Justice Is Served

On the Long Island Rail Road! 

On July 20, 2023, federal Administrative Law Judge Scott R. Morris found that the MTA Long Island Rail Road Company (LIRR) had once again retaliated against whistleblower Anthony Inganamorte who had reported unsafe rail conditions that could lead to derailments. But this was not the first time the Rail Road management had retaliated. 

In 2017, Anthony Inganamorte filed a whistleblower complaint alleging that the MTA Long Island Railroad Company had disqualified him from the Foreman position in retaliation for his reports of unsafe rail conditions and wage theft. The LIRR’s complacency towards safety has led directly to train derailments. Thanks to his attorney, Lee Seham, and truth on his side, Anthony's litigation ended successfully with a decision by federal Administrative Law Judge Jonathan C. Calianos, on August 11, 2020, ordering the LIRR to reinstate him to the foreman position. 

And then they retaliated again! 

This time it was Judge Morris who found that the LIRR had subjected him to the adverse action of GPS surveillance on the “exact date” that he returned to the foreman position. Using particularly harsh language, Judge Morris asserted that the LIRR’s “contumacious conduct raised at least the specter of spoliation,” or the intentional destruction of evidence. 

Judge Morris also held the railroad’s law firm responsible for engaging in motion practice that he characterized as “gamesmanship.” As attorney Lee Seham stated, “If you have nothing to hide, there is no need to withhold and/or destroy evidence. It is obvious that the LIRR has a lot to hide.”

I've had the opportunity to meet Anthony and discuss his case. His entire focus was on passenger safety. I wholeheartedly agree with Lee when he says Anthony is, "A man of unparalleled integrity. To take adverse action against someone who makes safety his number one priority is unspeakable, particularly when the LIRR appears to turn a blind eye to individuals who violate these same safety standards.”

If you find yourself In a Labor Dispute

You might want to contact 

Lee Seham

Lee Seham Attorney At Law

Congratulations Anthony!

This has been a long fight. 

And you deserved this win.

Please join me and congratulate 

Anthony and Lee on finding justice!

Unless you've walked in those shoes, it's difficult to understand the pain and suffering that people undergo as the result of attempting to improve safety when the company wants you silenced. I understand. Anthony understands. As do many others. 

On September 7th I will be the keynote speaker at the Workplace Promise Institute conference. Please join me in Washington D.C. or by live-stream, to share the vision of a safe place to work. "Culture change happens when energized personnel – across organizations, communities, and governments make healthy and informed decisions in the workplace." The Workplace Promise Institute is the education center for Whistleblowers of America. I hope you can join us. 

Enjoy the Journey
Dr. Karlene Petitt
PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727

Ladies Beyond Flying

You are Invited! 

To the 35th Aviation Women Panel on July 18th, 2023 at 0800 PDT. My friend, Daniel Stecher, is the man behind Ladies Beyond flying group and he's invited me to be a speaker on July 18th. I'll be on the tail end of a road trip, so who knows where I will be. But I will be there! That's why they make alarms. I hope you will join us. You never know what will be discussed, but from what I've seen, these talks are always enlightening. I will try not to disappoint. Click on the "book your seat" link below, and join me and a fabulous group of delightful people. We open up for questions, and you can ask anything. I hope to see you there!

Book your seat!

Daniel Stecher is the Vice President Business Development Global Sales & Marketing. Reach out to him and become part of Ladies beyond flying... yes, there are men too. And check out his website. Daniel is an inspiration to all. He is connecting the world through aviation enthusiasts, and redefining travel. 

I hope to see you on the 18th! 

DID YOU

Book your seat?

IT'S FREE! 

E-mail: daniel.stecher@ibsplc.com | URL: www.ibsplc.com

Enjoy the Journey

Dr. Karlene Petitt
PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727

Where is Justice When Safety is Concerned?

Not Under the RLA

While many people think justice was served in my case, it was not. Nobody was held accountable. And because justice was not served, unsafe practices are still ongoing in the airline industry. Modifying the AIR21 law is a start, but it's equally as important to abolish the Railway Labor Act (RLA). 

The RLA is an archaic act from 1926 that says if the pilot belongs to a union and there is a dispute, the pilot must use the grievance process instead of court. The judge should not have to know and or interpret the pilot contract, just understand the law. Had Honorable Judge Morris not asserted that he did not need to "interpret" the Delta PWA to understand what retaliation was, I would have lost in the grievance process because the company owns the Arbitrators and ALPA allows it to happen. 

"Luck and the Arbitration Process"

There is no luck in this process 

when it's bought and paid for!

Airlines own this process because the unions allow them to do so. At least ALPA does so with Delta and FedEx. I have yet to find a case that was successful for the pilot at the five person board within the Delta/ALPA alliance. Meaning, I have yet to find a case where ALPA saved a job at Delta. 

The reason that the AIR21 law was enacted in the first place was because our legal system determined that safety could not be placed in the hands of a businessman. If safety can't be sacrificed to a business men, then a pilot's life should not be placed there either. 

