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-   -   Comair pilot sues for job back (https://www.airlinepilotforums.com/regional/42985-comair-pilot-sues-job-back.html)

aviatorpr 08-16-2009 08:24 AM


Originally Posted by 757upspilot (Post 663038)
The problem is not with the pilot who excercised his authority but with the other pilots at the company who fail to excercise the authority and give the company the option of replacing the pilot who has drawn the line in the sand. PIC authority has been undermined by the lack of spine in the left seat.

great statement

mustache ride 08-16-2009 09:18 AM


Originally Posted by KC10 FATboy (Post 663007)
This is a tough one. The FAA, the manufacturer, and the company decides what goes into the MEL. So since door motor was allowed to be inop, was this really a safety of flight issue?

I understand the company's side of the story. They have a pilot who is refusing to fly over an item that is MEL'able (if that's a word). More so, the item is to ensure the door doesn't hit the ground ... when opened incorrectly. So, how is this going to put passengers lifes in danger?

Safety of flight doesn't mean just safety for the passengers. Crew, ramp workers, etc...your co-workers...need to be considered as well. So what do you do when OPS doesn't answer the radio (because most likely half of their positions had been cut)...and a ramper comes up to open to door and gets wacked? You're the PIC, the FAA will point fingers at you...its easier for them to place blame on an individual than to blame a company. Protect yourselves.

H46Bubba 08-16-2009 10:10 AM

I'm torn on this one. Being a pilot I believe in the PIC's ability to exhert that authority. On the other hand as a mech that works on the CRJ I know that the pax door motor is not a major item to refuse an aircraft. The motor only controls the speed that the pax door lowers. It's real main function is to raise the door hydraulically. With the motor inop it requires the ground crew to help lower and raise the pax door and requires a little effort on the part of the FA to close and lock it. It's only initially when the motor fails that the door drops and or bounces, but as long as the gas springs are good it shouldn't drop like a rock and or bounce. The pax door motor has nothing to do with keeping the door closed and locked. As long as the door closes and locks it's not a safety of flight issue. I think its a Cat C MEL which is a ten day deferral. Sometime it might have to remain MEL'd for a time until we can get a new motor or one back from repair if one is not in stock at a mx base.

captain152 08-16-2009 10:32 AM


Originally Posted by 757upspilot (Post 663038)
The problem is not with the pilot who excercised his authority but with the other pilots at the company who fail to excercise the authority and give the company the option of replacing the pilot who has drawn the line in the sand. PIC authority has been undermined by the lack of spine in the left seat.

Amen to that!! I know of too many CAs that have gotten hosed because they refused to fly a plane, only to have another CA who wanted to "get done" take the flight anyway.


Originally Posted by Stew75 (Post 663102)
I don't think the door is a big deal. However, intimitating a PIC and taking away the authority we have is wrong. It is his certificate on the line not the airlines.

You, sir, deserve a medal for that statement


Originally Posted by BoilerUP (Post 663108)
One of the PIC's biggest responsibilities is risk management...considering all information, past experiences, and written guidance in order to best manage the risk to the airplane, passengers, operation, and crew's certificates.

To me, it sounds like that's exactly what this captain did.

Yes, at times your decision may differ from dispatch or management...but they're trying to run an airline and you're trying to get an airplane full of people that you're responsible for safely from point A to point B.

Kudos to this captain for leaving the parking brake set and risking his job for what he thought would provide the best and safest transportation for his passengers.

Round of a applause for you. This is our responsibility as pilots. We are at the aircraft, flying it, NOT dispatch, NOT the CP.


Originally Posted by Airbum (Post 663123)
In the past I can think of only a few times when I had a MEL item deferred and I would not take the plane flying. As I am sure most MELs do, our's state the MEL does not relieve the operator from determining if it is safe and that operators must exercise necessary operational control it ensure safety.

