Order 2013-8-16

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Twenty-Third day of August, 2013

Kyla Thorington et al.

Complainants

v. DOT OST 2013-0092

United Airlines, Inc., and Served August 23, 2013

PrimeFlight Airline Services

 

Respondents

ORDER TERMINATING PROCEEDINGS

This order concerns alleged violations by United Airlines, Inc., (United) and PrimeFlight

Airline Services (PrimeFlight) of the Air Carrier Access Act, 49 U.S.C. § 41705,

(ACAA) and the regulations found at 14 CFR Part 382. By this order, the Office of 

Aviation Enforcement and Proceedings (Enforcement Office) declines to institute a 

formal enforcement proceeding and thereby dismisses the instant case.

On May 2, 2013, the Service Employees International Union (SEIU) filed a formal 

complaint on behalf of Kyla Thorington, Henry Carter, John Stewart, and Shante Smith 

[collectively Complainants] with the Assistant General Counsel for Aviation 

Enforcement and Proceedings, pursuant to 14 CFR 302.404, alleging violations of the 

ACAA and Part 382. Complainants alleged that United and PrimeFlight [hereinafter 

Respondents] (1) failed to provide Complainant Kyla Thorington with training to 

proficiency concerning the requirements of Part 382, other applicable regulations, and 

United’s procedures, as required by 14 CFR 382.141(a)(1)(i)-(ii); (2) failed to provide all 

Complainants with training to proficiency concerning the use of boarding- and deplaningassistance equipment and appropriate boarding- and deplaning-assistance procedures, as 

required by 14 CFR 382.141(a)(1)(iii); (3) failed to provide all Complainants with 
2

training in recognizing requests for communication accommodations from individuals 

with hearing or vision impairments, as required by 14 CFR 382.141(a)(3); and (4) failed 

to provide equipment in sound working condition, as required by 14 CFR 382.51(b)(2).

On June 7, 2013, Respondents filed a joint answer in response to the formal complaint

pursuant to 14 CFR 302.405. Respondents stated that Complainants received the 

required training in accordance with Part 382, which included boarding- and deplaningassistance equipment and procedures and communication with individuals with visual 

and hearing impairments. As documentary evidence of the training, Respondents 

submitted training logs and verifications signed by each Complainant. Furthermore, 

according to Respondents, United has contracted with Aviation Mobility LLC (Aviation 

Mobility) to provide and maintain the wheelchairs and other equipment used to provide 

assistance to passengers, and United has no reason to believe that Aviation Mobility is 

not fulfilling its duties. Respondents requested that the Department dismiss the 

Complaint with prejudice.

The Enforcement Office has thoroughly considered the pleadings and supporting 

documents on file in this proceeding.1

 It takes allegations that an airline has failed to 

train its employees in accordance with Part 382 very seriously. The allegations regarding 

the insufficiency of training received by Complainants, however, are not supported by the 

evidence. The Complaint is misleading and meritless. The Enforcement Office has,

therefore, determined that any further investigation into the Complainants’ allegations is

unjustified and unnecessary. Moreover, the Enforcement Office is placing SEIU on 

notice that if, in the future, SEIU files an unsubstantiated complaint that contains 

misleading statements or otherwise exhibits unprofessional conduct, the Enforcement 

Office will pursue action to bar the SEIU from practicing before the Department under 14 

CFR 300.20.

2

 

ACCORDINGLY, I decline to institute a formal enforcement proceeding in this case.

 1 The Enforcement Office notes that the Complainants filed a Notice of Voluntary Discontinuance 

that is procedurally deficient for its intended purpose. Therefore, the office will not consider that document 

as a responsive pleading properly filed in this matter.

2 SEIU filed similar complaints on behalf of complainants in June 2007 and February 2008, docket

numbers OST-2008-0082 and OST-2008-0081, which were dismissed by the Enforcement Office for 

procedural deficiencies. In addition, SEIU improperly submitted a complaint in August 2009 but never 

formally filed it, even after the Enforcement Office sent a letter to the complainants explaining the 

deficiencies.
3

This order is issued under the authority assigned in 14 CFR 302.406(a)(2) and shall be 

effective as the final action of the Department within 30 days after service. Copies will 

be served on all parties.

BY:

SAMUEL PODBERESKY

Assistant General Counsel for

Aviation Enforcement and Proceedings
4

CERTIFICATE OF SERVICE

I hereby certify that I have this date served the foregoing document on the following 

persons in accordance with the Department’s Rules of Practice.

Omar V. Guerrero

Senior Trial Attorney

Dated: August 23, 2013

Counsel for United Airlines, Inc.

Lorraine B. Halloway, Esq., lhalloway@crowell.com

Gerald F. Murphy, Esq., gmurphy@crowell.com

Crowell & Moring LLP

1001 Pennsylvania Ave NW

Washington, DC 20004

Counsel for PrimeFlight Airline Services

Mark W. Atwood, Esq., matwood@cozen.com

Elizabeth J. Wadsworth, Esq., ewadsworth@cozen.com

Cozen O’Connor

1627 I St NW

Washington, DC 20006

Representative of Kyla Thorington et al.

Conor Hanlon, conor.hanlon@seiu.org

Service Employees International Union

42 S 15th St Ste 200

Philadelphia, PA 19102

An electronic version of the document is available at www.regulations.gov.

Dockets and Media Management Division (SVC-124)

U.S. Department of Transportation

Washington, DC 20590