Regardless, when you silence pilots with this grievance process, you reduce safety because pilots fear job loss by coming forward. It's impossible to have a Safety System if employees fear retaliation for speaking out. An instructor pilot once said, "Be the monkey, push the button, and get the banana, if you want to pass through training." Now, if you want to keep your career, you must be the monkey who speaks nothing, see's nothing and hears nothing. 

Unfortunately the Airlines are using the HIMS program to remove pilots as well. Today another pilot lost her career with Delta. The following case does not conform to logic and ALPA did nothing. 

ALPA argued that the pilot's testimony of the collection process demonstrated violations of the "applicable collection protocol" that rendered suspect the positive results of that PEth test. 

The pilot stated that she first reviewed the USDTL Dried Blood Spot Collection Instructions shortly after the test was given. She further testified that in one of the emails she sent to the Company following her positive test, she alerted the Company to the particular collection issues about which she testified. 

The pilot specifically identified Captain Michael Levis, then Regional Director, Delta Flight Operations, as one of the Company representatives she informed in this fashion. As Delta pointed out, the pilot did not produce any email to substantiate that she made a complaint regarding the collection procedures used on that first test. 

In the Arbitration Process 

there is no Discovery! 

Assuming for purposes of this discussion that the pilot's recollection of the particulars of the collection process were entirely accurate, the question is whether any of the alleged collection discrepancies, inconsistent with USDTL Dried Blood Spot Collection Instructions would cause a false positive PEth test result. 

Included in the alleged collection discrepancies raised by the pilot during her testimony are the following:

1. That neither she nor the collector washed their hands with soap and water prior to collection; 
2. That she had been using ethanol based hand sanitizer once or twice a day around the time of the test; (COVID in season)
3. Contrary to the USDTL instructions, the pilot's finger did not air dry after it was wiped with the alcohol pad prior to collection nor was the first drop of blood wiped; 
4. Contrary to USDTL instructions the collection person “milked” or massaged her finger and layered successive drops of blood on the blood spot card; and, 
5. Contrary to USDTL instructions that the sealed drying box containing the specimen should not be placed “inside an airtight plastic specimen transport bag,” her collector placed the specimen inside a plastic mailer which was sealed “immediately” once the collection was completed. 

To this last point, the pilot referenced a Separations 2022 article titled, False Positive Results of Phosphatidyethanol (PEth) Quantitation Dried Blood Spots (DBS): The Influence of Alcohol Vapors.  By, by Anton Bashilov 1,2 ORCID, Sergey Osipenko 1ORCID, Karolina Ikonnikova 3, Oxana Kovaleva 1,Boris Izotov 2,Evgeny Nikolaev 1 andYury Kostyukevich 1,

Dr. Eugene Howard Taylor, who is Board Certified by the American Board of Forensic Toxicology, and is also Board Certified by the American Board of Clinical Chemistry with a specialty in Toxicology, testified for the Company as an expert in the field of forensic toxicology. 

Dr. Eugene Howard Taylor

However, Taylor Previously Testified 

That the only thing he knows about PEth is what he read.

No research. No papers. No level of Understanding. 

Dr. Taylor was asked about each of the collection discrepancies alleged by the pilot. In response, Dr. Taylor testified that none of the discrepancies could have caused a false positive result. This testimony was identified as credible, despite these discrepancies were all conflicting with the "USTDL PEth test instructions."

This testimony by Dr. Taylor went unrebutted!  

Shame on ALPA attorneys!

The Arbitrator turns next to the questions the pilot raised relating to the self-directed tests she took subsequent to that initial false positive test, proving she did not drink. The Arbitrator recognized that the pilot's self-directed tests are not permitted in the DPAC program and that Delta has no obligation to consider them. 

Marlene Gold

Arbitrator Marlene Gold believes 

Truth does not set you free 

because of Delta's lack of obligation 

to acknowledge that truth rules 

There could be valid reasons why companies do not consider self-directed tests obtained by its employees outside of the designated testing protocol. These tests are not random, as the employee can choose when to test. Further, self-directed tests do not allow the employer to verify that the tests followed "approved guidelines, protocols and safeguards". Additionally, the employer cannot determine if the self-directed tests submitted comprise "all of" the self-directed tests that were taken by the employee, or if they represent only certain self-directed tests selected by the employee.  Should that matter?

Nevertheless, as the pilot focused on the self-directed tests taken after the initial test, Arbitrator Gold reviewed the evidence regarding them to ascertain whether they provided evidence that the initial test was not reliable.  

So Dr. Taylor testifies the "protocols don’t matter."

However, the arbitrator can’t accept self-directed tests 

because of the "uncertainty of protocols" not being followed. 

But their expert witness said protocols don't matter... 

 ALPA doesn't object to these illogical assertions!

Dr. Skipper testified on the pilot's behalf. Dr. Skipper has written numerous papers on PEth testing but is not considered an expert. ALPA knows that Dr. Taylor is an "named" expert, but by title only. He has no expertise on the subject, whereas Dr. Skipper does. Dr. Taylor also runs drug testing lab, of which he does not us PEth testing, this non-FDA approved test. And yet he's asserting the protocols don't matter.  

