[Plura-list] Boeing's deliberately defective fleet of flying sky-wreckage

[Cory Doctorow]

Read today's issue online at: https://pluralistic.net/2024/05/01/boeing-boeing/

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I'm touring my new, nationally bestselling novel *The Bezzle*! Catch me TOMORROW (May 2) in WINNIPEG then FRIDAY (May 3) in CALGARY and SATURDAY (May 4) in VANCOUVER. Next is Tartu, Estonia, and beyond!

https://pluralistic.net/2024/02/16/narrative-capitalism/#bezzle-tour

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Today's links

* Boeing's deliberately defective fleet of flying sky-wreckage: Nothing good has the acronym 'MRSA.'

* Hey look at this: Delights to delectate.

* This day in history: 2004, 2009, 2014, 2019, 2023

* Upcoming appearances: Where to find me.

* Recent appearances: Where I've been.

* Latest books: You keep readin' em, I'll keep writin' 'em.

* Upcoming books: Like I said, I'll keep writin' 'em.

* Colophon: All the rest.

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⛱ Boeing's deliberately defective fleet of flying sky-wreckage

Boeing's 787 "Dreamliner" is manufactured far from the company's Seattle headquarters, in a non-union shop in Charleston, South Carolina. At that shop, there is a cage full of defective parts that have been pulled from production because they are not airworthy.

Hundreds of parts from that Material Review Segregation Area (MRSA) were secretly pulled from that cage and installed on aircraft that are currently plying the world's skies. Among them, sections 47/48 of a 787 - the last four rows of the plane, along with its galley and rear toilets. As Moe Tkacik writes in her excellent piece on Boeing's lethally corrupt culture of financialization and whistleblower intimidation, this is a *big ass* chunk of an airplane, and there's no way it could go missing from the MRSA cage without *a lot* of people knowing about it:

https://prospect.org/infrastructure/transportation/2024-04-30-whistleblower-laws-protect-lawbreakers/

More: MRSA parts are prominently emblazoned with red marks denoting them as defective and unsafe. For a plane to escape Boeing's production line and find its way to a civilian airport near you with these defective parts installed, *many* people will have to see and ignore this literal red flag.

The MRSA cage was a special concern of John "Swampy" Barnett, the Boeing whistleblower who is alleged to have killed himself in March. Tkacik's earlier profile of Swampy paints a picture of a fearless, stubborn engineer who refused to go along to get along, refused to allow himself to become inured to Boeing's growing culture of profits over safety:

https://prospect.org/infrastructure/transportation/2024-03-28-suicide-mission-boeing/

Boeing is America's last aviation company and its single largest exporter. After the company was allowed to merge with its rival McDonnell-Douglas in 1997, the combined company came under MDD's notoriously financially oriented management culture. MDD CEO Harry Stonecipher became Boeing's CEO in the early 2000s. Stonecipher was a protege of Jack Welch, the man who destroyed General Electric with cuts to quality and workforce and aggressive union-busting, a classic Mafia-style "bust-out" that devoured the company's seed corn and left it a barren wasteland:

https://qz.com/1776080/how-the-mcdonnell-douglas-boeing-merger-led-to-the-737-max-crisis

Post-merger, Boeing became increasingly infected with MDD's culture. The company chased cheap, less-skilled labor to other countries and to America's great onshore-offshore sacrifice zone, the "right-to-work" American south, where bosses can fire uppity workers who balked at criminal orders, without the hassle of a union grievance.

Stonecipher was succeeded by Jim "Prince Jim" McNerney, ex-3M CEO, another Jack Welch protege (Welch spawned a botnet of sociopath looters who seized control of the country's largest, most successful firms, and drove them into the ground). McNerney had a cute name for the company's senior engineers: "phenomenally talented assholes." He created a program to help his managers force these skilled workers - everyone a Boeing who knew how to build a plane - out of the company.

McNerney's big idea was to get rid of "phenomenally talented assholes" and outsource the Dreamliner's design to Boeing's suppliers, who were utterly dependent on the company and could easily be pushed around (McNerney didn't care that most of these companies lacked engineering departments). This resulted in a $80b cost overrun, and a last-minute scramble to save the 787 by shipping a "cleanup crew" from Seattle to South Carolina, in the hopes that those "phenomenally talented assholes" could save McNerney's ass.

