The Descent of Reasonable Cause

One very important fact to remember in this discussion is that you are licensed by the FAA and have contracted your professional services to an airline. In this case, it is US Airways (a.k.a. USAir, MetroJet or whatever name du jour is in use). What the Company perceives as in their best interest in this case, could be definitely not in yours. The following account is factual and in a shortened form for the sake of brevity. It happened to me and it can happen to you!

Let’s suppose you are on day two of a four-day trip in January 1998 and it’s approximately 1640 when you arrive at Gate C21 in PHL for a 1730 departure to CMH. You are the Captain of this flight.

You pick up the flight documents at the check-in counter so the agents won’t have to walk them down the jetway. You glance at the flight release and a passenger says "Nice night to fly?" and you say, "It’s a warm night in Columbus. It should be a nice night." No other discussion occurs. You turn and go down to the airplane. Your professional career is about to be trashed and thrown to the wolves.

The passenger now makes the statement to the agent, "Maybe he should take a Breathalyzer test before flying." He subsequently makes this statement again and also adds "Did you check it out? Very important."

You have signed the flight release that includes the statement "consider all conditions including my physical condition suitable for this flight." In effect you are about to be accused of knowingly and willfully making a false written statement.

You complete your preflight duties and make a welcome aboard announcement. The passenger who has made the slanderous statement boards the airplane that is about to be flown by the pilot who he has accused of being under the influence!

At departure time the agent working the flight stands by the cockpit door and informs you of what has occurred and informs you she has contacted her supervisor. You are about to enter the twilight zone. You are in shock and believe that surely the system will work. The truth will be self-evident and this matter will resolve itself quickly and the accusing party or parties will be held accountable for their highly inflammatory actions. Big mistake! If you think you have seen hostile work environments in the past, you haven’t seen anything yet!

There was nothing in my 35 years of flying experience that related to this macabre situation. Hopefully, this will make you better prepared if it happens to you.

You are now prevented from performing the duties of Captain the Company has assigned to you. Now the ramp operations manager (where is this individual in our chain of command?) monopolizes the phone on the jetway, talking supposedly to the great Oz of the Company’s alcohol program hidden behind the corporate curtain somewhere in the inner sanctum of the organization.

You attempt to get a hold of ALPA and the Company. Remember the monopolized phone? Outside communication is difficult at best.

Your crew will be understandably upset and the passengers aboard the airplane are not informed about the ongoing delay. It takes a great deal of self-control not to raise your voice and to stay calm under all the stress.

Time marches on and now two unidentified individuals appear on the jetway in civilian clothing with no Company identification visible. They appear to be talking to each other in hushed tones and have an unnatural interest in the situation and in you. Who are these people? Are these strangers the golfing buddies of the person monopolizing the phone? Are they passengers? Should we be discussing this situation in front of these individuals? You politely introduce yourself and request their identification. They are Company personnel. Subsequent events show them to be the "trained observers." They are not your friends.

One positive thing that occurs is that you write down what is happening. Subsequently, another Captain appears on the jetway. You introduce yourself and he has been pulled off his trip and he is under the impression that he will be taking your place. This is news to you. The new Captain is mystified by the events, sees no alcohol impairment in you and is rightfully upset by the situation.

Time elapses even more. And now it appears that because of the passenger’s statement and the information that has been passed to the great Oz, you will be unceremoniously pulled off your trip, your personal and professional equipment removed from the aircraft, and forced to undergo alcohol and drug testing.

On questioning the "trained observers," they state the reason is that you "stumbled on the jetway" sometime during the course of this lengthy proceeding that included several trips in and out of the aircraft. On further inquiry to the "trained observers" they have a great deal of difficulty identifying the location of the alleged happening and you have the definite feel they finally pointed to an area because they don’t have a clue and that one led the other in coming to a joint resolution about the supposed location.

It is my impression that the oncoming Captain is forced by Company representatives to take the accusing passenger in apparent violation of its own FOM. I quote "The Company will not carry any passenger whose conduct or condition threatens the safety or comfort of other passengers. If questions arise, the Captain makes the final decision." It would appear that the Company was not overly concerned about the comfort of the passengers that experienced a lengthy delay due to the actions of this individual. Another quote from the good book, "A passenger who is abusive … is not accepted for transportation." I certainly felt abused. One would rightfully draw the conclusion that in the Company’s own eye it’s open season on crewmembers.

Are you looking for justice? You won’t find it here!

You are now escorted by Company personnel off the jetway into the terminal. Before you were a respected professional and now you are an accused alcohol abuser who would risk the lives of this passengers and crews.

The escorting personnel attempt to deny you access to a phone. You are resolute and contact ALPA and apprise them of your situation. Finally somebody other than the vigilante group is aware of what is happening to you.

It’s a long, lonely walk from C21 to almost A concourse in PHL where the testing will take place. You’re under escort the whole time and you wonder what all the hundreds of people you pass by think about you as you are escorted in uniform towards the testing room.