ALPA Does NOT Object. 

 Pilot loses her job!

Experts are easily purchased, but when ALPA doesn't object and the arbitrator knows what that the "non" expert is truly the expert on the subject, the writing is on the wall. 

This is not the end until we put a stop to this. 

Aviation Safety, the Pilot job, and Justice

Depend upon getting rid of the RLA

Enjoy the Journey

Dr. Karlene Petitt
PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727

Weaponization of Mental Health

FedEx this time...
And Delta becomes involved

Do not underestimate the power of a Airline Freighter falling on your house. Despite no passengers on board these aircraft can do as much damage to anyone on the ground when something goes wrong. The following event was in an Airbus A310 aircraft. Planes get old, equipment fails, and the very reason we need pilots. You'll see why two pilots are equally as important. 

December 2015, Phil Seubert and his captain operated an Atlanta-Newark leg in an Airbus 310. The fuel slip and flight release indicated they had 62,500 lbs of fuel on board. The flight plan stated that fuel at destination would be 40,000 lbs because they were tankering fuel. The flight proceeded normally, and the fuel gauges, totalizer readings, fuel used readings, and Flight Management System indications agreed with each other and indicated that the aircraft had consumed about 18,000 lbs of fuel. But, just prior to turning on approach the fuel system reading increased to 61,000 lbs of total fuel, and froze! 

Phil Seubert and the captain flew the airspeed hook, the only indication that provided them an accurate maneuvering speed because it utilized angle of attack. They landed immediately due to the unknown fuel state. An example like this is why every pilot should have a deep level of understanding of their aircraft systems, as these pilots did. They wrote up the incident upon landing. When maintenance installed a new fuel computer on the aircraft, the fuel system reset to 2,900 lbs "total fuel" and a fuel low light came on for the first time. But maintenance said there was still 40,000 lbs of fuel onboard despite these indications, but they would continue to research the issue. 

Phil and the captain jumpseated to Norfolk Virginia to continue the rest of their scheduled trip. The next night, having returned to Newark, Phil Seubert discovered that maintenance had confirmed only 2,500 lbs of fuel was onboard by dipping the tanks. The aircraft had essentially run out of fuel. 

Phil took pictures documenting the fuel issues and filed an Aviation Safety Action Program (“ASAP”) report within 24 hours of the initial incident, which was transmitted to the FAA and flight management. 

But, instead of investigating the aircraft’s airworthiness, FedEx Fleet Captain Dolores Pavletic began issuing Flight Crew Information Files (“FCIFs”) blaming Phil and the captain for inattention to fuel indications, even though the fuel indications reflected the expected fuel levels until just prior to the flight’s approach.

Phil undertook his own research to identify the reason for the inaccurate fuel reading. He discovered that the aircraft had landed in Atlanta with 21,000 fuel lbs and then was shutdown. When power was restored the fuel system indicated 62,500 fuel lbs, although no fuel had been added. Maintenance had accepted that reading and entered it on the fuel slip and load manifest. The absence of a chain of custody for fuel settings created a dangerous scenario and led to a violation of FARs that requires an accurate load manifest. 

The FCIFs filed against Phil Seubert showed FedEx’s hostility toward him and his safety concerns, therefore, he felt compelled to raise the fuel issue again with FedEx management because they were not taking action to solve the problem, but instead blaming the pilots. 

It turns out that they were not tankering anything. If the previous flight had even a 1000 pounds less than 21,000 pounds on shutdown, Seubert's plane would have flamed out both engines on arrival killing all those on the ground in Newark. Furthermore, there could have been just enough fuel to break ground in Atlanta, but not enough altitude to turn and glide back in. This is a significant safety concern with a potential for what could have been a catastrophic event, but for the grace of God. In subsequent communications to FedEx management, Phil recommended five courses of action designed to improve safety and prevent future fuel reading errors: 

1. Fix the Fuel Low light per certificate requirements. 
2. Ground the fleet until the proper investigation could be conducted. 
3. Mandate a running fuel log in the logbook. 
4. Make Aircraft Communications, Addressing and Reporting System (“ACARS”) entries for shutdown fuel and fuel added and independently track entries in the flight logbook. 
5. Require calculations for zero fuel weight approach speeds so crews can estimate the fuel state. 

FedEx management was minimally responsive to Phil’s safety recommendations; however, FedEx management attempted to place a written warning in his employee file. Not unlike Delta SVP Steve Dickson asserting that I was a "catalyst for safety", but still sent me into a Section 15 mental health evaluation. FedEx management attacked the messenger instead of thanking him for the suggestions. 

In February 2016, Phil spoke with an FAA inspector, who stated that there had been no report made to the FAA by FedEx as a result of his ASAP report. The lack of a report indicated that FedEx had either suppressed the ASAP report or had failed to disseminate critical information to the FAA. On the other hand, reports have disappeared at the FAA. 

