5.11.18 – (LAA) – Illegal Through No Fault

Illegal Through No Fault – LAA

Part of the new pay protection rules that recently went into effect for LAA is the Illegal Through No Fault section of the JCBA. Illegal Through No Fault can be attributed to a delay, cancellation, or reschedule during a sequence that causes you to become contractually or FAR illegal.

There are the three types of Illegal Through No Fault situations:

FAR Illegal
Direct Conflict
Contractually Illegal

FAR Illegal

It is important to remember that FAR rest is measured between your release/debrief from one duty period and report/sign-in (pure rest) for the next. If you have less than FAR legal rest and you agree to split back on your trip at the point you become FAR legal, you will be pay protected for the entire trip. If it’s impractical or not possible for Crew Scheduling to split you back on your trip, you will be pay protected for the entire trip. If you do not agree to the split, you will be pay protected for all hours and rigs that apply until the point you could have split onto the trip.

Before Report: Illegal to Originate Next Trip – Section 10.K.1.

Example: You have back-to-back sequences. Your first sequence arrives late, and you become FAR Illegal to originate your next sequence. Your second sequence passes through base mid-trip. You have the option to be split back on and be pay protected for the entire trip. If you decline to split back onto the sequence, you will be pay protected up until you could have legally been split back onto the trip, including any rigs.

Example: You have two sequences. Your first sequence is Mon-Tue and your second sequence is Wed-Thu. Due to a cancellation, your first sequence now releases on Tuesday at 2330. You become FAR Illegal to originate your second sequence which reports at 0700 on Wednesday. If possible, you may rejoin your trip with full trip pay protection. If rejoining your trip is not possible or practical, you would be pay protected for the full sequence. If it is possible and practical to split back on and you choose to not rejoin trip, you will be pay protected up until the point you could have been split back on.

It is important to note:

1. If you are a Lineholder and you are FAR illegal to originate your trip, then you have the option to split back on the original sequence when legal.
2. If the sequence passes through your home base, Crew Scheduling may split you on at the earliest point when legal.
3. If the sequence does not pass through your home base, then you may be split back on at the point you become legal.  If Crew Scheduling determines it isn’t possible or it is impractical to split you back on, then you will be released.
4. If the last sequence originates within the last 5 days of the month, you will be removed from the entire sequence and not be required to split back onto the sequence.
5. If you are a Reserve flying on Days Off (an OR trip), then you are treated as a Lineholder for rescheduling purposes
6. If Crew Scheduling adds a conflicting reserve trip prior to the OR trip originating on days off, you may be split back onto the OR when the trip passes through home base or when you are legal. 

*** To receive pay protections under this section, the Flight Attendant must be FAR Illegal, a Lineholder, or a Reserve on a trip on Days Off.

Recently the Company has developed procedures for when a Flight Attendant will be notified and split back on to their next sequence when they become FAR illegal.

As communicated by the Company, if you become FAR illegal, crew scheduling will call you to advise you of the illegality and whether it is possible and practical to split you back on. You have the option of splitting on to your original sequence (at the point you become legal) and would be pay protected for the entire trip. 

If you choose to not split on to the trip, you will be pay protected for the portion of your sequence that you are illegal for up to the point you could have been split on. If it’s impractical to split you back on, you will be removed and pay protected for entire sequence.

We disagree with the Company that, absent first party contact from Crew Scheduling, they will make the assumption that the Flight Attendant wishes to rejoin their original sequence. The current practice has always required first party contact between the Flight Attendant and Crew Scheduling to establish whether the Flight Attendant would like to rejoin their original sequence.

We will continue to work to resolve this, but in the meantime, please review the Company communication related to this issue.

Before or After Report, Before Departure: Legal to Depart, Illegal to Complete Sequence – Section 10.K.2.

Example: You report for your sequence. Due to a mechanical, you are delayed 2.5 hours for your first flight of the day which will cause you to exceed your duty day limits. You originate your trip and, after completion of the second leg of your day, you pass through base and are removed from the remainder of the trip due to becoming illegal to complete the sequence.

If you remain legal for the origination of your sequence, but are projected to become illegal through no fault of your own to complete the sequence, you must originate the sequence and split off at the latest point it passes through your crew base and/or you remain legal. If the sequence does not pass through your crew base, prior to you becoming illegal, you must split off the sequence at a point prior to when you become illegal. You will be paid and credited for any portion(s) of the sequence flown by a substitute crew after the point you split off.

After Departure: Illegal to Complete Sequence – Section 10.K.3

Example: You report for your sequence and operate your first of three flights for the day. Your second flight of the day is now delayed for over 3 hours. You are still legal to operate your second flight without becoming illegal. However, you cannot work the third flight without becoming illegal, and you are not passing through your crew base. You are split off after completing your second flight and would deadhead back to base the same day or, if not legal, the following day.

If you become illegal to complete a sequence after origination, you will be split off at the latest point the sequence passes through your base and remain legal. If the sequence does not pass through your crew base prior to becoming illegal, you will be split off at the point of illegality. Either way, you will be pay protected for any portion(s) flown by a substitute crewmember after splitting off.

Direct Conflict 

Example: You have back-to-back sequences. Your first sequence credit equals 10:00 hours and your second sequence equals 15:00 hours, for a total of 25:00 hours of pay and credit. Due to a cancellation in your first sequence, it now overlaps into your second sequence.

The credit for your first sequence now equals 15:00 hours. Since pay protections are based on the combined original value of both scheduled trips, you will be pay protected only 10:00 hours for the second sequence. You are pay protected 25:00 hours for the original value of both trips.

Contractually Illegal

Example: You have back-to-back sequences. Your first sequence arrives late, and you become Contractually Illegal to originate your next sequence.

At your option, you contact Crew Scheduling to not waive below your contractual rest  (down to your FAR rest legalities). 

If your trip passes through your crew base, and you choose to split onto the trip, this will be considered a Flight Attendant split and you are not paid for any trip rigs or the daily average of 5 hours.  You will receive duty rigs and 3 hours minimum per day, except for the days you are splitting on or off the sequence.

Per procedures, if you are contractually illegal, it will be assumed by Crew Schedule that you are going to work your next trip. If you do not want to work your next trip, you need to contact Crew Schedule at the conclusion of your trip and let them know they need to remove you from the next trip.

In Unity,

The APFA JSIC

Alin Boswell
Julie Hedrick
Linda Haertling
Vicki Balistreri