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Legalities

8:30-in-24 (Section 7.D.)

Domestic IDs can be scheduled or rescheduled to fly 8:30 or less of flying in a 24:00 period without a prescribed interim rest.

When you have flown more than 8:30 in a 24:00 period, your next legal rest must be at least 16:00, whether you are at your domicile or at a layover point.  If you are scheduled to fly 8:30 or less but a delay or additional stop(s) because of a mechanical, fuel or weather reasons make your flight time exceed 8:30, you must complete the assignment to the point you are scheduled for a legal rest. You may not be required to deadhead on a flight you were scheduled to work to avoid any minimum legal rest resulting from 8:30 in 24, Section 7.D.1.d. If you are scheduled or rescheduled to be projected over 8:30 flight time in a 24:00 period, or if the actual flight time projects you over 8:30 flight time in a 24:00 period, you may not be required to deadhead to lower the projected flight time.

Other 8:30-in-24 points:

Only applies to the Domestic operation.

• If working from Domestic to International, the 8:30-in-24 does not apply. However, if working from International to Domestic, the 8:30-in-24 does apply.
• Provision applies based on a "Rolling" 24-hr. clock:  every consecutive 24-hr. period must be considered.

• Only applies to actual 'working' flight time—not deadheading; not credited time.
• Converting arrivals/departures to the same time zone makes calculating an 8:30-in-24 easier.

• When flying a published (Key Page) ID, an asterisk "*" after the arrival time of the last segment indicates 8:30-in-24 may have been exceeded and indicates a 16-hour rest may be necessary at the home domicile. The "*" appears only in the published key pages, not in a computer-printed ID.
• A Flight Attendant cannot be required to deadhead on a segment originally scheduled to fly just to avoid 8:30-in-24. (Section 7.D.1.c., d.)
• If scheduled flight time is exceeded unexpectedly during the course of a duty period,the Flight Attendant must fly out the duty period as scheduled, even if going over 8:30 flight hours.  Once that happens she/he must then be relieved from duty and provided at least a 16-hour rest at the next layover point. (Section 7.D.2.)
• Note Section 3.P.—Waiver of the 8:30 in 24 for ID construction requires a mutual waiver for scheduling purposes between UA and AFA. 
• This legality can be waived by a Flight Attendant. (Section 7.D.3.)

Note: The issue of the manner in which the 8:30-in-24 provision is being applied in ID construction and in the operation are in dispute between the company and the Association of Flight Attendants. Notwithstanding the filing of MEC 7-12:

1-in-7 (Sections 7.F.1., 10.D.2.a. & 12.K.)

You must be scheduled for at least one calendar day off at the home domicile during any 7 consecutive calendar days. Flight Attendants with International schedules must be relieved from all duty and company obligations at least once during any 7 calendar days in one of two ways:

1.         One calendar day at your home domicile,
2.         One 24:00 period free from duty on a layover.

ID 7410 SKO (Korean)  CHECK-IN AT 09:30 EFF. FEB 10-FEB. 24
OTU     47P     853     SFO/NRT   1115 1505m 27.05   10.50 10.50     13.20
NARITA TOKYU HOTEL (L)
OTH     47B     881     NRT/SEL   1810  2045  18.35nl   2.35     2.35  5.50
1.25     LOTTE HOTEL (L)
OFR     47B     810       SEL/KIX   1520 1700           1.30nl    1.40  1.40
OFR     47B     809       KIX/ SEL  1830 2020           15.45nl   1.50  3.30  7.00  .30
LOTTE HOTEL (L)
OSA     47B     882     SEL/NRT    1205 1410    23.10    2.05  2.05  4.05 1.55
NARITA TOKYU HOTEL (L)
OSU     47Z     827     NRT/SEL   1320 1555m   1.40nl    2.35  2.35
OSU     47Z     826     SEL/NRT   1735 1940            21.20     2.05  4.40  8.50
NARITA TOKYU HOTEL (L)                        
OTU     47B     852     NRT  SFO  1700 0905m 9.05     9.05  11.50
T/D- 7    BID- 41.18   TTL- 32.45  T/C- 4.43     TMA- 144/35  M/$303.62 

This ID flies 7 days.  In the DSPLOF, it looks like this:

Ellen is flying the same ID twice in the month. This 7 day ID must have 24:00 free from duty on a layover. This is satisfied on the first layover of 27:05. They are scheduled for 24:35 free from duty. This ID has a :35 cushion before it violates the Contract and the F.A.R. Should it arrive late, the company may delay the check-in to ensure a 24 in 7 rest. Another option would be to have you continue the ID through Flt. 826 SEL/NRT and change your return to SFO to ensure you receive your 24:00 in 7.