In the testing room you will become very familiar with the U.S. Department of Trans-portation’s breath alcohol testing form, better known to us who have undergone this emotional rape as OMB No. 2105-0529. Be sure and save copy number two. On this form there is sub item D which reads "Reason for Test" and a block "Reasonable Suspicion/Cause." This block is marked as the justification for the assault on your integrity. No one will tell you why this excuse is chosen, what is the meaning of "reasonable suspicion/cause," and why it was applied in your case and in particular since your crew and a neutral pilot saw no indication of alcohol nor anything other than normal behavior. You can bet that even with the passage of time the Company is not forthcoming with the required information.

You take the test. The results - .000. There is no alcohol! The whole procedure you have suffered under is a sham. Your very being as a professional and on a very personal level has been torn apart by groundless accusation.

You think it’s over. Wrong. Company personnel now demand you take a drug test. It’s strange. No one, during this malodorous chain of events, has ever insinuated that you are now a drug user or have ever been one. You are having serious reservations about any individuals or organizations that condone and cause to be implemented such a surreptitious system. Remember the phrase hostile work environment? Well, guess who is implementing it now and who could really care less what happens to the employee.

Now you become familiar with the Federal Drug Testing Custody and Control Form. It also lists your social security number. How many organizations and individuals is the Company going to give that very important number to? And just as importantly what are they going to do with it? In my case I am identified as being a Captain that has "Reasonable Suspicion/Cause" to be under the influence of alcohol, THC, Cocaine, PCP, Opiates and Amphetamines. No one has explained it to me then or now.

Yes folks, the last mentioned form has the infamous sub item "D. Reason for test: Reasonable Suspicion/Cause," followed by the scourge of your personal and professional reputation-sub item "E" test to be performed: THC, Cocaine, PCP, Opiates and Amphetamines."

You take the test. Please request a split sample and save copy five. The test results will come back rapidly the next day or so and show that their spurious attacks upon your character are without merit. The tests are negative.

A representative from ALPA somehow has figured how to contact you in the testing room. God love him. If the forms are any indication, he is the first person since you were forcibly separated from your crew that didn’t believe you are a boozing druggie.

It’s now approximately 2100 and you are emotionally and physically exhausted. You have been victimized enough for one day and one career. You get the impression as the accusing people file out of the room that they are disappointed they didn’t get their trophy pilot this time, but there will be other opportunities for them as their "policy" and the great Oz lay waiting in the shadows for the next innocent victim. You stop, try to gather up the shattered pieces of your life and career and exit the room.

As far as the Company is concerned this was a nonevent. I have no knowledge that they have changed their policy or that they have taken any steps to discourage these types of activities by their chosen representatives and or passengers.

I know there is a strong possibility that this upending event will happen to one of you and quite possibly again to me. One important facet to remember is that you have no legal recourse against the offending parties. Assuming the Company’s "policy" is applied in the same fashion it was in my case, the only way you can protect yourself is to limit your exposure to those conditions which will cause you severe emotional distress.

It is not my intent to encourage any person not to comply with any contractual or other binding obligations. It is time for ALPA to take an in-depth look at the present situation of how pilots are put at risk.

There are several areas that warrant your consideration. Do you really want to communicate with passengers? Communication can be in several forms - written, verbal, visual. At the end of the flight some pilots, looking sharp in their uniforms, stand by the cockpit door and say good-by to their passengers. If some one makes a disparaging remark about you, then here comes the "policy," and you could be going through some rough times. Do you want to accept the risk?

If I had not been courteous and responded to the passenger’s question, perhaps I would not have been victim of the "policy." If they can’t see you, they can’t talk to you. Here comes an even more difficult task because of the desires of that warm and friendly organization that thought up the "policy" and the all powerful and great Oz. They are apparently knowingly putting you at risk by requesting and in some cases demanding that you communicate with passengers via the aircraft PA system. Can you accept the risk? A pre-recorded announcement, not using your voice, could be the solution at this time. Remember if that passenger doesn’t like your voice, you could be in big trouble! We didn’t create the present conditions, we are just reacting to it. If the company wants their present "policy" to remain in effect, so be it. My concern is you.

Be proactive. At that time I believed in the system. No more. Once is enough! Can you believe anyone in this situation other than your crew is looking out for you? If this situation occurs on the ground, you could immediately contact ground control, inform them that you have a situation at your gate, request the airport police to respond. Do you want to contact the same company that brought you the "policy" with the request? When the police arrive, they could identify the individual and take a formal statement. Always have a witness with you. Contact ALPA. Take notes. Request names. Keep a time log. When they get to the part of contacting the omnipotent Oz, request a room with a speaker phone so you can hear all the conversation. They will be talking about you. The best case would be having a tape recorder. Don’t forget the witness! You are now confronted with a situation where despite your best efforts to avoid contact with passengers the "policy" is now going to attempt to end your life as you know it.

When you enter the testing phase ask the "trained observers" and the Oz what is the "Reasonable Suspicion/Cause" and why is it being applied in your case. I doubt if you will receive a satisfactory answer. Ask them to put their reply in writing. Ask for a written copy of the company’s "policy." Wow! If you get it you can part the seas and receive the tablets from on high! Please send a copy to me and the rest of the pilot group. Oh, say hello to the Oz for me.