Army policy could ground hefty pilots

A new Army policy may ground some Fort Rucker flight instructors next week who have packed on a few extra pounds.

According to a lawsuit filed by the Professional Helicopter Pilots Association (PHPA), a new Army regulation takes effect April 1 which will bar flight instructors employed by URS Federal Support Services from flying in certain helicopters, or even instructing in certain flight simulators if they weigh more than 250 pounds in their flight suit and boots.

The suit names six flight instructors as defendants who live near Fort Rucker, are employed by URS and currently weigh more than 250 pounds. According to the policy, the instructors will be placed on paid leave for as long as the instructors are eligible. Employees who do not have paid leave will be placed on unpaid leave and will remain on the seniority roster for up to 24 months, but will not be eligible to work as long as they weigh more than 250 pounds.

The suit claims the instructors have not been given due process. It states the instructors are working under a collective bargaining agreement which states instructors can only be discharged for cause.

“The (Army’s) weight limit policy does not allow Plaintiffs to be heard at a meaningful time in a meaningful way before they are deprived of their property right,” states the suit, filed on behalf of the defendants by the law firm of Quinn, Connor, Weaver, Davies and Rouco of Birmingham.

The instructors do not work for the Army. URS employs about 450 civilians at Fort Rucker. About 400 work as flight instructors, academic instructors and support personnel, according to the suit.

The suit states the Army initially sought to impose the weight restriction on Oct. 1, 2012, and instead opted to implement a weight monitoring/control program. The implementation of the weight restriction was moved to April 1, 2013. The PHPA sought another six-month delay, but the Army denied the request.

The restriction affects TH-67, OH-58 and TH-1 aircraft and also includes some flight simulator instructors. The suit claims that the Army has not provided rationale for the new policy. It also claims Army personnel and flight instructors for other contractors are not subject to the weight restriction.

PHPA attorney Robert Weaver said the parties are scheduled to participate in a telephone conference Friday with U.S. District Court Magistrate Judge Susan Russ Walker.

“We believe the clients have been deprived of due process,” Weaver said Thursday. “Our position is their employment is being adversely affected by a policy of the federal government and they have a right to due process.”

The Army has not yet filed a response in the case. Weaver said the Army is in the process of responding to a Freedom of Information request for documents relating to the policy.

An e-mail to the Army’s attorney of record, Robert Anderson, was not returned.

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