only booked for an insufficient time and does not represent a crew rest hotel approved by the Hotel Committee. 
 
We want to reiterate once again:

• Crew hotels must fulfil the criteria as mentioned in the hotel policy. Please click here to have a look at the Cargolux hotel policy. Any discrepancies should be reported by Voyage Report via the iQSMS application and a copy send to cvhotels@alpl.lu for further investigation by the Hotel Committee.
• If the rest is disturbed and/or insufficient in such a way that you feel unable to sufficiently perform your next duty, a Fatigue Report should be filed via the iQSMS application and additional rest should be requested with crew control.
• In order to utilize the B2B option (which should be the exemption rather than the norm) it is a required prerequisite that a suitable accommodation is booked by the company. If crew control fails to do so, we recommend that any pilot carefully evaluates if the conditions for a derogation from home base rest are still given and if sufficient rest can be obtained before the next sector. If in doubt there is always the option to request the complete rest for time-zone compensation as per regulation.

Please find below an update regarding:

• Fatigue Risk Management (FRM)
• Court Hearing – Rest requirements (Time Zone Compensation)
• Hotels
• Crew Positioning Travel
• Social Media

Fatigue Risk Management (FRM)
Since the introduction of the new EASA regulations, there has been a shift from purely prescriptive limits to performance-based Flight Time Limitations. The International Civil Aviation Organization (ICAO) with IFALPA and IATA have agreed that one regulation does not fit all types of operations and has required national authorities to introduce regulations that airlines must manage the hazard of fatigue in aviation through an FRM.

We believe it is important to look at the ICAO definition of fatigue and give you practical examples in our operation where you can identify areas where potential fatigue may arise and to assist you in your responsibility to ensure you are fit for duty.

ICAO Definition- fatigue:

A physiological state of reduced mental or physical performance capability resulting from sleep loss, extended wakefulness, circadian phase, and/or workload(mental and/or physical activity) that can impair a person’s alertness and ability to adequately perform safety-related operational duties. 

ICAO and the other stakeholders have identified four contributing factors that induce fatigue.

1) Sleep Loss; We all have experienced somewhere along our career that in the airline industry if we are not able individually to obtain our minimum nightly sleep requirements we accumulate sleep loss and we become fatigued not tired! Keeping a sleep log helps to be proactive to assist you in making the right decision in case you need to extend your rest times.

In many cases we only manage small amounts of sleep before being woken up to report for a duty. This depends what time we sign on and at what phase our circadian phase is in.

2) Extended Wakefulness; Here a clear example is when operating a long night duty as a standard crew at the prescriptive limit of 11 hours FDP. The 11 hrs FDP has meant that you will have been awake at least two hours before that (1 hour to travel to the airport + 1 hour after been woken up).

The above calculation assumes you will have been sleeping until the wake-up call. If this is not the case, you need to add the additional time of being awake. Let’s look at a duty HKG-ANC. You are in an unknown state of acclimatisation (max FDP 11 hrs) and managed only 4 hrs of sleep but have been awake 4 hours before the wakeup call. Your extended wakefulness is now 4+2 (wakeup call and travel to airport) +11 FDP = 17 hours for a landing in ANC.

In combination with the amount of sleep you have had prior to the planned duty every crew member needs to understand their physiological state to be capable of operating adequately.

3) Circadian Phase; As Cargolux pilots we understand that our body clock shifts. Unfortunately, it varies, and we need to understand that in many cases we are in an unknown state of acclimatisation. We have to adopt a precautionary approach and be rested sufficiently by obtaining the best/longest sleep periods prior to our duties. We see many times that the duties do not match our best Circadian Phase and we may need to inform operations of any adjustments in our duties to ensure our alertness is adequate for those duties.

4) Workload;Covers multiple sectors combined in environments such as high terrain, winter operations where additional measures of de-icing and performance calculations that add to the equation. All have additional effects to the overall potential fatigue.

