13. Taking it to the Top

The louder he talked of his honor,
the faster we counted our spoons.
—Ralph Waldo Emerson

Glenn Tilton was recruited from outside the airline industry in September 2002 to be Chairman, President, and CEO to try and save the UAL Corporation and United Airlines from financial disaster. They still filed for bankruptcy on December 9, 2002, and operated in bankruptcy for over 3 years until February 2, 2006 (3 years, 1 month, 23 days).

Although Tilton was born in Washington, D.C., in 1948, most of his growing up years were spent in various Latin American countries where his father was a CIA agent. It was not until his late teens that he learned the true nature of his father’s job. After graduating from high school in Brazil, Tilton earned a bachelor’s degree in international relations from the University of South Carolina. He then went to work for Texaco and aggressively climbed the corporate ladder and was appointed chairman of Texaco Limited in 1991 and held other high-level positions within Texaco until he was recruited by UAL.

Tilton required that company president Rono Dutta and CFO Andy Studdert be fired before he would accept. He then fired another half-dozen senior executives and handpicked a team of managers who would assist him. Many employees considered him a “hatchet man” in his drive to restructure the company and save it from bankruptcy.

He did hold the threat of bankruptcy over us if we didn’t agree to massive pay and contract concessions. The Employee Stock Ownership Program (ESOP) lost 25% of its value from what employees paid into it over the years. The $10 billion pension plan evaporated and was the largest pension default in the history of the world at that time.

Even with all of those strong-arm tactics and unable to find adequate outside financing, UAL Corporation and United Airlines filed for bankruptcy on December 9, 2002. Many of us were devastated by the magnitude of our financial losses and the loss of careers.

Here is just one personal example of my financial devastation. I bought stock at $67/share and had about $650,000 when 9/11 happened. It had split once. It fell to less than $1/share sometime after 9/10/01. The company went before crooked bankruptcy Judge Eugene R Wedoff and was allowed to buy back stock at that price. These buy back transactions had not yet occurred when I was forced into retirement due to false medical charges. I received only $40,000 for my stock after having given up 25% of my pay for 5 years and 9 months to pay for it. I was forced to sell it back since they didn’t give me an option to keep it. That was a massive rip off that directly affected me.

According to court documents filed in Chicago, the FBI and DOJ turned a blind eye to retaliation against citizens who attempted to expose the corruption. The 2006 affidavit claims that “multiple judges and lawyers are aware of and/or involved in alleged criminal acts,” but hadn’t reported wrongdoing to authorities, in violation of the Rules of Professional Conduct. It specifically mentions four federal judges, including Eugene R. Wedoff, who was appointed chief bankruptcy judge of the Northern District of Illinois in 1986. The airline defaulted on pension obligations for over 134,000 United employees, while its top executives walked off with millions in exit bonuses. The court affidavit also accuses Wedoff of maintaining a $40-million bribery fund in a Chicago bank to bribe three other federal and six state court judges and other officers of the court. Do you begin to see the magnitude of the corruption the employees faced during this bankruptcy?

At this point I wasn’t aware of how corrupt things were. I knew that I was properly following all contract and legal rules and expected that the ALPA union would stand behind me. In light of the rude response received from the Senior VP of Safety, and because of the persistent stonewalling of Federally mandated safety and security reports, I felt that it was time for me to address my concerns to the executive office. I was still hopeful that satisfactory resolutions could be found to these safety and security concerns, even during the bankruptcy proceedings. It was obvious to me that a catastrophe due to these lax standards would also be devastating to United Airlines.

Additionally, I did not believe the official story about 9/11 during this time frame as I knew, with the huge number of holes in the aviation security system, it was a farce window dressing to give the appearance that the government was safeguarding the traveling public. I also refused to believe that the unqualified alleged Muslim hijackers, trained mainly in light single-engine propeller driven aircraft, could possibly have flown the aircraft that day. I fully realized that the government and company management would do everything possible to silence me, but also foolishly believed that my union, which was on the ropes in court, would protect me. I knew full well that the union was thwarted from speaking out in my defense due to pressures being exerted in bankruptcy court by the judge so I drafted a business letter to Mr. Tilton that was be copied to key ALPA personnel. I then called Captain Mark Seal, my New York union leader, and let him know that I intended to mail the letter. He pleaded with me to first email him a copy of the letter. He wanted to review it with ALPA lawyers in Chicago before I mailed it. I agreed. I let him know that I would send it without their advice or consent if they sat on the letter too long.

