Date: 201911
Flight conditions: IMC
Light: Daylight
Aircraft: B737 Next Generation Undifferentiated
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Test Flight / Demonstration
Flight phase: Parked
Aircraft component: Flight Dynamics
Component problem: Failed
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: Confusion; Training / Qualification
Anomaly: Aircraft Equipment Problem Critical; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Flight Crew
When detected: Pre-flight
Result: General Work Refused
Contributing factors: Aircraft; Company Policy; Staffing; Procedure
Primary problem: Company Policy

Narrative: I was assigned a test flight that company called operational confirmation flight. I found out upon arrival that maintenance was still working on this aircraft and aircraft was at the hanger. The departure time was pushed back to XA:30 am then to XB:30 pm. I talked to dispatcher and accessed to the flight plan. Dispatcher added a second flight plan release due to changing weather conditions and alternate. Aircraft maintenance history was lengthy with write ups for rhythmic pitch oscillations. Flaps also had a 1 inch split between them. Flap handle was difficult to move in certain settings. I talked to the maintenance rep at ZZZ [Operations Control] to find out about aircraft status and delay. He told me elevator bearings were worn out and they replaced them. He also said that flap bearings were also worn out and they replaced them. They installed a new elevator neutral shift mechanism. They were trying to replace another flight control sensor but it failed. They were trying to find and install another one. I mentioned my concern about the many flight control repairs and asked him about the test or engineering pilots doing these type of test flights. He agreed with me that test pilots should do this flight. I've done some system confirmation flights in the past but they were usually for checking the normal operation of bleed; pressurization; electrical or APU systems. If there was a flight control issue; test flights were done by the test pilots because they are trained to handle those type of flights. I was never given extra training by [Company] to handle test flights. I called the crew desk but I was on hold for over 20 minutes and nobody picked it up. Then I called Duty Manager and expressed my concern. He said that he'll talk to crew desk and will call me back. He called me back and said that I'll be taken off the flight with no pay and they will give it to another crew. If the other refuse it too then they will assign it to the engineering pilots. I asked him if he can help me with unable to operate procedure since I was not at the aircraft and could not enter the [Maintenance] code in the ACARS. This way other pilots after us would know if and why we refused the aircraft. He said that he does not know how to do that and he told me to contact my chief pilot for my other concerns (pay etc.). I received a phone call from my chief pilot shortly after that. He said that he agreed with me but I need to contact the 737 fleet and talk to the Line Maintenance for more info. He said then he can maybe remove us from the flight. I told him that I may not be able to find anybody from the 737 fleet. He told me to call him back if I have difficulty. I received another call from the Chief Pilot and duty manager after a short time. They notified me of my removal from the flight and the assignment of the engineering or test pilots.




Synopsis: B737 Captain reported refusing an aircraft that had come out of maintenance with flight control anomalies.