AN ACR PLT WAS PENALIZED FOR NOT VIOLATING FAR 121 PT 471(D).

Date: 1995-04 · Aircraft: B727-200 · Phase: ground

Anomalies: deviation-discrepancy-procedural-far|other-unspecified

Synopsis

AN ACR PLT WAS PENALIZED FOR NOT VIOLATING FAR 121 PT 471(D).

Narrative

CREW SCHEDULING DEPT OF UNITED STATES PART 121 FLAG/INTL CARRIER NOTIFIED ME (A RESERVE FO) THAT A DUTY DAY IN WHICH NO ASSIGNMENT OCCURRED WAS THE REQUIRED 24 HR BREAK IN 7 DAYS -- 2 DAYS AFTER THE FACT! FURTHER; ALL COMPANY FLT OPS SUPVRS SUPPORTED THIS STANCE; DESPITE FAR 121 REQUIREMENT TO BE 'FREE FROM DUTY' AND STATED COMPANY POLICY TO THE SAME EFFECT. WHEN 8TH DAY IN A ROW ASSIGNMENT WAS RECEIVED; I REFUSED SAID ASSIGNMENT; WITH THE IMMEDIATE RESPONSE FROM THE DIRECTOR OF CREW RESOURCES OF 'FAILURE TO BE AVAILABLE; NOTIFICATION OF CHIEF PLTS OFFICE AND DOCKING OF PAY.' THE DIRECTOR THEN HUNG UP ON ME; AND THE CHIEF PLT FAILED TO SUPPORT ME. COMPANY STILL MAINTAINS THEIR STANCE IS LEGAL AND CLAIMS FAA PRECEDENT; BUT HAS NOT BEEN ABLE TO PRODUCE SUCH PRECEDENT. AT ANY RATE; INTIMIDATION IS NOT DEAD. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE RPTR FLIES THE B-727 FOR A SECOND TIER UNITED STATES ACR. NEGOTIATIONS HAVE RECENTLY BEEN COMPLETED; BUT NOT YET RATIFIED BY THE MEMBERSHIP; THAT SHOULD CORRECT THIS ABUSE OF BASIC HUMAN RIGHTS AND THE FARS. THE RPTR IS OPTIMISTIC FOR THE SUCCESS OF THE NEW CONTRACT. THE RPTR HAS FILED A GRIEVANCE WITH HIS PLT'S UNION; BUT THE BACKLOG IS OVER A YR OLD AND THIS MAY NEVER COME TO LIGHT AS MANY GRIEVANCES ARE WIPED CLEAN WHEN THE ACR AND UNION ARE 'FRIENDS' AGAIN AFTER THE RATIFICATION OF A NEW CONTRACT.

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Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.