Embarrassed Skywest Manager Opens Door to Lose Yet Another Lawsuit

[120% Torque]

KB, who once was friends with Don Douglas just posted a dishonest assessment of what happend in the Don Douglas case and tried to spin the facts to support his position as a trader and his lack of leadership to do the right thing. This was sent out to all 3000+ pilots via the company email system. This will no doubt arm Don to sue for damages much greater than the first lawsuit. This manager has now dragged Don's good name through the mud in a very public fashion to suit his own political needs and to cover the tracks of his own poor decision to not step up as a leader and stop the witch hunt that should have never ended in Don being fired. This manager basically says the latest judges ruling is nonsense and not to be taken as fact. He spins the whole chain of events and dismisses even for one moment that TF was out of control and clearly overstepped what any proper manager should have done. You see, KB is friends with BH. BH received hellicopter lessons from TF when TF was a Sapa rep. TF soon after became a cheif pilot. I hope now that everbody can see the the corruption at skywest goes all the way to the top. Jerry is aware of all of this too. If Jerry wants to maintain any respect/credability and have any of the employees of skywest believe in him as a leader he would be well advised to step in now and take control of this situation, do the right thing and fire from the top down. It wont happen though. Too much corruption protecting corruption.

 

[DX Rick]

I'm impressed that SkyWest is fixing that flap problem. Any other CRJ carriers fixing theirs?

 

[Erlanger]

Your really reaching on this one. There's no lawsuit here. I'm sure the lawyers have seen this memo before KB released it.

 

[120% Torque]

Your really reaching on this one. There's no lawsuit here. I'm sure the lawyers have seen this memo before KB released it.

I disagree. Have you seen the letter? Fighting a lawsuit or internaly firing Don was one thing. Sending a two page email out to thousands of pilots, calling Don a liar and a bad pilot with poor judgement will in fact get a company sued for damages. I think KB is so mad and embarred that just like TF doing what he might not normaly do this is a pride thing now. On the company message board at skywestonline (in front of thousands of other employees and other managers) there are dozens of people welcoming Don back yesterday just after a welcome home thread was started. Many, including someone who works at HQ in SGU (where KB is at) are saying he was unfairly fired. These people who are knowledgable about how the firing went down and how a guy who had no previous discipline or training problems in his sixteen years are rallying behind Don. He was well liked by not just pilots but many people in all departments at skywest. With those welcoming him back its major embarrassing to those who improperly fired him and sold him down the river such as KB. I think this is the only reasonable explaination on why KB would be willing to risk another lawsuit. He let his pride get in the way of his common sense.

 

[rtmcfi]

With friends like KB, who needs enemies? The hatchet-job he did on DD was pretty ugly. I'm not sure if it paves the way for more lawsuits, but it definetly shows managements desperation, as well as their true lack of character. I don't know KB, and now, I don't care to. It is stunning what SGU will stoop to. If KB will throw his long-time friends under the bus, what will he do to a run-of-the-mill line pilot? Fortunatly DD's case was heard by a judge who is not in JA's pocket. End result-SGU got crucified by the judge. Well, time to vote!

 

[inthegoo]

KB says that Don's decision to "take out the entire crew without asking them a single question about their fitness" was one of the bad decisions that the company disciplined him for, KB refers to it as a "failing".

Read the last paragraph on page 25 of the court document through the first 2 paragraphs on page 28, well wholly $hit, the judge says exactly the opposite, he even says "it is not a democracy" and that Don's observations of his crew were much more valuable in determining their fitness than a "yes or no answer".


Anyone else care to poke their own hole in KB's letter?

-Jason (going to bed now quite pissed off)

Insert your hole below.

 

[inthegoo]

The court papers are an abobe PDF file that cannot be linked here because its on a secure server so I figured out a way for all to see the court papers,

I created a yahoo account for the sole purpose of viewing this document,

Username: adobefile1234 Password: brasilia

Log into yahoo and go into the email inbox and it will be the email called brasilia, open it and click the adobe attachment,

happy reading

-J

 

[viper548]

How much did DD's decisions cost the company?

How much did TF's decisions cost the company?

 

[120% Torque]

Regarding the company opening themselves up for another lawsuit, here are some of the key areas from the letter sent from management yesterday that Don’s attorney will most likely hone in on. One of the more damaging statements to Don’s reputation in this letter sent out to over 3000 pilots was “The fact is that Don made several bad decisions that night and the company disciplined him for those bad decisions.” This goes against what the judge said but KB is always right, right?

Dear Pilots,
Yesterday, a reporter called us and said he had heard “rumors” about Don’s case from ALPA. Out of respect for employee privacy, SkyWest typically refrains from commenting on employee disciplinary matters. Now that a newspaper is writing about it, and ALPA is using Don as kindling for its campaign, it is time you know all the facts.

I was also the Director of Aircraft Operations when Don was disciplined for making bad decisions. So here are the facts. Each fact you read in the next six paragraphs comes from testimony given under oath – most of it from Don himself. None of these facts are in dispute (ummm, I think the judge disputed some of these "facts"). Ask yourself, when you read them, whether you think proper safety decisions were made.