Here is the letter:

July 23, 2003
Mr. Glenn Tilton, Chief Executive Officer
United Airlines
P.O. Box 66100
Chicago, Illinois 60666

Dear Mr. Tilton,

I do not play politics with other peoples’ lives.

I will not compromise aviation safety and security to ensure the financial survival of United Airlines.

United Airlines is currently conducting unsafe flight operations. The employee morale is lower than I have observed in any organization I have ever served. Chronic lethargy is running rampant. It is readily transparent that company survival concerns have taken precedence over employee issues and aviation safety and security matters.

From my experience in the past 22 months since 9/11/01, the safety communications processes established within the company and the union has either broken down or has been stifled at some level at every turn. The ALPA, my supposed safety and security buffer and communications link in the work environment, has either been threatened or gagged.

Consequently, this organization has not addressed obvious security issues because the government and the industry do not want to “waste” the money on such “trivial” matters because their very own survival is at stake.

I have appended enclosure (1) for your perusal. I am a patient man and have been so for the past 22 months. I do not believe in using intimidation, coercion, extortion, deceit, manipulation, or exploitation to achieve my goals and objectives.

There are currently individuals in key managerial positions, both within United Airlines and the ALPA, who have yet to demonstrate the moral strength and courage (for whatever reason), to address the critical safety and security issues that we face. I perceive that they are selfishly directing all energies toward company survival without due regard to safety. This effort, although perhaps a capitalistic noble one, is diametrically in opposition to the ALPA Code of Ethics and every precept of safety this industry was built on and forces each pilot to compromise his professional integrity and aviation safety.

I cannot, in good conscience, allow this process to continue.

This correspondence is sent directly to you to serve notice that I intend to resubmit reports via appropriate communications channels to address safety and security concerns that are obvious to you and others in positions of influence and power in the company and the union.

I am charged with legal and moral responsibility of the safe carriage of passengers in commercial jet aircraft. This company is being driven by the corporate goals of the Marketing and Finance departments. This is understandable since United Airlines is a commercial enterprise in bankruptcy. Unfortunately, their goals and priorities conflict with, and have taken precedence over, most precepts of aviation safety. The Flight Operations department has taken a back seat in perilous times and no one is speaking up on behalf of the pilot group. Why indeed?

If the Marketing and Finance departments are driving our corporate objectives, then it appears they are clueless and unconcerned about aviation safety and security and their efforts must be redirected by whatever means available. Apparent concerns are not being addressed and necessary departments are not apprised because personnel somewhere are not doing their jobs or have devious designs for revenue enhancement.

It appears that the government and airline industry executives have determined, for financial reasons, that it is necessary to dismantle unions or otherwise render them powerless thereby diluting the effectiveness of my critical safety communications link in my job and the contractual safety provisions while operating in a high-threat, terrorist environment.

Concurrently, they continue to ignore costly security measures necessary to ensure safe carriage of passengers. My real concern about my union is that they are guilty only of complicity under duress in this devious scheme; a scam that can be proven in a Federal court of law and would be very damaging to all concerned parties. If this is the case, it cannot be allowed to continue. I am prepared to act and will do so.

As an aviation safety professional, performing my legal duties under the moral auspices of the ALPA Code of Ethics, if immediate response and redirection is not taken by responsible parties, I will be offered no other recourse but to seek remedy and relief by any and all available and appropriate means outside of United Airlines and the ALPA, but within the legal limits of the law. You and I do not want or need these awkward safety/financial issues to be pulled into the court of public opinion. I feel so very strongly about these matters that I am willing to risk my career and my pension and benefits to achieve my objectives, and am able to do so, if necessary.

Peoples’ lives are at stake. I shouldn’t even have to take up your time by writing this letter to you. You are an honest man of high moral fiber or you would not be serving in your present capacity as Chief Executive Officer of United Airlines.

I do not play politics with other peoples’ lives.

