Order 2013-8-17

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

Frank Drum

Complainant

v. DOT OST 2013-0093

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 case.

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, alleging 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 

required 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 20, 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 accordance with Part 382, which included communication 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 demonstrated 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. 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 Complainant, 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 Complainant’s 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 Southwest Airlines Co.

Robert W. Kneisley, Esq., bob.kniesley@wnco.com

Leslie C. Abbott, Esq., leslie.abbott@wnco.com

Southwest 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 Division (SVC-124)

U.S. Department of Transportation

Washington, DC 20590