B767-300 CREW WAS UNABLE TO GET PROPER CREW REST IN A FLT OVER 8 HRS AFTER THE COMPANY UPGRADED A PAX INTO THE SEAT NEXT TO THE CREW REST SEAT.

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ONCE AGAIN; A PAX WAS ASSIGNED SEAT XX ADJACENT OUR CREW REST SEAT. ONCE AGAIN; THE PLTS WERE DENIED ADEQUATE CREW REST ON THIS ALL-NIGHTER FLT FROM SAEZ TO JFK DUE TO NORMAL DISTURBANCES OF THIS PAX; IE; ELBOWING; SNORING; GETTING UP AND DOWN AND SHAKING THE SEAT WHILE GOING TO THE RESTROOM; MEAL SVCS; TRAY TABLE REMOVAL; AND SVC CONVERSATIONS WITH THE FLT ATTENDANT. BUT THIS TIME; WE WERE FACED WITH LNDG AT JFK UNDER EXTREMELY WINDY CONDITIONS -- APCHING OPERATIONAL LIMITATIONS. WE WERE FACED WITH THIS AFTER PRACTICALLY NO REST AT ALL. KNOWING THE MARGINAL LNDG CONDITIONS; I DISCUSSED THE CREW REST SEAT ISSUE WITH SAEZ AGENT. SHE SAID THE FLT WAS BOOKED 29 OUT OF 30 BUSINESS CLASS SEATS. LATER; A PAX DID NOT SHOW; LEAVING ONLY 28 OF 30 PAX BOOKED IN BUSINESS CLASS. THEREFORE; NO LONGER OVERSOLD. HOWEVER; SOMEONE LATER SOLD AND UPGRADED IN VIP STATUS TO SEAT XX IN VIOLATION OF THE RULES. ON THIS FLT THERE WERE ONLY 28 PAX 45 MINS PRIOR TO DEP AND THE 29TH PAX WAS SOLD SEAT XX AFTERWARDS. AFTER A LENGTHY DISCUSSION WITH THE AGENTS; WE LEFT SO AS TO HAVE ANOTHER ON-TIME DEP AND WONDERING JUST HOW LITTLE REST WE WILL HAVE BEFORE DEALING WITH THE DIFFICULT WX CONDITIONS IN THE NE. THERE ISN'T A PLT I HAVE FLOWN WITH THAT DOESN'T AGREE THAT THE EXISTING POLICY OF ASSIGNING A PAX TO SEAT XX MUST BE CHANGED IMMEDIATELY. IF ON THE B767 EVERYONE AGREES SEAT XX SHOULD NORMALLY BE BLOCKED FOR ADEQUATE CREW REST AND SAFETY; THEN IT SHOULD BE BLOCKED PERMANENTLY.