If you do everything you can to fix the problem but your efforts fall on deaf ears, you leave that equipment and upgrade to a captain on a newer fleet. That's what Phil did. He checked out as captain, first on the B757 and then he went to the B767.

In the spring of 2021, Captain Seubert flew a FedEx route from Memphis to Toluca during which there appeared a 5,000 lbs discrepancy in weight and balance due to the presence of an undocumented 5,000 lb cart. On a subsequent leg of the same trip, another weight balance issue arose that required "significant in-flight abnormal control adjustments during takeoff and landing to avoid aircraft damage". What is significant to one, is catastrophic to another. You decide: 

Captain Seubert was on takeoff roll at V2+20 and his nose was at 7 degrees up, but they were still on the runway! There was no way to abort. The only thing he could do was use his skills and get that plane airborne. That's exactly what Phil did. He knew, however, that they would be required to land the beast with the same out of balance situation. Therefore, he dug into the performance charts and worked this math problem backwards, figuring out what the CG must have been, based upon the performance, then figured out an accurate landing speed and adjusted accordingly.

Phil immediately reported the weight discrepancy to FedEx’s On Duty Pilot. The On Duty Pilot responded that similar weight discrepancy issues had “been happening lately.” Phil reported the incident directly to Fleet Captain Kevin Whearty in Captain Whearty’s office. Phil also raised the incident in training sessions that followed the incident. Based on his experience and his higher level of understanding, I would believe this would be a very heightened concern. 

KILL THE MESSENGER 

It would be so much easier if airlines would solve the problem, instead of killing the messenger. But when that messenger has nine lives, and the company is running out of options... my advice is don't go to court and air your dirty laundry, just apologize and do the right thing. 

How Many Bullets to Get Rid of a Pilot?

Bullet 1: Section 15 

December 17, 2021 prostan called Phil and reported a pilot complaint. He characterized the entire complaint a nothing more than a "political vendetta/dispute." 

December 18, 2021 Phil was grounded. FedEx immediately put Phil into a Section 15, without rationale. Section 15 is a psychiatric evaluation process that I, too, experienced at Delta for my reporting safety. Funny thing is, unlike my neuropsychological testing and the three-days in Chicago over period of many months, and being dead-bolted in a room with Dr. Altman for the evaluation, Phil's psychiatric evaluation consisted of a singular recorded phone call with Dr. Fred Tilton and a representative from Harvey Watt insurance company. 

December 20, 2021, Phil's evaluation began. 

Phil stated that Dr. Tilton opened with 20 rapid-fire questions without taking a breath. Phil responded by stating, "Doc I can answer questions one at a time, please, pick just one."

That's when Dr. Tilton lots it, so much so that at the end of the this mental health evaluation he apologized to Phil for his behavior. He said something to the effect of "I'm sorry I had to get a little nasty." Phil took it as that was the goal to goad him. So Phil said, "You were just doing your job. Happy New Year." 

January 3, 2022, Phil passed this mental health evaluation. He suspects it was only due to the embarrassment that Dr. Fred Tilton would face to have that audio go anywhere. I haven't heard it yet, but I will at the trial and therefore it will find its way to Youtube. I suspect, based upon what I've been told, that this call may indicate that the doctor was a screaming banshee and the patient was composed. Hard to make an adverse diagnosis when that happens, even if the company is paying you to do so. These retaliatory evaluations are conducted by bought-and-paid-for doctors. Medical Fraud Abuse is living practice.

They were expeditious in this process for Phil compared to my evaluation process. My process was 18 months, whereas Phil's was only 16 days. 

SECTION 15 FAILED

When bullet 1 misses, bullet 2 is ready to be fired!   

Bullet 2: Section 19

January 4, 2022 Phil received disciplinary action. When the Section 15 failed to do the job, FedEx placed Phil on disciplinary action the very next day. Now, the fact that they have nothing to discipline him for, but an unverified report, they needed to create something. 

FIND DIRT

FedEx found three first officers to write a complaint, "after" he was placed into disciplinary action of which they stated in their letters, "per your request" indicating these were solicited reports. Then these pilots used the same wording in each of their reports. I am most certain that these boys will find themselves in management one day, and the judge will smell a rat. Regardless, this wasn't enough. 

Fleet Captain Kevin Whearty was already conducting a "lookback." This is the same tactic Delta uses on their pilots. This is also the same chief pilot that Phil reported to regarding weight and balance concerns. 

David DeBerry provided Whearty a background. He stated, "Let me know if this is what you're looking for on Phil Seubert, I can did a little deeper if needed." 

Phil had no training failures. He had no violations. The only issues in his life were tragic. His fiance had died a year before this all began and on May 19, 2021 his son was killed. When his son passed he had to argue with the company to keep his assigned vacation in order to grieve and be with his other children. 

Phil had worked for Delta back in the day, and had left in 2006. So they went deeper, and the hunt for dirt moved to Delta Air Lines. 

Apparently Delta has not learned their lesson after losing my AIR21 trial and losing their subsequent appeal, because they are now helping FedEx to do the same thing to a pilot for reporting safety concerns. There are some missing pieces to the chain of emails. I suspect the request came via a phone call, or perhaps they withheld documents in discovery as Delta did in my case. Either way, this is what we know:

On January 31, 2021 the email exchange began as the result of the Delta search. 

