sat74
Well-known member
- Joined
- Dec 20, 2001
- Posts
- 365
A friend of mine who just left Skywest emailed me this article. Looks like a win for Captain's Authority! Ive heard of several bogus terminations at Skywest in the past few years, but this is even more reason you guys need a union! I cannot believe the cheif pilot hired a "handwriting expert" to go after this guy!
http://www.sltrib.com/business/ci_7154311
Judge backs pilot who grounded self
By Paul Beebe
The Salt Lake Tribune
Article Last Updated: 10/11/2007 11:52 PM MDT
An administrative law judge has ordered SkyWest Airlines to rehire a veteran pilot who said the company fired him illegally for declaring himself and his crew unfit to fly after a perilous trip to Jackson, Wyo., where a landing was aborted because of bad weather.
The airline said it fired Don Douglas five months after the 2005 incident because he wrote profane graffiti on company property on two occasions and then refused to take responsibility after being confronted. SkyWest said Douglas's declaration that he and two crew members were unable to fly had nothing to do with his termination.
"I'm ecstatic. I hope I've done something about safety. It was always about safety," said Douglas, who lives in Sandy.
A company spokesman said the St. George-based regional airline hasn't decided whether to appeal the judge's ruling.
"SkyWest maintains fair disciplinary procedures with our employees, and in the case of Mr. Douglas, a thorough investigation process was utilized before he was terminated," spokeswoman Marissa Snow said in an email.
"After two review boards in which his peers reviewed and upheld the decision, an investigation was conducted by the Department of Labor, which also found no merit in the case," Snow said Thursday.
The Oct. 3 ruling by Judge Russell Pulver overturns an earlier ruling by the department's Occupational Safety and Health Administration. OSHA ruled last year that the evidence supported SkyWest.
Douglas, a 16-year SkyWest veteran, reported to work at Salt Lake City International Airport on March 21, 2005, three days after a vasectomy. Cleared to work by his surgeon, Douglas was scheduled to fly a 30-seat Embraer Brasilia turboprop airplane from Salt Lake to Jackson that night and return the next morning. Douglas felt fit to fly, even though he and his crew were warned that they would be flying through rain and snow.
Before departing, the crew's first officer and flight attendant told Douglas they were not feeling well. Troy Brewer, the first officer, said he was tired from a lack of sleep. Flight attendant Brandee Black said her arthritis was bothering her.
The flight was difficult, according to the judge, who wrote that Douglas and Brewer "were under more stress than usual because they had to fly on instruments and the conditions were icy."
Because wind and runway conditions were unsafe in Jackson, aircraft controllers put the flight into a holding pattern that lasted about an hour, then ordered Douglas to fly back to Salt Lake through the poor weather.
After returning, Douglas learned that he and the crew were scheduled to attempt another flight to Jackson - about five hours later - at 4:40 a.m. the next day. According to the judge's 49-page ruling, Douglas found himself unexpectedly feeling too poorly to fly so soon because he was physically and mentally drained from the experience. Douglas also said a mild discomfort from his surgery had become intense during the flight.
After considering how he felt and determining that Brewer and Black were too fatigued to fly again so soon, Douglas told a SkyWest supervisor that he and his crew would not be able to safely fly to Jackson.
"As a pilot, [Douglas] was trained to declare himself unfit should he become unfit during the course of a shift. He believed that it would be a violation of federal air safety regulations if he were to fly unfit, or were to allow a crew member to fly that he had determined was unfit," Pulver wrote.
"He also believed that he as the captain had the final authority to make fitness determinations concerning himself and his crew," the judge wrote.
SkyWest disagreed. After an investigation, Tony Fizer, the airline's western region chief pilot, suspended Douglas for a week without pay and put a letter of reprimand in Douglas's personnel file. Fizer said Douglas was already unfit to fly when he arrived for work. Douglas also did not have the authority to keep his crew from flying, Fizer said.
Two months later, a review board reversed the suspension and downgraded the severity of the letter. Fizer was told to inform Douglas that in the future he should consult with a flight surgeon before declaring himself unfit and each crew member must tell the company if they believe they are unable to work. Only if a crew member was incapacitated could Douglas declare that person unfit for duty.
In July 2005, the words "f--- Fizer" appeared on a cork board in a SkyWest crew lounge. After the board was removed, "You can still f--- Fizer" was written on the wall.
Two handwriting experts hired by Fizer later concluded that Douglas had written the epithets. Douglas was told he could keep his job if he accepted responsibility. He refused and was fired on Aug. 31, 2005.
"I couldn't admit to something I didn't do," Douglas said.
Lawyers for Douglas argued that the graffiti was written in generic block letters, not in cursive script. A handwriting expert hired by Douglas said the writing wasn't his. And the SkyWest experts never looked at handwriting samples from other people before determining Douglas was responsible.
At a hearing in September, Fizer claimed the epithets didn't bother him, though he said they created a sexually hostile work environment and required an extensive investigation because senior SkyWest managers were alarmed.
In Pulver's ruling, the judge said Fizer showed "retaliatory animus" at one meeting with Douglas. The judge also said Fizer lacked credibility because of "baseless accusations" and other steps he took toward Douglas.
"I . . . find Fizer's antagonistic statements concerning the protected activity [when Douglas declared himself and his crew unfit to fly] provide circumstantial evidence of a retaliatory motive for terminating [Douglas's] employment," the judge wrote.
