Originally Posted by Gone Flying

are you talking about a SCAB list? If so that goes far beyond office politics and is not just a bid avoid list.

Originally Posted by G280FL

He had several "bad" lists. But my feelings haven't changed. It's easy for a very senior pilot to rebuff a pay cut and strike since they likely have their home paid off, grown children, and a nice savings/investment portfolio. The same cannot be said for a junior pilot who has a family to support and student loans. I don't believe in one size fits all policies. Feel free to walk away from your job but don't take it out on someone who has a lot more to lose. You don't know their circumstances.

Originally Posted by G280FL

He had several "bad" lists. But my feelings haven't changed. It's easy for a very senior pilot to rebuff a pay cut and strike since they likely have their home paid off, grown children, and a nice savings/investment portfolio. The same cannot be said for a junior pilot who has a family to support and student loans. I don't believe in one size fits all policies. Feel free to walk away from your job but don't take it out on someone who has a lot more to lose. You don't know their circumstances.

Originally Posted by Schwanker

December 30, 2020 20-15


“Decision and Order Granting Relief”



Last week, a Department of Labor (DOL) Administrative Law Judge (ALJ) issued a decision regarding an AIR 21 (“whistleblower”) complaint filed against Delta Air Lines by a fellow pilot. Attached to this link is the ALJ’s 114-page “Decision and Order Granting Relief.” The Order is a strong condemnation of some of Delta’s (current and former) senior flight operations management and a Delta labor attorney, Company doctor, and other Delta personnel. The ALJ determined that the pilot’s submission of safety-related complaints was a contributing factor in Delta’s decision to order a Section 15 evaluation of the pilot, which the ALJ determined was an adverse action against her under the statute. The ALJ has ordered Delta to publish this Decision to ALL Delta pilots in hopes that, in so doing, senior executives will be strongly deterred from acting in this manner ever again. The ALJ’s decision is subject to administrative appeal by Delta.



The ALJ determined that the Delta pilot brought safety concerns to the attention of Delta’s Flight Ops leadership. The pilot was not satisfied with management’s handling of these concerns, and the FAA became involved. Subsequently, Delta management compelled the pilot to undergo a fitness evaluation under Section 15 of our PWA, resulting in the pilot being declared unfit to fly. The pilot then exercised her right under the PWA to challenge the decision of the Company’s medical examiner and ultimately had an independent evaluation performed by a neutral medical examiner. The Company’s initial negative fitness evaluation was reversed through this process, allowing the pilot’s return to flying. The pilot filed a complaint with the DOL, asserting that Delta retaliated against her for her safety reporting by invoking theSection 15 process. After a lengthy administrative process, the ALJ agreed and ruled in favor of this Delta pilot.



It is most troubling that the ALJ found Delta retaliated against a pilot for raising safety concerns. Further, it is disappointing and quite upsetting to read that an administrative law judge found several Delta Flight Ops leaders’ testimony not to be credible. These events truly go into uncharted waters – and are wholly unacceptable.



The ALJ’s decision raises serious questions about Delta management and the existence of a retaliatory culture here. Safety concerns should never be questioned for motive if we are to have a Just Culture that values safety as our top priority. To prevent this abuse of the fitness for duty process, Human Resources should perform a top-to-bottom review of policies and practices regarding how safety concerns are handled and the use of traditional discipline and other adverse employment actions against pilots. Delta must implement safeguards to protect employees from retaliation—even when the threat comes from the highest management levels. We are pursuing such reforms in collective bargaining, but there must be appropriate checks and balances. Managers and other personnel found to be using retaliation or helping to facilitate retaliation must be held accountable. Finally, the MEC renews its call, made well before this decision, on Delta to conduct an internal review to determine the culpability of any and all Delta personnel who took part (or had knowledge) in this retaliation case.



Any pilot who suspects similar retaliation or discrimination should file a report (it can be anonymous) on Deltanet > Our Company > Legal > Ethics & Compliance > Anti-Retaliation or call the Human Resources Hotline 1-800-xxx-xxxx Other options include pursuing a Department of Labor (DOL) complaint like this pilot. For complaints of retaliation regarding protected military service, USERRA matters also fall under the DOL. Feel free to contact ALPA if you wish to learn more about your options.

Originally Posted by Hedley

Popping some corn. The reactions to this should be entertaining.

Originally Posted by G280FL

Not my intention. And one on one this professor wasn't a bad guy. I won't claim that my arguments changed his mind but he wasn't belittling in his office hours. And maybe things have cooled down some since his time at AA but he was painting an "us vs them" mentality pretty often in his Airline Operations class. Life doesn't exist in a vacuum. What one person thinks is the right thing to do can have serious ramifications on someone else. I think we would all be better for it if we kept that in mind.

Originally Posted by G280FL

Not my intention. And one on one this professor wasn't a bad guy. I won't claim that my arguments changed his mind but he wasn't belittling in his office hours. And maybe things have cooled down some since his time at AA but he was painting an "us vs them" mentality pretty often in his Airline Operations class. Life doesn't exist in a vacuum. What one person thinks is the right thing to do can have serious ramifications on someone else. I think we would all be better for it if we kept that in mind.

Originally Posted by Hedley

Keep in mind that you are on a Delta thread and that they are a unionized pilot group. In the airline world there is never a valid excuse to wind up on a scab list. Those who end up on a list typically spend the rest of their careers ostracized and somehow overlooked for positions that are not purely seniority driven. To put it another way, airline pilots look at scabs like Christians look at Judas.

Originally Posted by G280FL

Yes I understand. And I do appreciate the information since I'm on the outside looking in. I genuinely just love to fly and hope that doesn't change.