A320
Flight Crew Air Transport Pilot (ATP); Flight Crew Instrument; Flight Crew Multiengine
Flight Crew Last 90 Days 172; Flight Crew Total 18000; Flight Crew Type 6000
Communication Breakdown
Aircraft Equipment Problem Less Severe; Deviation / Discrepancy - Procedural Published Material / Policy
General Flight Cancelled / Delayed; General Release Refused / Aircraft Not Accepted
Aircraft; Company Policy; Logbook Entry; MEL; Procedure
Unable to Operate was verbally given and not entered by Dispatch or [Maintenance Control] into the aircraft and log history and the aircraft was assigned to another crew that were not aware that it had just been refused. FUEL: Surge Tank Overpressure Protector MissingMEL remarks for Flight Crew require during climb out to 'reduce lateral acceleration (for example; turbulence) should be minimized to reduce possibility of fuel spill.'The weather conditions were not going to allow us to minimize lateral acceleration as there was convective activity in ZZZ as well as ZZZ1 (in case we needed to perform a go around and climb out to proceed to our alternate. We have no guidance in our manuals as to how much fuel that could be spilled out of the wing under this MEL when there are lateral acceleration conditions present.My first contact was with Dispatcher at XA:35L. This call was then patched into a conference call with [Maintenance Control]. At this point; I had not reported for duty but was being proactive and asking for a swap to avoid a departure delay pending a refusal when I reported for duty and discussed the situation with the first officer. At XB30L I reported for duty in the ZZZ [Chief Pilot Office] and discussed the matter with the First Officer who also thought it was best to refuse this aircraft for this flight. I then called Dispatcher back and conferenced with his Ops Manager; Dispatcher. I asked Dispatcher for an aircraft swap. He stated that it would help them if we could refuse it. I stated that we were not comfortable operating it on this day under the weather conditions. He understood that we were refusing the aircraft. I hung up with him and then immediately called the [Chief Pilot]. I spoke with [Chief Pilot] and after explaining the situation to him; he stated that Dispatch should have refused the aircraft and I agreed. (Note: the aircraft has been operating for 6 days with this item deferred and passed through multiple maintenance bases.) At XD15L I overheard another crew sitting 2 tables away discussing their newly assigned aircraft and this same MEL. I briefly spoke to this crew bound for ZZZ2 and informed them that we had refused it less than 2 hours prior. They indicated that there was no record in the aircraft's logbook for 'UNABLE TO OPERATE'I then called [Chief Pilot] and asked her why it was not in the log history. She asked if I entered the correct code into the ACARS and I explained to her that we had never left the ZZZ [Chief Pilot Office] and gone to the aircraft but that should not have prevented [Maintenance Control] and/or Dispatch from recording it into the logbook and record for future crews to see.
Captain reported that after refusing aircraft; he discovered aircraft assigned to a different crew without any Maintenance actions or logbook entries.