Cargolux

On 5 July 2018 the second CWA negotiation meeting took place. Present on the table were both Unions and Management as well as an external consultant for labour law issues, hired by the company.

A common list of claims from both Unions was presented to Management and discussed in detail. Although agreed previously, no list of claims was presented by Management yet.

The first impression of the negotiation team was that Management was not ready for efficient negotiations. Therefore we insisted to set future negotiation dates. The next meetings are scheduled on 26 and 31 July 2018, 8 hours each.

Please click here to view the letter and combined claims catalogue that was sent to Management by the Unions.

If you have further questions feel free to contact your negotiation team and ALPL Board at cvboard@alpl.lu.

On 13 June 2018 the first meeting for a new CWA took place. Members of the LCGB negotiating team as well as from the OGBL attended this meeting. The company was represented by Richard Forson, CEO, Maxim Straus, CFO and Emese Bekessy, EVP HR, Legal Affairs and Compliance. During this meeting no negotiations took place, but management rather, as foreseen in Luxembourgish law, gave a broad overview of the present economic situation of Cargolux.

There will be an inter-syndical meeting between representatives of the LCGB and the OGBL with the aim to coordinate the strategy and to present a common claims list. Also, it was agreed that the claims catalogue will be handed over in the near future and a subsequent meeting was scheduled for 5 July.

Please click here to have a look at the LCGB negotiation team.

We will of course continue to inform you about the content and progress of the negotiations.

We still are receiving reports from our members about issues with crew hotels at certain stations. The problems encountered remain the same; the company unilaterally changes contracts with hotels while completely bypassing the Hotel Committee.

Several times members reported that they were camped out in airport hotels, unable to get a decent uninterrupted preflight rest due to high noise levels or inadequate services (i.e. no possibility of room-service during night time). In some instances, crews were even refused a room after a flight delay.

In the past we brought the subject to the attention of the CEO, who pledged to resolve these problems, but it seems that nothing has changed yet.

Be aware that flight safety must not be compromised at any stage by such grievances! Therefore, we would like to remind everybody that reporting for duty well rested is the obligation of each crewmember. Please refer to OM-A, Chapter 6, Section 1 for more detailed information. 

If a pilot is unable to obtain sufficient preflight rest it is his or her responsibility to put in place fatigue mitigating measures, that may include but are not limited to:

• Delaying the flight to a later departure time to obtain sufficient rest
• If necessary, in coordination with Crew Control, change accommodation to a quieter neighborhood that offers adequate facilities such as window blinds and late-night room service
• If the crewmember has to use the company credit card it is necessary to file a Voyage Report on top of the mandatory Fatigue Report.

Should you require some additional rest in order to be fit for your next duty or series of duties, please notify Crew Control, Dispatch and the local station about your decision. Also file a proactive Fatigue Report and Air Safety Report if needed! Click here for additional guidance on how to write a proactive Fatigue Report.

We also ask you to forward these reports to the Hotel Committee at cvhotels@alpl.lu. Remember, if you are unsure how to proceed, do not hesitate to contact your ALPL Board for assistance at cvboard@alpl.lu.  

In the meanwhile, we continue trying to resolve these issues. 

In 2017 we sent you numerous emails containing information to allow you to better understand your CWA. This “Know your CWA” series was first introduced and published in 2014, updated in 2017 and very well accepted by our members.

Based on the feedback we received, we compiled all the information into one single document. This PDF document provides quick access to all the information needed, should questions regarding the correct application of the CWA arise.

The CWA, being part of the individual work contract, is the document which outlines the employment relation between the employee – you – and the company. In other words; the CWA defines rights and obligations of both parties; the company on one side and the employee on the other side. The CWA is a legally binding document!

Please click here or on the image below to download your copy of the “Know your CWA” Quick Reference Guide for your perusal and future reference.

If you have any questions do not hesitate to contact us at cvboard@alpl.lu for clarification.

We have been informed by the Accountable Manager and EVP Maintenance and Engineering, that there will be an aircraft swap between Cargolux (CLX) and Cargolux Italia (ICV) in the near future. LX-OCV will be transferred from ICV back to CLX, whereas LX-SCV will be moved to ICV. We will continue to carefully monitor what is going on in Italy and keep you posted.

As communicated to you already in earlier updates, fatigue warnings, being received from crew control, are based on a mathematical model and trigger when the calculated alertness level exceed a predefined score. In fact, the actual alertness level could be higher or lower, depending on the real condition of the individual.

Statements made in the past in the “Boxed Items” flight safety publication that any pilot who received a fatigue warning by crew control and who operates a flight in spite of a previous fatigue warning will not face any “punishable action in case an incident or accident occurs after crew control has warned of potential fatigue” cannot remain uncommented from our side.

