Cargolux

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.

After having joined the ALPL Cargolux Divisional Board in 2013 and served as the Secretary, I accepted to take over the position as President of the Cargolux Division on 16 April 2018.

In fact this was already discussed after the election of the current Board back in April 2017. However, being lined up for my command training, I asked George Karambilas to temporarily fill this position until successful completion of my upgrade to Captain.

George will remain a member of the Divisional Board and I want to sincerely thank him for his dedicated work, shared knowledge and experience. In addition, George will continue his work as President of the Cargolux Staff Delegation.

I am also pleased that Bernhard Novak, member of the Board since 2014, agreed to take up the role as the new Secretary of the Cargolux Division.

Together with the other members of the Board we will continue to represent your interests and tackle upcoming challenges supported by you – our members!

On behalf of your ALPL Board

Michael Kaiser
President Cargolux Divisional Board

By analyzing the feedback from our members during the last couple of months as well as through our own experience, we came to the conclusion, that the major problems regarding our CWA can be summarized in two areas:

• The lack of protection within the CWA against the inconsistent application of the EASA FTLs within our operation and
• Non-compliance of CWA rules by management.

Lack of protection
The responsibility for a safe flight operation has shifted dramatically towards the individual pilots, who find themselves more and more in a situation, where they are forced to choose between two serious decisions:

• Either asking for additional rest and therefore delaying the flight or
• Performing the FDP with an uncertain feeling of running into a fatigue issue at a later stage during the flight.

Furthermore, it has become a necessity for pilots to meticulously check their rosters for legality and CWA compliance when acknowledging a change in the PBS. The resulting request to crew control for legalizing the roster is frequently answered with the unsatisfactory appeasement that the roster will be changed again at a later stage.

The following points highlight the alarming development of the shift to a more unilateral responsibility of crew members:

1. Certain recommendations from the Air Safety Department not being implemented
2. Long double sector duties combined with minimum rest
3. Back-to-back misused as a standby system
4. Misinterpretation of the Time Zone Compensation table
5. Incorrect application of the Delayed Reporting Procedure
6. Legal limits used as planning targets

Non-Compliance
The board has identified several points where our current CWA is not respected:

1. Ignoring the Roster Publication limit in the daily operation
2. Rostering into CODs and VAC without even prior consulting the pilot
3. Not respecting the combined positioning after FDP limit of 16/18 hours
4. Excluding the hotel committee in the hotel selection process
5. Booking to position on economy class while business class is available

In one instance during the high season, one crew controller even openly admitted, that the CWA conditions cannot be granted for the time being. We wonder whether this has ever changed?

The ALPL Board together with the Delegation has tried hard to achieve an improvement of the current situation by formally writing about these grievances to management, the DAC as well as by starting court cases. Individual results should not obscure the fact that the existing CWA can hardly cope with the safety threats from the EASA FTLs and definitely not when being constantly disrespected by management.

We need a CWA which enhances safety by creating adequate buffer to the EASA FTL limits and to assure that the regulations will be respected at any time. In addition, we need enforcement of the current and future CWAs to protect us from ‘planned overtime’ imposing us to fly on Off and Vacation Days.

Now, the above mentioned is only a portion of required improvements, which have been identified by our CWA survey in 2017 for the upcoming negotiations.

One thing that is important and cannot be emphasized enough is the certainty that nothing is for granted!

The current positive market environment and potential record breaking results by the company must not hide the fact that negotiations will be tough and each and everyone of us has to be ready and willing to fight and participate to achieve a good outcome!

We ask you to be ready to remain united in the near future not only to uphold your rights but also to fight for improvements!