Thank you for your time.
Respectfully,
Captain Dan Hanley
JFK B-777 Captain
United Airlines

Enclosure:
Letter to Captain Paul Whiteford dated July 12, 2003

Copied:
Captain Duane Woerth, ALPA National Chairman
Captain Paul Whiteford, ALPA UAL-MEC Chairman
Captain Rory Kay, MEC – Central Air Safety Chairman
Captain J.A. Santiago, MEC – Professional STDS
Captain Mark Seal, Council 52 Chairman
Captain Bob Falco, Council 52 Professional STDS
Captain Greg Downs, Council 52 Safety

Several days later I was having dinner in the JFK food court before filing my JFK to London flight plan. The head ALPA lawyer in Chicago, Bob Nichols, called me. He let me know that he was on the speaker phone with Captain Chuck Pierce, the ALPA Grievance Committee Chairman. I asked if he had read my letter to Glenn Tilton? Yes. I asked if anything in the letter was in violation of any company policy or contradicted the ALPA Code of Ethics or Federal Aviation Regulations? No. As my legal representative and guardian of my career, I finally asked if he recommended that I forward the letter to Glen Tilton?

“No!”, he shouted!

Captain Pierce then added: “Go ahead and send that letter if you never want to fly another United Airlines airplane again in your life, Dan.”

I was dumbfounded!

“Let me remind you both,” I stated, as evenly as I could, “I have done nothing wrong. The actions I have taken so far are according to the ALPA Code of Ethics. They’re even required by the FAA regulations!”

Captain Pierce responded: “Let me explain reality to you. You do this, and the company will find a way to remove you from scheduled flight operations. It’ll be done either on medical, psychological, or professional grounds. But, one way or another, it’ll be done. They’ll either strip you of your medical certificate, or they’ll take away your pilot’s license. Either way, you’ll end up grounded for life.”

My blood froze as I mentally processed those words.

Taking a breath, I asked, “Bob, just how far, legally, would you defend me if I elected to send the letter anyway?”

“Not very far,” he said, flatly.

As I hung up the phone, I realized that I had absolutely no ALPA legal protection. I would now be on my own in attempting to bring safety and security issues to light, while somehow protecting my own career.

I spent the next several days analyzing and agonizing about what to do next. I finally decided not to mail the letter. I had tried to keep these issues in-house long enough. It was time to involve the Federal Aviation Administration (FAA). I would now file Flight Safety Awareness Reports (FSAP). I organized appropriate safety and security data for several more days and wrote eight FSAPs and submitted them online to the company. These reports are supposed to be confidential. They are supposed to be routed to the Event Review Committee consisting of a company Flight Manager, an ALPA Pilot Representative, and the FAA Principal Operation Inspector assigned to United Airlines. I definitely expected a response from the Committee.

Instead, I received a call several days later from my assistant chief pilot, Captain Gunar Palm. He abruptly informed me that I had been removed from scheduled flight operations. I was now required to fly to New York City to discuss the FSAPs with him and the chief pilot before being allowed to pilot another flight.

I told him of my conversation several days earlier with Bob Nichols. I was concerned that my career might be jeopardized by having sent in the reports. I also shared that it was unlikely that ALPA would help protect me as required by the union’s mandate. I would therefore require that my aviation attorney accompany me to the meeting and that the conversation be recorded to protect my career.

“Dan. No way!”

“Sorry, Captain Palm,” I replied. “In that case, I will be unable to attend the meeting.” I hung up.

The next day, I received a call from Captain Mark Seal, my New York union leader.

“Dan. You have to fly to fly to New York,” he insisted.

“Why’s that, Mark?”

“Look, all you’ve got to do is have an evaluation.”

“What kind of evaluation?”

“The union has these ‘quack shrinks’, somebody who’ll have a chat with you.”

“They think they can declare me ‘mentally unstable,’ don’t they?”

“Well, you have to do it so they can make that call.”

“You know if they do declare me ‘mentally unstable,’ I’ll end up grounded for life”.

“Oh, hell, Dan. If they do that, you’ll just start drawing your medical retirement,” he said, as if I shouldn’t mind.

Outraged, I reminded him that my intent was not to be grounded. I reminded him of the many issues that I had attempted to bring to light over the past few years. I reminded him that I had been ignored by both the union and United Airlines. Then, I informed him that his idea was ludicrous, and I hung up.

