Civil Action No. 08-1600 (RMC) v. AIRLINE PILOTS ASSOCIATION INTERNATIONAL

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

_____________________________

FIELD MCCONNELL,

Plaintiff,

Civil Action No. 08-1600 (RMC)
v.
AIRLINE PILOTS ASSOCIATION,
INTERNATIONAL,

Defendant.
__________________________________

MOTION FOR SUMMARY

JUDGMENT

Comes now Plaintiff for the legal basis of plaintiff motion for summary judgment stating the is no genuine dispute concerning the facts.

1) That AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (ALPA) failed to pursue fair representation in case of Captain Field McConnell, Northwest Airlines.

2) ALPA was thusly negligent.

3) As a direct result of ALPA's inaction plaintiff sustained financial, and other, injuries.

4) As requested by ALPA and Attorney James Q. Butler plaintiff damages were enumerated on 19 June, 2009 and the amount therein enumerated was $4,552,207.17 with caveat that if not settled within 90 days demand would reset to original damages claimed plus 6% annual interest. That figure on 6 December, 2010 is $10,900,000.

Further plaintiff saying not.

Date: December 6, 2010 ______/S/________
FIELD MCCONNELL
Plaintiff

===================================================

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

_______________________________________

FIELD MCCONNELL,

Plaintiff,
Civil Action No. 08-1600 (RMC)
v.
AIR LINE PILOTS ASSOCIATION,
INTERNATIONAL,

Defendant.
_______________________________


STATEMENT OF UNCONTROVERTED MATERIAL FACTS

Comes now Plaintiff for the legal basis of plaintiff's statement of uncontroverted material facts.

1. Defendant Air Line Pilots Association, International (ALPA) , is the largest pilots union in the world, and represents over 55,000 pilots. It was founded more than 70 years ago, with the motto “Schedule with Safety.” The union's aeronautics engineers and safety and security experts should be providing unparalleled independent analysis on emerging airline safety and security issues, as well as federal and industrial policies. ALPA accident investigators assist the National Transportation Safety Board and the Transportation Safety Board of Canada during on-site investigations and participate in associated public hearings.

2. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C § 1332 asthis matter involves a controversy between citizens of different states, and the matter in controversy exceeds the sum of seventy five thousand dollars ($75,000.00), exclusive of interests and costs. Venue is proper in this Court pursuant to the provisions of 28 U.S.C. § 1391(a)(2) because defendant maintains headquarters in the District of Columbia.

3. On July 31, 2006, NWA entered into a contract of employment with the Air Line Pilots Association. That contract governs the discipline and discharge of NWA pilots, and particularly, the Plaintiff. Section 19 of that contract is titled “Discipline and Discharge” and defines all aspects of Plaintiff’s discipline and discharge and defines the rights of Northwest Airlines and Plaintiff.

4. As a NWA pilot and a member of the ALPA, Plaintiff is bound by, and his conductgoverned by, the ALPA Code of Ethics. That Code of Ethics (“Code”) is incorporated by reference as though fully rewritten herein. NWA FOM 9.1.1. and FAR 121.533 mandated that Plaintiff report unsafe and illegal issues to competent authority and plaintiff discharged that on December 11th, 2006 when he advised ALPA, Northwest Airlines and NORAD/Northern Command Commander Tim Keating, USN of illegal modifications on Boeing aircraft as charged in USDOJ/Boeing settlement of June, 2006.

5. The ALPA contract requires that only AME doctors examine NWA pilots, with one exclusive exception. That exception states: “If the Company has a REASONABLE cause to believe that a pilot has developed a MEDICAL IMPAIRMENT to his ability to perform his duties between the routine medical examinations required by the Federal Aviation Administration (FAA), the Company may require said pilot to submit to a medical examination from a non-AME doctor chosen by the Company.” The Company did NOT have a REASONABLE cause to believe that Plaintiff McConnell has developed a medical impairment to his ability to perform his duties, which occurred between the routine medical examinations required by the FAA. The Company had knowledge that Plaintiff McConnell was on extended sick leave due to a hernia repair and WAS NOT MEDICALLY ABLE TO PERFORM HIS DUTIES.

