Part 2
Ford also testified that on several occasions, he and other crew members were pressured by Southeast to fly more hours than FAA regulations permit and that, once, a Southeast employee changed flight records to show that the crew was legal.
"I was going to quit flying and get out of aviation if my choice was Southeast or nothing," he testified.
Haglund said he was unaware of any situations in which records of crew duty time were altered, adding that no one would get away with it because of the outcry it would generate from flight crews.
Haglund also said pilots, past and present, simply don't understand the FAA regulations.
In the case of Hirst, the pilot who refused to fly without safety documentation, Haglund said the increase in legal aircraft weight from 105,000 to 108,000 pounds was in Hirst's flight manual but that Hirst "just didn't know where to look for it."
But that statement is contradicted by Malone's sworn testimony in the Texas proceeding.
"It is correct today . . ." lawyer Gary Evans asked, "that on Sept. 29, 2002, you were flat wrong about that aircraft being suitable for legal operation above 105,000 pounds, is that not correct?"
"Yes, sir," Malone replied, "that's correct."
Haglund said that of all of the complaints that grew out of the two legal actions heard thus far, none of the pilots who testified had ever brought their concerns to the company or to the FAA.
"That's what's so frustrating to me, because none of these pilots ever brought a safety issue to us," he said.
Hirst challenged Haglund's statement.
"We brought it to their attention all the time," he said.
[size=-1]The legal proceedings against Southeast began when Hirst filed a complaint with the federal Occupational Safety and Health Administration, charging he had been fired illegally in retaliation for reporting the Sept. 29, 2002, confrontation with Malone to the airline's safety officer and the FAA.
Under a federal whistle-blower protection law, this is protected activity. But Southeast argued that the law did not apply because Hirst was not fired; he quit.
Hirst said that after he refused to fly, Malone ordered him to Southeast's Largo headquarters with all of his company manuals and his airline ID. Several times after the incident, Hirst testified under oath, Malone told him he was "off the payroll."
Later, Southeast's chief pilot gave Hirst a paycheck and told him to leave airline property.
Haglund said Hirst was never told he was off the payroll; rather he was told he was "off the (flight) line," and that when he was called to come back to work several days later, he refused "because he already had another job lined up."
After an investigation, OSHA found that Hirst's complaint had no merit. But Hirst requested a hearing before a Department of Labor administrative law judge who came to a far different conclusion.
"FAA regulations require the pilot in command to ensure rather than assume that all is well with the aircraft . . ." Judge Russell Pulver wrote in his decision May 26. "No other officer or employee of an airline may interfere with that non-delegable duty."
Malone's assertion that Hirst had quit was insupportable, Pulver said, adding, "Capt. Malone lacks all credibility as a witness, and (I) found it painful to watch him contradict himself on the stand."
Pulver awarded Hirst $55,000 in back pay, plus interest. Southeast has appealed the decision.
It was not Pulver's role to pass judgment on the safety complaints aired at the proceeding; the only issue before him was whether Hirst had been fired illegally for reporting issues to the FAA.
Hirst, an experienced pilot without a blemish on his record, has since been hired by JetBlue Airways.
* * *
Nick Rougas of Clearwater, a veteran helicopter pilot and instructor in the Marine Corps and Coast Guard, joined Southeast in April 1999. He testified during whistle-blower action he brought in Tampa that he had never called in sick until Dec. 13, 2002, when he had symptoms of a hard flu.
It was the first of several conversations over the next few days during which Rougas said Southeast employees pressured him to fly sick.
When he tried to beg off a round trip from Fort Lauderdale to Newark, he testified: "Malone got on the phone and said, "Well, we need you to do a flight, and if you don't do the flight, you're fired.' "
Rougas took the flight.
Rougas said he supplied a doctor's note on Dec. 23 that he was fit to fly again, but was not given another flight before being suspended Jan. 2, 2003.
Southeast officials say Rougas, then the senior first officer, was an unprofessional jokester who annoyed fellow pilots with stunts and disrupted flight schedules so he could officiate amateur hockey games. Among his offenses: bringing a rubber duck to a water evacuation training session, wearing bunny ears at Easter and a Santa hat at Christmas.
