BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Formal Complaint of )

)

VICTOR CHERENFANT, )

RAINER DAHM, )

JEAN MOLIERE, )

GLORIA NEJJAR, and )

JAMES SIMEON, ) Docket No.

)

Complainants, ) DOT-OST-2013-0097

against )

)

SPIRIT AIRLINES, INC. and )

DIRECT AIRLINE SERVICES, INC., )

)

Respondents. )

____________________________________)

ANSWER OF SPIRIT AIRLINES, INC.

Communications with respect to this document should be sent to:

Joanne W. Young

David M. Kirstein

Kirstein & Young, PLLC

1750 K Street, N.W.

Suite 200

Washington, D.C. 20006

(202) 331-3348 (telephone)

(202) 331-3933 (facsimile)

Attorneys for

SPIRIT AIRLINES, INC.

June 5, 2013
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Formal Complaint of )

)

VICTOR CHERENFANT, )

RAINER DAHM, )

JEAN MOLIERE, )

GLORIA NEJJAR, and )

JAMES SIMEON, ) Docket No.

)

Complainants, ) DOT-OST-2013-0097

against )

)

SPIRIT AIRLINES, INC. and )

DIRECT AIRLINE SERVICES, INC., )

)

Respondents. )

____________________________________)

ANSWER OF SPIRIT AIRLINES, INC.

Pursuant to Section 302.405 of the Department’s procedural regulations, Spirit Airlines, 

Inc. (“Spirit”) hereby files this Answer on behalf of itself and Direct Airline Service, Inc. (DAS) 

in response to the above captioned Complaint served May 7, 2013.1 Spirit denies that its 

wheelchair attendants are not trained to proficiency in accordance with the Air Carrier Access 

Act and Part 382 of the Department’s regulations. The Complaint is without merit and contains 

a number of falsehoods, including the fact that only one of the five Complainants provides 

wheelchair or air travel services to Spirit passengers. The Complaint appears to be no more than 

a leveraging tool for Service Employees International Union (SEIU) to use as part of an effort to 

 

1 By Notice dated May 22, 2013 the time to file Answers was extended to June 5, 2013.
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DOT-OST-2013-0097

2

unionize DAS employees, and should be immediately dismissed. Further evidence that the SEIU 

has filed this complaint to harass Spirit as part of its industry organizing efforts is supported by 

the fact that it has filed eight complaints involving 28 airlines and four different providers of 

wheelchair services. The Complaint should be rejected and no further action taken by the 

Department. 

I. Introduction

Spirit contracts with Direct Airline Services (“DAS”) to provide wheelchair assistance to 

Spirit passengers at Fort Lauderdale-Hollywood International Airport (“FLL”). Specifically, 

DAS employees transport Spirit passengers requesting wheelchair assistance from the ticket 

counter to the gate area, from aircraft to baggage claim or to connecting flights, and when 

necessary for international travel, through customs and immigration facilities. Additionally, 

when non-ambulatory passengers require additional assistance boarding the aircraft, DAS 

provides an aisle chair and two attendants to transport and secure the passenger in his or her 

assigned seat on the aircraft. Under the terms of Spirit’s contract, DAS is responsible for 

training its employees in accordance with Part 382 and is also responsible for providing and 

maintaining the equipment used to assist passengers and for training its wheelchair attendants. 

As required under § 382.15, this contract includes an assurance that DAS will provide 

wheelchair assistance in accordance with Part 382. 

Complainants are employees of DAS, which provides air travel services to multiple

airlines at FLL. However, Complainants Victor Cherenfant, Rainer Dahm, Jean Moliere, and 

James Simeon are not assigned to Spirit and do not provide any services to Spirit passengers. 

Ms. Nejjar is assigned to Spirit. However, contrary to her allegations, she was provided training 
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3

to proficiency, as appropriate to the duties of a wheelchair attendant, in accordance with 14 

C.F.R. § 382.141. 

As a contract service provider, DAS management participates in daily briefings on Spirit 

operations at FLL. Although Spirit does not manage DAS employees directly, it regularly 

reviews the services provided by DAS, and when problems occur or customer complaints arise,

Spirit works with DAS to address these issues and to ensure DAS is providing appropriate 

assistance to Spirit passengers. In that regard, the number of complaints received by Spirit 

Airlines at FLL regarding DAS’s wheelchair services is extremely low. In the past year, out of 

35,688 requests for wheelchair assistance at FLL, Spirit received only 14 complaints related to 

DAS provided services. This very small number of complaints primarily concerned delays in 

furnishing a wheelchair. None of the complaints evidenced a deficiency in training. 

