- wickedpediaYet in 2000, UAL's fortunes began to dim. In April 2000, the ESOP investment period ended for most US employees, prompting United's unions to fight for higher wages. Labor issues, air traffic congestion and poor weather forced UAL's United unit to implement widespread flight cancellations in the summer of 2000, harming the airline's reputation. Additionally, UAL Corporation announced its intent to merge with US Airways Group, Inc., the operator of American airline US Airways. The deal collapsed in mid-2001, due to lack of support from the U.S. government and employees. Then came the tragedy of September 11. The company ended 2001 with a record loss of $2.1 billion.
As losses continued in 2002, Glenn Tilton, a former Texaco CEO with experience operating a company in bankruptcy, was brought in by UAL's Board of Directors to try and prevent bankruptcy, or, if needed, successfully guide the company through a bankruptcy process. Tilton was appointed Chairman, President, and CEO of UAL Corporation and United Air Lines, Inc. in September 2002. Tilton sought wage cuts from employees and applied for a U.S. government loan guarantee to avoid filing for bankruptcy. By early December, the company had reached agreements with most of its unions for wage reductions, but its loan application was rejected Dec. 4. On Dec. 9, UAL and its subsidiaries filed for Chapter 11 reorganization. UAL quickly received debtor-in-possession (DIP) financing to allow it to continue "business as usual" while it reorganized its debt, capital and cost structures. The year ended with UAL seeking immediate voluntary wage reductions from all employee groups or permission from the bankruptcy court to impose those reductions in order to meet the strict covenants established by the DIP lenders.
Question 2: If the PIC becomes aware of an actual passenger count that differs from the manifest, must he resolve that difference before departing?
Response: Yes, to the extent that the miscount affects such safety issues as aircraft weight and balance calculations. See the discussion to Question No. 1.
For purposes of
Section 121.665, however, if the load manifest has the names of 100 passengers but the PIC notices that actually there are 110 passengers on board, then the air carrier, not the PIC, is in violation of the regulation. Likewise, if the PIC takes off and the load manifest only shows the names of 100 passengers although 110 are on board, the air carrier would be in violation of Section 121.693(e).
Question 3: If the PIC reports the discrepancy to the certificate holder prior to departure and is advised to nevertheless operate the flight by the certificate holder, may he (the PIC) do so?
Response: Since the requirements to maintain an accurate load manifest are the responsibility of the certificate holder, the PIC could not be found to be in violation of Sections 121.665 or 121.693(e) for proceeding with the flight despite inaccurate or incomplete information in the load manifest. However, the PIC might be held in violation of other regulations that apply to the pilots and that depend on
accurate passenger information, including accurate weight information. See discussion in Response to Question No. 1.
Question 4: Does the PIC have any responsibility for a passenger count discrepancy other than reporting it to the certificate holder? If so, what is the responsibility?
Response: Yes. See response to Question No. 1.
Thank you for your inquiry. We hope this has been responsive to your request. This response was prepared by Carol Moors Toth, attorney, Operations Law Branch, and coordinated with the Air Transportation Division of the Flight Standards Service.
Donald P. Byrne
Assistant Chief Counsel
Dear Mister Christensen,
I am researching the alleged flights of 9/11 and I noticed your name in the U.S.A. government's Commission's findings as a name interviewed to get passenger information. Would you be willing to let me ask some questions about your experience with the Commission?
I am specifically trying to locate the flight load manifests that should have been filled out for the American Airlines and United Airlines aircraft that were apparently hijacked on that day. It may be of utmost national importance that the public finds these documents and any leads you could provide would be most beneficial to the United States citizenry, its government and the world at large.
Thank you for any response!
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