BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

________________________________________________ Third-Party Complaint of ) ) JEAN BENJAMIN, JACQUES CASSEUS, ) YOUVENS DERVIL, EDSON JOCELYN, and ) LUCKNER YACINTHE, ) ) Complainants, ) ) v. ) ) JETBLUE AIRWAYS CORPORATION and ) SUPERIOR AIRCRAFT SERVICES, INC., ) ) Respondents. ) ________________________________________________)
ANSWER OF JETBLUE AIRWAYS CO RPORATION TO COMPLAINT OF CONTRACTOR EMPLOYEES
James G. Hnat Jonathan B. Hill Executive Vice President Corporate Affairs & J. Parker Erkmann General Counsel Benjamin M. Berlin Dow Lohnes PLLC Robert C. Land 1200 New Hampshire Ave., NW Senior Vice President for G overnment Affairs Suite 800 & Associate General Counsel Washington, DC 20036 Telephone: 202/776-2725 Michael Carbone Fax: 202/776-4725 Vice President, Associate Genera l Counsel jhill@dowlohnes.com perkmann@dowlohnes.com bberlin@dowlohnes.com JetBlue Airways Corporation 27-01 Queens Plaza North Counsel for Long Island City, NY 11101 JetBlue Airways Corporation

May 28, 20131 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

________________________________________________ Third-Party Complaint of ) ) JEAN BENJAMIN, JACQUES CASSEUS, ) YOUVENS DERVIL, EDSON JOCELYN, and ) LUCKNER YACINTHE, ) ) Complainants, ) ) v. ) ) JETBLUE AIRWAYS CORPORATION and ) SUPERIOR AIRCRAFT SERVICES, INC., ) ) Respondents. ) ________________________________________________)
ANSWER OF JETBLUE AIRWAYS CO RPORATION TO COMPLAINT OF CONTRACTOR EMPLOYEES JetBlue Airways Corporation (“JetBlue”), pursuant to 14 C.F.R. Part 382, Subpart D, answers the third-party complaint submitted by Jean Benjamin, Jacques Casseus, Youvens Dervil, Edson Jocelyn, and Luckne r Yacinthe on May 9, 2013 and served on JetBlue on May 13, 2013.
I. Introduction The complaint alleges generally that JetB lue and Superior Aircraft Services, Inc. (“Superior”) failed to train five employees as required by 14 C. F.R. Part 382. The complainants request that the Department of Transportation (“DOT”) initiate an enforcement proceeding to determine whethe r JetBlue and Superior violated Part 382, and if so, order JetBlue to provide, or ensure that Superior provide s, adequate training2 and that JetBlue provide and maintain, or ensu res that Superior provides and maintains, all necessary accessibility equipment in s ound working condition at Fort LauderdaleHollywood International Airport (“FLL”). The complaint should be dismissed because the complaint’s allegations are meritless. JetBlue and Superior have provided the complainants with the required training as de monstrated by the extensive training records attached as Exhibit 1. As is obvious from th e complaint itself, the allegations contained are part of a union organizing effort aimed at JetBlue’s business partner, Superior. Counsel for the named individuals is provi ded by the Service Empl oyees International Union (“SEIU”) 32BJ out of Miami, Florida. Moreover, two of th e named complainants, Jacques Casseus and Luckner Yacinthe, do not even perform work for JetBlue at FLL. Rather, they work for Superior in support of Bahamasair. The issues raised are clearly an effort to embarrass Superior and interfere with Superior’s relationshi p with JetBlue, with the objective of organizing Superior’s employees.

II. Superior Aircraft Services and JetBlue’s Training Program JetBlue contracts with Superior to provi de various passenger services, including wheelchair attendants, baggage handlers, and skycaps, for JetBlue operations at FLL.