There was no doubt now that both United Airlines and ALPA were attempting to silence me, just as I had been warned by Bob Nichols and Captain Pierce several days earlier.

We were now at an impasse. I had followed FAA regulations by filing the federally mandated FSAPs. Those were supposed to be confidential and only sent to the Event Review Committee. They had instead been wrongfully sent to my flight office in New York!

I was now desperate and called Captain Bob Spielman, my chief pilot, for advice.

Bob said, “Dan, the Chief Flight Surgeon for United Airlines just ordered me, and I quote, to ‘put that son of a bitch on sick list.’”

“But they have to give me a medical exam by a company flight physician,” I replied. That was our contract rule. Yet it was becoming increasingly obvious that the “rules” no longer applied.

“I know. But don’t count on it,” he sighed. “Sorry, Dan.”

“You know they’re doing this to punish me, don’t you? It isn’t right,” I said to Captain Spielman. “If you do this, pretty soon, I won’t have a paycheck coming in.”

He lowered his voice a bit and said, “You do have one recourse, Dan.”

“What’s that?”

“You need to seek legal protection.”

He sounded so earnest.

“How do I do that, without ALPA?”

“By agreeing to submit to the EAP,” referring to the Employee Assistance Program. “If you do that, you’ll be protected by the FAA with a guarantee of future income. You just have to sign a paper saying you agree to comply with the program requirements.”

He made it sound almost reasonable.

The EAP was designed for counseling employees through difficult personal problems that were affecting their work performance. I didn’t feel that I needed this, yet it sounded hopeful at that time. I had already felt that the company and the union were hell bent on railroading me off the property based upon some false psychological grounds. This would effectively end my flying career when I was so close to retirement.

It should be noted that I was already fully aware that other pilots were being wrongfully terminated through forced false psychiatric evaluations. Six months prior I had hired the best psychiatrist and psychologist I could find in my Atlanta domicile to evaluate my psychological health and fitness. I wanted to be able to protect myself with this evidence should the company attempt to terminate me on psychological grounds. I fully intended to expose this travesty of justice at a later date.

I had never failed a medical or psychological examination in my entire aviation career of 35 years. I felt confident that I wouldn’t fail these examinations at this time. I actually felt secure in accepting his invitation to EAP. I was desperate and this seemed to be the only exit from my difficulties.

They flew me first class from Atlanta to Chicago’s O’Hare Airport, where I met with the chief flight surgeon and head of EAP in Chicago, Dr. Ray McGuffen.

There was a long wait after arriving at the O’Hare Medical facility. I was finally shown to a medical examination room where I met with the doctor and the EAP representative. The O’Hare chief pilot and a member of the ALPA EAP committee soon joined us. After the doctor asked how I felt, I asked if he knew why I was in his office. He didn’t. I therefore explained my dilemma. He then calmly asked if I would be willing to visit with a company-appointed psychiatrist at a nearby office. Still thinking that I was going to be “exonerated,” I reluctantly agreed.

The chief pilot and the EAP representative drove me to psychiatrist office. During the ten-minute drive, I explained to both of them what I was attempting to accomplish. The chief pilot turned to me and said, “You make me proud to be an ALPA pilot, Dan.”

When we arrived at The Alexian Brothers Behavioral Hospital, I became very alarmed! This was a mental hospital and an insane asylum! Surely “They couldn’t do anything to me,” because I was definitely mentally sound and could prove it. Yes, I made myself believe that this was just another chance to prove my excellent medical and flight performance history.

We checked in at the front desk. We were then shown to a small office where we met with the Catholic nun who served as the psychologist. I tried to explain the Captain Reports and Flight Safety Awareness Reports. I also tried to explain the safety and security issues since 9/11 that I had been reporting to the company, ALPA, and the FAA. Judging from her puzzled facial expressions, I quickly suspected that my explanations were futile. I figured that it was all either irrelevant to her or she was having trouble trying to understand too many unfamiliar references. Maybe these were her normal facial expressions after patiently listing to so many “crazy people” in her line of work. Regardless, she remained pleasant while I tried to explain. I finally realized that she was clueless about what I was attempting to do about airline safety and security.

