Dirk Becker No Comments

Members Update March 2017

Please find below some important information in regards to Fatigue Reports, Delegation, EASA FTL and FFOD.

Fatigue Reports
In the past we have frequently emphasised the importance of filing fatigue reports. The functioning of several safeguards within the newly introduced EU flight time limitations, such as validating mathematical fatigue models and avoiding the rostering of red-flag flights, heavily depends on constant feedback by the pilot community.

In the recent FSAG meeting the two pilot representatives agreed with the analysis conducted by the safety department based on the fatigue reports that all of you have submitted. These results are now being communicated at the recurrent ground school and we are waiting for the flight operations department to act on the recommendations to mitigate fatigue in these hotspots.

We would like to highlight again, that any review process of rotations or FDPs by the responsible departments is evidence based only. This means that any “bar talk in Baku” will not be sufficient. It needs the effort of every individual pilot to report fatigue related events to make it tangible and comprehensible.

Due to the significant increase of long duties involving double sector augmented crew operation and operating at the limits of night duties with a standard crew this aspect needs to be reiterated.

We ask you to use the iQSMS application or the LEAF application to submit reports, both are provided on your iPad. When entering the data please be as accurate and as complete as possible. Please click here for additional guidance.

Lately fatigue report closure notes come with the following additional, standardized text:

“Further we would like to remind you that if the fatigue you experienced impacted or could have potentially impacted your ability to perform your flight duties safely, it is according to OMA Chapter 11 Section 2 mandatory to submit an ASR. In doing so you help qualifying and quantifying severe cases of crew fatigue.”

Having to file an ASR on top of the FR in such a case is inconvenient but the issue is hoped to be fixed in the nearer future. In the meantime, filing an ASR (a 72 hours deadline applies!) with reference to the FR code in question (the one to be found in the iQSMS reception confirmation email that is generated shortly after sending the FR) and a brief remark as regards to the “reportable occurrence” character of said FR will be sufficient.

Furthermore, if you are not able to perform a duty due to actual or potential fatigue, please respect OM-A, Chapter 6, Section 1, Crew Health Precautions1, report unfit to fly and write a fatigue report!

1“Crewmembers shall not perform duties on an aircraft:

  • When under the influence of psychoactive substances or alcohol or when unfitdue to   injury, fatigue, medication, sickness or other similar causes; 
  • If applicable medical requirements are not fulfilled;
  • if he is in any doubt of being able to accomplish his assigned duties;
  • if he knows or suspects that he is suffering from fatigue.
Many of you have asked how as an individual can we predict when we may be fatigued in any upcoming duty or series of duties. In the enclosed text we provide you with additional guidance that can be downloaded.

Delegation
The continuous delay of the outgoing delegation president, David Massaro, to convene the new delegation is highlighting further the lack of enforceability of laws in Luxembourg. The rights of all employees are weakened when individuals such as David Massaro and the OGB-L interpret the laws to overrule the highest court.

The ALPL delegates of the 2013 elections submitted a request in mid-March for a court referee to intervene to have the outgoing president convene the elected delegates. The initial hearing was set for 23 March where it was no surprise that David Massaro’s legal council asked for a delay. The presiding judge reconvened this hearing to the 29 March after ALPL’s legal council refused to accept the delay.

On 29 March David Massaro and his legal council did not appear for the hearing. Our lawyer was able to explain the situation restating that the judge intervenes and enforces the highest court ruling that the elected delegation of 2013 be convened. Failing that David Massaro ignores this as well, the court then appoints an external person to fulfil this function. The next hearing is scheduled on 5 April 2017.

EASA FTL
Together with our lawyers and the ECA we were able to finalize all the necessary documents to initiate the process, that might result in a law-suit against the Luxembourgish national civil aviation authority DAC. Part of these legal proceedings in administrative court is an arbitration procedure that gives the DAC the possibility to reconsider their interpretation of the disputed clause.

As communicated in previous members updates in our view the concerns brought forward have not been adequately addressed by the authority and the correct interpretation and application of CS FTL.1.235(b)(3)(i) ”Minimum local nights of rest at home base to compensate for time zone differences” will potentially be dealt with in court.