II. The Complainant Received Training to Proficiency in Accordance with Part 382 

In accordance with the Spirit-DAS contract, DAS properly trains all of its employees as 

required by Part 382 and maintains its equipment in proper and safe working condition. DAS 

provides extensive initial training, including one-on-one, on-the-job training on the provision of 

wheelchair assistance to passengers with a disability, to all of its new employees assigned to 

Spirit as wheelchair attendants. It also conducts recurrent/refresher training at least every 18 

months thereafter. The extremely low number of complaints at FLL relating to wheelchair

service is substantial evidence that the training provided by DAS ensures proficiency in the 

proper and safe provision of wheelchair assistance to passengers with a disability.

Prior to providing wheelchair assistance, new DAS wheelchair attendants participate in a 

live classroom training session at which an instructor presents and discusses information about 

the Air Carrier Access Act and Part 382, as required by 14 C.F.R. § 381.141(a)(i), as well as
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DAS procedures concerning the provision of wheelchair assistance to passengers with a 

disability. At the conclusion of the classroom session, each wheelchair attendant completes a 

short test to ensure he/she understands the material and to document attendance. The attendants 

and instructors review and discuss any questions answered incorrectly. 

After the classroom session, the new wheelchair attendant then goes through a 10-14 day 

on-the-job, supervised training period before being allowed to provide unsupervised wheelchair 

assistance. This training includes 2-3 days greeting passengers at the DAS podium located near 

the Spirit ticket counter. During this time, and building on the classroom training, the wheelchair 

attendant is provided instruction on general customer service as well as awareness and 

appropriate responses to passengers with a disability as required by 14 C.F.R. § 382.141(a)(2). 

Next, the wheelchair attendant shadows a DAS supervisor for 4-5 days as he or she provides 

wheelchair assistance. During this time, the supervisor will provide detailed instruction on the 

use of wheelchairs and boarding and deplaning equipment to assistant passengers with a 

disability and DAS procedures for the provision of this assistance, as required by 14 C.F.R. § 

382.141(a)(1)(ii) & (iii). When the supervisor is comfortable that the new wheelchair attendant 

understands the responsibilities of the position and can properly perform them in accordance 

with DAS procedures and Part 382, the supervisor will oversee the wheelchair attendant while 

he/she assists customers for 5-6 days. During this time, the supervisor checks that the 

wheelchair attendant is proficient in DAS procedure and properly interacting with passengers 

with disabilities. When the supervisor is comfortable that the wheelchair attendant can properly 

perform the duties and responsibilities of the position, he or she is allowed to assist passengers 

unsupervised. 
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Both the classroom and on-the-job training includes, to the extent applicable to the duties

of a wheelchair attendant, instruction regarding the proper and safe operation of wheelchairs and 

aisle chairs, the use of boarding and deplaning assistance equipment, awareness of and 

appropriate responses to passengers with a variety of disabilities, and interacting with individuals 

with vision or hearing impairments. During the classroom training and shadowing period, 

employees have ample opportunity to ask questions, learn how to properly conduct themselves in 

a variety of situations, and familiarize themselves with the DAS policies and procedures 

concerning the provision of wheelchair assistance to passengers with a disability. 

Complainant Gloria Nejjar participated in a one-on-one, classroom training session with 

DAS Station Manager Chelle Dubissette on December 4, 2012, at which Ms. Dubissette read 

over and discussed a packet of information about the ACAA, Part 382, and DAS procedures with 

Nejjar. Typically, these training sessions are done in small groups, but Nejjar was hired outside 

of the normal hiring season and so her training session was done one-on-one. Nejjar’s completed 

ACAA test, documenting her attendance at this training session is attached as Exhibit A. Nejjar 

had been a wheelchair attendant for the airport service company that provided wheelchair 

assistance to Spirit passengers prior to DAS. Nejjar was also a part-time wheelchair attendant 

for another airport service provider, and so was already somewhat familiar with the requirements 

of Part 382. Dario Knowels, a DAS wheelchair attendant supervisor, oversaw Nejjar’s on-thejob training, which lasted approximately 10 days. Declarations from Ms. Dubissette and Mr. 