Swampy was part of the cleanup crew. He was terrified by what he saw there. Boeing had convinced the FAA to let them company perform its own inspections, replacing independent government inspectors with Boeing employees. The company would mark its own homework, and it swore that it wouldn't cheat.

Boeing cheated. Swampy dutifully reported the legion of safety violations he witnessed and was banished to babysit the MRSA, an assignment his managers viewed as a punishment that would isolate Swampy from the criminality he refused to stop reporting. Instead, Swampy audited the MRSA, and discovered that at least 420 defective aviation components had gone missing from the cage, presumably to be installed in planes that were behind schedule. Swampy then audited the *keys* to the MRSA and learned that hundreds of keys were "floating around" the Charleston facility. Virtually anyone could liberate a defective part and install it into an airplane without any paper trail.

Swampy's bosses had a plan for dealing with this. They ordered Swampy to "pencil whip" the investigations of 420 missing defective components and close the cases without actually figuring out what happened to them. Swampy refused.

Instead, Swampy took his concerns to a departmental meeting where 12 managers were present and announced that "if we can’t find them, any that we can’t find, we need to report it to the FAA." The only response came from a supervisor, who said, "We’re not going to report *anything* to the FAA."

The thing is, Swampy wasn't just protecting the lives of the passengers in those defective aircraft - he was also protecting Boeing employees. Under Sec 38 of the US Criminal Code, it's a 15-year felony to make any "materially false writing, entry, certification, document, record, data plate, label, or electronic communication concerning any aircraft or space vehicle part."

(When Swampy told a meeting that he took this seriously because "the paperwork is just as important as the aircraft" the room erupted in laughter.)

Swampy sent his own inspectors to the factory floor, and they discovered "dozens of red-painted defective parts installed on planes."

Swampy blew the whistle. How did the 787 - and the rest of Boeing's defective flying turkeys - escape the hangar and find their way into commercial airlines' fleets? Tkacik blames a 2000 whistleblower law called AIR21 that:

> creates such byzantine procedures, locates adjudication power in such an outgunned federal agency, and gives whistleblowers such a narrow chance of success that it effectively immunizes airplane manufacturers, of which there is one in the United States, from suffering any legal repercussions from the testimony of their own workers.

By his own estimation, Swampy was ordered to commit two felonies *per week* for *six years*. Tkacik explains that this kind of operation relies on a culture of ignorance - managers must not document their orders, and workers must not be made aware of the law. Whistleblowers like Swampy, who spoke the unspeakable, were sidelined (an assessment by one of Swampy's managers called him "one of the best" and finished that "leadership would give hugs and high fives all around at his departure").

Multiple whistleblowers were singled out for retaliation and forced departure. William Hobek, a quality manager who refused to "pencil whip" the missing, massive 47-48 assembly that had wandered away from the MRSA cage, was given a "weak" performance review and fired despite an HR manager admitting that it was bogus.

Another quality manager, Cynthia Kitchens, filed an ethics complaint against manager Elton Wright who responded to her persistent reporting of defects on the line by shoving her against a wall and shouting that Boeing was "a good ol’ boys’ club and you need to get on board." Kitchens was fired in 2016. She had cancer at the time.

John Woods, yet another quality engineer, was fired after he refused to sign off on a corner-cutting process to repair a fuselage - the FAA later backed up his judgment.

Then there's Sam Salehpour, the 787 quality engineer whose tearful Congressional testimony described more corner-cutting on fuselage repairs:

https://www.youtube.com/watch?v=PP0xhIe1LFE

Salehpour's boss followed the Boeing playbook to the letter: Salehpour was constantly harangued and bullied, and he was isolated from colleagues who might concur with his assessment. When Salehpour announced that he would give Congressional testimony, his car was sabotaged under mysterious circumstances.

It's a playbook. Salehpour's experience isn't unusual at Boeing. Two other engineers, working on the 787 Organization Designation Authorization, held up production by insisting that the company fix the planes' onboard navigation computers. Their boss gave them a terrible performance review, admitting that top management was furious at the delays and had ordered him to punish the engineers. The engineers' union grievance failed, with Boeing concluding that this conduct - which they admitted to - didn't rise to the level of retaliation.

