Originally Posted by
Ed Harley
If their ASAP report is included in the program, then all action towards the crew must be done through the direction of the ERC (Union, FAA, Company). It doesn't matter that it wasn't sole-source. The FAA or the company cannot also pursue this crew through any other means.
This is what I was getting at, if ASAP is submitted properly and accepted it precludes the FAA from doing their own thing willy-nilly. You can get a letter of correction or somesuch, but I really don't think the FAA can give you a 709. The ERC can (and does) require pilots to do re-training, typically ground or sim with a company instructor. At our company they are specially designated instructors who are "read in" to the ASAP system. The emphasis is on training, not checking although you obviously must perform to standards in order the complete the training.
The FAA is limited in what it can do to you in a non sole-source situation.
If you participate in ASAP, are not excluded, and complete any assigned re-training I believe the worst you can get from the FAA would be a letter of correction, which might or might not be get-out-of-jail free. As somebody pointed out before, better to have this happen in the majors rather than the farm league.