Again, round of applause here


Originally Posted by mazi (Post 663183)
Without getting into detail, I'm SURE this PIC was terminated for more than this one event. The door operation without assist is not a major problem. Letting it slam to the ground, in my opinion, IS. If you are able to get hold of ops prior to arrival, having two ramp agents open it is an excellent plan. Terminating a PIC because he wouldn't fly an aircraft with no APU, is wrong. It's not really the flying that's an issue, but that pesky 2+ hour taxi in Jfk in 100*, that's the safety issue. These sh$tboxes are uncomfortable as is, pack 50 piggys in there and it's horrible. NO APU on hot days don't bother coming to my gate in Ny. Weighing the Pro's and Con's is our jobs.. Managng risk. CA and FO's alike. On a side note I hope he comes back to Comair and takes an early out, that would be perfect!!!!!

You can be my wingman anytime! :cool:


Originally Posted by mustache ride (Post 663244)
Safety of flight doesn't mean just safety for the passengers. Crew, ramp workers, etc...your co-workers...need to be considered as well. So what do you do when OPS doesn't answer the radio (because most likely half of their positions had been cut)...and a ramper comes up to open to door and gets wacked? You're the PIC, the FAA will point fingers at you...its easier for them to place blame on an individual than to blame a company. Protect yourselves.

I'm glad that someone else acknowledges this. As long as you're in that left seat, EVERYTHING that happens on that aircraft and the people on it is your responsibility. So you better be aware of everything going on around your aircraft and the idiots that are sometimes working around it. :rolleyes:

saxman66 08-16-2009 02:46 PM

According to the captains testimony, he had had prior experiences with it nearly injuring a ground crew, and also witnessed a door slamming to the ground and bouncing back up several feet. I don't see how that couldn't cause any damage to the hinges or frame. Maybe it wouldn't be obvious but still could be internal. Also, a mechanic had come out to that captain and said this is very dangerous, to just let the door fall open...regardless of what the MEL said.

So we need to realize what the captain was thinking. He had seen this situation before and based on his experience, he made decision. Many of us have probably not seen this situation, so we would probably take the airplane. Point is, we've all had different experiences in one way or another, and base our decision making upon that.

captain152 08-16-2009 03:18 PM

I agree whole heartedly. Every situation is different, and every pilot will look at it a different way, no matter how similar the view points are. One pilot might feel comfortable taking a plane when another pilot doesn't just due to past experiences or more background knowledge on the situation.

We should all look at each situation individually and not crucify another pilot's decision (not that anyone here is, don't get me wrong). No matter what version of the story we hear, it will never been the exact same as actually being in that pilot's shoes and having to make the decision on the spot.

JetPilotMike 08-16-2009 04:24 PM

The problem is that MX and airline management are using the MEL these days to NOT have to fix things, until they are forced to. 10 day deferral? Perfect, let's let them fly around for 9 days and then we will get around to it. The MEL was designed to get the airplane back to where MX can be performed, not let the airline run around for days doing turns from a MX base.

When I was at Comair they wouldn't fix Lavs or APU's in CVG because they wanted the plane to fly all day until it got line MX on the overnight. I had to scream many times to get them to fix a lav on a CVG-NAS-CVG turn, or threaten to refuse the plane.

Captain's Authority is just that. Use it when it is safe and prudent.

Riddler 08-16-2009 04:36 PM


Originally Posted by Seaslap8 (Post 662750)


"This is huge not only for Shane, but for the entire pilot group," said Matthew Lamparter, chairman of the Comair branch of the Air Line Pilots Association. "We're quite frankly surprised it got as far as it did, and that concerns us.
"

3 issues -
1. Why didn't ALPA support his fight to get his job back?
2. Why is ALPA "surprised" that he got his job back?
3. Why is ALPA "concerned" that it went to court and he won?

Seriously, is there another side to this story?

StrikeTime 08-16-2009 04:42 PM


Originally Posted by Riddler (Post 663445)
3 issues -
1. Why didn't ALPA support his fight to get his job back?
2. Why is ALPA "surprised" that he got his job back?
3. Why is ALPA "concerned" that it went to court and he won?

Seriously, is there another side to this story?

Good question's. I would be interested in knowing those answers myself.

FAYEV 08-16-2009 06:45 PM

Every time this device has been deferred, our station has received a phone call before-hand from Flight Control to make us aware of this. Not sure if that occurs at other airlines or not...? I have seen the door bounce off the concrete about halfway back into the air, and I have also seen it almost land on top of one of my coworkers.


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