Narrative:

On dec/fri/03, I went on duty at XA00. At XG20, in operations (msp), I printed my schedule. The schedule contained a block of 8 hours and 42 mins and a rest period of 8 hours and 18 mins. The credit for the trip was 9 hours 7 mins. The schedule was never mine, so says old director of operations. He has said that a reserve pilot does not own any trip (hence the fact that this month alone I have been canceled twice while signed in at the airport and the trip is removed from my schedule afterwards). And, a reserve day has no value. Therefore, having me on reserve on the friday before the trip would indicate that I was not entitled to the given trip. Therefore, it is not 2 duty periods but, instead, a reschedule. Therefore, a trip with deicing throughout (msp-tys) and an 18 mins slide. The WX is a known quantity, not beyond the control of the company. On one of the dispatch releases, extra fuel was placed on the aircraft for delays into dtw (that is proof that the delays were not beyond the control of the company). So, the morning of dec/sat/03, I ACARS'ed the dispatch and schedule department about my problem. No response airborne from the company. On the ground, I called the scheduling department and told them of the situation. They told me I was wrong and legal to start was legal to finish. I disagreed and called the chief pilot with no response. So, I called the union hotline and no luck with a determination. Therefore, I called the FAA hotline. I was put in touch with mr X and he told me that I was not legal for the last leg. I called scheduling back and they asked if I was refusing the trip and I stated no, but I will not be legal. I flew the oma leg and upon landing, I tried everyone again. No luck. I decided (alone) that I could not fly and refused the revenue trip and called the base manager. He told me he thought I was legal and to fly the trip. I was not convinced and since he is not a chief pilot, he cannot tell me to fly. The scheduling department has in the past committed fraud with me. I do not trust them. Scheduling called me and wanted me to part 91 the airplane. I initially said no. After the decision not to fly part 91, I got hold of some relief help in the form of pilot group. And at that point, I decided to part 91 the airplane. I have never, on purpose or not, grounded an aircraft just to punish anyone at the company. I was making the best decision I could make under the circumstances with the information I had. The bottom line is that I had a decision by the FAA hotline that said I was not legal to perform the msp flight. And I gave everyone a good chance to resolve the situation before that time. Instead I was bullied to try to get me to fly when I had reason to believe that I was not legal.

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Original NASA ASRS Text

Title: AN ACR CAPT ILLUSTRATES THE DIFFICULTY INTERPING AND APPLYING THE FLT CREW DUTY AND REST REQUIREMENT OF THE FAR AS THEY APPLY TO RESERVE DUTY, SCHEDULE ASSIGNMENT AND IRREGULAR OPS.

Narrative: ON DEC/FRI/03, I WENT ON DUTY AT XA00. AT XG20, IN OPS (MSP), I PRINTED MY SCHEDULE. THE SCHEDULE CONTAINED A BLOCK OF 8 HRS AND 42 MINS AND A REST PERIOD OF 8 HRS AND 18 MINS. THE CREDIT FOR THE TRIP WAS 9 HRS 7 MINS. THE SCHEDULE WAS NEVER MINE, SO SAYS OLD DIRECTOR OF OPS. HE HAS SAID THAT A RESERVE PLT DOES NOT OWN ANY TRIP (HENCE THE FACT THAT THIS MONTH ALONE I HAVE BEEN CANCELED TWICE WHILE SIGNED IN AT THE ARPT AND THE TRIP IS REMOVED FROM MY SCHEDULE AFTERWARDS). AND, A RESERVE DAY HAS NO VALUE. THEREFORE, HAVING ME ON RESERVE ON THE FRIDAY BEFORE THE TRIP WOULD INDICATE THAT I WAS NOT ENTITLED TO THE GIVEN TRIP. THEREFORE, IT IS NOT 2 DUTY PERIODS BUT, INSTEAD, A RESCHEDULE. THEREFORE, A TRIP WITH DEICING THROUGHOUT (MSP-TYS) AND AN 18 MINS SLIDE. THE WX IS A KNOWN QUANTITY, NOT BEYOND THE CTL OF THE COMPANY. ON ONE OF THE DISPATCH RELEASES, EXTRA FUEL WAS PLACED ON THE ACFT FOR DELAYS INTO DTW (THAT IS PROOF THAT THE DELAYS WERE NOT BEYOND THE CTL OF THE COMPANY). SO, THE MORNING OF DEC/SAT/03, I ACARS'ED THE DISPATCH AND SCHEDULE DEPT ABOUT MY PROB. NO RESPONSE AIRBORNE FROM THE COMPANY. ON THE GND, I CALLED THE SCHEDULING DEPT AND TOLD THEM OF THE SIT. THEY TOLD ME I WAS WRONG AND LEGAL TO START WAS LEGAL TO FINISH. I DISAGREED AND CALLED THE CHIEF PLT WITH NO RESPONSE. SO, I CALLED THE UNION HOTLINE AND NO LUCK WITH A DETERMINATION. THEREFORE, I CALLED THE FAA HOTLINE. I WAS PUT IN TOUCH WITH MR X AND HE TOLD ME THAT I WAS NOT LEGAL FOR THE LAST LEG. I CALLED SCHEDULING BACK AND THEY ASKED IF I WAS REFUSING THE TRIP AND I STATED NO, BUT I WILL NOT BE LEGAL. I FLEW THE OMA LEG AND UPON LNDG, I TRIED EVERYONE AGAIN. NO LUCK. I DECIDED (ALONE) THAT I COULD NOT FLY AND REFUSED THE REVENUE TRIP AND CALLED THE BASE MGR. HE TOLD ME HE THOUGHT I WAS LEGAL AND TO FLY THE TRIP. I WAS NOT CONVINCED AND SINCE HE IS NOT A CHIEF PLT, HE CANNOT TELL ME TO FLY. THE SCHEDULING DEPT HAS IN THE PAST COMMITTED FRAUD WITH ME. I DO NOT TRUST THEM. SCHEDULING CALLED ME AND WANTED ME TO PART 91 THE AIRPLANE. I INITIALLY SAID NO. AFTER THE DECISION NOT TO FLY PART 91, I GOT HOLD OF SOME RELIEF HELP IN THE FORM OF PLT GROUP. AND AT THAT POINT, I DECIDED TO PART 91 THE AIRPLANE. I HAVE NEVER, ON PURPOSE OR NOT, GNDED AN ACFT JUST TO PUNISH ANYONE AT THE COMPANY. I WAS MAKING THE BEST DECISION I COULD MAKE UNDER THE CIRCUMSTANCES WITH THE INFO I HAD. THE BOTTOM LINE IS THAT I HAD A DECISION BY THE FAA HOTLINE THAT SAID I WAS NOT LEGAL TO PERFORM THE MSP FLT. AND I GAVE EVERYONE A GOOD CHANCE TO RESOLVE THE SIT BEFORE THAT TIME. INSTEAD I WAS BULLIED TO TRY TO GET ME TO FLY WHEN I HAD REASON TO BELIEVE THAT I WAS NOT LEGAL.

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.