Delta Air Lines Fleet Captain Bill Thurber wrote to Delta Air Lines Managing Director of Training, Rich Kaynor: 

Subject line: FedEx. Instructor Phil Seubert Mystery Solved. 

"Hi Rich, Doug Howard's Phil Seubert did indeed have a chapter with our Company. His personal record is below; I have no idea why he left us. From his PQIS file I see a quick run through the 767B seat with subsequent categories in the 737B and M88B seat. I do not see a CAGS nor POI code on his record."

Rich Kaynor forwards this information to Sarah Howard and simply writes, "Interesting...."

Sarah howard forwards this information to Doug Howard, and writes. 

"He was a Delta line pilot for 5 1/2 years but was never in the training dept. There's a story there for sure but who knows what it was." 

Sarah is not using a FedEx email. Is she Doug's wife? Is she trying to keep this off the record? I don't. But I am happy to clear up the big mystery. While their subject line say's mystery solved, I think there is some confusion as to why he left. 

Leaving Delta Mystery

Rich, Bill, Doug, and Sarah, the "story" and reason Phil left Delta was that he had only 5 years invested, more than enough time to see the culture and the writing on the wall with company mismanagement. At the time Delta was headed in the toilet. Delta had even filed bankruptcy in 2005. He viewed FedEx to be a better career life match for longevity. Any pilot would think that was a no-brainer career shift. 

FIND DIRT FOR DISCIPLINARY ACTION FAILED

When bullets 1 and 2 miss the target, they fire bullet 3. 

Bullet 3: HIMS

ALPA tells Phil he will be terminated immediately if he doesn't enter HIMS (The Alcohol Substance Abuse program). Bill Tenner, from the FedEx HIMS program reached out to Phil via text messages. He and Phil met for breakfast, at which time Bill attempted to sell Phil on the HIMS program. 

Phil said, "The problem is,  I don't drink."  

Bill responds, "That doesn't matter. Exercising too much can be an addiction too."

Bill Tenner

One of the many issues with the HIMS program is that the reason a pilot drinks is not addressed. Just removes the crutch if that is the reason. If you replace one crutch with another, such as food for alcohol, you're simply eating your feelings no longer drinking them. A heart attack ready to happen. The very reason we need two pilots at all times. But often pilots commit suicide in this program. The chair of Delta's HIMS program did just that. 

The second reason I have issue with the HIMS program is that airlines use this program as a tool of retaliation, not unlike Section 15, to rid itself of pilots. They place you in the program and administer a non-FDA approved Dry Blood Spot (DBS) PEth test that is known to produce false positives... career over. This is what happened to Delta Captain Ratfield as a form of retaliation. The reason to put her in HIMS because she was "raped" is almost more ridiculous than putting a pilot in the program who doesn't drink. 

Furthermore, does anyone think that telling a pilot who doesn't drink that the HIMS program is his get out of jail free card because he exercises too much?

The HIMS program is a free ticket to termination,

via a connection through hell.

Warning to Pilots

CONVINCING PHIL TO JOIN HIMS: FAILED

When bullets 1, 2 and 3 miss, fire number 4! 

Bullet 4: PATH

They failed the Section 15, couldn't get dirt from Delta, he refused to into the HIMS program, what could possibly be next? "PATH" 

May 2022, Kandy Bernskoetter reached out to Phil to get him into the PATH program: 

"PATH is available for pilots seeking 

physiological,

psychological, or

medical assistance."

Phil has only been seeking fixes to the maintenance problems that could have been catastrophic on multiple accounts. I know Kandy. She assisted connecting me to some pilots during my research, after I was cleared. However, during my event, unbeknownst to me, she had reached out to her counterpart at Delta, Mark Pinsky, to ask about my being diagnosed bipolar. FedEx appears to have an open door with Delta when they are snooping into a pilot's life.

She told me that she did not believe that could happen later in life and asked Mark Pinsky. Mark said, "Yes, it can. Ask my sister, she's a psychiatrist." Then Mark put Kandy on the phone with his sister the psychiatrist who told Kandy why I could be bipolar later in life.

I'm uncertain if Kandy knew at the time that ALPA legal had been trying to convince me to go to Mark Pinsky's sister as the final and binding doctor. I had refused because of a conflict of interest, a violation of the contract and those little hairs were standing up. Kandy did not share this information with me until after I was cleared and returned to work. Therefore I dodged a bullet on my own. I later asked her to testify. She refused. I told her I planned to subpoena her, and she became livid.  

Kandy Bernskoetter

Now Kandy is encouraging Phil to go down the mental path in another manner, on his own, despite a clearance during his mental health evaluation, followed by his refusal into HIMS due to his lack of alcohol consumption. 

CONVINCING PHIL TO JOIN PATH: FAILED

When bullets 1, 2, 3, and 4 end up in a brick wall, fire bullet 5!  