a. JetBlue Training Program JetBlue utilizes a train-the- trainer approach to fulfilli ng its Part 382 obligations. A JetBlue University College of Airports inst ructor provides training to the Business Partner trainer and records that the training was completed successfully. JetBlue University (“JBU”) provides the curriculum and template for training all employees on ACAA/Part 382 issues. The template for training the trainers is attached as Exhibit 2. JetBlue purchased new General Disability Awareness Training in August3 2012 from MedAire with more robust conten t regarding handling of customers with disabilities. b. Superior Training Program JetBlue’s contract with Superior requires Superior to provide its employees with the training required under Part 382. To ensure that training takes place, JetBlue trains Superior’s site managers and provides them w ith JetBlue training materials. Attached as Exhibit 3 are the training records for Superi or’s trainers, Vincen t Budham and Taronald Williams. The Superior trainers then train all of Superior’s employees assigned to assist JetBlue passengers. All of Superior’s employ ees that assist JetBlue passengers must take and pass the JetBlue approved training to demonstrate proficiency. The records attached in Exhibit 1 and E xhibit 4 indicate that the complainants who work for JetBlue—Jean Benjamin, Youvens Dervil, and Jocelyn Edson—last received the training required unde r Part 382 in or around August 2012. JetBlue has not been able, so far, to locate record of Jean Benjamin’s Part 382 training. However, Jean Benjamin has signed a statement, attached as Exhibit 4, that affirms he was trained on working for a nd with the disabled around August 2012. JetBlue did find records of Jean Benjamin’s hazardous material training and security training in the same time frame. Exhibit 5 contains hazardous material and security training records for Jean Benjamin, Youvens Dervil, and Jocelyn Edson. Even more telling of the quality of JetB lue’s training is the fact that Superior employees who work for other airlines are pr ovided JetBlue-created training. Superior employee and complainant Luckner Hyacinthe , who works and has worked for Bahamas Air at FLL, received JetBlue training re quired to satisfy Part 382 on September 13, 20104 and August 31, 2011. Because Jacques Casseus does not work for JetBlue, JetBlue does not have training records for him.
III. Part 382 Complaints at FLL The number of complaints JetBlue recei ves from customers with disabilities represents a miniscule fraction of the disabi lity customers that JetBlue carries. There have been zero complaints made to DOT re garding JetBlue’s services provided to passengers with disabilities at FLL in 2013 and there was only one such complaint in
2012.
IV. JetBlue’s commitment to providing worl d-class service to customers with a disability

JetBlue takes its re sponsibilities under the Air Carrier Access Act (“ACAA”) and Part 382 very seriously and truly values its cu stomers with all manner of disabilities. JetBlue’s commitment to its customers with disabilities extends beyond merely complying with applicable legal and regulat ory requirements. As described below, JetBlue has established industr y-leading programs for its cust omers with disabilities and continually strengthens its existing progr ams and creates new ones to enhance its services.

a. Programs Supporting Autism Over the last two years, JetBlue, with the help of business partners, has run programs that provide families with autistic ch ildren the opportunity to practice air travel in a realistic and compassionate way. Families participating in these programs practice going through TSA security and boarding an airplane in a stress-free, no-rush environment. JetBlue employees, from pilots to flight attendants to gate agents, participate in this simulated boarding.5 JetBlue has partnered with The Charles Ri ver Center, Massport, and TSA to offer the program in Boston, Massachusetts. More than 400 families in the Boston area have had the opportunity to rehearse the travel experience and see if travel is feasible for their families. JetBlue is hoping to expand such programs to other stations and recently conducted a similar experience for over 200 pe ople at Burbank’s Bob Hope Airport. b. Interdepartmental Disability Task Force In January 2011, JetBlue launched an Interdepartmental Disability Task Force that focuses attention on the needs of cust omers with disabilitie s and coordinates the improvements that arise.

c. JetBlue Website Not only has JetBlue made its website more user-friendly for disabled travelers, it has made a plethora of information regardin g special assistance for passengers with a disability available at the top of its main we bsite portal. One need do no more than hover the mouse over the “Travel information” tab at the top of www.jetblue.com and click on the wheelchair icon labeled “Special assistan ce” to locate information concerning airport assistance, lifts/ramps, meet and assist se rvices, service and emotional support animals, boarding procedures, JetBlue’s complaints re solution officials, boarding and deplaning assistance, assistance for visually and he aring impaired travelers, and medical and assistive devices. This is unique in the i ndustry. Additionally, JetBlue provides a link to DOT’s disability hotline and a method for repor ting customer concerns and complaints. d. Special Services Team JetBlue maintains a team of employees , known as the Special Services Team (“SST”), dedicated to addr essing the needs of its customers w ith disabilities. In a first of6 its kind model in the industry, the SST pro actively contacts every customer who has indicated a disability or spec ial need (designated with a Sp ecial Services Request or SSR Code) prior to their flight in order to assess that customer’s needs and assist the customer in preparing for their travels.

