FAA To Drop New Interpretation Of Mechanic Rest Rule

[Overspeed]

PWA wanted 121.377 to be interpreted as one day off in every seven. After pressure from A4A and the TWU the FAA agreed that the new more restrictive interpretation was incorrect.


http://www.aviationweek.com/Article.aspx?id=/article-xml/awx_01_04_2013_p0-533543.xml&p=2#

 

[Ken MacTiernan]

PWA wanted 121.377 to be interpreted as one day off in every seven. After pressure from A4A and the TWU the FAA agreed that the new more restrictive interpretation was incorrect.


http://www.aviationw...533543.xml&p=2#

Hey Don,

Thanks for the link. I agree 100% with the Honorable John Goglia. Funny how the article mentions ARSA and not your twu.

 

[Overspeed]

Hey Don,

Thanks for the link. I agree 100% with the Honorable John Goglia. Funny how the article mentions ARSA and not your twu.

Read the article Ken. Again you show how you can't read and comprehend.

The Transportation Workers Union (TWU) said the “pre-existing and long-standing interpretation of the regulation was correct,” adding that “there is no basis in the language of the regulation for an interpretation that would turn it into a one day off in seven only” rule. TWU added that the FAA should convey a working group to help address mechanic fatigue issues that the agency attempts to address in its interpretation.

 

[Overspeed]

Hey Don,

Thanks for the link. I agree 100% with the Honorable John Goglia. Funny how the article mentions ARSA and not your twu.

Even Aviation Week and Space Technology acknowledges that the TWU made a big difference. I especially like the part where AW&ST stated that you should thank your associations and unions. Where was AMFA involved? Oh that's right, they weren't there to protect your doubles.


FAA Rescinds Maintenance Duty Time Rule Interpretation

Posted by Sean.Broderick 10:16 AM on Jan 07, 2013



FAA, swayed by industry input that started with an Aeronautical Repair Station Association inquiry, has dropped an interpretation of its rule on what dictates required time off for airline mechanics.

The news, delivered December 26 via a formal response (.pdf) to an ARSA complaint lodged in 2010 (.pdf), clarifies what Part 121.377 means--and that clarification aligns with what most of industry has long believed.

First, the language in question:

Within the United States, each certificate holder (or person performing maintenance or preventive maintenance functions for it) shall relieve each person performing maintenance or preventive maintenance from duty for a period of at least 24 consecutive hours during any seven consecutive days, or the equivalent thereof within any one calendar month.
​

Now, the debate: In May 2010, Pratt & Whitney asked FAA to, among other things, clarify what the above language meant in terms of an actual work schedule. Does "or the equivalent thereof" mean--as industry has long believed--that a work schedule with four days off for every four (six-day) weeks worked is compliant, or must a compliant schedule contain one full day off in every seven-day period?

FAA told Pratt & Whitney (.pdf) it was the latter, and that set ARSA off (.pdf). Rather than render a decision directly to the association, FAA posed the question to the public, publishing a Federal Register notice (Docket FAA-2011-0367) in April 2011.
Industry responded, overwhelmingly siding with ARSA.
Said A4A:

The text of the regulation is straightforward, and employers and employees have relied on the flexibility designed into section 121.377 to safely and efficiently manage maintenance requirements for many years....Moving from a monthly process (checking duty time at the end of the month) to a weekly process (essentially checking duty daily) will take both additional resources in the administration staff and upgrades to the legacy systems for time and attendance. The new interpretation will require manual changes, process changes on the part of the administrative staff and most importantly, enhancements to legacy IT architecture at increased costs to the carriers.
​

Offered Transport Workers Union of America:

Based on the plain language of Section 121.377, TWU believes that pre-existing and longstanding interpretation of the regulation was correct, that there is no basis in rule for changing it to require that mechanics employed by certificate holders and by persons who perform maintenance for certificate holders must have one day off in seven except for extreme circumstances.
​

Industry's input swayed FAA (.pdf).