I might as well have told her that I was Napoleon.

Since it was late in the day, she asked if I would be willing to meet with a psychiatrist early in the morning. To help defray my expenses and make it more convenient, she offered to let me stay in a room for the night. My chief pilot had explained that to get EAP support I needed to cooperate. To my everlasting regret, I accepted her invitation!

I went to the second-floor check in desk. I was asked to relinquish all personal belongings, including my belt and shoes. Prior to this I had assumed that I would be given a private room, but now I was alarmed and began to wonder what was really happening.

The check-in nurse suggested that I should inspect under my bed and in the bathroom for female patients. Sometimes they attempt to sexually molest male patients during the night.

To avoid that problem, I explained that I would lock the door to my room. Since nurses would be checking the rooms during the night, I wasn’t allowed to lock my door. Now I was becoming really concerned.

I tried to introduce myself to my roommate when I entered the room, but discerning immediately that he was very much mentally ill, I quickly realized that I had made a terrible mistake by agreeing to stay the night here. My expectations certainly didn’t match the unfolding reality! I was now in a mental ward room with a very paranoid and schizophrenic male patient.

During the next few hours, I was very uncomfortable trying to co-exist with the man’s personal unrealities. A nurse then asked us to accompany her down the hall for our “sleep medications”. I explained that I was already very tired after a very long and stressful day, so wouldn’t need any “sleep medication”. She insisted. I then stood in a long line with severely mentally impaired patients until I was finally given two tablets to swallow with a paper cup of water. When I got back to the room, I fell asleep on a rock-hard bed.

Around 3 AM, I half consciously awoke to the unfolding nightmare. I had apparently tried to use the bathroom and passed out unconscious on the floor before getting there, as a result of the powerful sedative they had forced me to take. I was now surrounded by a group of nurses and a doctor. One was taking my blood pressure and read “60/40” out loud. The left side of my face was now swollen from hitting the hard floor. Because of my extremely low blood pressure, I honestly thought that I was dying.

I was given a complete physical examination in the morning. I was then required to have breakfast with the mental patients. Then “hospital policy” required me to attend group therapy sessions with those patients, some of whom were very sick. Of course, I had nothing to contribute in these sessions. I just sat there and listened to mentally ill patients describe their symptoms. I was forced to comply. I was horrified. Because of the “agreement” I had to sign, they now had me boxed in!

Of course, I was outraged and humiliated by the horrible treatment I was receiving. Yet I felt that I had to comply with the EAP-designated routines to assure my future income and to protect my 35-year outstanding career as a pilot and captain.

Later in the day I had to fill out written psychological exams. Then a woman Indian psychiatrist, Dr. Mohinda Chada, spent only about a half hour chatting with me. As I had previously observed with the Catholic nun psychologist, I also found that this psychiatrist was clueless as to why I was here. However, I remained relaxed and congenial. At no time could my behavior be considered “mentally unstable”.

I was again offered “sleep medication” after the evening meal. I politely refused. Taking one “mickey” from these people was all I cared to experience.

I had been reading a spiritual book to help sustain my moral courage, which was definitely needed in this disastrous environment. I convinced a nurse to get it from my personal belongings. My roommate kept me awake with his loud snoring. I retreated to a couch at the lit end of the hall to read and try to find some peace. While reading, I noticed a tall African American gentleman in a suit approaching me. I thought that he was a doctor as he emerged from the dark end of the hallway.

As he approached, he said, “Hello Dan. How are you doing?” I was surprised that he knew my name. After some small talk, he said, “I know why you are in here and what you are attempting to do. Why don’t you just drop what you are doing and get back to flying?”

I was alarmed. Who was he and what was he doing here? I was certain that he was not associated with the hospital. As he turned to walk back up the hall, he said, “Think about what you are doing.” I never saw that man again, nor did I ever learn who he was.

After breakfast the next morning and the required “group therapy” session, Dr. Mohinder Chada came to “visit” again. After a short fifteen-minute conversation, I was “diagnosed” as bipolar…mentally unstable. She had only spoken with me for half an hour yesterday and seemed clueless about my situation. I had never exhibited any symptoms of this manic-depressive disorder in her presence, or in the presence of anyone else!