A second document dealing with the back to back operation will follow shortly. After a careful analysis of the law it is our opinion that the way Cargolux applies the EASA back to back provision is not in accordance with mandatory safety rules.

Even in other areas where the DAC openly admits a faulty implementation of the applicable legislation by Cargolux (e.g.: delayed reporting at outstations) the DAC as the responsible oversight authority has in our opinion not kept abreast of Cargolux to apply the regulation correctly. Since this results in rolling delays at outstations and thus in an increase of a already high fatigue level we are monitoring this situation closely as well and are ready to act if necessary.

However, to be realistic we have to manage our expectations. The legal process in Luxembourg is lengthy and slow-paced. The latest legal proceedings regarding the delegation-elections have shown that obtaining a victory in court does not always solve the problem, since Luxembourg apparently lacks the means of enforcing court decisions. Litigation is just one tool in order to achieve our aims on the long run.

FFOD
Although the immobilization of FOD according to the principle agreement in the CWA 37.1.3.c was introduced in roster period 1, there is still no overall agreement between Crew Planning Department/Flight Ops Management and the Pilot Representatives on the final text for the procedure document.

The purpose of this document is to define the immobilization system in more detail, to establish a review procedure and to regulate some special crew planning cases (e.g. part time). The transparent and fully automatic “two group” system offered by ALPL already in 2016 was not agreed by crew planning department, due to their demand to have the sole decision when an FOD becomes an FFOD.

The talks are presently circulating around the attempt to find a solution to monitor the correct application of at least the required CWA principles (5 instances during the first 10 roster periods and equal distribution within the respective pilot group per roster). The next JCSC meeting is planned for the 28 April.

As we come to the end of this month’s update, we are sure that you are seeing a trend that having elements such as application of our CWA and FTL’s are not being respected. We once again ask our members to remain vigilant and not take things for granted.

We as your ALPL Board are working hard to find the best way to enforce our rights and thank you for supporting our guidance.

Dirk Becker No Comments

Cargolux China – Survey

With a political will, the remaining 10% shares apparently have been finalized and therefore Cargolux China (CVC) will most likely start operations in the first quarter of 2018.

In the last quarter of 2016 we had an issue with a Direct Entry Captain being hired through a pilot contracting company who has been earmarked for CVC. After several meetings, an agreement was reached while we understand the direction of CVC.

In these meetings, we highlighted that the requirements for direct entry captains with no long haul or heavy aircraft experience may be problematic for the Chinese National Authority (CAAC). The regulations in China are a mirror of the FAA regulations. Taking this into account, we see that many of the First Officers currently employed at CV Luxembourg would qualify to be trained and operate as captains at CVC.

As we approach the commencement of CVC we wish to have a clear picture of how many pilots (Captains and First Officers) currently employed at Cargolux Luxembourg (CV) would like to apply for a position at CVC.

As the ALPL, our principles remain the same, that a strict order of seniority would be used to ask who wishes to go on these contracts.

From our understanding, the following principles would also be a requirement from management.

  • Accept a contract for three years
  • A commutable contract where the duty commences from Luxembourg to deadhead to CGO and on completion of the duties, deadhead back to Luxembourg where the duties are completed.

We also attached the offer that has been communicated for direct entry captains and first officers for your reference. This is only a reference and may not reflect the real final contract.

If you are interested, please fill in the survey. Although we require your names, we would like to assure you that this specific data will remain confidential when negotiating with management.


Please bear in mind that we as your board neither support or condemn the commencement of the China operation, since the launch of this subsidiary is a decision that receives a lot of political support in Luxembourg. It is beyond our influence to challenge business decisions.  We acknowledge the fact that the project will go ahead and consequently try to represent the interest of our members who will be affected by this decision, making sure that any possible subsidiary will not be used to further erode our working conditions in Luxembourg.

Dirk Becker No Comments

ALPL Cargolux Divisional Assembly 2017

This is a short notice that the Cargolux Divisional Assembly 2017 will be held on:

Tuesday, 25 April 2017

We kindly ask you to save this date, as important topics affecting every member in the future will be on the agenda.

After the regular two-year term a new Cargolux Divisional Board will be elected at this assembly. If you are willing to represent the interests of the pilots in the future please download and complete this form and mail it back to cvboard@alpl.lu.

