Narrative:

Our flight departing ZZZ was too heavy according to the load manifest. The captain decided to change the count of 3 adults to children in order to take everyone on the flight. Afterward; a jumpseat occupant wished to board. In order to accommodate the jumpseat occupant and all of the passenger; the captain did not include the jumpseat occupant in the load manifest. This made our calculations almost 500 pounds lighter than we actually were. Furthermore; we were flying with a derivative engine. The temperature was warmer than standard; the pressure was lower than standard; and there was moderate convection and windshear in the vicinity. I was the first officer; and I stated my objection to departing this way prior to pushing off of the gate; but the captain told me to do what he said or he would have me disciplined by the chief pilot for insubordination. While I disagreed with our over maximum gross weight departure; I followed my captain's orders and allowed the flight to depart with the false manifest on file with the gate. We experienced poorer than normal climb performance. Since I was flying the leg; I noticed that our climb performance was fluctuating between 100 and 600 FPM. New york departure asked us twice to increase our rate of climb during our climb up to 10000 ft; but we were unable to comply. The captain noticed that I had attempted to increase airspeed from 150 KIAS to 180 KIAS. (I thought that if we had more airspeed; then the climb would be better.) however; the captain kept saying to maintain 150 KIAS; which gave us the poor climb performance. When I tried to explain my theory to the captain about the higher airspeed creating more lift; he cut me off and said; 'shut up and do what I say!' I then offered to hand the controls off to him; but he refused to take the controls and insisted that I continue the slow climb according to his instructions. I decided that I did not want to argue with my captain anymore than I already had in the presence of a jumpseat occupant; so I discontinued expressing my concerns for the remainder of the flight. This captain feels that he can safely overload the aircraft and exceed its limitations without consequence. In hindsight; I failed to exercise my authority/authorized as a first officer by allowing the flight to depart overweight. I failed to exercise my authority/authorized as the first officer by not refusing to fly with a false load manifest; however; I was intimidated by the captain to do so. I have expressed my concerns to the FAA concerning this flight. However; I have filed this ASRS report concerning my involvement in this matter.

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Original NASA ASRS Text

Title: DESPITE HIS COMPLAINTS; SF34 FO REPORTS CAPTAIN FALSIFIED PAX WEIGHTS AND PRESENCE OF JUMPSEAT RIDER IN ORDER TO MAXIMIZE PAYLOAD. MARGINAL CLIMB PERFORMANCE RESULTS.

Narrative: OUR FLT DEPARTING ZZZ WAS TOO HVY ACCORDING TO THE LOAD MANIFEST. THE CAPT DECIDED TO CHANGE THE COUNT OF 3 ADULTS TO CHILDREN IN ORDER TO TAKE EVERYONE ON THE FLT. AFTERWARD; A JUMPSEAT OCCUPANT WISHED TO BOARD. IN ORDER TO ACCOMMODATE THE JUMPSEAT OCCUPANT AND ALL OF THE PAX; THE CAPT DID NOT INCLUDE THE JUMPSEAT OCCUPANT IN THE LOAD MANIFEST. THIS MADE OUR CALCULATIONS ALMOST 500 LBS LIGHTER THAN WE ACTUALLY WERE. FURTHERMORE; WE WERE FLYING WITH A DERIVATIVE ENG. THE TEMP WAS WARMER THAN STANDARD; THE PRESSURE WAS LOWER THAN STANDARD; AND THERE WAS MODERATE CONVECTION AND WINDSHEAR IN THE VICINITY. I WAS THE FO; AND I STATED MY OBJECTION TO DEPARTING THIS WAY PRIOR TO PUSHING OFF OF THE GATE; BUT THE CAPT TOLD ME TO DO WHAT HE SAID OR HE WOULD HAVE ME DISCIPLINED BY THE CHIEF PLT FOR INSUBORDINATION. WHILE I DISAGREED WITH OUR OVER MAX GROSS WT DEP; I FOLLOWED MY CAPT'S ORDERS AND ALLOWED THE FLT TO DEPART WITH THE FALSE MANIFEST ON FILE WITH THE GATE. WE EXPERIENCED POORER THAN NORMAL CLB PERFORMANCE. SINCE I WAS FLYING THE LEG; I NOTICED THAT OUR CLB PERFORMANCE WAS FLUCTUATING BTWN 100 AND 600 FPM. NEW YORK DEP ASKED US TWICE TO INCREASE OUR RATE OF CLB DURING OUR CLB UP TO 10000 FT; BUT WE WERE UNABLE TO COMPLY. THE CAPT NOTICED THAT I HAD ATTEMPTED TO INCREASE AIRSPD FROM 150 KIAS TO 180 KIAS. (I THOUGHT THAT IF WE HAD MORE AIRSPD; THEN THE CLB WOULD BE BETTER.) HOWEVER; THE CAPT KEPT SAYING TO MAINTAIN 150 KIAS; WHICH GAVE US THE POOR CLB PERFORMANCE. WHEN I TRIED TO EXPLAIN MY THEORY TO THE CAPT ABOUT THE HIGHER AIRSPD CREATING MORE LIFT; HE CUT ME OFF AND SAID; 'SHUT UP AND DO WHAT I SAY!' I THEN OFFERED TO HAND THE CTLS OFF TO HIM; BUT HE REFUSED TO TAKE THE CTLS AND INSISTED THAT I CONTINUE THE SLOW CLB ACCORDING TO HIS INSTRUCTIONS. I DECIDED THAT I DID NOT WANT TO ARGUE WITH MY CAPT ANYMORE THAN I ALREADY HAD IN THE PRESENCE OF A JUMPSEAT OCCUPANT; SO I DISCONTINUED EXPRESSING MY CONCERNS FOR THE REMAINDER OF THE FLT. THIS CAPT FEELS THAT HE CAN SAFELY OVERLOAD THE ACFT AND EXCEED ITS LIMITATIONS WITHOUT CONSEQUENCE. IN HINDSIGHT; I FAILED TO EXERCISE MY AUTH AS A FO BY ALLOWING THE FLT TO DEPART OVERWT. I FAILED TO EXERCISE MY AUTH AS THE FO BY NOT REFUSING TO FLY WITH A FALSE LOAD MANIFEST; HOWEVER; I WAS INTIMIDATED BY THE CAPT TO DO SO. I HAVE EXPRESSED MY CONCERNS TO THE FAA CONCERNING THIS FLT. HOWEVER; I HAVE FILED THIS ASRS RPT CONCERNING MY INVOLVEMENT IN THIS MATTER.

Data retrieved from NASA's ASRS site as of May 2009 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.