In July 2005, profane graffiti was written on a corkboard in the SLC station. The corkboard was removed but the profane message was written again, this time on the wall. Since the problem was not going away, SkyWest hired two handwriting experts to identify the person who was defacing property. (Actually TF, who already had a run in with Don hired these handwriting experts). Working independently from each other, both experts identified Don as the author of the graffiti and his employment was subsequently terminated. (KB fails to mention that Don also ended up hiring a handwriting expert and they said this was NOT Don's writing). Don requested a review board, of which half the members were line pilots. These pilots reviewed the facts and unanimously upheld the termination.
Ironically it was Don, not the company, that blew the “unfit” call. Don had surgery on a Friday and chose to fly on Monday, without seeing, calling or being cleared by an FAA flight surgeon. Although his treating doctor told him he could go back to work, barring complications, on Monday, this doctor was not a flight surgeon and Don admitted that he did not tell him what his duties and physical strain could be as a captain on a commercial airliner.

Don also decided to remove his entire crew that night. They had only flown three hours and had more than four hours of uninterrupted rest ahead of them before their next flight. This “remove the whole crew” decision might have been okay if Don had bothered to make any sort of inquiry into their fitness. However, he never asked his crew if they were unfit. Neither did the crew members tell Don that they were unfit to fly. (Note: Don did in fact have feedback from his crew, the F.O. said he was tired earlier and the F.A. said she had arthritis pain. Was that enough to call his crew in fatigued you decide. It is troubling that KB doesn’t mention this). I would imagine that ALPA would be opposed to having a pilot removed from duty without even a basic inquiry into his fitness. But they have a campaign to run, so never mind the loss of a first officer’s pay, and his right to declare his own fitness, if there are votes to be won.

The fact is that Don made several bad decisions that night and the company disciplined him for those bad decisions. Don wasn’t fired but was given a counseling statement and time off. Don appealed his discipline to a peer review board, which had two line pilots on it. The review board reduced the level of discipline but did not exonerate Don.

This brings us back to the present. After failing to convince two peer review boards (at least one of these guys MM is associated with sapa and you probably know by now where their loyalties stand) and getting a “no cause” finding from OSHA, Don appealed again to another office in the Department of Labor, which held hearings on this matter last November. Last Wednesday, that office entered opposite findings to the OSHA investigation, which has touched off the ALPA propaganda about Don. What ALPA has not told you is that this order and opinion, from one person, is only the second stage in a process that could have as many as five levels of review. As it sits, we have mixed messages coming out of two different offices in the Department of Labor, which we will ask to be resolved by another government board.
This is why I find it so strange that ALPA, whose mission statement is “to promote and champion all aspects of aviation safety" would politicize a case full of dubious safety decisions. I guess the opportunity to attack SkyWest midway through the process, with half the facts, was just too good to pass up. I don’t believe it will work because convincing our pilots that SkyWest does not care about safety is going to be a pretty hard sell. My 33 years as a pilot have taught me that one thing is certain: only those within the company know what’s in our best interest. No outside party has gained or can continue to gain what we can by working together. Remember, if you do not want ALPA in your life, then leave the phone on the hook and do not vote.

Sincerely,
KB

Keep in mind that Don was footing the bill with his own money for the best attorney he could afford. The company had no such limitations and had multiple lawyers working on this case throughout. Also, Don was not afforded the right to legal representation during the “peer review boards” because it is prohibited so he was left on his own, with no legal background to fight. Oh yeah he had JB from sapa there, selling him down the river. Sad but true.

For those who are wondering why Don couldn’t bring in legal council when this all started hitting the fan, read here where this right was at one time brought up by Sapa and read management’s response. The topic was quickly dropped after this:


Issue: Pilots desire for a defendant for review board.
Outcome:“Management will not be able to accommodate due to legal constraints.”


You can find more examples of management dominating their position at the expense of the pilots on this thread

http://forums.flightinfo.com/showthread.php?t=103812

 

[Baze]

I read KB's post, WOW! He'd been friends with Don for 15 years? You'd never know it. I'm surprised management would do this, instead of just letting Don slip back into the ranks quietly.

Makes me wonder if KB even wrote this letter. It's probably another gem from Ford & Harrison. SGU just couldn't resist an opportunity to use the DD case to fight the union drive.

What the letter failed to mention was that the handwriting analysis was bogus. The two "experts" supposedly compared the graffiti with the writing on one of Don's manifests.

The way you write huge letters on a wall are different than the way you write on a piece of paper. You use your whole arm/elbow to write letters on a wall. When you write on a piece of paper, you use your wrist.

Letters written on a wall and a piece of paper may look different, even if written by the same individual.

The interesting thing is that AFTER Don was fired, this was written on the wall in the SLC crewmember locker room wall: "You can still f*ck Fizer." I wish I could have seen the initial graffiti, so I could have compared the handwriting.

 

[120% Torque]

More good points brought out from a pilot on another message board:

Presented as FACT in Brooks' letter was that the handwriting evidence CONCLUSIVELY proved DD wrote the graffiti despite the fact that the law case revealed that

- Don hired his own handwriting expert who concluded that he did not do it
- Lou Bodkin testified that one of Fizers experts was "Hokey"
- Fizer had handwriting experts only look at samples of Don Douglas' handwriting. He did not include any other samples of other employees either as a control or of other employees who were involved in disciplinary proceedings who may have had reason to write the graffiti.

