redtail
17th November 2002, 23:55
http://seattletimes.nwsource.com/html/businesstechnology/134577469_alaska160.html
Alaska Airlines punished whistle-blowers, suits say
By Steve Miletich
Seattle Times staff reporter
Two lawsuits were filed against Alaska Airlines yesterday by a current company supervisor and a former supervisor, alleging they were the victims of retaliation for raising safety concerns about aircraft maintenance.
The suits, which were brought under a state whistle-blower statute, also allege that both were the victims of age discrimination that stemmed from their efforts to assure air safety.
One suit contends that Alaska has engaged in "overt hostility" toward maintenance employees who are older than 40 because they are less willing to cut corners.
"Alaska management ... have communicated as a management goal that they will 'get rid of the tribe,' and hire younger, less experienced personnel who are easier to influence and manipulate, and less expensive to the company," the suit says.
That suit was filed by Robert Cles, 58, a veteran supervisor for the airline who works at the company's maintenance hangar at Seattle-Tacoma International Airport.
The other suit was filed by Jerry Smith, 49, who alleges he was fired from his job at the Sea-Tac hangar after raising safety issues.
Alaska spokesman Jack Walsh declined comment yesterday, saying the carrier doesn't comment on pending litigation.
Both men, who are represented by the same attorneys, Paul Ecklund and Phil Talmadge, seek unspecified damages for violations of the state's whistle-blower statute, infliction of emotional distress and discriminatory retaliation.
The suits come as Alaska remains under scrutiny for its maintenance practices in the aftermath of the January 2000 crash of Alaska Flight 261. All 88 passengers and crew were killed when the plane, en route from Puerto Vallarta, Mexico, to San Francisco and Seattle, plunged into the Pacific Ocean off Southern California after a critical part in the tail failed.
The National Transportation Safety Board is preparing to issue its findings Dec. 10 on the cause of the crash. A draft report by safety-board investigators concludes that one of the contributing factors in the crash was Alaska's risky maintenance practices, according to an official who provided The Seattle Times with details of the report.
Cles' suit cites a Jan. 17 incident on Alaska aircraft 607 that was chronicled at the time in a Jan. 25 article in The Times.
The suit alleges that Cles became aware of a safety discrepancy on one of the flap tracks on a Boeing 737-700 that was undergoing repairs. The dispute centered on the 737's wing flaps, which extend the trailing edge of the wings and give the plane extra lift during takeoffs and landings.
Cles, who has worked for Alaska since 1987, further determined that three other flap tracks might exceed their safety limits.
"Cles ordered that the safety of Alaska aircraft #607 be assured before it was returned to service as a carrier of Alaska employees and the traveling public," the suit says.
Shortly after, an Alaska manager arrived at the hangar and sent Cles home midshift, the suit says.
The manager spoke in an "angry, intimidating, hostile manner" and "asked no questions nor sought any information" from Cles before sending him home, the suit says.
The incident occurred in front of other Alaska employees, including inspectors supervised by Cles, the suit adds.
After being placed on paid leave and then returning to work, Cles alleges, he was placed on probationary status and verbally disciplined for talking with a reporter.
"Cles was told he had a choice of immediate discharge or to acquiesce in being placed on probationary status," the suit says.
The suit alleges the incident is part of a pattern of discrimination against older, more experienced maintenance workers who "zealously promote the safety of the aircraft."
Cles has tried to resolve his concerns, but "Alaska has failed to adequately respond," his suit says.
Reached last night, Cles said, "You don't want to hurt the company, but the company is not listening."
Although Alaska declined comment yesterday, company officials said at the time of the incident that proper procedures were followed and that safety wasn't jeopardized.
The company's senior vice president of maintenance, Mickey Cohen, said at the time that the issue stemmed from new maintenance protocols, embraced by Boeing and the industry, that lay out more strictly defined procedures and leave less room for mechanics' judgment calls.
"As a result," Cohen said, "it has caused some upset among a number of our folks who have been doing it the old way their entire careers." He said the company needed to communicate the new procedures more clearly.
The Federal Aviation Administration, after looking into the incident, determined that the plane was properly repaired, but said Cles and others mechanics who raised questions acted in good faith.
Smith, who had worked for Alaska since 1988 before he was fired in March, alleges he was discharged after repeatedly raising safety issues.
In October 2001, his suit says, he ordered repairs be done on the door of an MD-80 jet, believing the plane was not safe to return to service, the suit says.
Smith was verbally criticized and pressured to return the plane to service before the repair was completed, according to the suit.
In November 2001, Smith noticed that a wingtip landing light had been damaged, the suit says.
Smith was ordered to return the plane to service before the problem was fixed, but resisted pressure from a manager, the suit alleges.
Earlier, in the fall of 2000, the suit says, Smith assisted the FBI and the FAA in correcting deficiencies in Alaska's welding program. Both agencies were investigating the airline following the Flight 261 crash.
A year after the crash, Alaska hired several younger managers, less than 40 years old, with "no first hand experience as mechanics, inspectors or supervisors with a major airline," resulting in an increasingly hostile environment toward older, more experienced maintenance employees, the suit says.
