Safety Concern with New Pilots

Due to the Airline/Pilot Contract

Within a union, an employer must have just cause to discipline or terminate a pilot. Union employees cannot be terminated for just anything... unless, of course, they are on probation. 

Probation is a historic contractual agreement between management and pilot unions that enables pilots to be terminated for anything. Probation prohibits a new-hire pilot to speak out with safety concerns. These pilots will not report fatigue, will not argue they don't have enough fuel, will not stand up to a manager who is violating federal regulations, will not deny a trip due to bad weather, etc. This contractual clause states a probationary pilot can be terminated for anything during that period. Typically, probation lasts a year. With massive pilot hiring ongoing due to the Covid induced early retirements of those senior and most expensive pilots, there are thousands of new pilots flying today who will not necessarily do the right thing but will do what it takes to avoid discipline and termination.

The probationary clause not only impacts safety, 

but violates Federal Regulations. 

Safety Management Systems (SMS) is "the formal, top-down, organization-wide approach to managing safety risk and assuring the effectiveness of safety risk controls. It includes systematic procedures, practices, and policies for the management of safety risk." (FAA) An SMS must have foundation built upon a strong safety culture.  A key aspect to Safety Culture and thus SMS, is a reporting culture. If pilots are required to stay silent for a year, there is no reporting culture. This process forces pilots to operate in fear and places passenger safety is at risk. The only reason to terminate someone without just cause is for personal and/or retaliatory reasons, something other than job performance. Probationary pilots need the same protections as their senior coworkers to perform their jobs safely. 

SMS was implemented to mitigate risk and improve safety. Yet, the probationary clause does just the opposite. Any contract that places a pilot, flight attendant, or mechanic on probation is in violation of Federal Regulations and places passenger safety at risk. 

Unions and airline management, 

it's time to update your contracts

to comply with regulatory requirements.

Passenger Safety demands it!

Enjoy the Journey!

XO Karlene 

Punishment and The Law

 A Failure in the AIR21 Statute

AIR21 is known as the whistleblower law for airlines. Most recently, because of the cover-ups at Boeing and the ensuing MAX crashes, aircraft manufacturers were brought into the AIR21 statute to protect those employees as well. But how effective is this law? While it appears that employees are protected, in truth, the AIR21 statute enables employers to retaliate with minimum risk to their bottom line and zero accountability.  

I wrote a proposal to change the law, yet it has yet to make it onto an aviation bill. Hopefully that will change soon. Of the many changes I am proposing, one is to award punitive damages. Currently the AIR21 statute only provides for compensatory damages and not punitive. This is a huge oversight to the effectiveness of the statute.

Compensatory damages are awarded for pain and suffering, which are subjective. Typically, the amount an airline employee has been awarded in an AIR21 case is $50,000. There have been exceptions with one award of $100,000 and another most recent award of $500,000. Unfortunately, the $500,000 award has been challenged by the Administrative Review Board (ARB).

The ARB has confirmed the company violated federal law with high-level executives’ knowledge and involvement. Those executives paid a doctor $74,000 to give a pilot a false medical diagnosis. That doctor even forfeited his medical license to avoid prosecution for his actions. However, the executives, in-house attorneys, and in-house doctor who instigated the deception and deceit, by paying the doctor for a false report, are another story. Most of these people have been promoted within the company. Now you ask… how could any of this occur in todays world? How could any judicial body challenge an award, asserting under these Godforsaken circumstances that the pilot did not suffer enough for what transpired? The company’s appeal likely cost more than $500,000.  

The door to that case is not closed. The ARB compared the pilot’s pain and suffering to a manager at the Georgia power company who was awarded $250,000 back in 1989. The equivalent to those dollars in today’s market is approximately $465,000. Yet, the question must be asked, why aren’t punitive damages also allowed for AIR21 complaints? They are in other statutes. 

Punitive damages, also known as exemplary damages, are an award of money over and above compensatory damages. The purpose of these damages is to punish for violations in which respondents are aware that they are violating the law or where the violations involved egregious misconduct…  

Punitive damages are awarded when the respondent’s conduct is motivated by evil motive or intent, or the conduct demonstrates reckless or callous indifference to the federally protected rights of others. In determining whether to award punitive damages, investigators should focus on the character of the respondent’s conduct and consider whether it is of the sort that calls for deterrence and punishment over and above compensatory damages. (Whistleblower Manual pg 143).   

Punitive Damages are

NOT allowed in Air21 claims!