As Tkacik points out, these engineers and managers that Boeing targeted for intimidation and retaliation are the very same staff who are supposed to be performing inspections of behalf of the FAA. In other words, Boeing has spent years attacking its own regulator, with total impunity.

But it's not just the FAA who've failed to take action - it's also the DOJ, who have consistently declined to bring prosecutions in most cases, and who settled the rare case they *did* bring with "deferred prosecution agreements." This pattern was true under Trump's DOJ and continued under Biden's tenure. Biden's prosecutors have been so lackluster that a federal judge "publicly rebuked the DOJ for failing to take seriously the reputational damage its conduct throughout the Boeing case was inflicting on the agency."

Meanwhile, there's the AIR21 rule, a "whistleblower" rule that actually protects Boeing *from* whistleblowers. Under AIR21, an aviation whistleblower who is retaliated against by their employer must first try to resolve their problem internally. If that fails, the whistleblower has only one course of action: file an OSHA complaint within 90 days (if HR takes more than 90 days to resolve your internal complaint, you can no have no further recourse). If you manage to raise a complaint with OSHA, it is heard by a secret tribunal that has no subpoena power and routinely takes *five years* to rule on cases, and rules against whistleblowers *97% of the time*.

Boeing whistleblowers who missed the 90-day cutoff have filled the South Carolina courts with last-ditch attempts to hold the company to account. When they lose these cases - as is routine, given Boeing's enormous legal muscle and AIR21's legal handcuffs - they are often ordered to pay Boeing's legal costs.

Tkacik cites Swampy's lawyer, Rob Turkewitz, who says Swampy was the only one of Boeing's whistleblowers who was "savvy, meticulous, and fast-moving enough to bring an AIR 21 case capable of jumping through all the hoops" to file an AIR21 case, which then took *seven years*. Turkewitz calls Boeing South Carolina "a criminal enterprise."

That's a conclusion that's hard to argue with. Take Boeing's excuse for not producing the documentation of its slapdash reinstallation of the Alaska Air door plug that fell off its plane in flight: the company says it's not criminally liable for failing to provide the paperwork, because it never documented the repair. Not documenting the repair is also a crime.

You might have heard that there's some accountability coming to the Boeing boardroom, with the ouster of CEO David Calhoun. Calhoun's likely successor is Patrick Shanahan, whom Tkacik describes as "the architect of the ethos that governed the 787 program" and whom her source called "a classic schoolyard bully."

If Shanahan's name rings a bell, it might be because he was almost Trump's Secretary of Defense, but that was derailed by the news that he had "emphatically defended" his 17 year old son after the boy nearly beat his mother to death with a baseball bat. Shanahan is presently CEO of Spirit Aerospace, who made the door-plug that fell out of the Alaska Airlines 737 Max.

Boeing is a company where senior managers only fail up and where whistleblowers are terrorized in and out of the workplace. One of Tkacik's sources noticed his car shimmying. The source, an ex-787 worker who'd been fired after raising safety complaints, had tried to bring an AIR21 complaint, but withdrew it out of fear of being bankrupted if he was ordered to pay Boeing's legal costs. When the whistleblower pulled over, he discovered that two of the lug-nuts had been removed from one of his wheels.

The whistleblower texted Tkcacik to say (not for the first time): "If anything happens, I'm not suicidal."

Boeing is a primary aerospace contractor to the US government. It's clear that its management - and investors - consider it too big to jail. It's also clear that they know it's too big to fail - after all, the company did a $43b stock buyback, then got billions in a publicly funded buyback.

Boeing is, effectively, a government agency that is run for the benefit of its investors. It performs its own safety inspections. It investigates its own criminal violations of safety rules. It loots its own coffers and then refills them at public expense.

Meanwhile, the company has filled our skies with at *least* 420 airplanes with defective, red-painted parts that were locked up in the MRSA cage, then snuck out and fitted to an airplane that you or someone you love could fly on the next time you take your family on vacation or fly somewhere for work.