Bullet 5: Threaten IRS Action

ALPA is now agitated and threatening. Why do they care? Good question. Phil has gone non-qual; therefore, he doesn't need sick leave, he can't fly because of the company having pulled him. They have to pay him. However, ALPA is pissed he's not using up his sick leave. They threaten him with the IRS because they assert he is not filing his taxes properly. I faced the same issue (less the IRS threat). Delta made me use not only my sick leave, but vacation too. I should have been as smart as Phil, because I was non-qualed and did not have to use my sick leave or vacation. The judge, however, made Delta reimburse me for vacation and the sick leave was a use it or lose it option. 

For Phil, and me, ALPA would not make any effort to find any discovery for the pending grievance hearings. How far will this go? 

THREATENING THE IRS: FAILED

When bullets 1, 2, 3, 4 and 5 miss, let's go for number 6, the final round in the chamber.

Bullet 6: The Hearing

Throughout all this time, Phil had never seen a written complaint. He asked ALPA over and over again. He then goes out on disability due to sleep issues. Clearly exacerbated by the stress of this ongoing attack. Not only from the company, but the knowledge that ALPA is helping FedEx, not him.

The letter of complaint finally arrives. But not to Phil, to Captain Sid Graham, 767 Chief Pilot. He received a copy of the complaint on August 4, from Captain Whearty, who received his copy from Veronica Swink. Whearty says, "Thanks Roni" and passes it on. 

Captain Sid Graham

(Any relation to Jim?) 

"Crapping In My Pants"

Sid's response, "Kevin, If I received an email like this with this level of detail I would be crapping in my pants! Shock and awww." 

Phil did not get to crap in his pants, because they had been blocked him from FedEx email. He never received that email. But, one would think a letter of this magnitude detailing his pending grievance hearing and the complaint, that would be held on August 13, 2022, would have been presented to him in a timely manner. Well, at the very least before the hearing. 

Captain Phil Seubert was finally invited to his own hearing on September 3, 2022, three weeks after the hearing date of August 13, with a FedEx delivery. While the company manufactured past events in this document, if any event they alluded to in their final hour attack were true, they were required by law to address those events at the time of occurrence if they impacted safety, or were in fact a violation of any kind. Not 1-2 years later, after they fired 5 bullets to get rid of him. 

Fighting Back with 

AIR21

and Attorney Lee Seham

Lee Seham

There is nobody that understands labor law and the AIR21 statute better than Lee Seham. Phil is in good hands, and is scheduled for trial in November. Precedent has already been established that a psychiatric evaluation is retaliation. I think we should create precedent the many other ways they tried to get him as retaliation, too, such as the HIMS program, digging up dirt with another company, requesting reports "after" the pilot was placed in disciplinary action.  

Phil meets all elements of the AIR21. Why are they going to trial? Perhaps the same reason Delta did... ignorance, ego, insurance paying their fees and a war of attrition. Like bad gamblers, they could not walk away from the table even though they lost with each flop of the cards. I hope that the board of directors at FedEx will understand that Airlines should invest in fixing their equipment, verus attempting to rid itself of pilots who report safety concerns. There is an amicable solution. But, if they go to trial, we'll have the courtroom full. 

A month before everyone's bidding schedule, I'll provide the date and time of this trial. These are public trials and the public is invited to watch. 

If you haven't signed my petition yet, please do so: 

AIR21 Petition 

Until we slap punitive damages on these airlines and hold all individuals involved accountable, airlines will continue to persecute pilots for reporting safety. Until we eliminate the RLA, ALPA will continue, pilots be damned, to use the arbitration process to rid itself of pilots airline management wants gone. 

Enjoy the Journey! 

Dr. Karlene Petitt
PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727

Luck and the Arbitration Process

Justice Be Damned!

Years ago a young attorney defended a pilot at an arbitration. The case was so-so, but he won. Then this attorney came up against the same arbitrator on the next case, and that case was not that strong either, but he still won. Then, he finally had case with a pilot so strong there was no way he could lose. This pilot had all the facts in his favor. As it turned out, the attorney was up against the same arbitrator as the previous two times.

They greeted each other, and then the arbitrator said, "You do know, you're going to lose today."

The attorney said, "But you haven't even heard the facts, and we have a very strong case."

The arbitrator said, "You don't understand. Today is your 'turn' to lose."

Arbitrators are Businessmen

It's been said that arbitration is another form of prostitution by figuratively screwing someone. But instead of pleasing one person, arbitrators are paid to please two. These businessmen and women dance a fine line and determine whose turn it is to win. If they don't do what their bosses say, they're off the list. If the Airline controls the union, as with Delta and ALPA, the results are evident. Let the little cases go to the pilots, but those that have associated lawsuits must go to the company. Sometimes the arbitrator doesn't have to think very hard to figure who to rule for.... they just need ten minutes. 

