Date: 201605
Local time of day: 1801-2400
Location: ZZZ.Airport, US
Aircraft: B737 Undifferentiated or Other Model
Operator: Air Carrier
Operating under: Part 121
Flight phase: Parked
Aircraft component: Cabin Crew Seat
Component problem: Malfunctioning
Reporter organization: Air Carrier
Reporter function: Captain
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Communication Breakdown
Anomaly: Aircraft Equipment Problem Less Severe; Deviation / Discrepancy - Procedural MEL / CDL; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Flight Crew
When detected: Pre-flight
Result: General Flight Cancelled / Delayed
Contributing factors: Human Factors; MEL; Company Policy
Primary problem: Human Factors

Narrative: The inbound crew notified me that they wrote up the 1st class FA jumpseat (whole assembly (2) seats) because back padding on both seats would not stay in position when jumpseat deployed. Maintenance (MX) came right aboard after pax deplaned and deferred the jumpseat. They taped it up and labeled it unusable per MEL and then blocked off 3B and 3E in first class for the FA's to use during flight...also per MEL. I concurred with the MEL (have had this before); got an amended release from dispatch adding MEL; and when the job was done; was shown the sign-off from MX in the Aircraft Maintenance Logbook and appropriate deferral and seat labeling. Maintenance did a superb job in getting the work done and signed off. I'd say it took them no more than 20 minutes to get it all done.When I heard about the jumpseat from the inbound crew; I checked the MEL and immediately informed the agents that 2 first class seats; 3B and 3E; would have to be used for the FA's. Maintenance also told the agents and Ops the same thing. Well; during the boarding process; a passenger sat down in 3E. FA came up to cockpit and told me about this; so I went to the gate to inform the agent about the passenger. The agent said that she was told only one seat was needed for FA's and that the other FA could sit in the back of the plane with the other 2 FA's. I asked her who told her that and she said 'Yield Management' did. The agent explained she had to call YM in order to get approval to pay off the passenger who now had to sit in coach to accommodate the FA. YM denied the pay-off and told the agent to leave the pax in 1st class and move the FA to the back. YM said this is a 737 and that's how it works in this situation. I couldn't believe I was hearing this!!! Just then; an agent supervisor (manager on his vest) came down to the gate. Apparently; he was already aware of all this; including what YM had ordered. He was OK with it. Well; I politely asked him to read the MEL; which I showed him; and also the FA's manual where it pertains to this matter. He then said; Ok; I'll fix it. You're right. The passengers and FA's were accommodated and we finally departed. This could have all been avoided had the agents complied with the MEL; the Captain; and maintenance. Departure might have been 30 minutes late instead of 80 minutes late. I still can't believe it!!!




Synopsis: Ground agent disregarded the Captain's instructions to save two first-class seat for the Flight Attendants as required by the MEL for unusable forward Flight Attendants' jumpseats. A passenger who had taken one of the seats was moved to coach.