• 24/7 Legality Issues and NFL Days Questions and Answers
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24/7 Legality Issues and NFL Days

On September 12, 2006 the FAA informed the Company that it was not in compliance with FAR 121.467(b)(13) - 24 hour rest in a seven-day period. Specifically the FAA instructed the Company that Reserves cannot be on call, flying or any combination of the two without having 24 consecutive hours free from "all duty" within a seven calendar days period. The FAA interpretation has caused several problems that both the Company and the Union are in process of addressing. As a result of the interpretation, month-to-month transition conflicts that create a period of more than six days on duty required a procedure to resolve the conflict. The initial approach was to insert an NFL day anywhere within the conflict period, even if otherwise legal. Furthermore, no flying activity could take place on the NFL day.

After much discussion between the company and the AFA, Crew Scheduling will be adopting a new procedure for the scheduling of NFL (Not FAR Legal) days effective for the October/November transition period. NFL days are RSV days free from duty. They are used to resolve month to month conflicts for RSV's scheduled to be on duty and/or on call for more than 6 consecutive days.

Previously, reserves were not permitted to fly over their scheduled NFL day. In addition, reserves were only able to split trips "in base" to avoid a conflict with their NFL day. Both of these practices will be changing. Reserves may elect to fly any trip in its entirety over or through their NFL day if they choose, provided the trip does not result in the flight attendant being on duty and/or on call for more than 6 consecutive days. The NFL day will then be rescheduled to the day after trip termination. Also, reserves may now split a trip for their NFL day just like trips are split for INV days; therefore the split does not have to be in domicile.

After reserve lines for the following month are awarded, crew scheduling will begin the process of contacting reserves who are on duty and/or on call for more than 6 consecutive days from one month to the next to schedule an NFL day. After the day is scheduled, flight attendants will be contacted as usual by future scheduling leading up to the NFL day. During this time, the reserve flight attendant may elect to take a trip in its entirety that flies over or through his or her NFL day, provided the trip does not put him or her on duty and/or on call for more than 6 consecutive days. Crew scheduling will then reschedule the NFL day for the day following the termination of the trip. The rescheduled NFL day will be treated in the same manner as the original NFL day. Reserves may also fly a trip that terminates prior to the NFL day or, if no such trips exist, may either ROC (Remain on Call) or split a trip for their NFL day.

When the reserve flight attendant reaches the day prior to his or her NFL day and requests to be contacted by future scheduling for trips that originate on that NFL day, he or she must contact future scheduling and indicate that he or she requests to be called at his or her LTO. This process will be identical to reserves making themselves available (AVV) on an OFF day. If the flight attendant does not contact crew scheduling, he or she will not be contacted or processed. The flight attendant can remain available with daily scheduling if he or she chooses during the NFL day. He or she will not be required to be on call, to respond to a call, to call in or to be in base during the NFL period, even if he or she has elected to be available. If the flight attendant does not pick up flying by the end of the day, daily scheduling will remove the AVV and the NFL day will remain intact, as the reserve was not required to remain available for the 24-hour period. If he or she does pick up flying originating on the NFL day, either from daily or future, the NFL day will be rescheduled for the day following termination of the trip.

Questions & Answers

(1) Q. Will crew scheduling automatically contact me for trips originating on my NFL day?
No. NFL days are considered days free from all duty, just like OFF and INV days. You will not be contacted or processed unless you call Crew Scheduling in advance and indicate you would like to be called.

(2) Q. Can I be assigned into my NFL day?
Yes, Crew Scheduling can assign you into your NFL day during normal assignment procedures as outlined in the Contract under Priority of Assignment, page 11-9. Basically, the NFL day will be treated as if you would be assigned into an OFF day unless the NFL day was the 7th day. Your NFL day will be restored to you if you are still illegal, and in no case can you be scheduled on duty more than 6 consecutive days, including the assigned trip.

(3) Q. Can I split a trip for an NFL day?
Yes. At the time of reserve processing if the only available pairing(s) conflict with an NFL day, Crew Scheduling will follow the same provisions as if it were an INV day.

(4) Q. Can I fly through my NFL day?
Yes. If your LTO reaches the point of receiving a trip and it happens to fly through the NFL day you may take such trip; however, you cannot be scheduled on duty and/or on call for more than 6 consecutive days, including the awarded/assigned trip. Your NFL day will be rescheduled to the day following the completion of such trip if you still require a 24-hour rest period free from all duty. The rescheduled NFL day will be treated in the same manner as the original NFL day.