Smith said last night that it was difficult to bring the suit, but that his dismissal from Alaska was devastating.
Alaska Airlines punished whistle-blowers, suits say
By Steve Miletich
Seattle Times staff reporter
Two lawsuits were filed against Alaska Airlines yesterday by a current company supervisor and a former supervisor, alleging they were the victims of retaliation for raising safety concerns about aircraft maintenance.
The suits, which were brought under a state whistle-blower statute, also allege that both were the victims of age discrimination that stemmed from their efforts to assure air safety.
One suit contends that Alaska has engaged in "overt hostility" toward maintenance employees who are older than 40 because they are less willing to cut corners.
"Alaska management ... have communicated as a management goal that they will 'get rid of the tribe,' and hire younger, less experienced personnel who are easier to influence and manipulate, and less expensive to the company," the suit says.
That suit was filed by Robert Cles, 58, a veteran supervisor for the airline who works at the company's maintenance hangar at Seattle-Tacoma International Airport.
The other suit was filed by Jerry Smith, 49, who alleges he was fired from his job at the Sea-Tac hangar after raising safety issues.
Alaska spokesman Jack Walsh declined comment yesterday, saying the carrier doesn't comment on pending litigation.
Both men, who are represented by the same attorneys, Paul Ecklund and Phil Talmadge, seek unspecified damages for violations of the state's whistle-blower statute, infliction of emotional distress and discriminatory retaliation.
The suits come as Alaska remains under scrutiny for its maintenance practices in the aftermath of the January 2000 crash of Alaska Flight 261. All 88 passengers and crew were killed when the plane, en route from Puerto Vallarta, Mexico, to San Francisco and Seattle, plunged into the Pacific Ocean off Southern California after a critical part in the tail failed.
The National Transportation Safety Board is preparing to issue its findings Dec. 10 on the cause of the crash. A draft report by safety-board investigators concludes that one of the contributing factors in the crash was Alaska's risky maintenance practices, according to an official who provided The Seattle Times with details of the report.
Cles' suit cites a Jan. 17 incident on Alaska aircraft 607 that was chronicled at the time in a Jan. 25 article in The Times.
The suit alleges that Cles became aware of a safety discrepancy on one of the flap tracks on a Boeing 737-700 that was undergoing repairs. The dispute centered on the 737's wing flaps, which extend the trailing edge of the wings and give the plane extra lift during takeoffs and landings.
Cles, who has worked for Alaska since 1987, further determined that three other flap tracks might exceed their safety limits.
"Cles ordered that the safety of Alaska aircraft #607 be assured before it was returned to service as a carrier of Alaska employees and the traveling public," the suit says.
Shortly after, an Alaska manager arrived at the hangar and sent Cles home midshift, the suit says.
The manager spoke in an "angry, intimidating, hostile manner" and "asked no questions nor sought any information" from Cles before sending him home, the suit says.
The incident occurred in front of other Alaska employees, including inspectors supervised by Cles, the suit adds.
After being placed on paid leave and then returning to work, Cles alleges, he was placed on probationary status and verbally disciplined for talking with a reporter.
"Cles was told he had a choice of immediate discharge or to acquiesce in being placed on probationary status," the suit says.
The suit alleges the incident is part of a pattern of discrimination against older, more experienced maintenance workers who "zealously promote the safety of the aircraft."
Cles has tried to resolve his concerns, but "Alaska has failed to adequately respond," his suit says.
Reached last night, Cles said, "You don't want to hurt the company, but the company is not listening."
Although Alaska declined comment yesterday, company officials said at the time of the incident that proper procedures were followed and that safety wasn't jeopardized.
The company's senior vice president of maintenance, Mickey Cohen, said at the time that the issue stemmed from new maintenance protocols, embraced by Boeing and the industry, that lay out more strictly defined procedures and leave less room for mechanics' judgment calls.
"As a result," Cohen said, "it has caused some upset among a number of our folks who have been doing it the old way their entire careers." He said the company needed to communicate the new procedures more clearly.
The Federal Aviation Administration, after looking into the incident, determined that the plane was properly repaired, but said Cles and others mechanics who raised questions acted in good faith.
Smith, who had worked for Alaska since 1988 before he was fired in March, alleges he was discharged after repeatedly raising safety issues.
In October 2001, his suit says, he ordered repairs be done on the door of an MD-80 jet, believing the plane was not safe to return to service, the suit says.
Smith was verbally criticized and pressured to return the plane to service before the repair was completed, according to the suit.
In November 2001, Smith noticed that a wingtip landing light had been damaged, the suit says.
Smith was ordered to return the plane to service before the problem was fixed, but resisted pressure from a manager, the suit alleges.
Earlier, in the fall of 2000, the suit says, Smith assisted the FBI and the FAA in correcting deficiencies in Alaska's welding program. Both agencies were investigating the airline following the Flight 261 crash.
A year after the crash, Alaska hired several younger managers, less than 40 years old, with "no first hand experience as mechanics, inspectors or supervisors with a major airline," resulting in an increasingly hostile environment toward older, more experienced maintenance employees, the suit says.
Smith said last night that it was difficult to bring the suit, but that his dismissal from Alaska was devastating.