Knowles supporting the assertion that Ms. Nejjar was provided training to proficiency in 

accordance with the requirements of § 382.141 are attached as Exhibits B & C. 
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6

III. Equipment for the Assistance of Passengers with a Disability Is Provided in Safe 

Working Condition

DAS supplies the straight back wheelchairs and aisle chairs used by wheelchair 

attendants assigned to Spirit. DAS employee Eddie Phillips inspects DAS wheelchairs on a daily 

basis and performs any necessary maintenance or repairs. A Declaration from Mr. Phillips 

regarding the quality of DAS’s equipment is attached as Exhibit D. DAS employees are trained 

to remove equipment that is not in proper working condition or is otherwise unsafe and to notify 

their supervisor of the defect. To the extent that the Complainants discovered damaged or faulty 

wheelchairs, these wheelchairs should not have been used and should have been removed from 

service in accordance with their training.

IV. Spirit Airlines Specific Answers to Each Allegation of the Complaint

Spirit denies each and every allegation of the Complaint that is not specifically admitted 

herein:

1. Spirit admits the allegations of paragraph 1.

2. Spirit admits the allegations of paragraph 2.

3. Spirit denies that Victor Cherenfant’s job duties require him to provide assistance to 

Spirit passengers. Spirit is without sufficient information to admit or deny the 

remaining allegations of paragraph 3.

4. Spirit denies that Rainer Dahm’s job duties require him to provide assistance to Spirit 

passengers. Spirit is without sufficient information to admit or deny the remaining 

allegations of paragraph 4. 
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7

5. Spirit denies that Jean Moliere’s job duties require him to provide assistance to Spirit 

passengers. Spirit is without sufficient information to admit or deny the remaining 

allegations of paragraph 5. 

6. Spirit admits the allegations of paragraph 6. 

7. Spirit denies that James Simeon’s job duties require him to provide assistance to 

Spirit passengers. Spirit is without sufficient information to admit or deny the 

remaining allegations of paragraph 7. 

8. Paragraph 8 merely restates the allegations of Paragraphs 1 to 7, which Spirit admits 

and denies as stated above.

9. Paragraph 9 consists of a quotation from Part 382 to which no response is required.

10. Spirit denies that it has an obligation to ensure Cherenfant received formal training 

because Cherenfant does not provide assistance to Spirit passengers. Spirit is without 

sufficient information to admit or deny the remaining allegations of paragraph 10.

11. Spirit denies that it has an obligation to ensure Dahm received formal training 

because Dham does not provide assistance to Spirit customers. Spirit is without 

sufficient information to admit or deny the remaining allegations of paragraph 11.

12. Spirit denies that it has an obligation to ensure Moliere received formal training 

because Moliere does not provide assistance to Spirit customers. Spirit is without 

sufficient information to admit or deny the remaining allegations of paragraph 12.

13. Spirit denies the allegations of paragraph 13. Nejjar received formal training in the 

form of a one-on-one training session with DAS Station Manager Chelle Dubissette 

on December 4, 2012 before beginning work on December 6, 2012. During the 

course of this session, Nejjar and the Station Manager discussed a training packet 
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8

outlining the general requirements, purpose and objective of the Air Carrier Access 

Act and Part 382, the responsibilities of DAS wheelchair attendants under the 

ACAA/Part 382, the use of aisle chairs, wheelchairs, and other equipment for the 

boarding and deplaning of passengers with a disability, and communicating with 

passengers with a disability while showing sensitivity and respect. Nejjar also 

completed the ACAA/Part 382 training test attached as Exhibit A. In addition to the 

one-on-one training session, Nejjar underwent 10 days of on-the-job training as 

described in Section II above. 

14. Spirit denies that it had an obligation to ensure Simeon received formal training 

because Simeon does not provide assistance to Spirit customers. Spirit is without 

sufficient information to admit or deny the remaining allegations of paragraph 14. 

15. Spirit admits the allegations of paragraph 15 with respect to Nejjar. Spirit is without 

sufficient information to admit or deny the remaining allegations of paragraph 15.

16. Paragraph 16 asserts legal conclusions that Spirit denies are applicable in this 

proceeding. Spirit denies the other allegations of paragraph 16 with respect to Nejjar. 

Spirit is without sufficient information to admit or deny the allegations of paragraph 

16 with respect to Cherenfant, Dahm, Simeon and Moliere.

17. Paragraph 17 merely restates the allegations of Paragraphs 1 to 16, which Spirit 

admits and denies as stated above.

