Cabin crew face trial after speaking up about icing on the wing
"Three US Airways flight attendants are facing a law suit filed by their pilot collegue demanding 2 million US$ in compensation for defamation, after they spoke up before departure on Jan 24th 2003, when they noticed ice accumulation on the wings of their airplane, which was to perform flight America West HP-851 from Calgary,AB (Canada) to Phoenix,AZ (USA). It took the common effort of all three flight attendants and three attempts, before the flight crew unwillingly agreed to de-ice the airplane. The airplane reached Phoenix on time and without incident.
The flight attendants reported the case to the FAA, which dropped proceedings against the pilots in 2006 stating, that they couldn't substantiate the allegations even though that doesn't mean, that they wouldn't believe the flight attendants. The first officer, put in charge by the captain to decide about de-icing, hired an attorney to represent him before the FAA, which cost him around 21000 US$. The first officer filed a law suit requesting 2 million US$ from the flight attendants in 2006.
US Airways let the flight attendants know, that they are on their own for that law suit, and wouldn't carry the bills for legal representation, even though they were on duty and following required crew cooperation procedures to ensure safety of flight.
Unknown to the flight attendants, Calgary Airport had filed an irregularity report as well, as ground staff had observed contamination of the wings and approached the flight crew asking, whether de-icing would be needed and received a blunt no.
The first officer admitted in a court deposition into the trial against the flight attendants, that there was frost on the wings of the aircraft indeed, but denied, that they were approached by the flight attendants until after having pushed back.
I wonder what implications this is going to have on future situations like this ?
So the icing/frost wasn't reported until after pushback. So what? I dare say that would be because up until that point the CC were busy with their primary duty of boarding pax and securing the cabin.
'The first officer, put in charge by the captain to decide about de-icing, hired an attorney to represent him before the FAA, which cost him around 21000 US$'
Shall I be a pilot or an attorney - tough call, that one!
If Calgary filed an irregularity report then doesn't this add weight to the FAs' claims?
How did the FAA/company deal with the Calgary report?
Why didn't the FAs use the company safety reporting system?
Why was the FO dropped in the poo? Why didn't the Captain have to defend himself before the FAA?
How did the company deal with the Captain?
How does reporting a failure to act constitute 'defamation'. LOSA has revealed that pilots miss 50% of the errors they make. Is a LOSA observer open to a defamation charge by noting an omission by the crew?
"the First Officer put IN CHARGE by the Capt to decide about de-icing" ? ? ?
WTF was the Capt thinking I wonder, or he was in the rest room ?
As the aircraft rolls gracefully over on it's back @100ft perhaps he would have cause to ponder the abdication of responsibility. There is delegation and then. . . . . something else.
Fair enough if what actually happened was that he delegated the identification of whether contamination was present to the guy doing the walkround, which may be what they meant to say, quite another if he let him make the "decision" on whether they should do something about it.
Last edited by captplaystation : 30th January 2009 at 14:43.
Having been in aviation for 16yrs, both on the ground and in the air - I have always beleived there is no room for second guessing ice build up on a wing surface. Simply put, there is no safe level other than 0.0%. I have also understood and seen the benefits of CRM - Safety in aviation is paramount, end of story! (there is no room in the modern flight deck for old relics who don't conform to CRM)
However, the biggest lesson I have ever learnt from the very early days in aviation - is to admit when your wrong! A wise old pilot once told me "It's better to have egg on your face, than someone to arrange all those funerals"
Firstly, since when can a Captain defer his legal responsibility to ensure the safe operation of his flight as is required under his command.
Secondly, I've never heard of an accident caused by de-icing, there have certainly been ones caused by icing, so why take the risk ? If it was caused by commercial pressure then that is a Captain's decision.
What a truly bizarre and petty case this is. Anyone who knows even the slightest thing about Kegworth will see the foolhardiness of the situation. Hopefully the F/O gets taken to the cleaners.
I know the pilot personally and I also know that they did indeed deice the aircraft. The three flight attendants had some other agenda and should be sued. It seems that in our society, who ever gets to the principles office first is right. Not in this case, the airplane flew to Phoenix with no incedent and did so safely. You will always have people that are scared but have no knowlegde of what pilots do or how they do it. Pilots have the most amazing safety record in the history of mass transit and some are ignorant of what they do, but their safety record speaks volumes.
This had nothing to with safety this was a personal vendeta pure and simple.
Last time I looked, Canada has a "zero tolerance" policy on wing contamination. In addition, to operate into Canada, any foreign carrier must have an Operations Specification awarded by the regulator (Transport Canada) which stipulates that the operator MUST abide by Canadian regs, which (if the statements are true) puts the Flight deck boys in the poo...you cannot avoid de icing if it has been brought to your attention by a qualified observer. In this case it would seem to be someone on the ground in Calgary, plus the cabin crew...maybe this so called law suit is a red herring to obfuscate any real evidence...you know, the ole baffle em with BS trick?
It looks like the story of the Dryden accident except for the fact that this time the there was no final hole in the swiss cheese (and no accident) because the CC spoke up. If the story is as the article states, it is really weird that the companies involved didn't realize the implications/precedents it sets in the CRM field.
What type of aircraft was this? 737's are now allowed to depart with frost on the upper part of the wing, as long as it's within a defined area. Of course each operator need approval for this procedure, but Boeing says it's OK.
Where is the captain in all of this? Has the F/O consulted him. For sure he will be called to testify before any hearing. If it is this serious why are the pilots not joining forces in this suit, or is it that the captain represented himself at the FAA & thus had no costs? How come the FAA could not substantiate anything if Calgary also filed a report? There was written evidence of their observation. There seems to be a few hidden facts which would help clarify the matter.
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