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⛱ Hey look at this

* When writers get stuck http://dreamcafe.com/2024/04/30/when-writers-get-stuck/

* Machines and tools https://crookedtimber.org/2024/05/01/52657/

* Fallout Cyberdeck https://hackaday.io/project/195667-fallout-cyberdeck (h/t JWZ)

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⛱ This day in history

#20yrsago MIT Tech Review makes a fool out of Jack Valenti https://web.archive.org/web/20040529210502/www-tech.mit.edu/V124/N20/ValentiIntervie.20f.html

#15yrsago Shatnerquake: bizarro novel about every Shatner character sucked into reality to hunt down William Shatner https://www.toplessrobot.com/2009/04/william_shatner_william_shatner_william_shatner.php

#15yrsago US Trade Rep lies about Canadian piracy https://web.archive.org/web/20090503075121/http://www.michaelgeist.ca/content/view/3912/125/

#15yrsago Why neutrality is more important than connection speeds https://isen.com/blog/2009/04/broadband-without-internet-ain-worth.html

#10yrsago Every 27 seconds, Canadian telcos hand over subscriber data to cops (mostly without a warrant) https://www.michaelgeist.ca/2014/04/telco-disclosures/

#10yrsago Smooth sales-patter from Union Square’s Gentleman Peeler https://www.youtube.com/watch?v=HCUct4NlxE0

#5yrsago Serpent profiteers: how a summer camp snakebite turned into a $142,938 medical bill https://www.npr.org/sections/health-shots/2019/04/29/717467217/summer-bummer-a-young-campers-142-938-snakebite

#5yrsago The platforms suck at content moderation and demanding they do more won’t make them better at it — but there ARE concrete ways to improve moderation https://www.eff.org/deeplinks/2019/04/content-moderation-broken-let-us-count-ways

#5yrsago Big Tech’s addiction to illegal, overreaching NDAs protects wage discrimination, sexual harassment, and other evils by “terrorizing” employees https://fortune.com/2019/04/29/silicon-valley-nda/

#5yrsago Chase’s stupid poverty-shaming “inspirational” tweet, and Twitter users’ magnificent responses thereto https://mashable.com/article/chase-bank-tweet-backlash

#5yrsago Duke University acquires the archives of Charles N Brown, founder of Locus Magazine https://blogs.library.duke.edu/rubenstein/2019/01/11/locus-archives-documents-the-history-of-sci-fi/

#5yrsago Securepairs.org will send debullshitifying security researchers to Right to Repair hearings to fight industry FUD https://www.wired.com/story/right-to-repair-security-experts-california/

#5yrsago Most US eighth graders have taken apart a gadget to fix it or see how it works https://www.nationsreportcard.gov/tel/student-questionnaires/

#1yrago Weak Institutions https://pluralistic.net/2023/04/30/weak-institutions/

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⛱ Upcoming appearances

* Canadian Centre for Policy Alternatives (Winnipeg), May 2
https://www.eventbrite.ca/e/cory-doctorow-tickets-798820071337

* Wordfest (Calgary), May 3
https://wordfest.com/2024/event/wordfest-presents-cory-doctorow-2/

* Massy Arts (Vancouver), May 4
https://www.eventbrite.ca/e/solo-reading-cory-doctorow-the-bezzle-tickets-876989167207

* Tartu Prima Vista Literary Festival, May 5-11
https://tartu2024.ee/en/kirjandusfestival/

* Tim O’Reilly and Cory Doctorow on “Enshittification” and the Future of AI, May 14
https://www.oreilly.com/live-events/tim-oreilly-and-cory-doctorow-on-enshittification-and-the-future-of-ai/0642572001651/

* "Finding the Money" screening (LA), May 15
https://www.laemmle.com/film/finding-money?date=2024-05-15

* Media Ecology Association keynote, Jun 6-9 (Amherst, NY)
https://media-ecology.org/convention

* American Association of Law Libraries keynote, (Chicago), Jul 21
https://www.aallnet.org/conference/agenda/keynote-speaker/

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⛱ Recent appearances

* Come sfuggire al “Merdocene” e costruire un Internet migliore (Torino Biennale Tecnologia)
https://www.youtube.com/watch?v=Z5NC2EZCYBg

* Show Me The Money Club (The Rideshare Guy)
https://www.youtube.com/watch?v=ZCETi3XqSds

* NUOVO BARETTO UTOPIA
https://videoteca.kenobit.it/w/azRmQBCenVwjSRz9WCp8JS

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⛱ Latest books

* The Bezzle: a sequel to "Red Team Blues," about prison-tech and other grifts, Tor Books (US), Head of Zeus (UK), February 2024 (the-bezzle.org). Signed, personalized copies at Dark Delicacies (https://www.darkdel.com/store/p3062/Available_Feb_20th%3A_The_Bezzle_HB.html#/).