Arbitration has nothing to do 

with Justice for the pilot 

In the article ALPA the Puppet, Delta the Puppet Master I provided an overview of how ALPA worked with Delta in effort to remove me from duty. The events of my case can be found in the Seattle Times, if you missed it. In the ALPA post, you'll see the multiple times Delta went to an extraordinary effort to engage Arbitrator Carol Wittenberg. Not once. Not twice. But three times! The third time being a binding mediation. 

Carol Wittenberg

"Once is happenstance. 

Twice is coincidence. 

Three times is enemy action."

Ian Fleming 

After trial, awaiting the ruling I finally was able to take my grievances to hearing. My goal was to hold the company accountable for the many ways that Delta violated the contract in this process. Below is the list of violations. At each point, I could have filed a DFR because ALPA was participatory in, or knew of, all actions. Instead, I decided we would ensure that this never happened again. I gave ALPA the chance to redeem themselves.  Huge, huge mistake. 

List of Violations:

1. The Company compromised the Section 15 process by selecting Dr. David B. Altman to participate in the pre-Section 15 determination process and, thereafter, allowing Dr. Altman to participate in the post-Section 15 process notwithstanding the clear conflict of interest; 

2. The Company and Delta DHS Dr. Thomas Faulkner selected the CME prior to the DHS and the ALPA Aeromedical advisor, currently identified as AMAS (Dr. Riccitello), conferring to the choice of the CME in violation of Section 15 B. 4.;  (We later learned Puckett Selected Altman, and advised Falkner.)

3. The Company [Puckett], and/or DHS Dr. Faulkner, selected the CME six weeks prior to the DHS’s required initial assessment to determine if there was a reason to believe I may not meet the physical standards in violation of Section 15 B. 1. c.; 

4. The Company provided the CME my safety report and a link to my blog one week prior to my being placed into a medical evaluation; the aforementioned documents were not medically relevant and, therefore, the furnishing of this information constituted a violation of Section 15 B. 6.; 

5. The Company provided the CME a 4 lb. notebook of documents that were not medically relevant in violation of Section 15 B. 6., prior to Company Labor Relations attorney Puckett and Captain Phil Davis spending 10.5 hours discussing this non-medically relevant information with the CME; 

6. The Company invited the CME to multiple meetings as a participant in the decision to place me under a Section 15 in violation of Section 15 B. 3., and subsequently paid him $74,000 for his review, when the average mental health evaluation is $3500. 

7. The Company authorized the DHS to provide the FAA the CME’s diagnosis and full report prior to the Neutral Medical Examiner (NME) evaluation, contrary to the PWA instruction that the CME will not report his determination until the completion of the NME evaluation, in violation of Section 15 B. 7. b. 

8. After the Company authorized the violation of Section 15. B. 7. b., where the DHS provided the CMEs medical report to the FAA, the subsequent FAA medical appeals evaluation overruled the CME’s report, yet the Company denied the return to duty, despite the FAA appeal procedures in violation of Section 15. B. 8. g. 

9. The Company offered Dr. Gitlow—a forensic psychiatrist retained as the Pilot Medical Examiner (PME)—a more lucrative contract with the conditions that Dr. Gitlow would not participate in my evaluation if he were to work with Delta. This interference is in violation of the selection of the PME Section 15. B. 8. b.; 

10. The Company advised the CME, “I would emphasize is that ultimately picking an NME is your call” in violation of the PWA requirements of a mutual agreement between the CME and PME, Section 15. B. 8. d.; 

11. The Company allowed for and encouraged an extensive delay through its overt participation and proffering an enormous amount of non-medically related information to the CME, that delayed the CME diagnosis for nine months; the Company also delayed the acceptance of NME’s confirmation on September 2, 2017 until September 26, 2017, both violating the PWA requirement that the review be conducted as “expeditiously as possible” Section 15. B. 10.; and 

12. The Company was required to convey to the CME that the pilot be provided with a written notice of the CME’s determination in addition to an expedient process. However, the Company was notified of the false bipolar diagnosis in October, 2016, yet the CME did not provide written notice until December 24, 2016, in violation of Section 15. B. 7. a., and Section 15. B. 10.

October 15, 2019, the day of my arbitration hearing, I noticed that Delta's counsel Jeff Wall had all the binders from the AIR21 trial. I voiced my objection to my ALPA attorney. This grievance was not about my AIR21 case. I told my ALPA National attorney, Jeff Loesel, I would not proceed if these were to be used. In response, Loesel objected to these documents at beginning of the hearing. He made it perfectly clear that the reason they put me into the section 15 was not at issue [I had dropped that grievance two years earlier]. Jeff Wall agreed! Arbitrator Wallin agreed. This was not about the AIR21. 

Delta also had in their possession, emails between myself and ALPA legal. I challenged this. Loesel agreed it was a violation of confidentiality, yet nothing ever came of that. 

I later learned that the assertion and agreements between all parties about abstaining from my AIR21 case, was only so I would continue with this grievance hearing. ALPA and Delta, with the help of the Arbitrator, were setting me up and needed this process to continue. 

Attorney Jeff Wall

At the opening of the grievance hearing Jeff Wall stated:  

"This proceeding here, in the view of Delta Air Lines, is not a proceeding in which the Association and Delta are necessarily opposing parties.

