Gordon H. BARTSH, Et Al., Plaintiffs-Appellants, v. NORTHWEST AIRLINES, INC., Defendant-Appellee

831 F.2d 1297
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 23, 1987
Docket86-1891
StatusPublished
Cited by22 cases

This text of 831 F.2d 1297 (Gordon H. BARTSH, Et Al., Plaintiffs-Appellants, v. NORTHWEST AIRLINES, INC., Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gordon H. BARTSH, Et Al., Plaintiffs-Appellants, v. NORTHWEST AIRLINES, INC., Defendant-Appellee, 831 F.2d 1297 (7th Cir. 1987).

Opinion

ESCHBACH, Senior Circuit Judge.

Appellants in this case sought an adjudication that the defendant had violated the terms of a consent decree to which the parties had earlier agreed in settlement of appellants’ age discrimination claims against the defendant. Following a lengthy hearing, the district court held that the appellants had not established any violation of the consent decree by the defendant. Appellants claim both that the district court misinterpreted the consent decree and that the district court’s factual findings were insufficient and, in some cases, clearly erroneous. Because we conclude that the district court correctly interpreted the consent decree and that its findings are sufficient and not clearly erroneous, we affirm.

I

This case began as one of a number of actions brought under the Age Discrimination in Employment Act (the “ADEA”), 29 U.S.C. §§ 621 et seq., in the late 1970s and early 1980s. The actions sought generally to force the nation’s commercial airlines to allow pilots who had reached age 60 (and therefore were precluded by federal regulations from flying commercial airliners as either a Captain or First Officer) to continue their employment as Second Officers (also sometimes referred to as Flight Engineers). As evidenced by the reported decisions, e.g., Western Airlines, Inc. v. Criswell, 472 U.S. 400, 105 S.Ct. 2743, 86 L.Ed.2d 321 (1985), these actions were generally successful. In 1983, as a result of what it saw as the trend in judicial decisions in the area, the defendant, Northwest Airlines, Inc. (“Northwest”), decided to abandon its “age 60 rule” as that rule applied to the Second Officer position and settle the claims of the then 37 plaintiffs who had joined the lawsuit. One of the results of the settlement negotiations was a consent decree that permitted any of the 37 plaintiffs who so elected to receive training from Northwest in the Second Officer position on the Boeing 747 aircraft (most had been 747 Captains at the time of their terminations). Northwest agreed to provide each plaintiff electing training with “the usual and customary training provided its Second Officers” and “to make its best efforts to train plaintiffs to proficiency as Second Officers, giving due regard for time spent out of service.” Consent Decree entered April 1, 1983 H 4(d).

The Second Officer position is dramatically different from that of Captain. The Captain (and the First Officer) actually *1300 flies the airplane. The Second Officer, on the other hand, performs technical tasks such as the monitoring and in flight maintenance of the various systems necessary to safe takeoff, flight and landing of the aircraft. For example, the Second Officer is responsible for fuel management, engines, hydraulics, and cabin pressurization. The Second Officer also has more mundane duties such as maintaining proper air conditioning in the cabin and turning on and off the “no smoking” and “fasten seat belt” signs at appropriate times. The Second Officer is primarily responsible for dealing with a number of emergencies that can, if not handled properly, lead to disastrous results. For example, the Second Officer is responsible for dealing with engine fires, wheel well fires, and for restarting a failed engine.

The training program commenced April 18,1983 and was scheduled to be completed June 30, 1983. Thirty-three of the original thirty-seven plaintiffs elected to be retrained under the consent decree. For the sake of convenience, we will refer throughout this opinion to those thirty-three as “the returning group” or “the returning pilots.” Of that group, eight withdrew from the training program before its completion, sixteen successfully completed the training program, and nine had their training terminated. Appellants here are seven of those nine.

The training consisted of two parts. First, the returning pilots were given an eleven-day 1 “ground school,” a classroom environment where they were taught general aspects of Northwest’s standard operating procedures and familiarized, in a general way, with the aircraft and the Second Officer position. During this portion of their training, they received instruction in “flow patterns” (the order in which a Second Officer is expected to check the various gauges, switches and controls on the Second Officer panel) and “gross weights” (specifically, how to determine the allowable gross weight for take off and landing using a chart). Also as part of ground school, the returning pilots were given “cockpit procedures training” in a simulator. 2 Finally, the plaintiffs were given simulated “flight” training in a flight simulator. A flight simulator is a mechanical replica of a 747 cockpit. It is aided by a computer to simulate various flight conditions and the effects of manipulating the controls. In sum, the simulator reproduces, as nearly as possible, the actual operation of a 747 aircraft. Northwest uses a flight simulator for most of its training of Captains, First Officers and Second Officers, because the device allows the demonstration and evaluation of certain emergency procedures that could not safely be performed in an aircraft.

Toward the end of simulator training, a trainee is given a “pre-check” in which he is evaluated on many of the systems he has covered separately and in depth in previous simulator sessions. The pre-check is successfully completed if the trainee shows sufficient proficiency at all of the various tasks to convince the instructor that the trainee will pass a “proficiency check.” Accordingly, upon successful completion of a pre-check, a proficiency check is scheduled. A proficiency check is essentially a “pass-fail” examination in which the trainee is required to demonstrate his ability to *1301 perform various normal and emergency procedures. If the trainee fails the proficiency check, Northwest often prescribes more training and a re-check. If the trainee passes the initial proficiency check or a re-check, he will be assigned to “initial operating experience,” which consists of actually flying as a Second Officer on an aircraft, with passengers, under the supervision of a “check airman” who is a designee of the Federal Aviation Administration (“FAA”). If the check airman, after an appropriate period of supervision and a “line check”, certifies that the trainee has the requisite level of proficiency, the trainee is released to unsupervised “line flying.”

The appellants had considerable difficulty in their training. First, the returning pilot group as a whole had considerable difficulty with gross weight calculations, so much so that Northwest created a supplementary two day course in the subject. Secondly, the group had difficulty with the flow patterns required to be used in the Second Officer position. Proper use of flow patterns is crucial to the position because it insures that the Second Officer will check each of a myriad of controls and indicators on his panel and make any necessary readjustments. If flow patterns are not used or are used improperly, the Second Officer could fail to detect a problem at a time when it could be easily corrected. A third area of difficulty for the returning group was in the proper use of checklists.

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Bluebook (online)
831 F.2d 1297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-h-bartsh-et-al-plaintiffs-appellants-v-northwest-airlines-ca7-1987.