The complaint filed last week argues that discharging a captain for reasonably exercising his authority has a "chilling effect" on a pilot's ability to make decisions concerning the safe operation of his aircraft.  It is clear this is what ABX intended.  To make sure this effect was felt by all its captains, ABX took the extraordinary step of publicly announcing this captain's firing, and why, to every flight crew member it employs, even before the pilot himself was officially notified. To a larger extent, that effect ripples throughout the industry impacting aviation safety at a national level. The Teamsters are seeking the reinstatement of the captain's employment, as well as future protections for similarly situated flight crews who are authorized to make judgment calls pertaining to a flight's safety, or lack thereof. 

"The Teamsters will use all of our resources to defend and preserve a captain's authority," Teamsters Airline Division Director David Bourne commented. "Within the aviation industry, the captain's authority is the keystone of safe and secure flight operations." The complaint was filed in the United States District Court for the Southern District of Ohio Western Division by the Dayton, Ohio law firm Doll, Jansen, Ford & Rakay. As noted in the filing, the law governing air commerce assigns the highest priority to safety, and entrusts the pilot in command with the final authority and responsibility for ensuring safe operations. 

A combination of several variables in the operating environment led to safety concerns cited by the flight crew, including the assignment of an alternate airport not listed in the aircraft's onboard computer database requiring the flight crew to manually calculate an approach, a lack of preparation time, marginal weather, and an inoperable fuel quantity indicator. The union maintains that the captain acted responsibly with the information he had at hand. ABX Air's Flight Operations Manual, as approved by the Federal Aviation Administration (FAA), provides that in compliance with Federal Aviation Regulations (FARs) and company regulations, a captain is responsible for and is the final authority for the aircraft's operation.