* "The Lost Cause:" a solarpunk novel of hope in the climate emergency, Tor Books (US), Head of Zeus (UK), November 2023 (http://lost-cause.org). Signed, personalized copies at Dark Delicacies (https://www.darkdel.com/store/p3007/Pre-Order_Signed_Copies%3A_The_Lost_Cause_HB.html#/)

* "The Internet Con": A nonfiction book about interoperability and Big Tech (Verso) September 2023 (http://seizethemeansofcomputation.org). Signed copies at Book Soup (https://www.booksoup.com/book/9781804291245).

* "Red Team Blues": "A grabby, compulsive thriller that will leave you knowing more about how the world works than you did before." Tor Books http://redteamblues.com. Signed copies at Dark Delicacies (US): and Forbidden Planet (UK): https://forbiddenplanet.com/385004-red-team-blues-signed-edition-hardcover/.

* "Chokepoint Capitalism: How to Beat Big Tech, Tame Big Content, and Get Artists Paid, with Rebecca Giblin", on how to unrig the markets for creative labor, Beacon Press/Scribe 2022 https://chokepointcapitalism.com

* "Attack Surface": The third Little Brother novel, a standalone technothriller for adults. The *Washington Post* called it "a political cyberthriller, vigorous, bold and savvy about the limits of revolution and resistance." Order signed, personalized copies from Dark Delicacies https://www.darkdel.com/store/p1840/Available_Now%3A_Attack_Surface.html

* "How to Destroy Surveillance Capitalism": an anti-monopoly pamphlet analyzing the true harms of surveillance capitalism and proposing a solution. https://onezero.medium.com/how-to-destroy-surveillance-capitalism-8135e6744d59?sk=f6cd10e54e20a07d4c6d0f3ac011af6b) (signed copies: https://www.darkdel.com/store/p2024/Available_Now%3A__How_to_Destroy_Surveillance_Capitalism.html)

* "Little Brother/Homeland": A reissue omnibus edition with a new introduction by Edward Snowden: https://us.macmillan.com/books/9781250774583; personalized/signed copies here: https://www.darkdel.com/store/p1750/July%3A__Little_Brother_%26_Homeland.html

* "Poesy the Monster Slayer" a picture book about monsters, bedtime, gender, and kicking ass. Order here: https://us.macmillan.com/books/9781626723627. Get a personalized, signed copy here: https://www.darkdel.com/store/p2682/Corey_Doctorow%3A_Poesy_the_Monster_Slayer_HB.html#/.

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⛱ Upcoming books

* Picks and Shovels: a sequel to "Red Team Blues," about the heroic era of the PC, Tor Books, February 2025

* Unauthorized Bread: a graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2025

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⛱ Colophon

Today's top sources:

Currently writing:

* A Little Brother short story about DIY insulin PLANNING

* Picks and Shovels, a Martin Hench noir thriller about the heroic era of the PC. FORTHCOMING TOR BOOKS JAN 2025

* Vigilant, Little Brother short story about remote invigilation. FORTHCOMING ON TOR.COM

* Spill, a Little Brother short story about pipeline protests. FORTHCOMING ON TOR.COM

Latest podcast:
  Precaratize Bosses https://craphound.com/news/2024/04/28/precaratize-bosses/

This work - excluding any serialized fiction - is licensed under a Creative Commons Attribution 4.0 license. That means you can use it any way you like, including commercially, provided that you attribute it to me, Cory Doctorow, and include a link to pluralistic.net.

https://creativecommons.org/licenses/by/4.0/

Quotations and images are not included in this license; they are included either under a limitation or exception to copyright, or on the basis of a separate license. Please exercise caution.

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"*When life gives you SARS, you make sarsaparilla*" -Joey "Accordion Guy" DeVilla
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