 First Officer Petitt has repeatedly criticized, and I would suggest even defamed representatives of the Association, including representatives of the national organization for ALPA, local counsel for ALPA, and other ALPA representatives, including what’s known as AMAS, of ALPA Aeromedical."

Jeff Loesel (Jeffrey.Loesel@alpa.org) my National ALPA attorney remained silent. He did not object that ALPA and Delta were not opposing parties! His silence told arbitrator Gerald E. Wallin that he agreed with Jeff Wall and that Delta and ALPA were in this together against me.

This little old man [don't be misled by the photo... he's aged] stared at Jeff Wall while he spoke. He turned his head and looked a Jeff Loesel for a response. Loesel sat there with a  blank stare, lips closed. 

A very old Photo of Gerald E. Wallin

jjwallin@usa.net

Arbitrator Gerald Wallin then immediately requested a "ten minute break" in the proceedings to:

“Sit here and think about things for a while.” 

I guess for some, it takes ten minutes to understand the obvious. But then again, Wallin only charges $2250 per day so he could be a little slower than most. Arbitration is a very lucrative business. 

After his ten minute break, Walliln returned to my hearing and ended it without any evidence being presented. He claimed I was time-barred on all the grievances. Hmmm. Would ALPA have even proceeded if that had been true? But, he then asserted he would think about proceeding and determine if we could continue. I waited for months, calling ALPA, emailing often, and heard nothing. Until I did, from Delta. 

On March 3, 2020, Delta filed a Motion to Admit New Evidence of the Arbitration Award and Motion for Brief Stay of Proceedings.  Attached was a System Board of Adjustment (SBA) opinion and order dated January 27, 2020 and, contrary to standard practice, was signed by only the company representatives and the Arbitrator. Delta claimed the “newly issued award” rejected my theory that Delta’s initiation of the Section 15 process was in retaliation for my reporting alleged safety issues. They asserted that collateral estoppel prevailed because Delta won the grievance, therefore our nine-day trial didn't count. 

How could that be? My grievances were not about causation, only the violations of the contract. And ALPA asserted they didn't know about this. Something was amok. 

The Opinion Letter

Wallin asserted the grievances before him were untimely. But that was not the first thing he said. He asserted that Delta won the grievance that I had dropped years earlier. The same grievance that all parties agreed would not be discussed at the hearing regarding the AIR21. He said the 2016 Graham decision, the perpetrator who played judge in his own actions, was final and binding with respect to the issue of the Section 15 process because if a grievance is not complete in two years, the company wins. But I had withdrawn mine. That did not matter. Nor did it matter this was not an issue before Wallin. 

The ALPA representatives of the executive board, Captain Ron Hay and Captain Monty Montgomery, were sitting at the table on October 15, 2019 when Jeff Loesel emphasized my concerns that the proceedings must not touch the AIR21 complaint in any manner. Jeff Wall, Delta counsel, and Arbitrator Wallin both agreed any decision regarding the pending grievances would not interfere with the AIR 21 proceeding.  

Therefore, ALPA’s executive board knew the AIR 21 elements were not to be addressed, as did ALPA attorney Jeff Loesel, and they were obligated as system board members and as ALPA representatives to have identified the gratuitous nature of the ruling on a grievance that was not before Wallin. Captain Ron Hay and Captain Monty Montgomery, the ALPA board, allowed the language to remain. Typically these boards allow the ruling to go through, but they have the ability to change the language. Shame on those two pilots. 

My ruling did not come out in May 2020. And while it did not change the outcome, just delayed it until December, ALPA cost me thousands of dollars in attorney fees fighting this. 

"There comes a point in every man's life 

when he has to say: 'Enough is enough.'"

Lance Armstrong

The above quote most certainly applies to women too. I finally filed a DFR. Duty of Fair Representation. These are very difficult to win, most attorneys won't touch them. ALPA knows this. If you can get to a jury, you win. But the trick is getting there unless you have a recording stating your union won't represent you. This is the problem: Your dues pay for the legal counsel. Granted you don't get a choice who that is. But, it's technically your fault if you employ an incompetent attorney. And incompetence versus lack of representation is subjective in nature. 

 "The obscure we see eventually.  

The completely obvious,  

it seems, takes longer."

Edward R. Murrow

ALPA is the only union 

Delta allows on its property 

The reason the government created the AIR21 statute is because because "safety cannot be in the hands of a businessman". If the government knows that the RLA arbitration process is a negotiated business affair, of which safety cannot be part of, then why is the pilot career subject to such fraud and manipulation?

When the AIR21 law was enacted, I believe that it was designed for "show" only, and airline executives allowed it into place because the law doesn't hold anyone accountable, has minimal financial consequences, with minimal protection for the employee. The law opens the door for abuse and a war of attrition against the employee. I am asking everyone to please sign this petition to change the law.  We can fix this, but I need your help. 

I filed my DFR and that has become another story of the legal system... 

Until then, 

Enjoy the Journey

Dr. Karlene Petitt
PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727