6. Plaintiff objected to this procedure and requested that the Defendant ALPA represent Plaintiff in his effort to prevent NWA from ordering Plaintiff to undergo tests from a non AME certified doctor. The ALPA did not give proper attention to Plaintiff’s issues, and provided no help. ALPA Attorney Rob Plunkett asked Plaintiff McConnell to advise Northwest Airlines Minneapolis ALPA Safety Representative of the 4 illegal modifications to Boeing airliners. Plaintiff McConnell did, in fact, brief ALPA Safety Representive in front of witness ALPA attorney Rob Plunkett.

7. On June 7, 2007, the Defendant ALPA Field Office located in Minneapolis/St. Paul, Minnesota, asked that Plaintiff file a grievance. Plaintiff did that. But the Defendant ALPA took no effective action on that grievance, and failed to fully and completely represent Plaintiff in this process against NWA. To wit: ALPA attorney Rob Plunkett twice requested written evidence that Plaintiff McConnell had ever been advised of a psychological evaluation to be performed in Los Angeles on 1 and 2 March, 2007. Dr. Elliott of Los Angeles was often used by Delta, United, Continental and Northwest Airlines to 'evaluate' ALPA pilots reporting SAFETY ISSUES as they are compelled to do IAW FAR 121.533.

8. Section J.3.b, titled, Just Cause, of the ALPA contract; and, Section 19, titled Discipline and Discharge establishes that a pilot who has been disciplined by the Company may contest the Company’s action by filing a written request for hearing with the Managing Director of Flying within 30 days of receipt of the written notice. Defendant ALPA did not take the necessary steps to protect Plaintiff’s interests, or to protect Plaintiff for engaging in conduct which was mandated by the Code. Defendant directed that Plaintiff attend a meeting in the Minneapolis Field Office where the attorney for ALPA Rob Plunkett interviewed Plaintiff McConnell for about 20 minutes prior to Plaintiff leaving for a physical examination which was conducted by Dr. William Isaksen, at the Park Nicollet Clinic in Minneapolis, Minnesota. Dr. Isaksen IS NOT a physician who is certified as an Aero Medical Examiner. The ALPA attorney requested that the NWA ALPA Safety Committee Chairman also sit in a conference room with Rob Plunkett and Plaintiff as Plaintiff explained his safety issues to each. Those issues were the Boeing Uninterruptible Autopilot, QRS 11 GyroChips, Smacsonic insulation and KU band communication facility. The NWA Safety Committee Chairman admitted to Plaintiff and Attorney Plunkett that he not understand the safety subjects being discussed and did not appear interested in learning anything regarding the subject matter. After about 15 minutes Plaintiff departed for the physical appointment with Dr. Isaksen, which Plaintiff then passed. Plaintiff had at that time had 40 years of passed flying physicals dating from April, 1966 at Tripler Army Hospital, Hawaii and continuing to present day, now 44 years.

9. Defendant ALPA refused to represent Plaintiff and refused to object to the decision of NWA in requiring Plaintiff to be subjected to a physical by a non-AME doctor, who is not qualified to assess Plaintiff’s health as it pertains to flying aircraft. Only AME Doctors can determine fitness for flying, which reflects the exact purpose why the FAA certifies those only certain physicians.

10. Dr. David Glatt, is Plaintiff’s AME physician. Notwithstanding that Plaintiff was not placed on an active status which would permit Plaintiff to fly, Plaintiff continued his regular and routine practice of undergoing physical and mental examinations by Dr. Glatt or predecessor AMEs, or military flight surgeons, at 6 months intervals, commencing in 1966, and continuing uninterrupted. Plaintiff had successfully passed all flying physical and mental examinations conducted by the US Army, Navy, Air Force, Marines and FAA. Plaintiff is next scheduled to undergo his next First Class physical and mental examination in April, 2012. Dr. Glatt, or predecessors, with their record of thoroughly testing Plaintiff during more than 80 medical examinations, has never found a reasonable belief that Plaintiff should undergo a psychiatric or additional medical examination and for 16 years during his Northwest employment Plaintiff McConnell had a top secret security clearance and a NORAD mandated AUTHORITY TO KILL which was demonstrated by his unit, 119th Fighter Wing, when on 9/11 four F16 aircraft from 119th FW were tasked with ID KILL any airbreathing flying vehicle inbound to P5606 airspace.

