Psa Collective Agreement Doc

A collective agreement („CBA“) between PSA and the PsA pilots` union, the Air Line Pilots Association International („ALPA“), provides for the procedure for upgrading the first officer to that of captain. Id. 6, 10 – e.g. 3. The second officer undergoes class training and must pass an oral exam. Id. 8; Occhione Dep. 107-08, doc. 38-2. Then the pilot is trained in a simulator and must successfully complete an evaluation in the simulator, called „control.“ Fusi Decl. Occhione Dep. 98-100 – e.g.

6-A. With each upgrade test, the pilot has two options for successful control travel. Occhione Dep. 98-99 – e.g. 6-A. In addition, after each control trip, the pilot has the opportunity to be informed and check the procedures. Id. at 127. In this case, he is a pilot in the position of second officer who has applied twice voluntarily to be promoted to captain, but has failed the required basic flight readiness test four times. Under the current collective agreement, the airline had discretion to terminate its employment. The airline did so for safety reasons, as it had done for any other pilot who also repeatedly failed the basic flight qualification test. .

The applicant`s other claims were voluntarily rejected in accordance with Rule 41 A( (1) (A) (ii). doc. 29. Despite the applicant`s allegations that he succeeded in the position of second officer, the Court finds that he was no longer qualified to retain his position as a second officer under PSA`s policy – if a pilot does not repeatedly refuse the cheque trip after two attempts to arm the master, the pilot is not only denied promotion , he is also dismissed from his current position. The complainants dispute the procedures in which it was tested — claim that the tests were unfair. He does not contest and the Court finds no indication that the test itself was discriminatory or remunerated. Applicant voluntarily requested to update the master, knowing that he had to pass a cheque trip to do so successfully. See Occhione Dep.

150-51. . In October 2007, the applicant requested that the first officer be appointed captain. Id. at 87-88. He carried out the teaching component. Id. at 107; Fusi Decl. During training, another pilot, Mario Pompei, said the complainants are Italian, including „You`re Italian, you`re tough,“ „you need to know things“ and „you like to immerse yourself in things.“ Occhione Dep. 108-09.M.

Pompei also mocked the complainant`s accent and stated that he had never heard a „big Italian accent“. Id. Here, PSA has shown that it honestly believes in its reason for terminating the complainant. PSA made affidavits — by the ADPs, who assessed the applicant on his second, third and fourth control trips — and detailed the complainant`s numerous errors during the evaluations. See Harris Decl. Christner Decl. In addition, there were external observers in the applicant`s monitoring visits — an ALPA representative and an FAA representative. Occhione Dep. 178, 190-97. Therefore, the applicant cannot use a pretext for this reason. Because he felt that Captain Gilliam had misjudged him, the complainant refused to be informed. Occhione Dep.

126-27. Applicant was frustrated that Captain Gilliam had not told him the exact sequence of events in advance. Id. at 132-34. As a result, the complainant Manager of Flight Standards, Randy Fusi, called to complain that Captain Gilliam had mismanaged his cheque trip. Id. at 129-31; Fusi Decl. Although complainant did not call back, PSA showed him a signed confirmation of the policy`s receipt, Glenn Decl.

e.g. 2, and he did not deny that it was his signature. Occhione Dep. 81-83, 86. PSA, a regional airline and wholly owned subsidiary of U.S. Airways, operates 50-seat, 70-seat commercial aircraft and is subject to Federal Aviation Administration (FAA) regulations. Fusi Decl. According to FAA rules, each commercial flight must have both a captain and a first officer.

Id. A captain is the first to take command of the aircraft, crew and passengers and is responsible for the safety of the operation of the aircraft and the respect of