V. JetBlue’s Specific Answer to Each Allegation 1. JetBlue admits the allegations contai ned in Paragraph 1 of the Complaint. 2. JetBlue admits the allegations contai ned in Paragraph 2 of the Complaint. 3. Upon information and belief, JetBlue admits that Jean Benjamin is an employee of Superior and that his job duties include th e provision of assistance to passengers flying on JetBlue. The rest and remainder of the a llegations of paragraph 3 of the Complaint are denied. 4. Upon information and belief, JetBlue is informed that Jacques Casseus is an employee of Superior, but denies that he work s for JetBlue in any capacity. The rest and remainder of the allegations of para graph 4 of the Complaint are denied. 5. Upon information and belief, JetBlu e admits that Youvens Dervil is an employee of Superior and that his job dutie s include the provision of assistance to passengers flying on JetBlue. The rest and rema inder of the allegations of paragraph 5 of the Complaint are denied. 6. Upon information and belief, JetBlue adm its that Edson Jocelyn is an employee of Superior and that his job duties include th e provision of assistance to passengers flying on JetBlue. The rest and remainder of the a llegations of paragraph 6 of the Complaint are denied.7 7. Upon information and belief, JetBlue is informed that Luckner Hyacinthe is an employee of Superior, but denies that he wo rks for JetBlue in any capacity. The rest and remainder of the allegations of paragr aph 7 of the Complaint are denied. Count 1 8. JetBlue repeats each of its answer to Paragraphs 1-7 of the complaint. 9. Paragraph 9 of the complaint simply restates portions of 14 C.F.R. § 382.141 to which no response is required. 10. Denied. 11. Denied. 12. JetBlue lacks sufficient knowledge to ad mit or deny the allegation that all of the complainants’ job duties require them to deal with the traveling public. 13. Denied. 14. JetBlue lacks sufficient knowledge to ad mit or deny the allegations contained in Paragraph 14 of the complaint. Count 2 15. JetBlue repeats each of its answers to Paragraphs 1-14 of the complaint. 16. Paragraph 16 of the complaint simply quotes a portion of 14 C.F.R. § 382.95 to which no response is required. 17. Paragraph 17 of the complaint simp ly quotes a portion of 14 C.F.R. § 382.141 to which no response is required. 18. JetBlue lacks sufficient knowledge to admit or deny what the complainants’ job duties are with respect to airlines other th an JetBlue. JetBlue denies that it does not require complainants to assist passengers w ith disabilities with boarding and deplaning.8 19. Denied. Count 3 20. JetBlue repeats each of its answers to Paragraphs 1-19 of the complaint. 21. Paragraph 21 of the complaint simp ly quotes a portion of 14 C.F.R. § 382.141 to which no response is required. 22. Denied. Count 4 23. JetBlue repeats each of its answers to Paragraphs 1-22 of the complaint. 24. Paragraph 24 of the complaint simp ly quotes a portion of 14 C.F.R. § 382.141 to which no response is required. 25. Denied. Count 5 26. JetBlue repeats each of its answers to Paragraphs 1-25 of the complaint. 27. Paragraph 27 of the complaint simp ly quotes a portion of 14 C.F.R. § 382.91 to which no response is required. 28. Paragraph 28 asserts conc lusions of law to which no response is required.

29. JetBlue lacks sufficient knowledge to ad mit or deny the allegations contained in Paragraph 29 of the complaint, but deni es that it does not have appropriately maintained wheelchairs. 30. Denied.9 FIRST DEFENSE The Complaint fails to state a clai m upon which relief can be granted. SECOND DEFENSE Any actions of JetBlue as it relates to the named Plaintiffs were in compliance with the law. THIRD DEFENSE JetBlue, or its contractor, have provided all training required by Part 382 of title 14 Code of Federal Regulations. Jean Be njamin, Edson Jocelyn, and Youvens Dervil received the training required by Part 382 on or about August 8, 2012. Both Edson Jocelyn and Youvens Dervil r eceived on-the-job training on or about August 8, 2012. Jacques Casseus and Luckner Yacinthe do not work for JetBlue; therefore, JetBlue is not responsible fo r ensuring that they are trai ned as required by Part 382. FOURTH DEFENSE Neither Plaintiffs nor the traveling public have been damaged as a result of JetBlue’s conduct and, therefor e, are not entitled to any of the relief requested in Plaintiffs’ Complaint. FIFTH DEFENSE JetBlue committed no willful violation of federal law, nor did it recklessly or intentionally disregard the requi rement of the applicable federal laws. JetBlue has at all times acted in good faith and with reasonable grounds to believe that its practices complied with the applicable federal laws.10 SIXTH DEFENSE Plaintiffs’ claims are without merit and are barred or reduced due to their own voluntary acts or omissions. SEVENTH DEFENSE Plaintiffs have failed to state any facts that will enable the Department to initiate an enforcement action. EIGHTH DEFENSE To the extent any of the other allegations contained in Plaintiffs’ Complaint state facts or otherwise require a response, JetBlu e denies each and every such allegation of the Complaint that is not specifically admitted herein JetBlue also specifically reserves the right to amend its answer and to assert any additional affirmative defenses and matters in avoidance that may be disclosed during the course of additional investigation and discovery. NINTH DEFENSE To the extent that any facts alleged in the Complaint are relevant, they demonstrate that the Service Employees Inte rnational Union 32BJ is involved in an organization effort related to Superior’s em ployees and the Department of Transportation should not involve itself in these matters.

