ACR ON SID FAILS TO MAKE XING RESTRICTION.

Narrative

THIS WAS MY SECOND TRIP WITH CAPT AND I DID NOT (AND STILL DON'T) FEEL VERY COMFORTABLE WITH HIS PERFORMANCE IN THE COCKPIT. HE HAS A TENDENCY TO JUST 'SQUEAK BY' ON XING RESTRICTIONS. ON OUR LAST TRIP TOGETHER; HE WOULD APPEAR TO BE UNABLE TO MAKE THE ATC ASSIGNED RESTRICTIONS AND I WOULD ASK HIM IF HE WAS GOING TO MAKE IT AND HIS REPLY WAS ALWAYS 'NO PROBLEM.' WELL; AFTER A 6000-7000 FPM DIVE HE WOULD JUST MAKE IT. (NORMAL DSCNT RATE IN THE MLG IS 2000-3000 FPM). SO; AFTER SEEING THIS SEVERAL TIMES; I BECAME ACCUSTOMED TO IT. THE NIGHT OF THIS INCIDENT; CAPT HAD JUST RETURNED FROM A SHORT VACATION AND HAD BEEN COMMUTING TO GET TO WORK ALL DAY. HE WAS A LITTLE TIRED. IT WAS HIS TURN TO FLY THE 'LOUPE' DEP OUT OF SJC BOUND FOR VANCOUVER; BC. THIS DEP REQUIRES THAT THE PLT FLY A DOWNWIND DEP AND THEN TURN BACK OVER THE VOR (ARPT) AT HIS DISCRETION AND CROSS IT AT 12000 MSL. CAPT BEGAN HIS TURN TOO EARLY AND I ASKED HIM IF HE WOULD MAKE THE XING RESTRICTION. HE SAID 'NO PROBLEM.' WELL; THEN IT BECAME APPARENT THAT HE WOULDN'T MAKE IT; SO I TOLD HIM THAT I WOULD TELL BAY APCH WE WERE GOING TO BE A LITTLE LOW. HE SAID NO; AND THAT HE WOULD BE 'CLOSE ENOUGH.' WE CROSSED THE VOR AT 11300 FT. AFTER THE FLT WE HAD A LITTLE TALK AND I TOLD HIM I WAS UNCOMFORTABLE WITH HIS FLYING; AND THAT I WOULD NO LONGER HESITATE TO CALL ATC IF IT LOOKED LIKE A XING RESTRICTION WOULDN'T BE MADE; JUST AS I SHOULD HAVE DONE THAT NIGHT.