11. At the time of the allegedly scheduled physical examination, for which no reasonable basis existed, Plaintiff was already on an approved medical leave relating to a hernia. As a result of this hernia, and of which NWA had knowledge, Plaintiff’s blood pressure was dangerously elevated and this condition additionally disqualified Plaintiff from flying. As a result, there was no logical reason for requiring Plaintiff to be physically examined by any physician, particularly a non-AME physician. NWA knew that Plaintiff’s erratic blood pressure prohibited Plaintiff from flying airplanes. The company had no reasonable cause to believe stacking another alleged medical reason on top of that medical issue would provide an additional medical impairment to prevent Plaintiff from assuming his duties as a pilot. Northwest Airlines was WELL AWARE of information that Plainiff was communicating to ALPA, FAA, FBI and NORAD as compelled by OATHS OF OFFICE (4).

12. Pursuant to the ALPA contract as stated above, NWA can only require Plaintiff to be examined by a non-AME physician, “If the Company has a REASONABLE cause to believe that a pilot has developed a MEDICAL IMPAIRMENT to his ability to perform his duties between the routine medical examinations required by the Federal Aviation Administration (FAA), the Company may require said pilot to submit to a medical examination from a non-AME doctor chosen by the Company." In fact, the Company, NWA, did not possess a REASONABLE cause to believe that Plaintiff McConnell has developed a medical impairment to his ability to perform his duties, which occurred between the routine medical examinations required by the FAA.

13. Plaintiff requested that Defendant ALPA, through representative Ken Watts, take action that would result in Plaintiff being made financially whole to Plaintiff’s maximum retirement age. Defendant ALPA did nothing.

14. Notwithstanding that Plaintiff was not placed on an active status which would permit Plaintiff to fly, Plaintiff continued his regular and routine practice of undergoing physical and mental examinations at 6 months intervals, by Dr. Glatt. This routine practice has occurred since 1966, including successfully passing flying physical and mental examinations conducted by the US Army, Navy, Air Force, Marines, Air National Guard and FAA.

15. On March 13, 2007 NWA stated in writing that after Plaintiff presented himself for an unnecessary physical by a doctor unqualified to assess Plaintiff’s flying worthiness who then, when Plaintiff passed, referred Plaintiff to a psychiatrist who is known to be hired by Continental, United, Delta and Northwest airlines to disqualify pilots, stated that Plaintiff failed to appear and the Elliott Clinic in Los Angeles. It should be noted that ALPA and Elliott are serially cooperating across state lines to silence safety concious career pilots with impeccable records and perfect health.

16. NWA had scheduled an appointment for Plaintiff to undergo a neuropsychological examination by Dr. Robert Elliott. Dr. Elliott is a board-certified neuropsychologist who has devoted fifty percent of his practice to the evaluation of pilots, consulting with most of the major air carriers such as Continental, Delta, United, and NWA, and the FAA. He has performed over 800 evaluations of airmen since 1976.

17. Plaintiff did not attend the scheduled psychological exam scheduled by NWA with Dr. Elliott because NWA never advised Plaintiff that a psychological examination was scheduled. Plaintiff was not notified orally, electronically, or through the U.S. Mail. Consequently, for the alleged failure of Plaintiff to attend the allegedly scheduled psychological examination, NWA removed Plaintiff from the payroll of NWA which Plaintiff believes is Felony Constructive Discharge leading to Misprision of Felony Wrongful Death.

