Date: 201809
Local time of day: 1201-1800
Location: ZZZZ.Airport, FO
Aircraft: EMB ERJ 140 ER/LR
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Parked
Reporter organization: Air Carrier
Reporter function: Pilot Flying; Captain
Reporter qualification: Flight Crew Instrument; Flight Crew Multiengine; Flight Crew Air Transport Pilot (ATP)
Human factors: Communication Breakdown
Second reporter function: First Officer; Pilot Flying
Anomaly: Deviation / Discrepancy - Procedural Weight And Balance; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Flight Crew
When detected: Pre-flight
Contributing factors: Human Factors; Procedure
Primary problem: Human Factors

Narrative: After reviewing the release documents for the flight; we determined that the max takeoff weight was going to be limited due to our climb performance. The temperature was also increasing which caused us to send for new data. When we sent for new numbers based on the latest temperature; we received a message that the system was unable to give us the data because the MTOW [Maximum Takeoff Weight] had been exceeded. At that point we knew that payload had to be removed to get the aircraft down below the MTOW determined from our climb performance. After a few minutes; the close out came and showed only 510 LBS of cargo; which seemed to be light for the amount of passengers we were taking. I asked the agent if bags had to be removed in order for them to get the flight to close out in the system; to which they said they did have to remove bags. I got suspicious because I never saw any bags being taken back to the terminal. I then went to talk to the Station Agent who had the baggage scanner in his possession and ask him if they had removed the bags. He said they removed the bags from the system; but when I asked him where the bags were he said that they were still in the cargo compartment. He told me that he just removed the carry-on bags from the system and he didn't seem to think that it was a big deal. I went back to play with the numbers and asked the station to give me a break down of the baggage. They told me that with all the checked bags and carry-on bags; we had a total of about 24 bags; 17 checked bags and 7 carry-on. Again; that seemed to be a low count and with first close out numbers; only the 17 checked bags were said to be in the cargo. I decided that my First Officer and I were going to look for ourselves and see how many bags were in the cargo. To our surprise; we counted well over 34 total bags in the cargo; well over the 24 bags they told me initially. Once I saw that; I told the station that I physically needed the airplane to be under the specified MTOW and that either they had to remove a certain amount of bags; remove passengers; or a combination of both. Fortunately; we had 4 people come off and their bags due to their flights [at destination] being cancelled due to weather and at that point we were below the MTOW.That station was trying to put all the passengers and bags on the aircraft and disregarding and deliberately exceeding the limitations the system was telling them about the weight allowed for that specific flight. They were directly interfering with the safety of the flight by loading the aircraft with more weight than it was allowed and as a result that would change CG of the aircraft which could have put it outside its operational boundary.The station needs to be addressed about the seriousness of their actions and the possible implications that could occur due to their way of handling these situations.


Second narrative: I started pulling the data for Runway 17; and I kept getting the 'aircraft exceeds MTOW [Maximum Takeoff weight]' message. A few minutes later a closeout comes with no information from Ops on how they reduced the weight showing 510 pounds of bags and 32 passengers weighing 5;888 [pounds].Captain; who handled the whole situation very professionally; asked one of the Station Manager how the weight had been reduced. She said that they scanned some bags off of the airplane; however; Captain and I did not notice that any bags were physically removed. Captain questioned one of the rampers who did the scanning what happened and he said that bags were scanned off but not removed from the airplane.We asked the Station Manager for an accurate breakdown of what was in cargo. They told us 17 checked bags and 7 valets; totaling to 24 bags. This would have weighed 650 LBS which was 140lbs over what the closeout stated. Still unbelieving; we went back and opened the cargo door and physically counted how many bags we had. Both myself and Captain counted at least 35 bags in the cargo compartment.Captain called Dispatch and explained the situation. Dispatch adjusted our payload and updated the release to revision 1. Four passengers voluntarily came off of the airplane with their bags and we were finally underweight. Captain and myself went back and recounted the bags in the cargo compartment and determined it was the correct number.


Synopsis: EMB-140 flight crew found weight and balance discrepancy during preflight.