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    Default Not Sure Why This Would Be A "Question"

    The Canada Labour Code Part II gives room for a Refusual To Work clause in event of unsafe working conditions. I think a "suicidally depressed pilot fits that descriptor very well.
    ===

    Attendants can refuse to fly if pilot suicidal

    By Andrew Duffy, Canwest News Service March 18, 2010 1:11 AM

    The Federal Court has ruled flight attendants can refuse to fly with a pilot they believe to be suicidally depressed.

    The decision stems from a court challenge from the union representing four Air Canada flight attendants who were told by the airline they did not have the right to refuse their assignments.

    Court heard that on Aug. 24, 2008, Erick Brouillette and three co-workers refused to board a Paris-bound jet after a discussion with Hugh Bouchard, the in-charge flight attendant, who had booked off sick that evening after meeting the pilot.

    Bouchard told Brouillette that on a previous flight, the same pilot had threatened to fly a plane into the Atlantic.

    As a result, four flight attendants refused to work, citing their rights under the Canada Labour Code, which protects employees from workplace danger.

    Replacements were found and the plane departed Toronto, landing in Paris without incident.

    Transport Canada was advised of the situation on Aug. 24 and a federal health and safety officer was dispatched to investigate the circumstances of the work refusal.

    The federal official refused to launch a formal investigation into whether an actual danger existed on the flight and concluded, based on her preliminary inquiry, that the flight crew had no right to refuse work that evening.

    She interviewed the flight attendants, the operations manager and others who knew the captain.

    Aside from the flight attendants, no one else criticized the pilot. They all stood by his ability to do the job, according to the health and safety officer.

    The union representing the attendants appealed the findings to the Federal Court of Canada, which backed the attendants.

    © Copyright (c) The Victoria Times Colonist

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    Quote Originally Posted by MalahatTwo7 View Post

    Bouchard told Brouillette that on a previous flight, the same pilot had threatened to fly a plane into the Atlantic.
    Why wasn't this 'threat' reported as soon as that flight was over? If the attendant though the pilot was serious enough to be a threat then it should have been reported right away.. not the next time they flew together. Seems self-serving to me.. "I don't care about you all or the other 500 passengers, but I'm not flying with him".
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    Quote Originally Posted by voyager9 View Post
    Why wasn't this 'threat' reported as soon as that flight was over? If the attendant though the pilot was serious enough to be a threat then it should have been reported right away.. not the next time they flew together. Seems self-serving to me.. "I don't care about you all or the other 500 passengers, but I'm not flying with him".
    That was my thought too, at which time it would have specifically fallen under the "Right to Refuse" article and something posititive could have been done immediately.
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    Lightbulb More To The Story

    March 19, 2010

    Air Canada dismisses suicidal 'ditch' threat

    By Colin Perkel, THE CANADIAN PRESS

    A judge has ruled that an Air Canada pilot who threatened to "ditch" his passenger jet into the ocean should not have been allowed to take off. (QMI Agency file photo)

    TORONTO — Air Canada is standing by a pilot at the centre of a bizarre incident two years ago in which co-workers refused to fly with him, fearing he was suicidal and accusing him of threatening to ditch his aircraft in the Atlantic Ocean.

    The airline insisted Thursday that the eyebrow-raising circumstances emanating from a dispute aboard a Toronto-Paris flight in July 2008 amounted to nothing more than a minor conflict between staff and a healthy, competent pilot.

    Public safety was never compromised, although the situation, which began as a dispute between the unnamed pilot and chief steward Hugh Bouchard, culminated in a battle in Federal Court.

    What prompted the original conflict remains unclear.

    But according to Bouchard, the pilot threatened to ditch the plane over the Atlantic, saying “he had nothing to lose as he was being fired anyway,” court documents show.

    Airline spokesman Peter Fitzpatrick said the incident was investigated at the time, and that the ensuing report made no reference to the pilot making a threat to ditch the plane.

    However, the report did reflect Bouchard’s claim the pilot had said: “If I lose my job, I have nothing to lose.”

    “This was not a depressed person speaking,” Fitzpatrick said.

    “It was said in the midst of a personnel dispute, and you can easily imagine many scenarios where someone might use this very common phrase, which has many meanings.”

    A thorough investigation at the time turned up no safety issues with the pilot, who is still flying for Air Canada, Fitzpatrick said.

    Still, a month after that flight, four other flight attendants adamantly refused to set foot on a plane headed for Paris captained by the same pilot, based on Bouchard’s concerns.

    That forced Air Canada to scramble a reassembled support crew onto the flight.

    An independent federal safety officer was brought in to probe the work stoppage.

    The safety officer talked to the flight attendants, union representatives, managers and others who knew the pilot, and found only the attendants had any concerns about him.

    The officer then chalked up the incident to a normal workplace dispute, and decided the attendants had no right to refuse to work.

    As a result, she decided there was no need to investigate whether the pilot’s mental state did in fact pose any danger.

    Air Canada, which took the view that conflicts can arise at any time and the attendants should have used the carrier’s resolution process, agreed the pilot posed no threat.

    However, the Canadian Union of Public Employees, which represents the attendants, challenged her findings in Federal Court.

    Judge John O’Keefe sided with the union.

    O’Keefe found the investigator was wrong to conclude the conflict between pilot and steward was a “normal condition” of employment.

    Instead, O’Keefe ruled this month, the investigator should have first decided whether the pilot’s alleged mental state did in fact constitute a danger that justified the attendants’ refusal to work.

    Air Canada said it was not planning an appeal and no disciplinary action was ever taken.

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    “It was said in the midst of a personnel dispute, and you can easily imagine many scenarios where someone might use this very common phrase, which has many meanings.”
    "If you don't get me a F***'n soda I'm going to send this plane to the bottom of the Atlantic."

    I'm pretty sure "threatening to ditch" should not be a "common phrase" among pilots..
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    Quote Originally Posted by voyager9 View Post
    "If you don't get me a F***'n soda I'm going to send this plane to the bottom of the Atlantic."

    I'm pretty sure "threatening to ditch" should not be a "common phrase" among pilots..
    Probably about as common as "If I don't get a raise or promotion real soon, I'm gonna set light to this place."
    If you don't do it RIGHT today, when will you have time to do it over? (Hall of Fame basketball player/coach John Wooden)

    "I may be slow, but my work is poor." Chief Dave Balding, MVFD

    "Its not Rocket Science. Just use a LITTLE imagination." (Me)

    Get it up. Get it on. Get it done!

    impossible solved cotidie. miracles postulo viginti - quattuor hora animadverto

    IACOJ member: Cheers, Play safe y'all.

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    Quote Originally Posted by voyager9 View Post
    Why wasn't this 'threat' reported as soon as that flight was over? If the attendant though the pilot was serious enough to be a threat then it should have been reported right away.. not the next time they flew together. Seems self-serving to me.. "I don't care about you all or the other 500 passengers, but I'm not flying with him".
    How about letting the passengers know so they can make other travel arrangements?Yet another reason why I trust a bus instead of flying.
    There is a bad joke about "What do you get when you hang newspaper clippings that read "Former employee kills supervisor and three others"? Job security.

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