Believe it or not, the very law that is designed to protect the traveling public has no teeth to protect those who step forward. AIR21 is a statute under OSHA. And OSHA allows for punitive damages for other statutes, just not for the AIR21 statute. Ironically, those employees that are protected with punitive damages include: Federal Railroad Safety Act Whistleblower Protection Provision (FRSA), National Transit Systems Security Act (NTSSA); and Seamans Protection Act (SPA). These statutes allow for punitive damages for egregious and illegal behavior. But not in the airline industry. Why not?   

To put this in perspective… travelers by sea, the railroad and the transit system are protected because employers are less apt to retaliate against employees for bringing forth safety due to the availability of punitive damages, more than those passengers flying on an airliner. Airline employees, and now aircraft manufacturer employees, despite the law, are silenced daily. They will continue to be silenced unless this law is changed.  

In those other statutes, punitive damages are awarded "when a management official involved in the adverse action knew the adverse action violated the relevant whistleblower statute before it occurred, or the official perceived there was a risk that the action was illegal but did not stop or prevent the conduct."  (Whistleblower Manual pg. 144).  

However, in the airline industry even if top level management such as a VP or SVP of flight operations were the very people who retaliated against an employee, and the CEO sat on the sidelines watching and did nothing to stop it, there are still no punitive damages, despite the egregious and illegal behavior of those airline executives. Grounding of a pilot that may last for years, or termination of a mechanic or flight attendant is unconscionable.   

Imagine a young man with a family to feed, a mortgage to pay, and he loses his job because he refused to sign off an un-airworthy aircraft. Without an income how does he employ an attorney? Attorneys cannot take these cases on contingency. Not only is there no endgame reward, but the employee is only awarded “reasonable” attorney fees, not necessarily all they incurred.  Whereas the airline can throw any disgusting amount of stockholder profits to outside law firms, even if they have an indefensible case. How does an airline hide money they pay to a doctor for such corrupt actions from the stockholders? They itemize the doctor as a “vendor”. How does an airline hide money for attorneys in such cases? That is simply a business expense. What recourse does an employee have?  

Imagine a pilot who was unjustly removed from duty for 2 years. Then spent six-years of pain and suffering while fighting for his career, fighting for justice, battling the stress that consumed his health and the health of those that he loves. Legal fees well over the half-million dollars continued to accumulate. Not knowing if he will ever get his attorney fees returned. Mortgaging his home and selling another to finance the challenges. Then the administrative review board (ARB) confirms that top level executives’ behavior was egregious, and they were guilty of federal violations. Yet, this body determines the employee did not suffer enough to deserve the compensatory damages that had been awarded. However, if punitive damages were allowed, legally they would have been the highest level based upon the facts of the case.  

Now imagine that pilot was a woman, and a HIMS AME (FAA doctor) told her that airlines buy doctors and it was “a dirty business” they all knew about. That her airline had attempted to engage him, but he could not be bought, only silenced. The company went elsewhere. He then tells her that all the doctors are talking about her. He also wrote on an aviation social media platform that the pilot is medically unfit to fly, and she only returned to the airline because she was in bed with management. How much pain and suffering must a pilot endure?  

Furthermore, do you believe that if an airline spends millions to destroy a pilot, loses in court, and then loses their appeal as well, and they are only slapped on the hand with limited compensatory damages, that this law will deter them for repeating their illegal behavior? I don’t think it will. While the AIR21 statute does not limit compensatory damages, those subjective views can, and to the detriment of safety and pilots willingness to report.   

Does Anyone Actually believe

if Boeing knew they would only be accountable

to $50,000 in compensatory damages

that the outcome of the MAX issue 

would have been any different?

The AIR21 Law could simply be a placebo for the traveling public and naive employees who think they are protected. Granted this is all we have. However, one might think a pilot would be crazy to take on an entire airline with the entire executive force involved, all the way up to the CEO, as well as the knowledge of the Board of Directors. Add the FAA administrator into that mix.   

What I have learned about this law and perhaps the legal system in general, is that even when you win you lose. Because, without punitive damages the airlines and manufacturers will continue to play their illegal games, working around federal regulations, and threatening employees who have no real protections if top-level management is involved. When those very people who are proven in a court of law have committed federal violations that impact passenger safety, are allowed to be promoted or continue on status quo who does the pilot turn to?   

The fight for justice is not over.

Law school is in my future,

as is the change in the AIR21 statute.

Your safety demands it. 

Enjoy the Journey!