Whilst the above helps you on the line on a day to day basis, we are actively engaged with the DAC-L and management to highlight their responsibilities under the EASA regulations ORO.FTL.110 Operator responsibilities.

Fact is that the current FRM system in place has severe limitations, 87% of the pilots are not satisfied with the way FRM is applied and a crushing 90% feel that FRM is not effective in preventing excessive crew fatigue at Cargolux. Thus we urge everybody to apply a very high and professional standard in determining your capability to safely operate any flight. 

Maintaining a sleep log, or using the LEAF App, will assist you in making the professional decision. Also, do not forget to file a proactive Fatigue Report when asking for additional rest.

Please click here for additional guidance on how to write a proactive Fatigue Report. If you need further assistance don’t hesitate to get in touch with us at cvboard@alpl.lu.

Court Hearing – Rest requirements (Time Zone Compensation)
On 24 October the initial court-hearing took place in Luxembourg at the administrative court. Also present was a lawyer by the company, in spite of the fact that Cargolux is not even involved into this issue between individual pilots and the DAC-L. Our lawyer reiterated our key arguments that are supported by EASA’s Guidance Material where they state among others;

GM2 CS FTL.1.235(b)(3) Additional rest to compensate for time zone differences 
REST AFTER ROTATIONS WITH THREE OR MORE FLIGHT DUTY PERIODS 
For a rotation with three or more FDPs, the greatest time zone difference from the original reference time should be used to determine the minimum number of local nights of rest to compensate for time zone differences. If such a rotation includes time zones crossings in both directions, the calculation is based on the highest number of time zones crossed in any one FDP during the rotation.

To our surprise, the DAC-L legal counsel added an additional argument stating that this case should not have been brought to the Administrative Court but instead to the Labor Court. ALPL’s lawyer strongly opposed this by clearly stating that the DAC-L is an administrative body, and this is the only correct forum to obtain a clear judgment.

It is our feeling that this last-ditch argument only serves to delay the process of getting a true judgment either in Luxembourg or through the European Court system.

The court will come back with a decision within the next few months. In any case there is a high possibility of an appeal that will move up the issue to the next higher and final instance within Luxembourg.

Hotels
As the new year approaches, we are in the midst of many contract renewals. Whilst the aim is that we maintain the majority of the crew hotels that are suitable for our crew rest needs, we have advised the company of the hotels that fall well short of these requirements.  Quality crew rest is a vital part of our safety loop in demanding schedules of non-circadian planning that appear in our rosters. It is also a FSAG recommendation that the hotels remain at a high quality.

However, the company has an internal procedure to request for tenders when hotel contracts are coming up for renewal. This creates additional work for the Hotel Committee to ensure that when tenders are sent to various hotels, they meet the minimum standards of the Hotel Policy. There are a few hotels that are now under review and we will provide you an update soon.

We do request when you have any issues at hotels to please write a Voyage Report via the iQSMS application, attaching photos if needed. The application then sends you a copy which you can forward to cvhotels@alpl.lu. Without any reports we are not able to present the facts of the deficiencies in the hotels to improve them and even to change them.

We are also currently looking for one or two members who would be willing to join and strengthen ALPL Hotel Committee and who are self-motivated, enthusiastic and dedicated to ensuring this vital part of our CWA is not forgotten. If you are interested please do not hesitate to send an email to cvhotels@alpl.lu.

Crew Positioning Travel
We keep receiving reports that when you are booked to position on commercial flights many of you notice that it is not as per the CWA. A letter was sent from the CEO to the LCGB earlier this year confirming the CWA text. Human Resources forwarded this document to various departments and we have asked that they once again remind them of the CWA and the attached letter.

In the meantime, please also review the “Know your CWA”series regarding positioning travel, where you can find further information about what you can do, if you think the CWA is not respected.

Social Media
It came to our attention that Flight Operations Management monitors pilot’s social media posts. While many of us use social media for it’s convenience we would like to urge you to be mindful what you post online and with who you share the information. Make yourself familiar with the appropriate privacy settings and use them accordingly.