18. NWA had employed Dr. Elliott in Los Angeles to do a variety of things for the contracting airlines. Proper procedure requires that ALPA is always notified before a pilot is directed to be examined by a physician, and this incident with Plaintiff was no exception. While exerting such rigid and careful management of the allegations of Plaintiff’s infirm mental condition by NWA, Defendant ALPA had knowledge any medical and mental assessment of Dr. Elliott would be biased in favor of NWA and that Plaintiff would have been victim of an unfair and predetermined mental evaluation y Dr. Elliott such as those performed on Captain Daniel Hanley, UAL, First Officer Newton Dickson, CO/TSA, and Captain Michael P. Driscoll, Spirit Airlines among many others.

19. Defendant ALPA had knowledge that the medical and mental assessment of Dr. Elliott would be biased in favor of NWA and that Plaintiff would have been a prospective target and victim of this unfair mental evaluation by Dr. Elliott which never occurred because Northwest Airlines had never advised Plaintiff/Intended Victim McConnell to travel to Los Angeles for the unwarranted exam. Dr. David Glatt had communicated with Dr. Isaksen
and, with 41 years of McConnell's medical records commented 'any attempt to question Captain McConnell's mental health' would be an unsuccessful uphill climb.

20. During the aftermath of the national disasters that occurred on September 11, 2001, relating to droned Boeings crashing into the World Trade Center in New York City, into the Pentagon, and into the country side in Somerset, Pennsylvania, Plaintiff began to question the public accounts, pursuant to his duty and obligations imposed by the Code at ALPA and his 3 military oaths. As a direct consequence of Plaintiff’s expressions pursuant to the Code NWA scheduled Plaintiff to undergo a physical examination by a non-AME physician. This was at a time when Plaintiff was already on extended sick leave due to erratic blood pressure.

21. ALPA attorney Rob Plunkett requested that NWA Chief Council David Driscoll to produce any letter directing Plaintiff to submit to the allegedly scheduled examination by Dr. Elliott. To the present day, 6 December, 2010, NWA Chief Council David Driscoll has failed to produce such a letter which is impossible as no such letter has ever existed.

22. There existed no notification to Plaintiff by NWA to submit to the medical evaluation. But NWA and Plaintiff had entered into a written contract on August 22, 2001, wherein NWA CEO Richard Anderson, or his chain of command representative, tacitly approved Plaintiff’s physical and medical condition that barring a buyout to age 82, without financial penalty, any flying done for NWA was deemed to be "under protest and free of prosecution from any quarter". That series of letters and the contract tacitly approved went to the Minneapolis Chief pilots Rick Toscano or Tim Beutell to NWA Director, Flying Operations Jeff Carlson, for Jeff to deliver to CEO Richard Anderson. The letters unambiguously stated that any agreement would be between Plaintiff and Richard Anderson. Each letter was returned to Plaintiff without modification from NWA in the chain of command. This exchange and tacit approval were related to unsafe events reported to CEO RichardAnderson IN WRITING.

23. In the August, 2001 NWA HAD FALSIFIED SAFETY RELATED FLYING RECORDS. On 11 December, 2006 NWA was in receipt of verifiable and precise safety related information. Three different VP level NWA management officials: Tim Campbell, Ken Hylander and Peter Moore made light of Plaintiff’s safety concerns and expressed ridicule of Plaintiff’s safety interests, expressed by Plaintiff in compliance with his duty pursuant to the ALPA Code, FAR 121.533 and NWA FOM 9.1.1. Instead of forwarding the message to their superiors in the chain of command, these individuals took no action other then to ridiculethe messenger in a childish fashion prior to the fatal crashes of Adam Air 574 (Jan 07), Kenya Airways 507 (May 07), Colgan 3407 (Feb 09) and Air France 447 (Jun 09) in manners consistent with Plaintiff McConnell's written warnings.