XO Karlene 

Good and Evil

Question of the Day: 

“If the love of money is the root of all evil – 

what is the root of all good”?

Today I received an email and was asked the preceding question, with the following statement:

"Current events, both professional and political, might be providing a level of authenticity towards finding the answer. Flight for Discovery also offers some clues."

Get your copy today and find the clues,

Then you can answer the question:

What is the root of all good and does it exist?

I'm thinking that it might not. 

Enjoy the Journey

XOX Karlene 

The Pilot Shortage

 Is it a Planned Event? 

There are many pilots motivating kids to join our much-loved profession. I being one of them. However, my fear is that these young people won't have a job by the time they reach their dreams. The pilot shortage was not an overnight event, but has been a process in the works for many years. At the end of the day, I predict the FAA will state, 

"Due to the pilot shortage, highly advanced aircraft, and the implementation of NextGen we don't need a full crew complement. In response to economic interest and the requirement of the traveling public four pilot crews are replaced by three pilots, three to two, and two to one." 

Thus far, my predictions have been more than accurate. I believe, eventually there will only be one individual on the aircraft monitoring the automation. Airlines, supported by the FAA, will use the thousands of ASAP reports to prove that pilots make errors and automation is much safer. Far from the truth. If ALPA and other pilot unions don't start taking this threat seriously, we may not have any pilot jobs in the future. 

I often receive emails from pilots from other countries wanting to fly in the U.S. They are hopeful that the U.S. government will make this happen due to the pilot shortage. Unfortunately, the facts reveal that the government may have been helping to drive the pilot shortage in order to support NextGen and the removal of pilots on behalf of airline management.  Some may think that assertion is a plot point in a novel. Yes it is, but the truth is, my novels reveal industry goals and associated actions. 

Due to the delay of NextGen, the industry is behind schedule and feeling the pain of the agency-induced pilot shortage. Then airlines retired too many pilots due to Covid, that exacerbated the problem. Despite the billions of dollars provided to U.S. Airlines, airlines are crying a pilot shortage because they did not plan. Or did they?. Even SkyWest attempted to cut service. While the industry is not ready for the fully automated aircraft to take over, it's coming. 

Over the previous dozen years the evidence has been presenting itself piece by piece. It's nothing short of a puzzle that when enough pieces are put into place the picture eventually unfolds. I believe we are there. 

The FAA asserts that they instituted the 1500-hour rule because of the 2009 Colgan Air crash. That is a false assertion, and was nothing but marketing propaganda. That crash did not occur because of either pilot's lack of flight time. That crash was due to poor training and lack of understanding that resulted in poor performance with fatigue involved. It was also the prologue of my first novel, Flight For Control for a reason.  

Increasing pilot flight hours was in the works far before that crash occurred, and was later used as an illusion that the FAA was taking action to solve a problem that served their goals and pacified the Colgan Air families. Thus, the pilot shortage began when young people realized the expense and difficulty to obtain their goals of becoming a pilot with that lofty hourly requirement. Ironically suicidal pilots were introduced in this first novel, and later the Germanwing's crash occurred. Who would have known how that plot point would come full circle... but it did in Flight For Sanity.

The FAA approved "train to proficiency" with AQP (Advanced Qualification Program). One of the mandates with AQP was training as a crew concept. Meaning, AQP required the Captain and First Officer to train as a crew because 50% of that training was to be the pilot non-flying duties in their respective seat. The FAA knows that highly automated aircraft incidents and accidents are due to communication errors that could be mitigated by line-oriented training. But the FAA has never enforced the respective seat requirement. I believe they may have  dropped it altogether. Train to proficiency means that airline's save money on training that may be less than sufficient, as identified by an astounding number of ASAP reports.

Flight For Safety identifies inadequate training, highlighting an incident that was exactly like the events that brought down AF447. Who would have known that AF447 crash would become a thread in all the ensuing novels that would ultimately identify the corruption of the FAA, that becomes part of the newest novel Flight For Discovery. The FAA had more than a dozen ASAP reports that identified the exact problem that brought down AF447 and killed 228 people. There was no training and no fix until after 228 people died, despite their knowledge through the ASAP program. Not unlike the MAX crashes. 

As we will learn in the next novel, Flight For Justice, a Federal Judge who was once an FAA prosecuting attorney is extremely disappointed in the ASAP program because the incidents are on the rise and fixes are at an all-time low. I do not believe this is a coincidence.

