Not singling you out, ilg30/7 - you just asked the right question.....
What lot's of folks seem to be missing was mentioned already - HP does not fly into CLT. Seems like such a minor point, doesn't it? So let's look a little deeper...
Quoting the appropriate portions of the West MEC hotline message on this issue:
"When the crew realized the only plates they had for CLT were in the alternate nav books they looked a little deeper and realized that CLT was listed in the FOM as an alternate airport only. When the Captain brought this to SOC’s attention, they informed him that their manager had conferred with the FAA and it was legal as a regular flight. Not long after, SOC determined that the Captain’s concerns were justified and it was not legal but could be operated as a charter. The Captain then asked to get a charter coordinator and a charter package. The response was that it was not “really†a charter so these FOM-required items were not “really†required. Then, they attempted to dispatch it as a supplemental flight with no real FOM guidance."
For those who aren't pilots, what all this means is this. The crew didn't have the full complement of arrival, departure, and approach plates since CLT is only an alternate for West. That makes it illegal to operate as a regular flight. So SOC tried to make it a charter, but without the charter package containing the appropriate arrival, departure, and approach plates, it was still illegal to operate the flight. The final attempt was to dispatch the flight outside the rules of the FOM - again illegal since the FAA requires us to operate per the FOM.
Now for the broader question of who's entitled to fly what under the transition agreement, here's what the East MEC has to say:
"However, here is an example of some things we have seen that are not acceptable under the agreement: An America West airplane in LAX went out of service for mechanical repair. Our crew that was to fly to PHL was taken off their route and pairing and flew the America West route LAX-PHX in replace of the mechanical America West plane. This is not acceptable under the Transition Agreement. If assigned this type of flying, you need to let the scheduler know this is not acceptable under the Transition Agreement, and you then need to call your ALPA representative.
Under the principle of "fly now, grieve later," do not refuse the flight if your Chief Pilot or his designee orders you to fly."
So this will ultimately be settled under the dispute resolution mechanism in the transition agreement. If that was the only issue - what's allowed under the agreement - the crew would have "flown then and grieved later".
The issue was legality, and as much as most of us dislike inconveniencing passengers, the potential of forfeiting one's career by knowingly violating the FAR's just isn't worth it. Since the FAA supposedly knew about this flight, all they had to do was have someone waiting to meet the flight in CLT and ask to see the appropriate plates. No plates - bye bye license....
Jim