Narrative:

After we started the APU on the ground; the right pack would not open; so we called maintenance. Maintenance came to the cockpit at the gate and determined that the pack was broken; and MEL'd it; which means we could not use it on the ground or flight. After starting the engines; the captain told me to turn on the right pack; and I reminded him it was on MEL; but he told me to turn it on anyways; so I did and it activated/opened up fine. With a pack inoperative; we are limited to 35;000 feet only. While in cruise at 35;000 feet; the captain sent a message to dispatch telling him that the pack was now working. It was turbulent at 35;000 feet; and the captain told me to ask for 37;000 feet. I reminded him that we were limited to 35;000 feet due to the pack MEL. He told me ask for it anyways; and told me that 'he doesn't work for lawyers'; and he climbed up to 37;000 feet anyways. The dispatcher never responded to the captain after the captain sent a message. I was upset because the captain disregarded the MEL and turned on the pack; and #2; he violated the 35;000 foot altitude. I was not going to get into a fight with him in the cockpit. My job is to bring attention to what I see; and tell him if something is not correct. He can override me and that is what he did. He disregarded the MEL and activated a system which was not to be activated and also disregarded the maximum cruise altitude for the MEL. I always try to avoid a confrontation in the cockpit; and if I would have challenged him more than I did; it would have created a safety issue; because this particular captain seems like he gets irritated quickly. Next time something like this happens; I'll threaten to not fly with him after we reach the destination.

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Original NASA ASRS Text

Title: A B757 was dispatched with a Pack MEL'ed and so was limited to FL350. The Captain activated the Pack against the advice of the First Officer and climbed to FL37;000 in violation of the MEL constraints.

Narrative: After we started the APU on the ground; the right pack would not open; so we called Maintenance. Maintenance came to the cockpit at the gate and determined that the pack was broken; and MEL'd it; which means we could not use it on the ground or flight. After starting the engines; the Captain told me to turn on the right pack; and I reminded him it was on MEL; but he told me to turn it on anyways; so I did and it activated/opened up fine. With a pack inoperative; we are limited to 35;000 feet only. While in cruise at 35;000 feet; the Captain sent a message to Dispatch telling him that the pack was now working. It was turbulent at 35;000 feet; and the Captain told me to ask for 37;000 feet. I reminded him that we were limited to 35;000 feet due to the pack MEL. He told me ask for it anyways; and told me that 'he doesn't work for lawyers'; and he climbed up to 37;000 feet anyways. The Dispatcher never responded to the Captain after the Captain sent a message. I was upset because the Captain disregarded the MEL and turned on the pack; and #2; he violated the 35;000 foot altitude. I was not going to get into a fight with him in the cockpit. My job is to bring attention to what I see; and tell him if something is not correct. He can override me and that is what he did. He disregarded the MEL and activated a system which was not to be activated and also disregarded the maximum cruise altitude for the MEL. I always try to avoid a confrontation in the cockpit; and if I would have challenged him more than I did; it would have created a safety issue; because this particular Captain seems like he gets irritated quickly. Next time something like this happens; I'll threaten to not fly with him after we reach the destination.

Data retrieved from NASA's ASRS site as of April 2012 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.