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 CORPORATION 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 Government Affairs Suite 800 

& Associate General Counsel Washington, DC 20036 

 Telephone: 202/776-2725 

Michael Carbone Fax: 202/776-4725 

Vice President, Associate General 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, 2013 
1 

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 CORPORATION 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 Luckner Yacinthe on May 9, 2013 and served on 

JetBlue on May 13, 2013. 

I. Introduction 

 The complaint alleges generally that JetBlue 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 whether JetBlue and Superior violated Part 382, 

and if so, order JetBlue to provide, or ensure that Superior provides, adequate training 
2 

and that JetBlue provide and maintain, or ensures that Superior provides and maintains, 

all necessary accessibility equipment in sound 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 demonstrated by the extensive training records 

attached as Exhibit 1. As is obvious from the 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 provided by the Service Employees International 

Union (“SEIU”) 32BJ out of Miami, Florida. Moreover, two of the 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 relationship with JetBlue, with 

the objective of organizing Superior’s employees. 

II. Superior Aircraft Services and JetBlue’s Training Program 

JetBlue contracts with Superior to provide 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 fulfilling its Part 382 obligations. 

A JetBlue University College of Airports instructor 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 August 
3 

2012 from MedAire with more robust content 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 with JetBlue training materials. Attached as 

Exhibit 3 are the training records for Superior’s trainers, Vincent Budham and Taronald 

Williams. The Superior trainers then train all of Superior’s employees assigned to assist 

JetBlue passengers. All of Superior’s employees that assist JetBlue passengers must take 

and pass the JetBlue approved training to demonstrate proficiency. 

 The records attached in Exhibit 1 and Exhibit 4 indicate that the complainants 

who work for JetBlue—Jean Benjamin, Youvens Dervil, and Jocelyn Edson—last 

received the training required under 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 and 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 JetBlue’s training is the fact that Superior 

employees who work for other airlines are provided JetBlue-created training. Superior 

employee and complainant Luckner Hyacinthe, who works and has worked for Bahamas 

Air at FLL, received JetBlue training required to satisfy Part 382 on September 13, 2010 
4 

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 receives from customers with disabilities 

represents a miniscule fraction of the disability customers that JetBlue carries. There 

have been zero complaints made to DOT regarding 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 world-class service to customers with a 

disability 

JetBlue takes its responsibilities under the Air Carrier Access Act (“ACAA”) and 

Part 382 very seriously and truly values its customers with all manner of disabilities. 

JetBlue’s commitment to its customers with disabilities extends beyond merely 

complying with applicable legal and regulatory requirements. As described below, 

JetBlue has established industry-leading programs for its customers with disabilities and 

continually strengthens its existing programs 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 children 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 River 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 people 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 customers with disabilities 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 regarding special assistance for passengers with a 

disability available at the top of its main website 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 assistance” to locate information concerning airport 

assistance, lifts/ramps, meet and assist services, service and emotional support animals, 

boarding procedures, JetBlue’s complaints resolution officials, boarding and deplaning 

assistance, assistance for visually and hearing impaired travelers, and medical and 

assistive devices. This is unique in the industry. Additionally, JetBlue provides a link to 

DOT’s disability hotline and a method for reporting customer concerns and complaints. 

d. Special Services Team 

JetBlue maintains a team of employees, known as the Special Services Team 

(“SST”), dedicated to addressing the needs of its customers with disabilities. In a first of 
6 

its kind model in the industry, the SST proactively contacts every customer who has 

indicated a disability or special need (designated with a Special 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 contained in Paragraph 1 of the Complaint. 

2. JetBlue admits the allegations contained 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 the provision of assistance to passengers flying 

on JetBlue. The rest and remainder of the allegations 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 works for JetBlue in any capacity. The rest and 

remainder of the allegations of paragraph 4 of the Complaint are denied. 

 5. Upon information and belief, JetBlue admits that Youvens Dervil is an 

employee of Superior and that his job duties include the provision of assistance to 

passengers flying on JetBlue. The rest and remainder of the allegations of paragraph 5 of 

the Complaint are denied. 

6. Upon information and belief, JetBlue admits that Edson Jocelyn is an employee 

of Superior and that his job duties include the provision of assistance to passengers flying 

on JetBlue. The rest and remainder of the allegations 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 works for JetBlue in any capacity. The rest and 

remainder of the allegations of paragraph 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 admit 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 admit 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 simply 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 than JetBlue. JetBlue denies that it does not 

require complainants to assist passengers with 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 simply 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 simply 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 simply quotes a portion of 14 C.F.R. § 382.91 

to which no response is required. 

28. Paragraph 28 asserts conclusions of law to which no response is required. 

29. JetBlue lacks sufficient knowledge to admit or deny the allegations contained 

in Paragraph 29 of the complaint, but denies that it does not have appropriately 

maintained wheelchairs. 

30. Denied. 
9 

FIRST DEFENSE 

The Complaint fails to state a claim 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 Benjamin, Edson Jocelyn, and Youvens Dervil 

received the training required by Part 382 on or about August 8, 2012. Both Edson 

Jocelyn and Youvens Dervil received 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 for ensuring that they are trained as required by Part 382. 

FOURTH DEFENSE 

Neither Plaintiffs nor the traveling public have been damaged as a result of 

JetBlue’s conduct and, therefore, 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 requirement 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, JetBlue 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 International Union 32BJ is involved in an 

organization effort related to Superior’s employees and the Department of Transportation 

should not involve itself in these matters. 


EXHIBIT 1 

SUPERIOR ACAA TRAINING LOGS 








EXHIBT 2 

TRAIN-THE-TRAINER OUTLINE 
 

Proprietary 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 Explanation, Program Debrief, Teach Back 

0900 – 0915 Break 

0915 – 1145 General Training Program 

1145 – 1215 General Training Program Debrief & 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 Conclusion 
 

Proprietary 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 & Conclusion 
 

Proprietary 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 Qualification Skills Checks – Wheelchair Navigation & Vision 

Impairment 

1645 – 1700 Conclusion 
 

Proprietary 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 Conclusion 
 

Proprietary 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 – Document 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 TRAINERS 
Group 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 SECURITY TRAINING RECORDS