With all that was occurring in the aviation world, I decided to increase my knowledge and began my PhD at Embry-Riddle Aeronautical University. What I learned was both interesting and frightening,  I presented my research in a non-fiction book: Normalization of Deviance, a Threat to Aviation Safety.  I also learned about Safety Management Systems (SMS). Transport Canada implemented SMS in 2000, and ICAO's requirement began in 2006. Not until 2015 did the FAA make SMS an FAR Part 121 regulation, with full compliance mandated by 2018. A requirement of SMS is to train all employees on SMS.  

If you ask a pilot what SMS is, and they believe it's an acronym of a component of the aircraft or a messaging system, then that airline is not in compliance. This testimony comes to light in the next novel, Flight For Justice. However, Flight for Survival was the novel I wrote during my advanced education, highlighting areas of industry concern focused on Safety Culture and SMS and how that applies to pilot training. With a little drug smuggling on the side. 

Retaliation of a pilot bringing her concerns forward found their way into Flight For Sanity, that resulted in Darby being grounded for two years in a corporate effort to silence her. We learn about the Whistleblower Law, AIR21, in Flight For Truth, and the real-life challenges of any pilot who is retaliated against for safety concerns, calling in fatigued, or concerned about training. 

The MAX crashes and the FAA's lack of oversight became part of the newest novel, Flight For Discovery, as did the AF447 crash. SMS requires a positive safety culture. And when airlines or manufacturers can retaliate to silence employees, we have a problem. The AIR21 law is not solving that problem because it's nothing more than a slap on the hand for management. But that doesn't stop Darby Bradshaw to hold them accountable. Sadly, when a female pilot is raped, we learn how airline management and their union, ALPO, utilizes the HIMS program to retaliate and control pilots in their effort to improve safety. 

The pieces to this puzzle are forming the picture. The pandemic allowed airlines to retire the vast experience at the top of the airline, despite the billions the government gave them to survive, but still resulted in the perpetuation of the pilot shortage. However, the plot thickens when you look at who was involved in the real life events.

There was one FAA administrator who implemented the 1500-hour increase. He denied mental health testing for pilots overall, but then still allowed airline managers to use those tests in retaliation to remove pilots--despite his assertion of the tests not being effective. He was also the administrator during the lack of oversight for the MAX development, and he left office 6 months before the first crash. His administration failed to enforce AQP as mandated by the regulation. Yet, while he implemented SMS he failed to enforce that as well. Where is he now? Rumor is, he sits on the Board of Directors of one of the airlines he served, when he was an administrator. 

ALPA has chimed in to assert they support "Two pilots always on the Flight Deck". The union is also against reduced crew operations. However, I am uncertain if ALPA realizes that they could be part of the problem by not advocating for greater proficiency through improved training that would reduce ASAP reports.  ALPA could mandate proper crew complement during training by ensuring a Captain is paired with a First Officer. They could also mandate duty time limitations, to reduce fatigue, which the FAA is currently looking the other way while pilots are on duty for up to 20-hours and calling it a "workaround" on behalf of the airline. Clearly any workaround of an FAR is in violation of SMS. How is it possible to mitigate risk, the primary goal of SMS, if you don't honor the very regulations designed to reduce risk? 

Despite what ALPA is or is not doing, the fact is, no FAA representative is allowed to take money or a reward of any kind from any airline--so says the law. I believe a delayed payment if the form of a board of director's position, after retirement from the FAA, is in fact taking money for having created rules and regulations that served the airline's bottom line versus improving safety. You'll love the prologue of the most recent novel, Flight For Discovery. 

We have a challenge ahead, and I invite you to

Please join me to...

Inspire the future generation of pilots! 
To grow the industry that we love! 

To ensure the next generation of pilots have 

a safe and productive career! 

"Nothing is impossible, the word itself says

'I'm possible'!"

Audrey Hepburn

If you haven't read the series, it's time before Justice arrives! 

Enjoy the Journey!

XO Karlene 

Inspire the Future

Share Your Passion

"The act of promoting Aviation to the younger generation is invaluable." 

Aidan Lally

Aidan Lally 

Raéd Alexande coordinated an online Career Day and was looking for guest speakers. While I was on a plane that day, I posted the request to help find others. Career Day was on March 11, 2022 via Zoom and was a huge success. Two of the presenters reached out to share their experience. 

Captain Kathy McCullough called and expressed how much fun it was talking to the kids. While Kathy is now retired she is still giving back to the future of a career that she loved. We discussed how events like this make a difference, even if you impact just one student. 

