Date: 202107
Local time of day: 1801-2400
Location: MDW.Airport, IL
Flight conditions: VMC
Light: Night
Aircraft: B737 Next Generation Undifferentiated
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Taxi
Second aircraft: B737 Undifferentiated or Other Model
Reporter organization: Air Carrier
Reporter function: Captain; Pilot Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP); Flight Crew Instrument; Flight Crew Multiengine
Human factors: Workload; Time Pressure; Distraction; Situational Awareness; Communication Breakdown
Anomaly: Conflict Ground Conflict; Critical; Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural FAR; Ground Event / Encounter Aircraft
Detector: Person Flight Crew
When detected: Taxi
Result: Flight Crew Took Evasive Action
Contributing factors: Procedure; Human Factors
Primary problem: Procedure

Narrative: After landing at MDW around XA:30L; we were taxiing from Taxiway Y to T. At the end of Concourse XX; a 737 was being pushed back. Ground did not warn us of this aircraft. The First Officer (F/O) was calling Company Ops (Ground Ops) at that moment to verify the gate assignment. Ground Ops gave us the gate assignment and proceeded to give details that I needed to call Crew Scheduling upon parking. Meanwhile; I could see that the other 737 had been pushed back farther than it should have; causing me to hit the brakes to avoid a collision. At the same time; monitoring the Company frequency and the First officer's communication to Ground Ops; I was also suddenly distracted with the thought that Crew Scheduling had an unscheduled assignment for me and that I was on the hook to call them upon parking. To me; this was a clear violation of FAR 121.542; which outlines sterile cockpit requirements; it wasn't a violation on our part; rather the Company violated this regulation. I told the F/O that I was deviating to the right of the taxiway centerline; which leaves little room to the right; to avoid the pushed 737 off my left. I slowly and carefully taxied past; ensuring we had distance. I estimate we had only 15' distance from our wingtip to theirs. Thereafter; I taxied to the gate; still distracted and frustrated that I had been tagged to call Crew Scheduling. This distracted me from the primary task of safely taxiing the aircraft. Notification to contact Crew Scheduling has no place in the sterile cockpit environment. FAR 121.152 says; 'No certificate holder shall require; nor may any Flight Crew Member perform any duties during a critical phase of flight except those duties required for the safe operation of the aircraft. Duties such as Company required calls made for non-safety related purposes as ordering galley supplies and confirming Passenger connections; announcements made to Passengers promoting the air carrier or pointing out sights of interest and filling out Company payroll and related records are not required for the safe operation of the aircraft. Ground Ops generally has no idea what Crew Scheduling is doing or needs; they're not involved in the function of who flies what and where. In this case; I believe Crew Scheduling must have deliberately contacted MDW Ground Ops ahead of time and specifically instructed them to notify us during taxi-in. If they did this; this was willful on their part; it is beyond egregious; and it cannot be tolerated. Highly recommend that the FAA issue a notice to Air Carriers and their Ground Ops and Crew Scheduling departments; explaining what sterile cockpit rules are and when Crew Scheduling assignments cannot be allowed (i.e.; during aircraft taxi). I also recommend that the FAA review our FOM and Ground Ops Manual; and specifically include verbiage prohibiting messages from Crew Scheduling during critical phases of flight and sterile cockpit.




Synopsis: Captain reported that non urgent communications from Company Operations caused distractions during taxi in; requiring hard braking to avoid a B737 being pushed back from an adjoining gate.