If a Reserve Flight Attendant ends up on duty for seven or more days during a month-end overlap period due to line awards, this end of the month conflict (EOM) is considered automatically waived unless the Flight Attendant notifies the company she/he does not want to waive it prior to the first day of the schedule month. Upon mutual agreement, the crew scheduler will then move a Reserve day to another day later in the month the Flight Attendant originally had off.

24-in-7 (F.A.R. 121.467)

The 24-in-7 F.A.R. states that every Flight Attendant must receive at least 24 hours free from duty in any seven consecutive calendars day period. The company must look forwards and backwards in the block of seven days to determine if a "triggering event" has occurred. Many Flight Attendants get 24-in-7 confused with 1-in-7 when, in fact, they are two distinct and separate legalities. The 24-in-7 is an F.A.R. (Federal Aviation Regulation). The main difference between the 1-in-7 and 24-in-7 is that the 24-in-7 FAR may not be waived by anyone, and it can be satisfied by 24-hours free-from-duty at a layover point in both the Domestic and International operations.

Other points:

• This FAR cannot be waived by either Flight Attendants or management.
• Management must avoid violations of the FAR and, in an instance where a violation occurs, must "self-disclose" any violation(s) to the FAA.
• Measured as any 24 consecutive hours in any 7 calendar days, starting at midnight of the day in which the duty ends.
• "Triggering event" is described as an ID (or report to airport but does not fly) or airport standby.
• Standing Reserve alone does not constitute a triggering event, but once an assignment is made; the block of seven calendar days must then include a 24 hour rest.
• CAN be satisfied by 24 hours free-from-duty on a layover both Domestically and Internationally (remember to factor in report times and debriefing to see if a legal 24 hour rest is being given).

The following ID example does not satisfy the 24-hour free from duty at a point away from home requirement:

1. On arrival, 30 minutes customs and 15 minutes debriefing are required.
2. Check-in on the return segment in NRT is 1:45 prior to departure.
3. The sum of :30 + :15 + 1:45 = 2:30
4. When subtracting from the block to block time of 26:05 the 2:30, the result is 23:35 which provides less than the required 24 hours free from duty and does not satisfy the provisions of the FAR or Section 12.K.

•    Training can be added to the end of a block of seven days, but not at the beginning.
•    General advice on how to avoid being placed in this situation  -  DON'T WAIVE 1-in-7.

35-in-7 (Section 7.E.)

In a Domestic schedule, you may not be scheduled to fly more than 35:00 in any 7 consecutive 24:00 periods. This often encompasses 8 calendar days. You may fly more than 35:00 in 7 consecutive 24:00 periods. This rule is for planning purposes. A Reserve or Lineholder may not be assigned or reassigned to an ID that exceeds 35 hours in any seven consecutive days.

Additionally, Flight Attendants may not be rescheduled to exceed 35-in-7 without their consent. The 35-in-7 rule does not apply to Reserves receiving only International assignments (Section 12.J.). If a Reserve is receiving only Domestic assignments, or a mix of Domestic and International assignments, the 35-in-7 rule applies.

•     Only applies to actual working flight time—not deadheading; not credited time.

•     For schedule planning purposes only. If flight time increases while out flying the
      schedule, the Flight Attendant must fly out the schedule, even if 35-in-7 is exceeded.

35-in-7 does not apply to any seven consecutive 24-hour periods surrounding International IDs. Nor does it apply to vacation time or sick leave.

Holding Time (Section 7.C.)

Holding time (at the gate or unloading point, onboard the aircraft, with passengers) is limited to 4:00 at any one point or a total of 5:00 during any duty period. You must be given a :15 rest period after each 2:00 of holding. At the end of 4:00, you must be either:

1.  Relieved from holding with passengers
2.  Reassigned
3.  Released from duty

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End/Beginning Of Month Legality (EOM) (Sections 9.D. & 12.O.)

The company refers to these beginning of month conflicts as EOMs for end of month legalities. These conflicts can include not satisfying 1-in-7 minimums, not having 24 hours free from duty in 7 consecutive calendar days, being scheduled to exceed 35:00 in any 7 consecutive 24:00 periods (8 calendar days), not having minimum rest between IDs (which technically includes overlapping IDs).

If you are not legal for your new schedule, you should trip trade to make yourself legal. If you are unable to make yourself legal by trip trading, you should contact Inflight Scheduling for assistance.  DIS*39666 is the display page used for legality trades. These trades are not part of the trip trade with open flying allotment.
 
