Originally Posted by
md11retiree
FDX needs a written agreement between the company and union to protect against any move by the FAA to obtain FOQA data. FDX might be sitting on a potential problem IF the FAA demanded data WITHOUT FOQA protection.
In 2001, the FAA issued FAR 13.401(e) which states: "Except for criminal or deliberate acts, the administrator will not use an operator's FOQA data or aggregate FOQA data in an enforcement action against that operator or its employees when such FOQA data or aggregate FOQA data is obtained from a FOQA program that is approved by the administrator."
More info from 2004 advisory circular:
AC-120-82
In short, FDX has no protection right now from the FAA accessing the QAR information. But, in order to get the FOQA program approved to protect them from the FAA, they have to agree with the union not to use the data for disciplinary actions. So, they have been stuck, because they just couldn't come to terms with the thought of giving up control to the gatekeeper, even in the interest of safety. They have been more interested in the prospect of discipline than protecting themselves from the FAA. Hopefully they have finally seen the light.