(5) Q. Are there circumstances where my NFL day may be rescinded?
Yes. Keep in mind that NFL days are only awarded to resolve the 24/7 legality conflict. If that conflict is resolved through other means - for example, but not limited to, PER day or SCK day - then crew scheduling will remove the NFL day and notify you that you will be back on duty/on call for that day.

Note: The Company representative handling the call relating to, for example, a SCK or PER day would notify you that such event gave you 24 hours free from all duty; therefore, the scheduled NFL day was removed.

(6) Q. If scheduled for flight assignments for six days, can a Flight Attendant be required to attend training on the 7th day?
Pursuant to Section 21.G.4 - NO.

(7) Q. If scheduled on call or a combination of on call and flight assignments for 6 days can a Flight Attendant be assigned to training.
Yes. However, the Flight Attendant would have to be given a 24-hour period free from all duty after the completion of training.
Other solutions, at the F/A's option, would be to move the training day if another day is available, or to request the 24 hours free of duty prior to the training event.

(8) Q. Can a training day be awarded/assigned before being on duty for six days?
Yes, however, during such period an NFL day must be provided because looking back seven days from the last day of flying, a period of 24 hours free from all duty did not exist.

(9) Q. How soon after reserve lines are awarded will scheduling start awarding NFL days to resolve month to month conflicts (on duty 7 days or more)?
Immediately following the award of reserve lines, Crew Scheduling will begin to award NFL days to resolve month-to-month conflicts (on duty and/or on call 7 days or more). This process will continue until four days after the posting of the reserve line awards. The actual dates will be posted on the Flight Attendant Timeline Information Sheet and on the Flightline calendar. Crew Scheduling will contact all Flight Attendants who have been assigned NFL days.

If an unscheduled conflict occurs later in the month (on duty and/or on call 7 days or more), Crew Scheduling may assign an additional NFL day at that time.

(10) Q. If I have been scheduled for an NFL day and I am available the following day, will scheduling provide me a courtesy call?
Yes, the same procedures would apply as if the NFL day was an OFF or INV day preceding days on duty.

(11) Q. If I make myself available (AVV) to originate a trip on an NFL day, when Crew Scheduling calls, and I am no longer interested in flying a trip, am I required to answer the phone or respond to scheduling?
No, since you not considered on duty, you are under no obligation to contact or respond to Crew Scheduling. If you do answer the phone and don't wish to fly you are under no obligation to take the trip and the day will be marked NFL.

(12) Q. If the required 24 hours free from all duty was satisfied in domicile between trips, can I request that scheduling verify such rest and eliminate the NFL day?
Yes.
Note: Currently CATS does not detect, under all conditions, when a reserve has the 24 hours free from all duty from one flying event to another. However, in phase 3 of CATS the system will be programmed to detect such a legality trigger and the Scheduler will be flagged such information.

Further, to keep the record straight, the Flight Attendant Flight Time Limitations, which are governed by the FAA, allow the 24 hours free from all duty to be within a trip or between flying events when satisfying such rule. This provision was not given up now or during bankruptcy.

(13) Q. If I am on duty and/or on call (only for seven days) during a month to month conflict, and would like to have either the first or last day of such period as the scheduled NFL day, will Scheduling work with me to honor my request?
Yes, however this request would require Company consent based on the applicable current staffing levels and holiday periods.

(14) Q. Two days before and the day before my scheduled NFL day the only thing that is available to me in LTO is OPR-would I be required to accept OPR by the Crew Scheduler?
No. The NFL day is during the three days of availability required by Contract to sit OPR; however, at the flight attendant's option he/she may take such assignment. Keep in mind that Crew Scheduling may assign you into your NFL day during normal assignment procedures as outlined in the Contract under Priority of Assignment, page 11-9 since the NFL day will be treated as if you would be assigned into an OFF day.

