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Old 12-27-2012, 06:37 PM
  #118761  
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Originally Posted by INAV8OR
Contract reserve question. On call for eight days. Day one lc. Day 2,3,4, and 5 four day trip, then 24 hrs rest. I check my schedule on the bus to the lot, no changes. I figured I was free from duty for 24 hours, then on LC, because I wasn't assigned anything. 9 pm, we have a two day trip followed by rest, can they do that? Or was I supposed to be off for a minimum of 36 hours?
Having been through some of these, here is my understanding. If when you checked your schedule following the 4-day, there was nothing assigned, then yes you will be on LC at the end of the 24 hour break. They are not allowed to make a change during the 24 hour break that sends you back to work immediately following the 24 hour break. They have to post any assignment for trip/SC that begins before 34 (SC can start with 10 hour notice) hours from release so you see it on that schedule check. Call the ALPA office and ask for a scheduling person.
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Old 12-27-2012, 06:46 PM
  #118762  
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Originally Posted by UncleSam
Having been through some of these, here is my understanding. If when you checked your schedule following the 4-day, there was nothing assigned, then yes you will be on LC at the end of the 24 hour break. They are not allowed to make a change during the 24 hour break that sends you back to work immediately following the 24 hour break. They have to post any assignment for trip/SC that begins before 34 (SC can start with 10 hour notice) hours from release so you see it on that schedule check. Call the ALPA office and ask for a scheduling person.
This is wrong, don't get whitlow rules confused with basic FAR rules. Call ALPA if you have questions.
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Old 12-27-2012, 06:56 PM
  #118763  
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Originally Posted by UncleSam
Having been through some of these, here is my understanding. If when you checked your schedule following the 4-day, there was nothing assigned, then yes you will be on LC at the end of the 24 hour break. They are not allowed to make a change during the 24 hour break that sends you back to work immediately following the 24 hour break. They have to post any assignment for trip/SC that begins before 34 (SC can start with 10 hour notice) hours from release so you see it on that schedule check. Call the ALPA office and ask for a scheduling person.
That's good advice. I entirely recommend no-showing your trip tomorrow. I'm sure they won't mind at all.
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Old 12-27-2012, 06:57 PM
  #118764  
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Originally Posted by sailingfun

This is wrong, don't get whitlow rules confused with basic FAR rules. Call ALPA if you have questions.
What's the difference? The Whitlow rules are a legally binding interpretation of the FARs. Just curious.
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Old 12-27-2012, 07:35 PM
  #118765  
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"Hey, if we don't take off here soon I'm going to duty out."

"Says who?"

"Well, it's the Whitlow rule."

"Who is Whitlow?"
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Old 12-27-2012, 07:56 PM
  #118766  
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Originally Posted by forgot to bid
"Hey, if we don't take off here soon I'm going to duty out."

"Says who?"

"Well, it's the Whitlow rule."

"Who is Whitlow?"
That's Deputy Chief Counsel Whitlow to you braahh.
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Old 12-28-2012, 05:08 AM
  #118767  
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Originally Posted by SailorJerry
What's the difference? The Whitlow rules are a legally binding interpretation of the FARs. Just curious.
Whitlow is a special rule concerning what is rest. Whitlow rest is not the same as rest that might be required for 24 and 7 as a example. Also most flight time rules are soft limits. Whitlow is a hard limit. Just because you get off the gate in time does not make you Whitlow legal as with some other limits. Contractual rest and whitlow rest are also different. If you are on shortcall your whitlow rest clock is ticking however being on shortcall has no effect on contractual duty day until you actually report for a trip.
All this changes next Dec so get ready to learn it all over again!
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Old 12-28-2012, 07:26 AM
  #118768  
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Originally Posted by sailingfun
This is wrong, don't get whitlow rules confused with basic FAR rules. Call ALPA if you have questions.
Look guys, both Sailing & Jerry. Maybe I misunderstood the rest issue. This is a very complex issue. No need to be so "in your face." Here is a copy of an email I received from SL (scheduling chair) when I had this issue. It involves rest that is designated 24 hour rest due to the 8 day stretch.

"The only way they can assign you something that starts immediately after your rest is if you were notified of that prior to entering said rest. If you do not have such notification, then the earliest they can give you an assignment would be five hours after rest ends if the assignment was placed on your line prior nine hours before rest ends or 10 hours for SC/12 hours for a rotation if placed after the nine hour point. They can call you all they want during rest and you have absolutely no obligation to answer the phone. Your acknowledgement of an assignment would be three hours before report or two hours before a SC start."

It is treated like an x-day that starts at a different time. I was wrong on how soon the trip can start. A major point is that you don't have to respond until after the rest, but that may only give you 5 hours to report. I never said or implied that the pilot should no-show the trip.
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Old 12-28-2012, 07:51 AM
  #118769  
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Originally Posted by UncleSam
Look guys, both Sailing & Jerry. Maybe I misunderstood the rest issue. This is a very complex issue. No need to be so "in your face." Here is a copy of an email I received from SL (scheduling chair) when I had this issue. It involves rest that is designated 24 hour rest due to the 8 day stretch.

"The only way they can assign you something that starts immediately after your rest is if you were notified of that prior to entering said rest. If you do not have such notification, then the earliest they can give you an assignment would be five hours after rest ends if the assignment was placed on your line prior nine hours before rest ends or 10 hours for SC/12 hours for a rotation if placed after the nine hour point. They can call you all they want during rest and you have absolutely no obligation to answer the phone. Your acknowledgement of an assignment would be three hours before report or two hours before a SC start."

It is treated like an x-day that starts at a different time. I was wrong on how soon the trip can start. A major point is that you don't have to respond until after the rest, but that may only give you 5 hours to report. I never said or implied that the pilot should no-show the trip.
It's not complex. It's just not explained well because ALPA refuses to give bad news when they disagree with something. The comment about no showing the trip was tongue in cheek and wasn't directed at you. It's my standard answer when someone asks me about this. The length of that email is unnecessary though and lends too much credence to the argument that you're interrupting rest by dealing with a schedule check. All you have to say is "it's an X day. Treat it as such."

It's just an incredibly frustrating issue because its a high point of risk for RES pilots, it typically doesn't allow for what would be considered a 24 hour break for a commuter, and the 24 hour breaks are typically placed at what seems like the maximum inconvenience for the pilot. When the bid packages changed to allow the FAR illegal RES bids for the domestic fleets, the ground rules should have been made a bit more clear. That way everyone on RES wouldn't be having this problem - and I assure you it's a common problem.
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Old 12-28-2012, 11:50 AM
  #118770  
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FWIW, the other thing about rest is that there must be "constructive notification". You MUST be informed that a period is rest, BEFORE the period actually starts. No looking back, after the fact, and saying "oh, well, we didn't
use you for 24 hours, so there's your day off".

Rest and duty limits, up until now, have been pseudo soft. Legal to start, legal to finish, with some exceptions. The Whitlow interpretation changed that somewhat, especially on the application to reserves ("how can it be rest if I have to answer the phone?").

The NEW rest and duty rules will be MUCH harder limits, and will be a bear to track for the line guy. Lets hope they "have an app for that".

Nu
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