24. The information itself was not in dispute as Boeing had in June, 2006, paid a $615 million settlement to the United States Dept. of Justice, to settle issues relating to an investigation of illegal modification of Boeing jets and illegal export of military technology regarding the QRS 11 GyroChips (BEI Corporation/Rose Law Little Rock) . Instead of acting upon Plaintiff’s concerns, Campbell, Hylander and Moore ordered, in writing, Plaintiff to retract his statement, in writing, regarding the deployed technology. Plaintiff refused to retract his statement, pursuant to his duties and responsibilities as demanded of him by ALPA code, FOM 9.1.1, FAR 121.533 and 3 sworn oaths relating to "enemies, foreign or domestic". To the present time, Plaintiff maintains that the modifications made to the Boeing airplanes, and which remain today, 6 December, 2010, are unsafe and illegal modifications. In support of this position, 21 days after Plaintiff alerting NWA and ALPA, Adam Air flight no. 574 was vaporized in mid-flight. The plane, with 96 passengers and six crew on board, was lost from the radar screen while in flight at 35,000 feet.

25. Four months after this incident, Kenya Airways Flight 507 was vaporized. It was a Boeing 737 flight of Kenya Airways flying from Douala International Airport in Douala, Cameroon, to Jomo Kenyatta International Airport in Nairobi, Kenya, that crashed on May 5, 2007. The flight originated from Port Bouet Airport in Abidjan, Côte d'Ivoire, and made a stop in Douala to pick up more passengers. It departed Douala at 0105 GMT (0005 local time) on May 5, 2007. The airframe was only six months old when the plane broke up into small pieces and came to rest mostly submerged in a forested swamp.

26. Each of the subject B737s were destroyed in a manner which was consistent with Plaintiff’s written warnings to NWA, FBI, NORAD and ALPA. Further, Plaintiff had a face to face interview with the NWA and ALPA safety representatives with ALPA Attorney Rob Plunkett present on January 31, 2007, wherein Plaintiff briefed NWA, ALPA and attorney Plunkett on the deployed weapons. This information was not passed along the chain of command. Plaintiff possesses volumes of emails to ALPA National regarding the same issue and they claimed they were aware of QRS11s but did not know the full potential of their deployment in Boeing and Thales flight guidance systems.

27. Because of Plaintiff’s expression of his concerns pursuant to the Code, on March 2, 2007, NWA dropped Plaintiff from its payroll for missing an alleged appointment of which he was never advised. On March 13, 2007, Plaintiff was constructively discharged by NWA, a felony. Misprision of Felony also now applies due to wrongful deaths of all aboard Adam Air 574, Kenya 507, Colgan 3407 and Air France 447.

28. As a direct and proximate result of the conduct of Defendant ALPA in not fully, completely, and properly representing Plaintiff in the grievance process; and, not fully representing Plaintiff in the against the procedures involving the slanted medical and psychological examinations, and permitting Plaintiff to be subjected to the unfair and biased treatment by NWA, Defendant caused Plaintiff to incur the loss of his employment at NWA. As a direct and proximate result of the conduct of Defendant ALPA, Plaintiff has been damaged, and made to endure serious and extreme financial losses, including back pay, front pay, lost benefits, decrease of retirement pay and false statements by Peter Janhunen regarding his mental ability.

29. It is suggested by Plainiff that ALPA is guilty of Misprision of Felony and should immediately be put in receivership.
Further plaintiff saying not.

Date: December 6, 2010 ______/S/________
FIELD MCCONNELL
Plaintiff

===============================================================

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

_________________________________

FIELD MCCONNELL,


Plaintiff,
Civil Action No. 08-1600 (RMC)
v.
AIR LINE PILOTS ASSOCIATION,
INTERNATIONAL,

Defendant.
_________________________________


MEMORANDUM IN SUPPORT OF SUMMARY JUDGMENT

Comes now Plaintiff for the legal basis of plaintiff motion for summary judgment in this memorandum.

1) That AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (ALPA) failed to pursue fair representation in case of Captain Field McConnell, Northwest Airlines.

2) ALPA was thusly negligent.

3) Inaction by ALPA has contributed to four hull loss aviation events in period 11 December, 2006 and 6 December, 2010.

4) Plaintiff seeks immediate Judgment in favor of Plaintiff, Captain Field McConnell.


Further plaintiff saying not.

Date: December 6, 2010 ______/S/________
FIELD MCCONNELL
Plaintiff