A
CBA 2015 prohibited the use of those things included in its definition of data “as a basis for discipline or discharge of a pilot,” along with prohibiting the audit of data to “evaluate or monitor” pilots. Building off our successful safety agreements and provisions since the 1999 CBA (e.g., 26.Y. of the CBA, ASAP, FOQA), we significantly expanded the circle with the new definition and its applicability. For example, the data in the expanded definition of Flight Data cannot be used in or referred to in any Section 11 (Training), 15 (Medical Standards), 19 (Investigation and Discipline) or related 20 and 21 administrative proceeding (Grievances: Administrative and System Board of Adjustment), or any non-Agreement legal or administrative proceeding. Once the TA ratifies, the Flight Data also cannot be “used in, referred to, or constitute grounds for placement in, any Section 11 training, any Enhanced Oversight Program, or any other similar program and/or training.” The prohibition on auditing of the data now includes “for use in a potential corrective action or performance improvement discussion.”