An air carrier pilot was penalized for not violating far 121 pt 471(D).

Attributes
ACN	302681
Time
Date	199504
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : zzz
State Reference	US
Aircraft 1
Controlling Facilities	tracon : rfd
Operator	common carrier : air carrier
Make Model Name	B727-200
Operating Under FAR Part	Part 121
Flight Phase	ground : preflight
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : atp pilot : commercial
Experience	flight time last 90 days : 150 flight time total : 8400 flight time type : 650
ASRS Report	302681
Events
Anomaly	non adherence : far other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Air Traffic Incident	other

Narrative:

Crew scheduling department of united states part 121 flag/international carrier notified me (a reserve first officer) that a duty day in which no assignment occurred was the required 24 hour break in 7 days -- 2 days after the fact! Further, all company flight operations supervisors supported this stance, despite far 121 requirement to be 'free from duty' and stated company policy to the same effect. When 8TH day in a row assignment was received, I refused said assignment, with the immediate response from the director of crew resources of 'failure to be available, notification of chief pilots office and docking of pay.' the director then hung up on me, and the chief pilot failed to support me. Company still maintains their stance is legal and claims FAA precedent, but has not been able to produce such precedent. At any rate, intimidation is not dead. Callback conversation with reporter revealed the following information: the reporter flies the B-727 for a second tier united states air carrier. Negotiations have recently been completed, but not yet ratified by the membership, that should correct this abuse of basic human rights and the FARS. The reporter is optimistic for the success of the new contract. The reporter has filed a grievance with his pilot's union, but the backlog is over a yr old and this may never come to light as many grievances are wiped clean when the air carrier and union are 'friends' again after the ratification of a new contract.

Original NASA ASRS Text

Title: AN ACR PLT WAS PENALIZED FOR NOT VIOLATING FAR 121 PT 471(D).

Narrative: CREW SCHEDULING DEPT OF UNITED STATES PART 121 FLAG/INTL CARRIER NOTIFIED ME (A RESERVE FO) THAT A DUTY DAY IN WHICH NO ASSIGNMENT OCCURRED WAS THE REQUIRED 24 HR BREAK IN 7 DAYS -- 2 DAYS AFTER THE FACT! FURTHER, ALL COMPANY FLT OPS SUPVRS SUPPORTED THIS STANCE, DESPITE FAR 121 REQUIREMENT TO BE 'FREE FROM DUTY' AND STATED COMPANY POLICY TO THE SAME EFFECT. WHEN 8TH DAY IN A ROW ASSIGNMENT WAS RECEIVED, I REFUSED SAID ASSIGNMENT, WITH THE IMMEDIATE RESPONSE FROM THE DIRECTOR OF CREW RESOURCES OF 'FAILURE TO BE AVAILABLE, NOTIFICATION OF CHIEF PLTS OFFICE AND DOCKING OF PAY.' THE DIRECTOR THEN HUNG UP ON ME, AND THE CHIEF PLT FAILED TO SUPPORT ME. COMPANY STILL MAINTAINS THEIR STANCE IS LEGAL AND CLAIMS FAA PRECEDENT, BUT HAS NOT BEEN ABLE TO PRODUCE SUCH PRECEDENT. AT ANY RATE, INTIMIDATION IS NOT DEAD. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE RPTR FLIES THE B-727 FOR A SECOND TIER UNITED STATES ACR. NEGOTIATIONS HAVE RECENTLY BEEN COMPLETED, BUT NOT YET RATIFIED BY THE MEMBERSHIP, THAT SHOULD CORRECT THIS ABUSE OF BASIC HUMAN RIGHTS AND THE FARS. THE RPTR IS OPTIMISTIC FOR THE SUCCESS OF THE NEW CONTRACT. THE RPTR HAS FILED A GRIEVANCE WITH HIS PLT'S UNION, BUT THE BACKLOG IS OVER A YR OLD AND THIS MAY NEVER COME TO LIGHT AS MANY GRIEVANCES ARE WIPED CLEAN WHEN THE ACR AND UNION ARE 'FRIENDS' AGAIN AFTER THE RATIFICATION OF A NEW CONTRACT.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.