Pulver said Douglas is entitled to back pay and attorney fees.
http://www.sltrib.com/business/ci_7154311
Judge backs pilot who grounded self
By Paul Beebe
The Salt Lake Tribune
Article Last Updated: 10/11/2007 11:52 PM MDT
An administrative law judge has ordered SkyWest Airlines to rehire a veteran pilot who said the company fired him illegally for declaring himself and his crew unfit to fly after a perilous trip to Jackson, Wyo., where a landing was aborted because of bad weather.
The airline said it fired Don Douglas five months after the 2005 incident because he wrote profane graffiti on company property on two occasions and then refused to take responsibility after being confronted. SkyWest said Douglas's declaration that he and two crew members were unable to fly had nothing to do with his termination.
"I'm ecstatic. I hope I've done something about safety. It was always about safety," said Douglas, who lives in Sandy.
A company spokesman said the St. George-based regional airline hasn't decided whether to appeal the judge's ruling.
"SkyWest maintains fair disciplinary procedures with our employees, and in the case of Mr. Douglas, a thorough investigation process was utilized before he was terminated," spokeswoman Marissa Snow said in an email.
"After two review boards in which his peers reviewed and upheld the decision, an investigation was conducted by the Department of Labor, which also found no merit in the case," Snow said Thursday.
The Oct. 3 ruling by Judge Russell Pulver overturns an earlier ruling by the department's Occupational Safety and Health Administration. OSHA ruled last year that the evidence supported SkyWest.
Douglas, a 16-year SkyWest veteran, reported to work at Salt Lake City International Airport on March 21, 2005, three days after a vasectomy. Cleared to work by his surgeon, Douglas was scheduled to fly a 30-seat Embraer Brasilia turboprop airplane from Salt Lake to Jackson that night and return the next morning. Douglas felt fit to fly, even though he and his crew were warned that they would be flying through rain and snow.
Before departing, the crew's first officer and flight attendant told Douglas they were not feeling well. Troy Brewer, the first officer, said he was tired from a lack of sleep. Flight attendant Brandee Black said her arthritis was bothering her.
The flight was difficult, according to the judge, who wrote that Douglas and Brewer "were under more stress than usual because they had to fly on instruments and the conditions were icy."
Because wind and runway conditions were unsafe in Jackson, aircraft controllers put the flight into a holding pattern that lasted about an hour, then ordered Douglas to fly back to Salt Lake through the poor weather.
After returning, Douglas learned that he and the crew were scheduled to attempt another flight to Jackson - about five hours later - at 4:40 a.m. the next day. According to the judge's 49-page ruling, Douglas found himself unexpectedly feeling too poorly to fly so soon because he was physically and mentally drained from the experience. Douglas also said a mild discomfort from his surgery had become intense during the flight.
After considering how he felt and determining that Brewer and Black were too fatigued to fly again so soon, Douglas told a SkyWest supervisor that he and his crew would not be able to safely fly to Jackson.
"As a pilot, [Douglas] was trained to declare himself unfit should he become unfit during the course of a shift. He believed that it would be a violation of federal air safety regulations if he were to fly unfit, or were to allow a crew member to fly that he had determined was unfit," Pulver wrote.
"He also believed that he as the captain had the final authority to make fitness determinations concerning himself and his crew," the judge wrote.
SkyWest disagreed. After an investigation, Tony Fizer, the airline's western region chief pilot, suspended Douglas for a week without pay and put a letter of reprimand in Douglas's personnel file. Fizer said Douglas was already unfit to fly when he arrived for work. Douglas also did not have the authority to keep his crew from flying, Fizer said.
Two months later, a review board reversed the suspension and downgraded the severity of the letter. Fizer was told to inform Douglas that in the future he should consult with a flight surgeon before declaring himself unfit and each crew member must tell the company if they believe they are unable to work. Only if a crew member was incapacitated could Douglas declare that person unfit for duty.
In July 2005, the words "f--- Fizer" appeared on a cork board in a SkyWest crew lounge. After the board was removed, "You can still f--- Fizer" was written on the wall.
Two handwriting experts hired by Fizer later concluded that Douglas had written the epithets. Douglas was told he could keep his job if he accepted responsibility. He refused and was fired on Aug. 31, 2005.
"I couldn't admit to something I didn't do," Douglas said.
Lawyers for Douglas argued that the graffiti was written in generic block letters, not in cursive script. A handwriting expert hired by Douglas said the writing wasn't his. And the SkyWest experts never looked at handwriting samples from other people before determining Douglas was responsible.
At a hearing in September, Fizer claimed the epithets didn't bother him, though he said they created a sexually hostile work environment and required an extensive investigation because senior SkyWest managers were alarmed.
In Pulver's ruling, the judge said Fizer showed "retaliatory animus" at one meeting with Douglas. The judge also said Fizer lacked credibility because of "baseless accusations" and other steps he took toward Douglas.
"I . . . find Fizer's antagonistic statements concerning the protected activity [when Douglas declared himself and his crew unfit to fly] provide circumstantial evidence of a retaliatory motive for terminating [Douglas's] employment," the judge wrote.
Pulver said Douglas is entitled to back pay and attorney fees.
uke:
