The FAA conducted an investigation and found no wrong
doing by the company. "The FAA has completed its
investigation of the safety allegations contained in
your complaint. This investigation has not established a
violation of an order, regulation, or standard relating
to air carrier safety. Therefore, the FAA is closing its
investigation concerning these allegations."
However, OSHA's Philadelphia Regional Office found merit
to the pilot's complaint. "Pilots are protected by law
when they refuse to fly an aircraft determined to be
unairworthy," said MaryAnn Garrahan, OSHA's regional
administrator in Philadelphia. "Air carriers that
retaliate against employees for exercising their rights
under AIR21 will be held accountable."
a result of OSHA's findings, the company was ordered to
pay back wages in the amount of more than $140,000 for
the period from June 30, 2010, through June 30, 2013.
Thereafter, the company will pay at a rate of $797 per
week until it has made the complainant a bona fide offer
The company was also
ordered to pay compensatory damages in the amount of
$75,000. Additionally, OSHA ordered the air carrier to
take other corrective action, including expunging the
complainant's termination and any reference to the
exercise of his rights under AIR21 from his employment
records, and the posting and providing to its employees
information on their AIR21 whistle blower rights. OSHA
also ordered Metropolitan Aviation to pay attorney's
fees and interest on the back wages.
Metropolitan Aviation began operations in November
2006, as a jet charter operator. The company is
based out Manassas Regional Airport, Manassas,
Virginia. Metropolitan Aviation operates heavy jets,
mid cabin, light jets and turbo prop aircraft. Alan
Cook is the company’s Chief Executive Officer.