18. Paragraph 18 consists of a quotation from Part 382 to which no response is required.

19. Paragraph 19 consists of a quotation from Part 382 to which no response is required.

20. Spirit admits the allegations of paragraph 20 with respect to Nejjar. Spirit is without 

sufficient information to admit or deny the remaining allegations of paragraph 20.
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9

21. Spirit denies the allegations of paragraph 21 with respect to Nejjar. Ms. Nejjar 

received on-the-job training that included hands-on instruction regarding the proper 

use of boarding and deplaning assistance equipment and appropriate boarding and 

deplaning assistance procedures that safeguard the safety and dignity of passengers, 

in accordance with the requirements of § 382.141(a)(1)(iii). Spirit is without 

sufficient information to admit or deny the remaining allegations of paragraph 21.

22. Paragraph 22 merely restates the allegations of Paragraphs 1 to 21, which Spirit 

admits and denies as stated above.

23. Paragraph 23 consists of a quotation from Part 382 to which no response is required.

24. Spirit denies the allegations of paragraph 24 with respect to Nejjar. Nejjar received 

training to proficiency through both one-on-one training using written materials and 

supervised on-the-job training regarding awareness and appropriate responses to 

passengers with a variety of disabilities, as appropriate to the duties of a wheelchair 

attendant and in accordance with § 382.141.(a)(2). Spirit is without sufficient 

information to admit or deny the remaining allegations of paragraph 24.

25. Paragraph 25 merely restates the allegations of Paragraphs 1 to 24, which Spirit 

admits and denies as stated above.

26. Paragraph 26 consists of a quotation from Part 382 to which no response is required.

27. Spirit denies the allegations of paragraph 27 with respect to Nejjar. Nejjar received 

training to proficiency through both one-on-one training using written materials and 

supervised on-the-job training regarding recognizing requests for accommodation 

from, and using acceptable methods of communicating with, passengers with visual 

or hearing impairments, as appropriate to the duties of a wheelchair attendant and in 
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10

accordance with § 382.141.(a)(3). Spirit is without sufficient information to admit or 

deny the remaining allegations of paragraph 27.

28. Paragraph 28 merely restates the allegations of Paragraphs 1 to 27, to which 

responses have been supplied.

29. Paragraph 29 consists of a quotation from Part 382 to which no response is required.

30. Paragraph 30 asserts legal conclusions that Spirit denies are applicable in this 

proceeding.

31. Spirit denies the allegations of paragraph 31. See Declaration of Eddie Phillips.

32. Spirit denies the allegations of paragraph 32. Paragraph 32 also asserts legal 

conclusions that Spirit denies are applicable in this proceeding.

AFFIRMATIVE DEFENSES

1. Complainants do not state a claim on which relief can be granted.

2. Spirit’s contractor provided all training required by Title 14 C.F.R. Part 382 to 

Complainant Nejjar in December 2012. Complainants Cherenfant, Dahm, 

Moliere, and Simeon do not provide any services to Spirit passengers and 

therefore Spirit is not obligated to ensure they are trained in accordance with Title 

14 C.F.R. Part 382.
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11

CONCLUSION

For the foregoing reasons, the Complaint is without merit and it should be dismissed. 

Respectfully submitted,

__________________________

Joanne W. Young

David M. Kirstein

Kirstein & Young PLLC

1750 K Street N.W.

Suite 200

Washington, D.C. 20006

(202) 331-3348 (telephone)

(202) 331-3933 (facsimile)

Attorneys for

SPIRIT AIRLINES, INC.

June 5, 2013
CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing Answer of Spirit Airlines, Inc. by 

electronic mail on the following persons:

Aldo Muirragui

Agent for Complainants

Service Employees International Union 32BJ

amuirragui@seiu32bj.org

Samuel Podberesky, Esq.

Assistant General Counsel 

for Aviation Enforcement and Proceedings

sam.podberesky@dot.gov

Jeffrey R. Anderson

Vice President Airports & Administration

Direct Airline Services

andersonj@directairlineservices.com

Burton Fishman

Counsel for Direct Airline Services

Fortney & Scott, LLC

bfishman@fortneyscott.com

__________________________

Lyndsey Grunewald

June 5, 2013
Answer of Spirit Airlines, Inc.

DOT-OST-2013-0097

EXHIBIT A

TRAINING TEST FOR GLORIA NEJJAR




Answer of Spirit Airlines, Inc.

DOT-OST-2013-0097

EXHIBIT B

DECLARATION OF CHELLE DUBISSETTE



Answer of Spirit Airlines, Inc.

DOT-OST-2013-0097

EXHIBIT C

DECLARATION OF DARIO KNOWELS



Answer of Spirit Airlines, Inc.

DOT-OST-2013-0097

EXHIBIT D

DECLARATION OF EDDIE PHILLIPS