Haglund said Rougas was fired in February 2003 after being recalled from suspension, because he immediately began trying to change the flight schedule for a hockey game. Rougas believes the real reasons were his complaints to the FAA and a disparaging remark he made about Malone to a co-worker. Word got back to Malone. Rougas was fired the next day.
Haglund said neither had anything to do with Rougas' dismissal. And he says Rougas has a vendetta against Southeast. An FAA official testified that Rougas told him "he was out to take the company down."
Rougas has sued Southeast in Pinellas-Pasco Circuit Court alleging that his firing violated Florida's whistle-blower act. That case is pending.
On Wednesday, Administrative Law Judge Larry Price ruled against Rougas in his Tampa case. As in Hirst's case, the judge did not address safety issues raised in testimony. He dismissed the case, he said, because Rougas failed to prove his firing came as a direct result of whistle-blower reports he made to the FAA about flight practices at Southeast.
Rougas reported the pressure to fly while sick to Bruce Haseltine, the principal operations inspector for the FAA with jurisdiction over Southeast.
"I wasn't very pleased with that," Haseltine said. "I violated the airline for it." But later he voided the violation because the captain on the Fort Lauderdale-Newark flights couldn't corroborate that Rougas was ill.
Haseltine, whose job is to make sure Southeast's operations comply with federal regulations, acknowledged the airline has had some problems.
"Do they make mistakes? Sure," he said. "But we're not convinced that Southeast is operating on an unsafe basis regularly -- on a regular basis. If I allowed that, I'd be remiss in my duties."
Haglund declined to make Malone or other employees available for interviews.
* * *
Pilots who testified in the Hirst case complained of deficient teaching materials. Hirst described a day when there were no teaching materials at all.
"We were required to sit in the room for -- for four hours over a certain subject, and they didn't have material to teach on that subject," he said. ". . . They put in 60 Seconds Over Tokyo, an old Metrocolor film, and we sat and watched the full version of 60 Seconds Over Tokyo while in training class."
One frequent pilot complaint during the hearings was Southeast's decision to conduct training exercises, not at St. Petersburg-Clearwater, but at a much smaller airport in Hernando County.
The Hernando County Airport in Brooksville has no control tower, and most of the air traffic consists of small, slow, private airplanes, many carrying student pilots.
Hirst recalled in an interview the experience he and another prospective Southeast pilot had there.
The other pilot "was literally standing in the cockpit trying to see out over the nose to spot little planes we were overtaking," Hirst said. "The (collision alert) was going off, and I kept telling the guys, "This isn't right. This isn't safe.' "
According to Hirst, an airline trainer in the cockpit with them told them everything was fine, that he had all the planes around them in sight.
The trainer "told us they went to Brooksville so they wouldn't have to pay the landing fees at St. Pete and wouldn't have to spend time in the landing pattern burning fuel," Hirst said.
Such operations at Brooksville are legal, and Haglund denies that they are unsafe. He said the pilot trainer denies the collision alarm was sounding.
"The reason we go to Brooksville is that St. Pete-Clearwater asked us not to do maneuvers there to keep down aircraft noise," he said.
But Tom Jewsbury, director of operations at the St. Petersburg airport, said Southeast "never approached us about doing maneuvers at the airport. We're not authorized to prohibit that."
David Lusk, who was Southeast's chief pilot and took over as director of operations in 2003, acknowledged during the Hirst hearing that there were training deficiencies, unrelated to Brooksville, the FAA required Southeast to fix.
"We had been doing training out at the hangar (at St. Petersburg-Clearwater airport) and it was not a good environment," Lusk said. ". . . The FAA requested that we find a better location. . . . The FAA also felt like there needed to be more consistency, more training aids, (that) we needed a training department," said Lusk, who is now an FAA aviation safety inspector in Hawaii.
Lusk acknowledged that many of the reforms ordered by the FAA came about as the result of investigations prompted by Southeast employee complaints to the FAA whistle-blower hotline. Asked how many complaints there had been, Lusk replied:
"I have no clue. Never asked. Was never told. Didn't want to know."
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