Order 2013

- 8

- 17

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

O n the Twenty

- Third day of August , 2013

Frank Drum

Complainant

v. D OT OST 20 1 3

- 00 9 3

Southwest Airlines Co. and PrimeFlight Airline Services Served August 23, 2013

Respondents

ORDER TERMINATING PROCEEDINGS

This order concerns alleged violations by Southwest Airlines Co. ( Southwest ) 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 cas e.

On May 2 , 2013, the Service Employees International Union (SEIU) filed a formal complaint on behalf of Complainant , Frank Drum, with the Assistant General Counsel for Aviation Enforcement and Proceedings

, pursuant to 14 CFR 302.404, alleg ing violations of the ACAA and Part 382. Complainant alleged that Southwest and PrimeFlight [hereinafter Respondents] (1) failed to provide training to proficiency concerning the requirements of Part 382, other applicable regulations, and Southwest ’ s procedures, as

req uired by 14 CFR 382.141(a)(1)(i)

- (ii); (2) failed to provide training in recognizing requests for communication accommodations from individuals with hearing or vision impairments, as required by 14 CFR 382.141(a)(3); and ( 3 ) failed to provide equipment

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

On June 2 0 , 2013, Respondents filed a joint answer in response to the formal complaint pursuant to 14 CFR 302.405. Respondents stated that Complainant received the required training in accordan ce with Part 382, which included communicati on with individuals with visual and hearing impairments. As documentary evidence of the training, Respondents submitted training logs and verifications signed by Complainant as well as completed tests that demon strated his proficiency in the ACAA and Part 382. Furthermore, according to Respondents, Southwest has contracted with Aviation Mobility LLC (Aviation Mobility) to provide and maintain the wheelchairs and other equipment used to provide assistance to passengers, and Aviation Mobility has kept the equipment in sound working order. Respondents included documentary evidence of Aviation Mobility’s maintenance. Resp ondents 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 Complainant, however, are not suppor ted by the

evidence. The Complaint is m isleading and meritless. The Enforcement Office has

, therefore

, determined that any further investigation into the Complainant’ s allegations is unjustified and un necessary. 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 si milar 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 Au gust 2009 but never formally filed it, even after the Enforcement Office sent a letter to the c omplainants 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. Copie s will be served on all parties

.

BY:

S AMUEL PODBERESKY

Assistant General Counsel for

Aviation Enforcement and Proceedings4

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 Southwest Airlines Co. Robert W. Kneisley, Esq., bob.kniesley@wnco.com Leslie C. Abbott, Esq., leslie.abbott@wnco.com

Southw est Airlines Co.

1901 L St NW Ste 640 Washington, DC 20036

Counsel for PrimeFlight Airlines 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 Frank Drum 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 Di vision (SVC

- 124) U.S. Department of Transportation Washington, DC 20590