"Upon review of the comments, the FAA agrees that the proposed interpretation of the 'equivalency language' found in the §121.377 rest requirements for maintenance personnel would change prior longstanding precedent," the agency told ARSA.
FAA will soon formalize all of this in a Federal Register notice.

Two industry takeaways?

Don't assume that FAA's word is always etched in stone, and don't take for granted the efforts that your associations and unions are constantly engaged in on your behalf.

Heck, you might even consider supporting a few of them.

 

[swamt]

Even Aviation Week and Space Technology acknowledges that the TWU made a big difference. I especially like the part where AW&ST stated that you should thank your associations and unions. Where was AMFA involved? Oh that's right, they weren't there to protect your doubles.


FAA Rescinds Maintenance Duty Time Rule Interpretation

Posted by Sean.Broderick 10:16 AM on Jan 07, 2013



FAA, swayed by industry input that started with an Aeronautical Repair Station Association inquiry, has dropped an interpretation of its rule on what dictates required time off for airline mechanics.

The news, delivered December 26 via a formal response (.pdf) to an ARSA complaint lodged in 2010 (.pdf), clarifies what Part 121.377 means--and that clarification aligns with what most of industry has long believed.

First, the language in question:

Within the United States, each certificate holder (or person performing maintenance or preventive maintenance functions for it) shall relieve each person performing maintenance or preventive maintenance from duty for a period of at least 24 consecutive hours during any seven consecutive days, or the equivalent thereof within any one calendar month.​

Now, the debate: In May 2010, Pratt & Whitney asked FAA to, among other things, clarify what the above language meant in terms of an actual work schedule. Does "or the equivalent thereof" mean--as industry has long believed--that a work schedule with four days off for every four (six-day) weeks worked is compliant, or must a compliant schedule contain one full day off in every seven-day period?

FAA told Pratt & Whitney (.pdf) it was the latter, and that set ARSA off (.pdf). Rather than render a decision directly to the association, FAA posed the question to the public, publishing a Federal Register notice (Docket FAA-2011-0367) in April 2011.
Industry responded, overwhelmingly siding with ARSA.
Said A4A:

The text of the regulation is straightforward, and employers and employees have relied on the flexibility designed into section 121.377 to safely and efficiently manage maintenance requirements for many years....Moving from a monthly process (checking duty time at the end of the month) to a weekly process (essentially checking duty daily) will take both additional resources in the administration staff and upgrades to the legacy systems for time and attendance. The new interpretation will require manual changes, process changes on the part of the administrative staff and most importantly, enhancements to legacy IT architecture at increased costs to the carriers.​

Offered Transport Workers Union of America:

Based on the plain language of Section 121.377, TWU believes that pre-existing and longstanding interpretation of the regulation was correct, that there is no basis in rule for changing it to require that mechanics employed by certificate holders and by persons who perform maintenance for certificate holders must have one day off in seven except for extreme circumstances.​

Industry's input swayed FAA (.pdf).

"Upon review of the comments, the FAA agrees that the proposed interpretation of the 'equivalency language' found in the §121.377 rest requirements for maintenance personnel would change prior longstanding precedent," the agency told ARSA.
FAA will soon formalize all of this in a Federal Register notice.

Two industry takeaways?

Don't assume that FAA's word is always etched in stone, and don't take for granted the efforts that your associations and unions are constantly engaged in on your behalf.

Heck, you might even consider supporting a few of them.

I believe SWA has been looking at this rule as 4 off within a month. They have sent people home that were approaching a full month with out a day off in order for the company to be compliant to the rule.

 

[Rogallo]

Even Aviation Week and Space Technology acknowledges that the TWU made a big difference. I especially like the part where AW&ST stated that you should thank your associations and unions. Where was AMFA involved? Oh that's right, they weren't there to protect your doubles.

Great, that "doesn't effect me brother". How about trying to change something that effects us all.
Like industry standard pay and benefits!!

 

[Overspeed]

Great, that "doesn't effect me brother". How about trying to change something that effects us all.
Like industry standard pay and benefits!!

On the line it affects a lot of us. CS'ing, especially doubles, are a big deal to us. Some stations even have CS brokers to manage all the CS'ing that goes on. 4,000 plus line mechanics are a very significant portion of the membership. Restrictions on CS's that are onerous would make matters worse.