In fact, such statements create misunderstandings in the chain of responsibilities and underestimate any possible legal liability and accountability in case of an incident or accident.

To make it clear – 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.

These considerations only take into account aspects from EASA FTL regulations. Legal implications of civil or even criminal nature after a possible accident or incident where somebody could personally be held liable were discussed in earlier publications.

Therefore, in case you received a fatigue warning, we strongly suggest to apply a very high and professional standard determining your capability to safely operate any subsequent flight. Please remember that you possibly might face a situation where you have to justify your decisions.

As we have indicated in the past, 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.

Forgotten Passport

As many of you have already learned, one of our colleagues got into trouble for unintentionally leaving behind his passport on his way to China. We would like to give you a brief update on the facts and latest developments of this case, since all of us could face a similar situation someday.

After trying to enter China without his passport the pilot was not admitted into the country and consequently -in lieu of a fine- was deported. A monetary fine was not issued against this colleague, but rather against the company which had to pay approximately 900.- Euros. Management then tried to pass on this fine to the pilot concerned, arguing that this was not a disciplinary issue but rather the attempt to obtain a monetary compensation.

On request by the pilot concerned, pilot representatives got involved into the case and tried to communicate to all parties with the aim to find a solution. This process is ongoing and once we have obtained a position from management we will communicate this to the individual pilot and to you the members.

Additionally, we would like to point out that any pilot who is facing similar issues should refrain from going public. Public discussions might not help to bring the case to a satisfactory outcome.

On 27 April 2018 the LCGB sent an official letter to Cargolux management with the request to officially engage in negotiations for an adjusted Collective Work Agreement (CWA). An invitation to the OGBL was extended already in early April to sign a joint request to enter in negotiations. Unfortunately, the OGBL did not reply to this request.

With a net profit of US$122,3 million – which includes an operating profit of more than US$220 million – and a record breaking production of more than 1 million block hours, 2017 has been the best year in the company’s 48 years history! After many years of ups-and-downs in the international airfreight business and with the present CWA expiring after 30 November 2018, the LCGB firmly believes, after consulting its members, that it is in the best interest of the staff and the company to engage in negotiations for a new CWA sooner than later.

In the interest of all parties involved, proven rules and achievements from the past must be reinstated. These include but are not limited to an attractive remuneration scheme, which considers the cost of living in Luxembourg, a scheme that honours the experience and dedication of Cargolux pilots as well as the reintroduction of effective measures to reduce work related fatigue levels to a sustainable reasonable one.

Our claims are based on the survey conducted in early 2017, which provided us with a clear understanding of the needs of the Cargolux pilot community. These claims will be compiled in a list, which will be made available to you in due time.

It is now up to Cargolux management to accept this request and schedule an initial meeting with the unions to engage in earnest negotiation for a renewed CWA. It will be interesting to see, if management is willing to start negotiations with the same enthusiasm we have seen when the record result was announced.

As expected and announced on Wednesday 25 April 2018, 2017 was a record year and we would like to congratulate everybody for their dedicated commitment to Cargolux.

Today we see a booming economy after 9 years of uncertainty mainly caused by the economic crash in late 2008. Additional pressure that we as employees have experienced during this period was the antitrust proceedings against many cargo airlines including Cargolux. These two issues have had enormous effects on our business and appeared at a time where Cargolux committed to re-equip most of our fleet of B747-400F with B747-8F.

The above items were well outside the control or authority of the employees, yet we feel, that as employees we have been penalized throughout this period with constant negotiations to cut cost. We also see that staff numbers are inadequate to enable us to support the business plan, causing CWA non-compliances and planned overtime.

Despite numerous announcements to significantly increase staffing levels, an adequate expansion did not take place. With pilots working to the maximum extend of what is legally possible, this has resulted in an all-time high workload and fatigue levels. The current employment conditions for new pilots are no longer competitive and problems arising from continuous high workloads and fatiguing work schedules are deterring prospective candidates normally interested in applying. At the same time, we see a number of qualified colleagues leaving, to an extend, that has never been the case before at Cargolux.

In the interest of all parties involved, proven rules and achievements from the past must be reinstated. These include but are not limited to an attractive remuneration scheme, which considers the cost of living in Luxembourg, a scheme that honors the experience and dedication of Cargolux pilots as well as the reintroduction of effective measures to reduce work- and fatigue levels to a durably reasonable one.

The LCGB will hence soon send a letter to Cargolux management with the request to officially start negotiations for an adjusted CWA that comprises all relevant claims of Cargolux employees.