### EXHIBIT 1 SUPERIOR ACAA TRAINING LOGS

### EXHIBT 2 TRAIN-THE-TRAINER OUTLINEProprietary Information of MedAire 6/1/11 

## ACAA TRAINING PROGRAM 5-day Train-the-Trainer Day 1 QUALIFICATION & TEACH BACK: GENERAL 0800 – 0830 Welcome & Introductions 0830 – 0845 The Three Training Programs: General, Skills Workshop, & CRO 0845 – 0900 TTT Process: Guide Ex planation, Program Debrief, Teach Back 0900 – 0915 Break 0915 – 1145 General Training Program 1145 – 1215 General Training Program Debr ief & Teaching Assignments 1215 – 1315 Lunch 1315 – 1415 General Training Program Practice 1415 – 1430 Break 1430 – 1630 Teach Back – General Training Program 1630 – 1700 General Recurrent Overview 1700 – 1715 ConclusionProprietary Information of MedAire 6/1/11 

## Day 2 QUALIFICATION DAY: SKILLS WORKSHOP PROGRAM 0800 – 0815 Introduction 0815 – 0930 Disability Awareness Skills 0930 – 0945 Break 0945 – 1100 Disability Awareness Skills 1100 – 1200 Assistive Devices 1200 – 1300 Lunch 1300 – 1430 Assistive Devices 1430 – 1445 Break 1445 – 1545 Service Animals 1545 – 1630 Boarding, Deplaning & Connecting 1630 – 1700 Skills Workshop Program Debrief 1700 – 1715 Skills Workshop Program Teach Back Assignments & ConclusionProprietary Information of MedAire 6/1/11 

## Day 3 TEACH BACK DAY: SKILLS WORKSHOP PROGRAM 0800 – 0815 Introduction 0815 – 0915 Communicable Diseases, Medical Certificates, & Safety Assistants 0915 – 1015 Seating Accommodations & Onboard Assistance 1015 – 1030 Break 1030 – 1130 Teach Back – Disability Awareness Skills 1130 – 1230 Teach Back – Assistive Devices 1230 – 1330 Lunch 1330 – 1400 Teach Back – Service Animals 1400 – 1430 Teach Back – Boarding, Deplaning, and Connecting 1430 – 1500 Skills Workshop Program Debrief 1500 – 1515 Break 1515 – 1645 Instructor Qualificatio n Skills Checks – Wheelchair Navigation & Vision Impairment 1645 – 1700 ConclusionProprietary Information of MedAire 6/1/11 

## Day 4 QUALIFICATION DAY: CRO PROGRAM 0800 – 0815 Introduction 0815 – 0915 14 CFR 382 – Document Familiarization and Subpart A 0915 – 0930 Break 0930 – 1030 14 CFR 382 – Subparts B through D 1030 – 1045 Break 1045 – 1145 14 CFR 382 – Subparts E through G 1145 – 1245 Lunch 1245 – 1345 14 CFR 382 – Subpart H through J 1345 – 1430 14 CFR 382 – Subpart K 1430 – 1445 Break 1445 – 1515 DOT Complaint Procedures 1515 – 1615 Conflict Resolution Techniques 1615 – 1645 CRO Program Debrief & Teach Back Assignments 1645 – 1700 ConclusionProprietary Information of MedAire 6/1/11 

