United pilots contract, MOU 14-01 — Fatigue Risk Management Data Collection
1. When a Pilot volunteers to participate in a study, he will receive a briefing that describes the nature of the data collection study and how it will be managed, its length and scope, the procedures and requirements of participation, and each participant's rights as a member of the study. Volunteer Pilots will be provided with a Participant Consent Form. The only involvement the Company will have in the recruitment of participants is through general Pilot communications (which shall be well advertised) advising Pilots flying routes relevant to the study of the opportunity to participate in the program. Study participants, including the number of participants, will be determined by the FRC based on study requirements. If there are excess volunteers that qualify, Pilots will be selected for participation in seniority order unless otherwise agreed by the FRC.
2. Depending on the study protocols, personal data may be obtained through the Actigraphy device which is worn on the wrist similar to a sports watch, through a handheld PDA type device, and through Pilot-maintained logs.
3. The Fatigue Management Steering Committee will determine the compensation level for participating Pilots, provided all Pilots are treated fairly, in accordance with the following:
a. For studies utilizing an actigraph or similar device, or of longer duration (in excess of 30 minutes), no less than $400 per Trip designated by the study.
b. For studies that consist solely of events that must be completed at a specific time, either in flight or otherwise, or of medium duration (15-30 minutes) regardless of when the study must be completed, no less than $50 per event designated by the study.
c. For studies that consist solely of events that can be completed pre- or post-flight and of short duration (less than 15 minutes), no less than $25 per event designated by the study.
4. A Pilot may withdraw his participation and the FRC may terminate a Pilot's participation in the data collection at any time via notification to the FRC. A Pilot who withdraws or is withdrawn from a data collection study prior to its completion will receive a prorated payment based on the number of legs completed compared to the number originally agreed. Should a Pilot fail to complete all required documentation of a data collection study, the Pilot will be considered to have withdrawn from the data collection study and will only receive a prorated payment for completed documentation. In addition, should a Pilot alter his schedule after he has begun participation in a data collection study such that he no longer has a schedule appropriate for participation in the study, the Pilot will be considered to have withdrawn from the study.
5. All data collected will be de-identified to the maximum extent possible, except to identify Pilots for compensation purposes. Each Pilot who agrees to participate in a data collection study will be assigned a participant number/code and all data will be de-identified in any reports or publications. The Company will not have access to identified data. The Company will not take any action (e.g. discipline, remedial training, counseling, etc.) against Pilots who participate in the study based on the information reported or the results of the data collected. All identifying data will be maintained pursuant to the requirements of 45 Code of Federal Regulations Section 46.
6. Pilots who participate in data collection per 3-a above will be permitted to review and discuss the results of their personal data with the study analysts.
7. The Company shall pay half of the flight pay loss for the Association members of the FRC for all FRC meetings, and all flight pay loss for work in support of FRMS applications.
8. The provisions in this paragraph will apply when a third party vendor is contracted to perform data collection. The vendor will follow the provisions of this MOU to the extent allowed by Federal regulations. In the event a conflict arises between the provisions of this MOU and Federal regulations and it is not covered by this paragraph, the Association, Company, and vendor will meet and agree on a resolution to the conflict.
a. To the extent allowed by Federal Regulations, the vendor will coordinate selection of study participants with the FRC. For studies in progress on the date of signing, the vendor will utilize existing procedures for selection, informing the FRC about the selection process as allowed by confidentiality constraints.
b. Compensation may be provided via the vendor, if required to maintain regulatory compliance for confidentiality.
c. The vendor will be responsible for collection, de-identification, protection, and retention of data pursuant to the requirements of 45 Code of Federal Regulations Section 46.
9. Solely for the purpose of FRM Data Collection and with the Pilot’s concurrence, a participating Reserve (1) may be given a Trip designated by the study that is available for assignment out of assignment order during the assignment window; and (2) may be given an FBO’d Trip designated by the study at any time and shall be released to the assignment.
This Agreement will replace MOU 15 Fatigue Risk Management Data Collection (dated 10 January 2014) in its entirety. This Agreement shall become effective on date of signing and remain in full force and effect concurrent with the basic Agreement.
AGREED, this 18th day of May, 2014
For United Airlines, Inc.: For the Air Line Pilots Association, International:
Howard Attarian Senior Vice President-Flight Operations Captain Jay Heppner Chairman, UAL MEC
Jay D. Milone Managing Director-Labor Relations-Flight