“That’s not true,” I protested. “That’s not a correct diagnosis. You have to know that!”

But the skids had already been greased against me. That stranger from the night before had given me my very last chance. I could only keep flying if I capitulated and renounced my principled position. My morals and honesty would not allow me to turn a blind eye to the security and safety concerns that could adversely affect both crew and passengers. Since I hadn’t capitulated, Dr. Chada calmly wrote a medical prescription that “medically” grounded me for life!

Just like that, my long-sought and hard-won pilot and captain flying career of distinction that had no prior blemishes was over! But not if I could help it!

Before I was grounded, I sought and received counselling from both the best psychologist and psychiatrist I could find in Atlanta. They authoritatively documented the soundness of my mental health. My objective was to show the FAA that the bipolar diagnosis of United’s psychiatrist was wrong. I knew at this point in time that the FAA and United/ALPA management were colluding to destroy my outstanding career.

I flew to Denver on October 13th to pay a surprise visit to Donald Hudson, the ALPA Aeromedical Advisor. I appraised him of the details of my situation during a one-hour consultation. I realized that he had already been briefed by ALPA legal in Chicago. I explained that by submitting ASAPs, I was fulfilling my obligations as a captain. It seemed that my reports had been stonewalled by upper management.

His response was very revealing. “We don’t do business that way anymore.”
I replied, “But I still do!”

He explained that ALPA was waiting for the clinical diagnosis from the Alexian Brothers Behavioral Health Hospital psychiatrist. He would then be in touch with me and the FAA for the administrative disposition of my case.

Based upon what had already happened, I surmised that the legal and political skids were now greased against me. This ALPA Aeromedical Advisor was clearly a “company” man. This meant that I would now have to fight this battle in another way on another day. I would probably need to use the FAA Whistle Blower Protection report after United Airlines emerged from bankruptcy.

We don’t do business that way anymore. I and most Americans had “missed the memo” announcing the complete renunciation of moral values in business and political endeavors. There was no memo. This was a political “sea change” that was being discovered by conscientious citizens. Everyone else would just continue living life on autopilot. This “sea change” was a set of strategic political and economic decisions made quietly in private rooms. These decisions carried the weight of the law, though not the letter of the law. Individuals would learn one by one, at their own peril that they would be marginalized and neutralized, if they dared utter a word of protest about this deliberately guided and degenerating state of affairs.

I received a phone call from my JFK Chief Pilot on November 4, 2003. He was under great pressure from upper-level United Airlines management to discharge me via “medical grounding.” He insisted that I comply with these administrative procedures.

I called the JFK Flight Surgeon, Dr. Bernie Weiss, on December 22. What was the status of my application for short-term disability? He advised me that upper-level management had already informed him that my long-term disability had been approved. He cut me short when I wanted to discuss the details of my termination. He was just following company directives and would not answer any of my questions.

They used a fake medical diagnosis to permanently ground me on December 30, 2003. This ended my outstanding career as a pilot in the Navy and at United Airlines. My career and retirement were destroyed because I had honestly and properly reported safety and security issues.

Over the course of six years, I presented my solid evidence, which included a huge correspondence trail, witness testimony, my psychiatric records, recorded phone conversations and other information to the Departments of Transportation, FAA, Justice, Homeland Security, my home state US senators and congressman, and many other government officials in hopes of exposing the crime of my wrongful termination. No one was interested. My case was closed by the Department of Transportation Inspector General’s office without interviewing a single witness or reviewing my solid evidence of criminal wrongdoing.

My outstanding 35-year aviation career was now over. United Airlines, ALPA, and the FAA thought that they had succeeded in silencing me. They all underestimated me. I was not going to be silenced!

The harsh realities of the corruptions I had experienced were hard to reconcile. My faith was being crushed. I felt that I had hit absolute bottom. Little did I know at the time that a very rough road lay ahead.

The United Airlines bankruptcy of December 9, 2002, was still ongoing. The employees had agreed to many concessions just to help keep the airline operating. These agreements would eventually be broken and negatively affect all employees financially.

Please see the following articles in the Appendix for additional relevant information:

• Pilots: United Airlines bankruptcy never should have happened
• Update: FBI, DOJ refuse to investigate charges of judicial corruption