Secondary Damage?

Fellow Members of Block 5,

Once again we have met the challenge of Christmas peak, and once again, we have delivered as the consummate professionals which we are.  Now as we take a breath and prepare to ring in a New Year, I invite you to take a moment to ponder the decision before us regarding the duration of our current CBA.  In order to secure the option of entering RLA Section 6 negotiations after 1 year, we had to spend negotiating capitol.  While we paid a price for that option, we gave Management the time to wait for the publication of the new Flight and Duty Time Rule.  Still, the decision is not a foregone conclusion.  Your MEC will weigh each and every factor and bit of information at our disposal to make that decision.  Since the opinion of the pilot membership is a key component of that decision-making process, I invite you to convey your opinion to me via e-mail, phone calls, or personal contact.  As you weigh the pros and cons of both options, I pose the following question:

What do the following people have in common?

David Bronczek, President and Chief Executive Officer, FedEx Express

David Abney, Chief Operating Officer, UPS

William Flynn, President and Chief Executive Officer, Atlas Air Worldwide

David Barger, Chief Executive Officer, President, and Director, jetBlue

Bob Reding, Executive Vice President, American Airlines

Blair Berselli, President, Evergreen International Airlines, Inc.

On August 17, 2011, these industry leaders assembled in Washington, D.C., along with three members of the Air Transport Association (ATA) (recently renamed Airlines For America, or A4A):

Sharon Pinkerton, Senior Vice President, Legislative and Regulatory Policy, ATA

David Berg, Senior Vice President, General Counsel and Secretary, ATA

Thomas Hendricks, Senior Vice President of Safety, Security and Operations, ATA

The meeting was held at the White House Office of Management and Budget, where the Flight and Duty Time Limitations and Rest Requirements Rule proposed by the FAA was being reviewed, the final hurdle before the rule was ultimately adopted in a modified form.  Together, they lobbied officials of the OMB's Office of Information and Regulatory Affairs (OIRA) and the Department of Transportation against the rule as written.  (View the PowerPoint slide presentation on the OMB website here: http://www.whitehouse.gov/sites/default/files/omb/assets/oira_2120/2120_08172011-1.pdf (second half of the posted document is the slide presentation)) 

Together, they argued against the cost of the new rule, claiming it would be nearly 16 times the FAA estimate.  Together they argued the costs would outweigh the benefits.  Together they argued that schedule reliability, flight duty period extensions, and flight time limits would be too costly under the new rule.  Together they urged the rule be “substantially reviewed and revised before proceeding to a Supplemental Notice of Proposed Rulemaking.”  This SNPRM, they together argued, “should continue to recognize different operational models.”  Together they argued that any final rule should recognize that domestic and international cargo operators are different, and together they argued against a “one-size-fits-all regulation.”

Meanwhile, our Negotiating Committee was engaged with Management in “Mid-Term Discussions” about grievance related issues.

This wasn't the first time a high-level agent of FedEx Express had met with the OMB and the FAA or DOT.  Our VP of Flight Operations and VP of Regulatory Affairs had previously met on multiple occasions with the ATA and the Cargo Airline Association (CAA) to make similar arguments.  As I'm sure you're now well aware, the rule has now been published, and it doesn't apply to All-Cargo operators.  In a paragraph in the “Final Rule,” their position is explained:

“In addition to the concerns expressed by non-scheduled air carriers, the Cargo Airline Association (CAA) and a number of air carriers operating all-cargo flights have also objected to the proposed rule applying to supplemental operations.  These industry commenters asserted that, while a passenger-operation accident can result in numerous fatalities, an all-cargo accident would consist primarily of property damage.”

(Read the rule in its entirety here: http://www.faa.gov/regulations_policies/rulemaking/recently_published/media/2120-AJ58-FinalRule.pdf )

If you're like me, you'll find that conclusion outrageous.  As all-cargo pilots, our lives have been reduced to “secondary damage.”

Two days before the rule was published, your MEC met to adopt a resolution challenging FedEx Express management to adopt ALPA's goal of “One level of Safety” and oppose any cargo “carve out” of Flight and Duty Time rules.  As the time now draws near for us to decide whether to continue “Mid-Term Discussions” or to engage in RLA Section 6 negotiations, we await a response to that challenge.

Happy New Year!  See you on the line.

Captain Tony Cutler

FedEx Seniority Block 5 Status Representative

Council 22 Vice Chairman

Fedex-Status5Rep@alpa.org

(901) 246-8669