The federal Pilot Records Improvement Act of 1996 requires an airline planning to hire a pilot to request and receive the pilot?s work history. In this case, the pilot was terminated from Mesa Airlines for insubordination.?? ?He filed a grievance, and prevailed in an arbitration that overturned his dismissal.?? Mesa?? rescinded the termination and gave him full backpay.? ?In applying for a new job at Alaska Airlines, the pilot said he had never been disciplined.?? The records ?Alaska ?received ?from? Mesa ?did ?not show any disciplinary action.?? ?After the employee was hired by Alaska, Alaska heard through the grapevine about the prior incident at Mesa.?? ?Alaska then terminated him for knowingly? withholding? information? related? to his employment.? ?Citing the Pilot Records Improvement Act, the pilot claimed he was wrongfully terminated for exercising his privilege under the Act not to disclose discipline that?? was?? overturned.???? ?The?? Superior?? Court granted Alaska?s motion for summary judgment, and Division I affirmed.?? The court found that the Act did not create a privilege not to reveal discipline that had already been overturned in response to a direct question about whether the pilot had ever been disciplined.? ?The decision seems to be an unduly narrow interpretation of the policies animating the Act.? ?Boring v. Alaska Airlines Inc., No. 52687-0-I (09/12/04; Kennedy, Grosse, Appelwick).
Pilot Record Improvement Act Does Not Establish Policy Protecting Pilot From Termination for Failing to Reveal Overturned Discipline
Sep 12, 2004