(15) Q. What happens if I was originally scheduled for a pairing which contains the required 24 hours free from all duty in seven day (24/7); however, due to weather/mechanical such RON rest would fall below the required rest?
The Company has the following options when you will not be legal to complete such assigned/awarded trip:

1) In order to obtain the required 24 hours free from all duty the Company could choose to delay the departure following your rest in order to obtain the rest minimum.
2) The Company could replace you with another flight attendant. As a result of such replacement, you would be paid crew substitution pay.
3) The Company could deadhead you back to domicile without delaying the departure on the 7th day if adequate staffing was available. However, when you return to domicile you must be given 24 hours free from all duty to satisfy the FAR requirement.

(16) Q. Can I request a quick call assignment while on an NFL day?
Yes.

(17) Q. I am scheduled on reserve duty for six days in a row (without twenty-four hours free from all duty) and day seven is a scheduled OFF (non-inviolable) day. When Future Scheduling gets to me for my fifth day (Friday) the only trips available are three and four day trips plus OPR and "coverage is inadequate". At my option, can I split a trip for the OFF (non-inviolable) day?

Yes, in this case you can split for an OFF (non-inviolable) day. You are not legal to fly on day seven; therefore, you will be allowed (at your option) to split a trip when Scheduling gets to you during the first pass through Future reserve processing. Basically, you will be treated as if your OFF day is an INV day because you are not legal on day seven. Such split will be allowed when coverage is "adequate or inadequate". Select a pairing to split in domicile or in a domicile in the same time zone in the continental United States as your domicile or select a pairing to split in any station.

(18) Q. I am scheduled on reserve duty for six days in a row (without twenty-four hours free from all duty) and day seven is a scheduled OFF (non-inviolable) day. When Daily Scheduling gets to me on my fifth day (Friday) the only trip available to me are three or four day trips and "coverage is adequate". At my option, can I split such trip for the OFF (non-inviolable) day?

Yes, you can split for an OFF (non-inviolable) day in this case. You are not legal to fly on day seven; therefore, you will be allowed if coverage is "adequate or inadequate" (at your option) to split a trip when Daily Scheduling gets to you in Least Time Order. Select a pairing to split in domicile or in a domicile in the same time zone in the continental United States as your domicile or select a pairing to split in any station.

(19) Q. I am on reserve duty for five (5) days in a row (without twenty-four hours free from all duty) day six is a scheduled OFF (non-inviolable) followed by an INV. When Future Scheduling gets to me for Thursday the scheduler says the "Coverage is Inadequate" and the only trip available to me is a three day trip and OPR. At my option, can I split the trip for the OFF (non-inviolable) day when "Coverage is Inadequate"?

No, you can not split a trip in this case because you would be legal to take the three day trip. When "Coverage is Inadequate" you are not allowed to split a trip from Future reserve processing. Note: The same answer would apply for splitting a trip would apply to the above question if Daily Scheduling was calling with a trip and if the reserve had the same schedule.

(20) Q. I am on reserve duty for five (5) days in a row (without twenty-four hours free from all duty) day six and seven are scheduled INV days. When Future Scheduling gets to me for day three (Wednesday) the Scheduler says the "Coverage is Inadequate" and the only trips available to me are four days in length and OPR. Can I split a trip for the INV day when Coverage is inadequate? Further, is there any difference if the "Coverage is Adequate"?

Yes, you can split a trip because you are going into an INV day. During the first pass through reserve processing you are allowed to split (at your option) for an INV day. Scheduling can not assign you into your INV on day six; therefore, you can split a pairing in domicile or in a domicile that operates in the same time zone as the reserve's domicile in the continental United States. Or split a pairing in any station in continental United States or Canada. Note: When you want to split for INV days it does not matter if the coverage is "adequate or inadequate" the spilt procedures are the same.

(21) Q. Could the Trip Coverage Update recording reflect when a specific domicile is operating under "Inadequate Coverage"?
Yes, John Petronzi, Manager Flight Attendant Scheduling has agreed with AFA that advising reserves as far in advance as possible that processing is operating under "inadequate coverage conditions" could be beneficial. Therefore, he has advised the Shift Supervisors to ensure that such information is made available via the recording. Note: Such information will only be entered on the recording if the coverage is "inadequate"; therefore, assume that coverage is adequate unless you hear the inadequate message. Such recorded message does not eliminate the Scheduler's responsibility to advise you of the coverage status.

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AFA Local Numbers

Council 40 PIT 724-695-3329
Council 41 DCA 703-212-8090
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Council 70 PHL 215-492-0840
Council 82 LGA 315-736-3483
Council 89 CLT 704-527-0325

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