Date: 202012
Local time of day: 0601-1200
Location: ZZZ.Airport, US
Aircraft: Commercial Fixed Wing
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Parked
Reporter organization: Air Carrier
Reporter function: First Officer; Pilot Not Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP); Flight Crew Multiengine; Flight Crew Instrument
Human factors: Communication Breakdown
Anomaly: Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural Weight And Balance
Detector: Person Flight Crew
When detected: In-flight
Contributing factors: Environment - Non Weather Related; Human Factors; Company Policy
Primary problem: Environment - Non Weather Related

Narrative: From Captain X - 'When I approached the gate for my flight the boarding agent was talking on the phone.  As a courtesy I waited until he was off the phone to identify myself (as working crew).  I overheard his side of the conversation and clearly heard him state that he was (now) aware that the first four rows of coach class could not be occupied due to weight and balance and that he would re-seat the passengers that were booked in those seats.  During my FA briefing I said nothing about those seats because there was no mention in my flight release that the first four rows of coach should not be occupied.  During pre-flight in the cockpit I called my Dispatcher to ask for additional fuel and an alternate and during this conversation nothing was said about the first four rows of coach not being occupied.  We pushed at XA:15Z and got airborne eight minutes later.  The closeout had a note about the first four rows not being occupied; but since I recalled the agent saying that he would re-seat the passengers in those rows I did not pursue it any further.  After climbing out of ten thousand I called the #1 FA and told him to make sure that no passenger changed their seats to the first 4 rows of coach during the flight and was then told that there were 3 passengers sitting in the first 4 rows of coach.  I called my Dispatcher to make sure we were restricted and was told we were.  I asked Dispatch to find out why those seats were assigned by the gate agent after I heard the agent acknowledge over the phone that those seats were restricted due to weight and balance and should not be used.  I also asked my FA to re-seat the 3 passengers and make sure the first four rows of coach remained unoccupied for the duration of the flight. I don't know why the agent who said he was going to re-seat the passengers didn't do it.  The passenger manifest clearly showed that at least one of those 3 passengers was assigned a seat in the first 4 rows of coach by the agent during our boarding process.'   To tag along with what Captain X said; the TPS did not have any weight and balance information about seat restrictions. The closeout did; but since Captain X knew that the gate agent knew about it already; we figured no one would be assigned those seats. For some reason; those passengers got assigned those seats; I assume because they were non revs and the gate agent was under pressure to get the flight out so they probably forgot about the restriction. Time pressure; gate agents are under a lot of pressure; and seem understaffed during COVID. Due to this; they should be commended for doing the work that they are. They should be thanked for making sure non revs make it on. The intense amount of pressure agents work under day in and day out; adds up and a mistake is bound to happen. This mistake; although a procedural mistake; was not one of extreme error. The margin of error built into weight and balance is wide. If weight and balance is truly as tight as 3 passengers; the FAA would make sure we weighed every single bag individually and get true cargo weights instead of averaging bag weights. We would also weigh passengers instead of simply assuming there are average summer and winter weights per passenger. The flight was completed successfully; transporting XX or so people across the country.Don't work gate agents so hard. Give them the tools they need to succeed and ease up on micromanaging. Let agents make real decisions and they will feel empowered to complete their tasks; like making sure 4 rows are empty on a flight. I could place the blame on the agent and make a bunch of suggestions and punishments up; but I'm tired of the culture of pitting work group against work group here. This is the only airline I've worked for where this practice is known and visible. We are all working toward the same goal of trying to save the airline industry. Let the agent know of the mistake and move on. We need to work together now more than ever.




Synopsis: Air carrier First Officer reported that the first four rows of the aircraft were to be left unoccupied for weight and balance reasons; but found out when airborne some of the seats were occupied.