 

[jimntx]

I suppose if the FAA had been around in 1863, they would have rescinded the Emancipation Proclamation because there was "longstanding precedent" that slavery was ok. "Longstanding precedent" rulings rarely are to the benefit of the worker.

 

[Vortilon]

On the line it affects a lot of us. CS'ing, especially doubles, are a big deal to us. Some stations even have CS brokers to manage all the CS'ing that goes on. 4,000 plus line mechanics are a very significant portion of the membership. Restrictions on CS's that are onerous would make matters worse.

Wow, you're my hero now.... Are you really that desperate to take credit for this? You and the TWU are beyond lame... Now that you & the rest of the TWU international have sold the AMTs out for probably another 8 years, you can focus on the window dressing right? Your time is coming pal, and payback is gonna be a ####!

 

[Overspeed]

Wow, you're my hero now.... Are you really that desperate to take credit for this? You and the TWU are beyond lame... Now that you & the rest of the TWU international have sold the AMTs out for probably another 8 years, you can focus on the window dressing right? Your time is coming pal, and payback is gonna be a ####!

It's a six year deal with a an early opener after 48 months. Also, you will be getting a raise to industry standard 36 months after DOS. That will most likely raise top rate to higher than $37.20 or more dependent on how well UA/CO, DL, and US do. You won't be at the bottom or the top but you will be industry standard. No other union negotiating in BK got that kind of language.

You are an angry man brother.

 

[Ken MacTiernan]

It's a six year deal with a an early opener after 48 months. Also, you will be getting a raise to industry standard 36 months after DOS. That will most likely raise top rate to higher than $37.20 or more dependent on how well UA/CO, DL, and US do. You won't be at the bottom or the top but you will be industry standard. No other union negotiating in BK got that kind of language.

You are an angry man brother.

And the appointed twu international reps. will still be making three times what a member earns.
Vortilon is not the only person who is angry and that is going to be the twu's downfall.

 

[Kev3188]

After pressure from A4A and the TWU...

Hunh.

Am I the only one that finds it interesting that the TWU and A4A were working together?

 

[Overspeed]

Hunh.

Am I the only one that finds it interesting that the TWU and A4A were working together?

They weren't working together. They all submitted comments independently.

 

[Overspeed]

And the appointed twu international reps. will still be making three times what a member earns.
Vortilon is not the only person who is angry and that is going to be the twu's downfall.

And Delle laughed all the way to the bank with his $500K annuity that only he will ever get since the language was removed after he got it. All those jobs outsourced resulting in 80% of their members losing their jobs so that the other 20% can get $5 an hour more. That's the AMFA way!

Ken, if that's what happens I'm fine with that. You and me both have more than 25 years seniority so we will reap the benefits. Make sure you buy the lower seniority guys that lose their jobs a cup of coffee at least.

And Ken, you sure loved it when those appointed union reps argued for more slots in DFW so you could move with your family from SAN. Go back to your heavy coffee maker changes and then you have a nap to take soon don't you?

 

[Vortilon]

It's a six year deal with a an early opener after 48 months. Also, you will be getting a raise to industry standard 36 months after DOS. That will most likely raise top rate to higher than $37.20 or more dependent on how well UA/CO, DL, and US do. You won't be at the bottom or the top but you will be industry standard. No other union negotiating in BK got that kind of language.

You are an angry man brother.

Angry? That would be an understatement. Here you go again with the fluff "in three years, you will get a huge raise blah blah". What about the two weeks of vacation we lost? What about the loss of 5 holidays, along with holiday pay? What about the sick time - half pay for the first day - who even thinks of something like that? How about the sick accrual? Where is my longevity pay & shift differential? Those are just a few of the items you international con artists decided the AMTs didn't need. You will never convince any line AMT that the TWU had their best interests in mind, when giving up all these items without a fight. As time goes on; more and more, Tulsa mechanics are starting to realize the TWU is not their friend either. Good luck selling your snake oil!!