If you are unable to make yourself legal at least 7 days before the beginning of the new month, Inflight Scheduling will reschedule you.  If you are not legal for your new schedule, you may be assigned to an ID in a different operation only if there is no ID you are legal to fly in the operation for which you were originally scheduled.

Flight Time Limitations Monthly Maximums (Sections 7.A., 10.H., and 12.G.)

Our Contract provides that the maximum credited flight time per month is 95 hours.  Sections 7.A.8., 10.H. and 12.G.8. of our Contract provides that any Flight Attendant may, at their option, elect to project their monthly maximum to either 100 hours or over 100 hours. Lineholders may opt to 100 or over 100 through picking up from open flying, trip trading, accepting an assignment or by calling the crew desk.  Reserves may opt to 100 or over 100 when bidding for their lines or by calling the crew desk.

Reassignment (Sections 7.A.5. and 12.G.5.)

A Flight Attendant may not be reassigned if, as a result, their monthly flight time projection exceeds 95 hours of credited flight time.

Drafting (Sections 7.A.6. and 12.G.6.)

If a Flight Attendant is drafted, which results in projecting their schedule over 95 hours of credited flight time, their monthly schedule must be adjusted during the month to lower their projection to no more than the maximum credited flight time.

Line Construction

In addition to the maximum monthly schedule maximum, Section 9.A.3. of our Contract provides that Domestic and International lines of flying be constructed so that the average of all lines at each domicile is not more than 88 hours credited flight time per month.  An important component of our Contract also stipulates that lines be constructed by the Union Local Schedule Committee.  Having our Union as an integral part of the line construction process, Flight Attendants from your domicile who fly these trips and use your feedback, work to maintain the quality of our schedules.

The 95 hour flight time maximum limitation does not apply to line construction, however as Sections 7.A. and 12.G. state, no Flight Attendant can be required to fly more than their scheduled monthly schedule maximum of 95 hours (unless they opt to 100 or over 100).  If a Lineholder Flight Attendant is projected over 95 hours in a month, they may follow the resolving over monthly actual and making yourself legal process after line bids have been awarded to reduce projected time. Once a Reserve Flight Attendant reaches 95 credited hours, if she/he has not opted she/he cannot be forced to work beyond this monthly maximum and must be released from duty for any remaining Reserve days.

Resolving Over Monthly Actual and Making Yourself Legal

While there have been recent changes from a quarterly system to a monthly system as a result of our new Contract, there has not been any change to the process by which you should make yourself legal or resolve over monthly flight time situations. 

In situations where your projection exceeds your monthly maximum, Sections 7.A.3. and 12.G.3. provide the ability to resolve a legality conflict.  The legality should be resolved, preferably through trip trading with other Flight Attendants or open flying.  By providing an opportunity to first resolve the situation ourselves, we are provided the greatest flexibility in managing our schedule while at the same time the ability to maximize our income.  In the event you are unable to resolve your over monthly flight time situation, the company is obligated to work with you as required by Sections 9.E.3. and 12.P.1. of our Contract.

Sections 9.E.3. and 12.P.1. provide that if you are projected over 95 hours in a month, and unable to reduce time through trip trade procedures, you should contact Inflight Scheduling for rescheduling.  You may be projected to 95 hours for the last ID of the month, but if it is necessary to drop an ID because of high time, your preference as to which ID is to be dropped will be considered in concurrence with Inflight Scheduling.

Benefits of Monthly Schedule Maximums

Establishing a Contractual limit to the maximum number of hours management can schedule us to, on a monthly basis, protects us from being forced to fly more hours in any given month, offers schedule trading opportunities to increase or decrease time, and protects our jobs. 

Monthly Schedule Maximum Review:

• Lines of flying may be constructed over 95 hours; however, you cannot be forced to fly more than your monthly schedule maximum. You may reduce your monthly projected schedule through trip trading with open flying or another Flight Attendant, the RDO process or by calling Inflight Scheduling.
• All Flight Attendants, Lineholders and Reserves, have the ability to opt to 100 hours or over 100 hours at your discretion. No Flight Attendant can be forced by the company to opt for more hours.
• Having a Contractual monthly schedule maximum provides greater schedule flexibility options, allowing for each Flight Attendant to increase hours maximizing income on a monthly basis.

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Deadheading (Section 11.A.)

