MEC 3 – 19 Contacting Reserves Outside Last Hour of Legal Rest – Sustained!
February 15, 2019
On January 15, 2019, MEC 3-19 was filed protesting the company’s violation of Section 8.I.3.c. of the JCBA when the company contacted Flight Attendants earlier than during the last hour of legal rest.
Section 8.I.3.c. provides, “Upon release to [legal] rest, Scheduling will only contact a Reserve during the last hour of the [legal[ rest period at the home base.”
We are pleased to report the grievance was sustained and the clear and unambiguous language of the JCBA prohibits this contact, even on a courtesy call basis to advise Reserves about early morning assignments.
As a remedy, the company has agreed to restarting the rest period when Reserves are contacted in advance of the last hour of her/his legal rest period at the home domicile.
The Crew Scheduler may restart rest as soon as she/he discovers the error. If this does not occur, the individual Flight Attendants whose legal rest has been interrupted must bring the violation to the Company’s attention within the same rest period in which the improper contact was made.
What does this decision mean and how does this impact Flight Attendants?
There are two very important issues Flight Attendants must be aware of as a result of this decision.
First, Flight Attendants receiving Reserve assignments during the Reserve Preference process will continue to be responsible for assignments that might once have been covered by courtesy calls. Said another way, courtesy calls should not be made nor should they be expected.
Secondly, this decision places a level of responsibility on Flight Attendants to know their legal rest legalities at home. For example, if your domestic legal rest is twelve (12) hours, the company may contact you during the eleventh (11) hour to notify you of assignment. If the crew desk contacts you during the tenth (10) hour, you must advise the company of the violation within that rest period, that is before twelve (12) hours in order to reset rest.
Conversely, if you return from an international pairing where the flight/DH time in the last duty period is between 14:01 – 16:30, your rest period at home is twenty-four (24) hours in which case the company may call you during your twenty-third (23) hour of rest to advise you of your next assignment. In order to reset rest, you must notify the company during that rest period or before the end of the 24th hour if your legal rest has been compromised by a call prior to the 23rd hour.
Knowing your contractual legal rest is the best way of ensuring your legal rest at home is protected.