Kathy and Joe Sutter

Then I received an email from Aidan Lally, that he, too, talked to the kids. Aidan is in school at UND to become a pilot and he reminded me of the importance of taking the time to inspire. I first met Aidan in 2018, when he was a Junior in High School and boarding my flight to Europe. As it turned out, my first B777 flight. He introduced himself because he read my my blog and had recognized me. I stopped to chat with him before boarding the plane. He later reached out as a student from UND. Aidan is an inspiration himself and became a Friday Flyer.  

Aidan Lally

Aidan wrote: 

"I saw your blog and LinkedIn post a little while ago re-sharing from Raéd about the 5th grade virtual pilot "Career Day" in Dallas this morning. Just wanted to let you know that I took action from the post and presented this morning to two of the 5th grade classes! Raéd and I got in contact and he got me all set up. Since I'm assuming you're out flying today, I figured someone needed to cover the presentation. I spoke for about 20 minutes on my Aviation career thus far from start to where I am currently at UND. Although it's short comparatively, I think the act of promoting Aviation to the younger generation is invaluable. 

Kind of like when I met you at SeaTac in person for the first time... Seeds are planted along the way that hopefully inspire. I can tell you with certainty reading your blog as a kid had a huge impact on my decision to join pilot family; and for that I say "Thank You!" Hopefully the students this morning were inspired by a variety of presentations that spark a catalyst for the future! Too, I've been reading Flight For Truth recently. Your books never cease to amaze me."

Career Day 2022

Thanks to all the presenters that made this day special, and a huge thank you to Raéd Ayyad from the Texas Pilot association for coordinating this event and making it special for everyone! 

Enjoy the Journey!

XO Karlene 

Monday Motivation

 With Cap'n Aux! 

"Put your heart, mind and soul into even your smallest acts. This is the secret of success."

Swami Sivananda

Ten Years ago...

Cap'n Aux, Captain Eric Auxier, was Friday's Fabulous Flyer and he still is--Fabulous that is! He recently transitioned from a domestic Airbus captain to an International captain flying the Boeing B777 around the world. He's continuing to inspire his passion of flight by sharing his experiences from afar. He's flying, blogging, writing, and inspiring so many young people. 

While Cap'n Aux loves to fly and shares that passion, he too understands the ongoing concerns in our industry.  For this reason he wrote a forward to my newest novel:

Flight For Discovery. 

Then Cap'n Aux featured me on his blog: Adventures of Cap'n Aux.  Captain Eric Auxier and I are of the same mindset--To leave this industry better than we found it. For all those young people that we've encouraged to fly, we want them to have a safe and prosperous career. One that they will enjoy. But we also want to inspire a safer industry for all. 

Thank You Cap'n Aux for all you do for so many!!!

Take a journey to visit 

Cap'n Aux and see what he's up to today! 

Adventures of Cap'n Aux! 

You'll also find him in many places: 

• Email: eric@capnaux.com
• Facebook: CapnAux
• Twitter: @capnaux
• Instagram: @capnaux
• Airways Magazine Online: Capnaux

Enjoy the Journey!

XO Karlene 

Flight For Discovery has landed!

The Books have Arrived! 

Flight For Discovery arrived! This is the coolest book ever. This newest novel in the Flight For series might just be the most intriguing of them all. Intriguing because we discover the depth of corruption with airline management and the FAA, as well as incompetence at the highest levels of management, impacting aviation safety worldwide. 

It's difficult for anyone outside flight operations to imagine how inadequate pilot training is at the airline level (Flight For Safety). It's unbelievable that airline management would retaliate against a pilot for bringing those flight safety concerns forward to senior management (Flight For Sanity). However, after Global Air Line's management removed Darby Bradshaw from the flight deck, she relentlessly pursued the truth in her effort to return to the sky while succumbing to an abusive company-ordered psychiatric evaluation (Flight For Truth). In Darby's pursuit of accountability what she learns should chill the reader as to the depravity of airline management.   

If you want to know how deep corruption runs, and what happens in hotel rooms with a psychiatrist who can be bought, an unethical nail-biting attorney, and an incompetent chief pilot, you'll want to read Flight For Discovery.  

Order your "autographed" copy 

off this blog today! 

(Left column top of the blog)

Flight For Justice 

is underway!

Justice simply takes time...

But at the end of the day

she will prevail! 

If you prefer an Ebook you'll find that on Amazon. 

Enjoy the Journey! 

XO Karlene