"Thus I conclude that Fizer's choice to single out Complainant for the handwriting investigation was unreasonable and evidence that Complainant was targeted in a discriminatory manner" - judge in the findings of law.

SAPA - you should write a response to this letter presenting a opposing view and send it to all pilots. Will you? Of course not. I'd do it, but quite obviously I would fear for my job given the retalitory nature of management disciplines. Quite honestly I fear writing this but I am so upset by this letter. It is the most unfair unreasonable thing I have seen ANY company I have worked for do in the 15 years since I left college. Skywest is NOT the company I thought it was.

 

[Gr82Aviate]

I read KB's post, WOW! He'd been friends with Don for 15 years? You'd never know it. I'm surprised management would do this, instead of just letting Don slip back into the ranks quietly.

Makes me wonder if KB even wrote this letter. It's probably another gem from Ford & Harrison. SGU just couldn't resist an opportunity to use the DD case to fight the union drive.

What the letter failed to mention was that the handwriting analysis was bogus. The two "experts" supposedly compared the graffiti with the writing on one of Don's manifests.

The way you write huge letters on a wall are different than the way you write on a piece of paper. You use your whole arm/elbow to write letters on a wall. When you write on a piece of paper, you use your wrist.

Letters written on a wall and a piece of paper may look different, even if written by the same individual.

The interesting thing is that AFTER Don was fired, this was written on the wall in the SLC crewmember locker room wall: "You can still f*ck Fizer." I wish I could have seen the initial graffiti, so I could have compared the handwriting.

That's because Fony Tizer was sooo good at making friends with everyone he met... NOT

 

[viper548]

So if this happens to DD when he's buddies with KB, what happens if one of the 2800+ pilots that aren't buddies with him call in fatigued?

 

[Skywest Pylot]

For those who are wondering why Don couldn’t bring in legal council when this all started hitting the fan, read here where this right was at one time brought up by Sapa and read management’s response. The topic was quickly dropped after this:


Issue: Pilots desire for a defendant for review board.
Outcome:“Management will not be able to accommodate due to legal constraints.”

Hmmm, I wonder how this might have been different with ALPA? But another reason I will be voting yes. You never know when the sh!t is gonna hit the fan. Who's got your back?

 

[Texx]

Hmmm, I wonder how this might have been different with ALPA? But another reason I will be voting yes. You never know when the sh!t is gonna hit the fan. Who's got your back?

At ASA you have a REP OR ATTY at every meeting. The process is different at different airlines but it would go like this...

1. Company calls said pilot in, rep goes with him to keep record staight, take notes and argue the pilot's position.

2. If this doesn't resolve the issue and the company applies discipline then the pilot would file a grievance and an investigation would begin.

3. Within 14 days of the griev. a meeting with the VP of FLT OPS takes place to talk about the facts and investigation.

4. Within 14 days of above meeting the Company will make a decision.

5. If outcome is not to the pilots liking it would go to System Board of Adjustments.

6. Members of the System Board talk about the case and try to find a solution if possible. If no solution...

7. Arbitration.

 

[PBRstreetgang]

At ASA you have a REP OR ATTY at every meeting. The process is different at different airlines but it would go like this...

1. Company calls said pilot in, rep goes with him to keep record staight, take notes and argue the pilot's position.

2. If this doesn't resolve the issue and the company applies discipline then the pilot would file a grievance and an investigation would begin.

3. Within 14 days of the griev. a meeting with the VP of FLT OPS takes place to talk about the facts and investigation.

4. Within 14 days of above meeting the Company will make a decision.

5. If outcome is not to the pilots liking it would go to System Board of Adjustments.

6. Members of the System Board talk about the case and try to find a solution if possible. If no solution...

7. Arbitration.

AAAHHH,
Yous guys are too fussy, all ya gotta be is buddies with TF, KB, or BH and you are in like flynn. Wait a minute DD was buddies with KB, aaaahhhh $hit i am gonna go to plan ALPA!
PBR

 

[regionaltard]

Skywest is NOT the company I thought it was.

Who did you think they were?

 

[120% Torque]

Who did you think they were?

Ha Ha good stuff. OK here's one for you. Watch this video at the 2 and 3 minute marks. David Thompson = Tony F. at the osha court hearing. Man flying Helicopter = Don D. Document "Tony" holds up is handwriting recognition analysis. :bomb: :laugh:

http://youtube.com/watch?v=iza3Io_j8Fs

 

[120% Torque]

And Tony after he lost the lawsuit. He didn't want no more questions about what he did to Don!

http://youtube.com/watch?v=kamDqL-AGzI&mode=related&search=

 

[Inconceivable]

Seriously, guys. It's just the Mormon way of doing business: EVERYONE else is an infidel outsider. To heck with them, we're doing god's will.

Sounds like some people we are fighting in the Middle East.

Now where did I put my sacred undergarments? I need to go pick up my new child bride....