Hal Bankruptcy Trustee Kicked Off Plane By Pilot

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Nov 6, 2002
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HAL bankruptcy trustee kicked off plane by pilot

By Dan Nakaso
Advertiser Staff Writer


A Hawaiian Airlines pilot asked bankruptcy trustee Josh Gotbaum to get off a plane preparing for takeoff Thursday, saying he was angry about Gotbaum's policies and could not safely fly the Boeing 767-300 with the trustee aboard.


Gotbaum agreed to leave rather than delay the takeoff, an airline spokesman said yesterday.

"The pilot told him he wasn't happy to have him on the flight," said Hawaiian spokesman Keoni Wagner. "Rather than delay the flight by discussing it at that point, he decided to take another flight."

The pilot, Capt. Craig Kobayashi, said yesterday: "So many employees are so emotional about him after all of the things Gotbaum has done, such as freezing our pension plan."

Hawaiian, which filed for bankruptcy in March 2003, is overdue in making $4.5 million worth of payments to the pilots' pension plan. Gotbaum has proposed several options for handling the plan, including terminating it, converting it to a defined-contribution plan or freezing it and protecting the earned benefits.

Thursday's incident is the only time that a Hawaiian pilot has asked Gotbaum to forgo a flight since he was appointed by the bankruptcy court last summer to run Hawai'i's largest airline.

Kobayashi said he was not trying to make a political or labor statement when he asked Gotbaum to leave Flight 12 from Honolulu to San Francisco.

"This was strictly a matter of safety," Kobayashi said. "It's not a vendetta. It's not anything else. I didn't feel that I could function properly."

Federal Aviation Administration officials yesterday said airline captains have the right to ask anyone to leave their planes.

"That's standard aviation protocol," FAA spokesman Donn Walker said. "A captain is in charge of his or her ship. It doesn't mean that the airline won't get mad at them for doing it. But it's the captain's place to decide who does or does not fly on his or her plane."

Kobayashi, 55, has been flying for Hawaiian for 25 years. He was preparing the plane for take-off when he learned that Gotbaum was settling into a first-class seat.

Kobayashi asked a flight attendant to bring Gotbaum to the cockpit, where he asked the trustee to leave the plane.

Kobayashi said Gotbaum "asked if he could give his side of the story and I said, 'That's fair.' He spoke about the good things he's trying to do and that his word is good. ... I told him, 'Actions speak louder than words. For now, I need to ask you to remove yourself from the flight,' which he did."

Jim Giddings, the head of the Hawaiian Airlines' pilots union, said, "All of our pilots are very professional, and they maintain a very high level of professional standards regardless of the circumstances. ... This is an isolated incident ... and we look forward to working through the bankruptcy issues going forward with Mr. Gotbaum for the benefit of Hawaiian Airlines."
 
Sorry, I thought I was putting this in the Regional and Nationals section, could it get moved please?

D'oh! :unsure:
 
Pretty cheap stunt, but also impressive. It appears that the Pilot worded everything correctly so as not to get in trouble. He didn't make it personal, he made it about safety. Safety is paramount. Some major marbles on that guy.
 
No wonder the industry is is in its current predicament! Over and over we are hearing about crew members, pilots and FA's showing their new found muscle. How many PAX are driven to alternate forms of transportation when they read about actions like this?

Perhaps HAL/FAA should reevaluate Capt. Kobyiashi's(?) medical certificate to determine his fitness to be in command of any commercial aircraft, given his permitting himself to be so upset about a business adversary being on one of his flights.
 
No wonder the industry is is in its current predicament! Over and over we are hearing about crew members, pilots and FA's showing their new found muscle.

What in the Sam Hill are you talking about? What new-found muscle? The Captain's authority comes from the FAA and is necessary to keep management beancounters from forcing an unsafe flight from leaving the gate. You can argue that this captains action was inappropriate but there's no "new-found muscle" anywhere!
 
I beg to differ. Regrettably, we see more reports in a week, than we would have previously seen in three months, about cockpit crews/FA's objecting to the presence of a given pax on a flight for no valid reason; religion, ethnic background and physical/personal appearance are not "valid" reasons in my book for asking someone to leave an A/C. Now this actiion of asking an official of the bankruptcy court to leave the A/C, simply because the pilot doesn't like his actions, reduces things to a new level. This is a sign of the times; the crews aren't happy with mgmt., they are looking for ways to express their unhappiness with their situation, and they take it out on the PAX. FAA rules and the carriers let them get away with it.

As to Capt. Kobayashi, if he were so preoccupied with the presence of Mr. Gotbaum on one of his flights that he was not certain that he could have transported the other 200 +/- PAX on his 767-300 safely to SFO, he should have asked to be relieved and gotten off the A/C. Mr. Gotbaum after all is nothing more than an official if the US Department of Justice, carrying out an assignment given to him by a Federal judge. If Captain Kobayashi couldn't handle the trustee's presence on one of his flights, and then made an issue of it which attracted nationwide publicity, in my unofficial opinion he should be disqualified from acting as pilot in command. How would he have handled a real problem? Remember, there is a lot of ocean between HNL & SFO.
 
I agree. Putting someone off of a flight because he/she is doing his/her job is ungood. (my opinion).
 
Regrettably, we see more reports in a week, than we would have previously seen in three months, about cockpit crews/FA's objecting to the presence of a given pax on a flight for no valid reason; religion, ethnic background and physical/personal appearance are not "valid" reasons in my book for asking someone to leave an A/C.

I happen to agree whole-heartedly.

FAA rules and the carriers let them get away with it.

Mind you I didn't say this captain's action was appropriate, I said there's no "new found muscle". The captain has always had the final authority as to the safe operation of the flight. The FAA grants that authority so it has no involvement in this event. The company, OTOH, can't force the captain's hand but it can certainly attempt to "retrain" him on company policy. There's simply no new "muscle".