United pilots contract, LOA 16-01 — Fatigue Risk Management System
A. FRMS is a Partnership Safety Program governed by Section 19 of the UPA. The Association shall designate two members as the Pilot members of the United Fatigue Management Steering Committee (FMSC). The Pilot members of the FMSC and the Company will jointly develop and manage all Pilot-related aspects of the FRMS. If the parties are unable to agree, the issue will be referred to the Safety Action Council (MEC Central Air Safety Committee Chairman and the Vice President of Corporate Safety) for resolution.
B. The Fatigue Review Committee (FRC) will consist of four members, two of whom shall be Company representatives (one each from the Flight Operations and Safety Departments) and two of whom shall be Association representatives (one each from the MEC Scheduling and Safety Committees). The Association shall designate the two ALPA participants in the FRC.
C. The Company shall pay half of the flight pay loss for the Association members of the FMSC and FRC for all related duties and while attending Company-approved industry relevant conferences or training, and all flight pay loss for work in support of FRMS applications.
D. Each member of the FRC shall have equal access to all data and software (including SAFE- T/FAST) subject to Section 19 data protection, security, and privacy concerns. Data collection will be governed by the Data Collection MOU.
E. Fatigue events categorized by the FRC as Operational or Non-Operational will not be considered to be an Attendance and Reliability event. Self-Induced Fatigue events may be subject to the Attendance and Reliability policy. In the event of a Self-Induced Fatigue event, an ALPA representative from the FRC will inform the Pilot of the potential that the fatigue event may be subject to further investigation by Flight Operations Management. However, the content of all FSAP Reports or any other required fatigue reports (e.g. IOR for fatigue) will remain confidential within the ERC and FRC and may not be used in any subsequent investigation of the fatigue event.
F. If the FRC categorizes a fatigue event as either Non-Operational or Self-Induced, the Pilot will be entitled to meet with the FRC in person to request they reconsider their decision.
G. Fatigue events will be categorized in accordance with the United FRMP filing with the Administrator on November 10, 2011 or the most current FRC documentation contained in a revised FRMP accepted and on record with the Administrator. If the FRC is unable to agree, the issue will be referred to the SAC for resolution.
G-1. Operational Fatigue events shall not cause a reduction in a Pilot’s pay nor result in debiting of his Sick Bank.
G-2. Non-Operational Fatigue events will debit a Pilot’s sick bank for the flying not performed to protect a Pilot’s pay, to the extent sick bank is available and in accordance with the UPA.
G-3. Self-Induced Fatigue events will not generate pay for any time lost as a result of the fatigue event.
G-4. A Pilot who declares themselves fatigued or unfit to fly will be removed from their flying assignment and the event will be coded and categorized as Fatigue and reviewed by the FRC. Further, if the Pilot is a non-LCL Reserve at their Base, they will be placed on Short Call beginning at the time the Pilot estimates that they will be rested. A LCL Reserve will be released to Long Call Reserve.
G-5. When not covered by Paragraph G-4 above, a Pilot whose Flight Duty Period is terminated due to lack of concurrence to extend the Flight Duty Period under FAR 117 (as modified by FRMS) will be removed from his flying assignment and the event will be coded and categorized as Fit for Duty (FFD). A FFD event shall be covered under Section 20-F-1 or 20-F-2 of the UPA, as appropriate.
G-6. A Pilot’s inability to continue a Flight Duty Period because of the action of, or FAR 117 limitation on, another member of his crew shall be covered under Section 20-F-1 or 20-F-2 of the UPA, as appropriate.
G-7. Fatigue events related to hotel problems (e.g. noise, temperature, fire alarm, etc.) as determined by the FRC shall not cause a reduction in a Pilot’s pay nor result in debiting of his sick bank.
Note: All fatigue events will initially be processed by debiting the Pilot’s sick bank. Subsequent to the FRC’s categorization of the fatigue event, the Pilot’s pay for the fatigue event will be reconciled (if necessary). Additionally, fatigue events for which a Pilot fails to submit a FSAP within 48 hours after the start of the first calendar day off subsequent to the fatigue event will result in a loss of pay. In order to maintain robust fatigue reporting there will be no requirement to file an Irregular Operations Report for a fatigue event.
H. FRMS will apply to all Pilots on the United seniority list.
These provisions will remain in full force and effect until the FRMS is dissolved.
For United Airlines, Inc.: For the Air Line Pilots Association, International:
Captain Howard Attarian Senior Vice President Flight Operations Captain Timothy G. Canoll President Air Line Pilots Association, International
P. Douglas McKeen Senior Vice President Labor Relations Captain Jay Heppner Chairman UAL MEC