A detailed agenda including additional information will be sent together with the invitation in due time.

Due to the election and also because of the general situation in Cargolux we hope to see as many members as possible at the meeting. Please save this date and consider it when placing your bid for the next bidding period, which closes on Monday, 20 March 2017, midnight local time Luxembourg.

Dirk Becker No Comments

Letting the guard down?

In the last two editions of Debrief we provided you with some interesting aspects regarding the delegation election and why the president of the previous delegation potentially does not convene those delegates elected in 2013 for their first meeting.

Mr Massaro until now does not provide the real underlying reason why he does not invite the delegates for their first meeting. Instead he is hiding behind his (and most certainly the OGB-L’s) interpretation of the legal texts. There may be very personal reasons for not obeying the law, like losing a position, but there may also be other, more far reaching ones. Reasons, which may affect all of us.

We cannot nor do we say that these are indeed the underlying reasons but other parties involved, which possibly includes management or even the shareholders, may potentially have an interest in the composition of the staff delegation as well. As explained, the composition of the staff delegation plays a vital role, e.g. if a social plan would have to be negotiated or if management would intend to apply Art. 1.3 of the CWA seeking amendments of the same.

In the recent past, we have seen that the composition of the delegation was used by management in the last CWA negotiations to their advantage. Based on this recent experience it must be considered that any management would do the same again. Interesting in this context is the following email by the EVP Human Resources, Legal Affairs & Compliance. It is up to you to form your own opinion, why the EVP intervenes, why the CEO is copied in and why the EVP asks for patience until the not uncertain uncertainties have been clarified:

We leave it up to you to judge for yourself, if it could not be in the interest of management to delay the first meeting of the delegation elected in 2013 considering rumours spread by an employee working for the Cargolux China joint venture project team, regarding a reduction in fleet size. Such a fleet reduction may require a social plan, with all its consequences including applying Art. 1.3 of the CWA.

Dirk Becker No Comments

ALPL Debrief Special 2/2017

To answer some of the many questions your ALPL Board received after the last edition of “Debrief”, in which important items such as the future of the company were addressed, we decided to to produce a special edition providing answers to some of these questions.

Dirk Becker No Comments

Members Update January 2017

We hope you had a pleasant festive season and a good start into 2017. 2016 kept us quite busy and we don’t expect 2017 to be any different. Please find below an update on a few things.

Diversion into VIE
As many of you have heard already, a Cargolux flight on the way to DWC had to divert to VIE due to a medical emergency. The Captain of the flight had to be brought to the hospital and we are glad that he is on the road to recovery. Get well soon!
We would also like to highlight the performance of the First Officer, who landed the aircraft safely in VIE to provide for the medical support necessary. Well done!

Liberate Delegate
After maintaining a permanent office position for the delegation in 2016, George Karambilas will vacate this position and return to flying duties in January 2017.

With the change of the labor law early 2016 each union could nominate a liberated delegate. George was willing to take up the job and we are thankful that he did. By doing so he was able to take over quite some work from the rest of us and being in the office facilitated our communication with management.

Unfortunately, it was impossible to find and agreement with management, whereby a pilot would maintain his minimum recency requirements and not to discriminate a pilot’s contract terms and conditions, whilst willing to take up the position as a liberated delegate. The 40 hours per week will now be distributed to all delegates and the pilots will now share only 16 hours per week

EASA FCL
The ALPL has received some inquiries regarding the possibility of retaining a non-Luxembourg EASA FCL. In some cases, this might be necessary in order to retain certain non-convertible privileges or endorsements; in other cases it is just personal preference.

The legal framework regarding this issue is clear; any requirement to obtain a Luxembourgish issued EASA FCL is against certain EU laws and therefore void – this  has been decided already some time ago by the EU court.

In this context, we would like to point out that also CWA Art. B1-42.2 clearly constitutes the possibility to retain any national pilots license. So far, the Company has honored this regulation and has provided reasonable support. However, the restriction of reimbursement stipulated in the CWA is not backed by the EU legislator and therefore could be challenged if desired.

Should you encounter any difficulties or have any problems renewing your national license, please let us know. If desired and needed, we then can help.