Originally Posted by
Burt123
The FAR’s could care less about “contract abrogation.” This includes the JS is at the CA’s discretion PLUS if it’s an FOM change it is approved by the FAA and must be followed via the FAR’s. So essentially you would be suing the FAA, good luck with that.
I am on your side but your interpretation of his post/ your understanding of the law is flawed. Breach of contract has nothing to do with the FARs, the FAA could not care less one way or another in this matter, as long as your jumpseat policy is in compliance with the regulations. I wouldn't ecpect the FAA to go to bat for you, nor would lawyers for RAH be able to use that as a defense in front of a judge in a civil suit.
It would be akin to rewrite your FOM to limit the amount of passengers to 20 instead of 76 and then having the FAA approve it, there are still grounds for AAG to sue for breach of contract.
Again, I am on your side but thinking the FOM being approved by the FAA is a bulletproof defense is incorrect.