## Day 5 TEACH BACK DAY: CRO PROGRAM 0800 – 0815 Introduction 0815 – 1015 Skills Practice Workshop 1015 – 1030 Break 1030 – 1115 Teach Back – 14 CFR 382 – Docu ment Familiarization and Subpart A 1115 – 1200 Teach Back – 14 CFR 382 – Subparts B through D 1200 – 1300 Lunch 1300 – 1400 Teach Back – 14 CFR 382 – Subparts E through G 1400 – 1445 Teach Back – 14 CFR 382 – Subpart H through J 1445 – 1530 Teach Back – 14 CFR 382 – Subpart K 1530 – 1545 Break 1545 – 1615 Teach Back – DOT Complaint Procedures 1615 – 1700 Teach Back – Conflict Resolution Techniques 1700 – 1710 Review, Evaluations, and Closing

### EXHIBIT 3 TRAINING RECORDS OF SUPERIOR’S TRAINERSGroup CM ID Last Name First Name Status BlueCity Position Required Training (9 Records) Due Date Grace Date Comp. Date Airport Ops Business Partners 99991981

4 Budham Vincent Active FLL Curbside BP Trainer Initial Disability

Awareness 9/2005 N/A 9/24/2005

Airport Ops Business Partners 99991981

4 Budham Vincent Active FLL Curbside BP Trainer Recurrent Disabled

Customers 9/2006 10/2006 2/2/2006

Airport Ops Business Partners 99991981

4 Budham Vincent Active FLL Curbside BP Trainer Recurrent Disabled

Customers 7/2007 08/2007 4/28/2007

Airport Ops Business Partners 99991981

4 Budham Vincent Active FLL Curbside BP Trainer Recurrent Disabled

Customers 4/2008 04/2008 4/9/2008

Airport Ops Business Partners 99991981

4 Budham Vincent Active FLL Curbside BP Trainer Recurrent Disabled

Customers 10/2008 10/2008 10/28/2008

Airport Ops Business Partners 99991981

4 Budham Vincent Active FLL Curbside BP Trainer Recurrent Disabled

Customers 3/2010 03/2010 3/9/2010

Airport Ops Business Partners 99991981

4 Budham Vincent Active FLL Curbside BP Trainer Recurrent Disabled

Customers 8/2010 08/2010 8/10/2010

Airport Ops Business Partners 99991981

4 Budham Vincent Active FLL Curbside BP Trainer Recurrent Disability

Awareness 8/2011 08/2011 8/31/2011

Airport Ops Business Partners 99991981

4 Budham Vincent Active FLL Curbside BP Trainer MedAire ACAA

General Training Program 8/2012 08/2012 8/1/2012

JetBlue certifies training and testing of the listed Employee(s) has been completed in accordance with the FAR HMR. The information contained in this report is pulled directly from ATMS.Group CM ID Last Name First Name Status BlueCity Position Required Training (6 Records) Due Date Grace Date Comp. Date Airport Ops Business Partners 99990891

3 Williams Taronald Active FLL Curbside BP Trainer Initial Disability

Awareness 5/2008 N/A 5/30/2008

Airport Ops Business Partners 99990891

3 Williams Taronald Active FLL Curbside BP Trainer Recurrent Disabled

Customers 11/2009 11/2009 11/18/2009

Airport Ops Business Partners 99990891

3 Williams Taronald Active FLL Curbside BP Trainer Initial Disability

Awareness 8/2010 08/2010 8/30/2010

Airport Ops Business Partners 99990891

3 Williams Taronald Active FLL Curbside BP Trainer Recurrent Disabled

Customers 8/2010 08/2010 8/17/2010

Airport Ops Business Partners 99990891

3 Williams Taronald Active FLL Curbside BP Trainer Recurrent Disability

Awareness 8/2011 08/2011 8/31/2011

Airport Ops Business Partners 99990891

3 Williams Taronald Active FLL Curbside BP Trainer MedAire ACAA

General Training Program 8/2012 08/2012 8/30/2012

JetBlue certifies training and testing of the listed Employee(s) has been completed in accordance with the FAR HMR. The information contained in this report is pulled directly from ATMS.

### EXHIBIT 4 STATEMENT OF JEAN BENJAMIN

### EXHIBIT 5 HAZARDOUS MATERIAL AND SE CURITY TRAINING RECORDS