You receive full pay and credit for deadheading.  Deadhead time does not count toward actual flight time and is excluded from 8:30-in-24 legal rest calculation and 35-in-7 calculations. You are on duty when you are deadheading.  Deadheading cannot be considered legal rest or used to satisfy time off requirements for 1-in-7 or minimum days off.

Deviation from Deadheading (Section 11.F.)

You may deviate from a deadhead assignment that is the first or last segment in an ID. You must have the approval of Inflight Scheduling to deviate.  For last segment deviation, you must contact Inflight Scheduling for approval when you arrive after the last working segment. For first segment deviation, you are paid from the point in the ID you deviate.

Converted from Deadhead (Sections 9.I.1. and 12.Q.1.)

If a need arises for a Flight Attendant to work the flight you are deadheading on, the first option for Inflight Scheduling is to convert you from deadheading to working. You may not be converted to work if this causes you to be illegal for the remainder of your ID. If you are deadheading on a Domestic flight to work and International trip, you may only be converted to work on that segment to avoid cancellation.  If you are deadheading on an International segment to work a Domestic trip, you may only be converted to work on that segment to avoid cancellation.

Alcoholic Beverage While Deadheading (Section 11.G.)

If you choose, you may have an alcoholic beverage while you are deadheading if you meet the conditions below:

• You are not in uniform.
• You are a Lineholder and do not have a flight scheduled to depart within 12:00 after scheduled arrival at a domicile or co-terminal point.
• You are a Lineholder deadheading into a non-domicile layover point and you will not be legal for reassignment or drafting to work any flight for at least 12:00 after scheduled arrival.
• You are a Reserve and you would not be legal for assignment for 12:00 after scheduled arrival at a domicile, co-terminal or non-domicile point.
• On a multi-segment DHD, you may only drink after take-off on the last segment and all the above conditions are met.

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Line Guarantee & Reassignments

Defining what is causing any rescheduling activity will help you identify the proper method of reassignment the Crew Scheduler should employ. This will help you understand some of the differences of these sections.

Errors (Section 8.I.)

This Section deals with errors in the line of flying or the assignment of an open ID. An example of this is when two lines have the same ID or you are not awarded the open trip you were entitled to receive.  You may be reassigned to an ID which departs on the same day as the original ID and arrives within 6 hours of the arrival of the original ID or you will receive pay and credit for the flight time lost.  Priority will be given to reassigning Flight Attendants to IDs in the same operation.

Line Guarantee (Sections 8.J., & 12.I.)

These are the line guarantee Sections, and deal with the Lineholder who involuntarily loses all or any part of an ID. An example of this is a trip cancellation.

• You may be reassigned to an ID on the days originally scheduled to fly which is scheduled to return you to your domicile no more than 22 hours later than the original Domestic ID. You may only be reassigned to one ID.
• For an International ID of 4 calendar days or less you may be reassigned to an ID on the days originally scheduled to fly which is scheduled to return you to your domicile no more than 24 hours later than the original scheduled ID. You may only be reassigned to one ID.
• For International IDs in excess of 4 calendar days, you may be reassigned to a maximum of two IDs on the days originally scheduled to fly which is scheduled to return no more than 36 hours later than the originally scheduled ID.
• If there is no ID available, you may have to call Inflight Scheduling at a prearranged time once each day of the original trip until an assignment is made.

After being advised of the reassigned ID, if the number of Reserves available is equal to or greater than the projected number of Flight Attendants needed, you can decline the reassignment.  If you decline, your projection and line guarantee will be reduced by the value of the original assignment.

Schedule Changes/Reassignment (Section 9.B.)

This is the schedule change or transition section.  Examples of this are airplane changes or IDs moved from one Domicile to another over a schedule transition. You will be reassigned if the company and the LEC President decide a rebid is not necessary.

• The reassignment must be for the same number of days or less as the originally scheduled ID.
• The reassignment must take into consideration your previous schedule.
• The reassignment need not be on the days originally scheduled to fly.
• There are no restrictions on arrival or departure time of the ID to which you are assigned.

Reassignments made under this Section will only be to the same type of flying (Domestic to Domestic and International to International).
 
Order of Assignments At Domicile Points (Sections 9.I. & 12.Q.)

The following Sections are used at all Domicile points. You are a home Flight Attendant when the assignment takes place at your Domicile point and a visiting Flight Attendant when you are at a Domicile other than your own during a trip.

The Flight Attendant who is projected the greatest number of hours beneath her/his line guarantee will be assigned first.  If the number of hours is equal for 2 or more Flight Attendants, the assignment will be according to seniority preference.  Priority will be given to reassigning Flight Attendants to IDs in the same operation and same number of days.

