Julie Su Acting United States Secretary of Labor | Official Website
The U.S. Department of Labor has mandated Asia Pacific Airlines to compensate a former employee over $2 million. This order follows findings that the pilot was reprimanded, suspended, and eventually terminated for voicing concerns about aircraft safety and refusing to fly a cargo plane due to engine reliability issues.
The Occupational Safety and Health Administration (OSHA) conducted an investigation revealing that Aero Micronesia Inc., which operates the Guam-based airline, retaliated against the pilot for exercising their federally protected rights. The pilot had raised concerns about the maintenance team's handling of engine problems, which were reportedly overlooked in repair reports.
A concurrent inquiry by the U.S. Federal Aviation Administration supported the pilot's claims, determining that incorrect procedures were used by Asia Pacific Airlines' maintenance team to address engine malfunctions. Despite these findings, Ralph Freeman, then-chief pilot and Director of Operations at Asia Pacific Airlines, defended the decision to discipline and dismiss the employee during OSHA’s investigation.
Ryan Himes, OSHA Assistant Regional Administrator in Seattle, criticized Asia Pacific Airlines' actions: “Asia Pacific Airlines has shown an unacceptable and potentially catastrophic disregard for safety and shamefully viewed pilots’ safety concerns as employee conflicts.” He emphasized that employees are legally protected when raising safety concerns.
OSHA's order includes $419,267 in back pay plus interest, eight years of future salary compensation, $27,596 in loan interest reimbursement along with 401k contribution restoration, $75,000 for emotional damages, and reasonable attorney fees. Additionally, Asia Pacific Airlines must expunge the employee’s record and train current employees on their rights under federal law. The airline retains the right to appeal this decision through the department’s Office of Administrative Law Judges.
This case adds to a history of regulatory scrutiny faced by Tan Holdings Corp., owner of Asia Pacific Airlines. In 1992, Tan Holdings Corp.'s Levi Strauss Marianas garment factory was fined over $9 million for wage violations and worker abuses.
Since 2014 OSHA has received multiple safety complaints from pilots working with Asia Pacific Airlines.
The U.S. Department of Labor keeps whistleblower identities confidential in such cases.