This is the order Flight Attendants should be assigned to open flights.

1.   A Flight Attendant converted from deadheading to working the same flight. The conversion must keep you legal and is offered in seniority order.

2.   At home Flight Attendant.

1. Who has lost the outbound flight or the outbound will operate so late that she/he will miss the return flight. This assignment is to legally connect to the return flight.
2. Who has lost the flight or ID, if in the opinion of the crew scheduler such reassignment will prevent drafting.
3. Who is being reassigned to restore minimum calendar days off.
4. Who is being reassigned under Section 8.J. or 12.I. - Line Guarantee.

3.   A visiting Flight Attendant who has lost her/his outbound or who has an open return.

1. The visiting Flight Attendant with no return must contact the crew scheduler upon arrival or as soon as the loss is known.
2. The Flight Attendant with no open return may be given an assignment to your domicile that is scheduled to depart no more than 12 hours beyond the termination of a legal rest period.

4.   A home Lineholder who desires to increase flight time.

5.   A home Reserve.

6.   A home Reserve who wishes to pick up flying on days off.

7.   Drafting.

Irregular Operations At Domicile Points And Non-Domicile Points (Sections 9.K. & 12.R.)

These Sections deal with covering flights open because of irregular operations. These flights are open because the visiting Flight Attendant will not be able to connect or is illegal for the scheduled flight.

At domicile points:

1. Move up a Flight Attendant from the same domicile as the regular crew.
2. Move up a visiting Flight Attendant from another domicile.
3. Move up the first available home Flight Attendant.
4. Consider the flight open and assign the visiting Flight Attendant under the Order of Assignment in Sections 9.I. or 12.Q.

At non-domicile points:

1. Assign Flight Attendants prevented from working regularly assigned flights in First In First Out order.

At domicile points and non-domicile points, priority will be given to assigning Flight Attendants to IDs in the same operation and the same number of days.

At International non-domicile points outside the contiguous United States:

1. Fill open flights on a FIFO basis from crews headed in the same direction.
2. Draft the first available crew for whose flight the arriving illegal crew would be legal.
3. The first legal crew should be utilized.

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Drafting

Irregular operations and bad weather can negatively impact our IDs while at work. It's important that you know what our Contractual legalities are when confronted with a drafting scenario.  Sections 2, 9 and 12 of our Contract deal with drafting.

Drafting is defined in Section 2.I. of our Contract.  Lineholders shall be considered drafted when assigned, while off duty, in inverse order of seniority and in priority among those available and qualified.  In addition, Lineholders shall be considered drafted when removed from their assigned flight for which they are legal, available and in position to fly, and assigned to cover any other flights.

Drafting is provided for under our Contract after exhausting the Order of Assignment, as set forth in Sections 9.I. and 12.Q. of the Contract.

Furthermore, Section 9.H.3. of the Contract provides that drafting assignments shall not be made more than six (6) hours prior to scheduled departure.  Flight Attendants may not decline a drafting assignment. Keep in mind, that once the company applies the drafting provisions of the Contract, there are pay ramifications of which everyone should be aware such as our newly ratified Contract provision that when Flight Attendants are drafted you will receive two hours and thirty minutes (2:30) of extra pay. 

First, once drafted, there is no further reassignment under Sections 8.J.or 12.I. of the Contract. For example, if drafted from a three day ID to cover a one day ID, there is no further reassignment upon return to the home Domicile.  In addition, any drafting assignment that would result in a Flight Attendant being illegal for a subsequent ID is pay protected as part of the drafting assignment and the company may not reassign the affected Flight Attendant under Section 8.J. or 12.I. on return to the home Domicile.

In addition to the new drafting pay provision there are pay ramifications involving holiday pay when drafted.  When drafted away from a holiday ID, to fly a non-holiday ID, the scheduled holiday pay must be considered when making the flight pay calculation. A comparison must be made between the dollar value of the ID flown (including any applicable holiday pay) to the value of the ID from which drafted (including holiday pay.) If the value of the ID from which drafted (including holiday pay) is greater than the value of the ID to which flown, the Flight Attendant is entitled to the pay differential, or the greater of the two.  This differential, once calculated as a result of the comparison will be posted in the DFAP in the form of an hour and minute posting. 

When given a drafting assignment, we encourage you to have the scheduler clarify that you have, in fact, been drafted and under which section of the Contract this is being done. Request the scheduler remark the ID appropriately indicating "DRFT." This will assist Flight Time Records when making their manual review of pay associated with each drafting situation.

 

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