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BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

________________________________________________

)

Application of )

)

SOUTHWEST AIRLINES CO. )

) Docket DOT-OST-2014-0222

For an exemption under 49 U.S.C. § 40109 to engage in )

foreign scheduled air transportation of persons, property )

and mail between Houston Hobby International Airport )

and Cancun, Mexico City, Puerto Vallarta, and )

San Jose del Cabo, Mexico )

)

________________________________________________

REPLY OF THE

SOUTHWEST AIRLINES PILOTS’ ASSOCIATION

Communications with respect to this document should be addressed to:

Paul Jackson

President

Southwest Airlines Pilots’ Association

1450 Empire Central

Dallas, TX 75247 (800) 969-7972

pjackson@swapa.org

January 8, 2015
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I. INTRODUCTION

The Southwest Airlines Pilots’ Association (“SWAPA”) is the exclusive bargaining 

representative for almost 8,000 Southwest Airlines pilots. The Southwest Airlines Pilots’ 

Association files this Reply in response to the Answer of United and SkyWest Airlines filed on 

December 29, 2014 (“United Answer”) in this proceeding. 

In its response United fails to address the public benefits that Southwest will produce 

and instead focuses on ways to delay Southwest’s entry in the two routes, HOU-MEX and HOUSJD. United also fails to address the implications of the fact that they will still retain market 

access even if the Department withdraws SkyWest’s authority.

II. IF SOUTHWEST GAINS ACCESS UNITED WILL STILL RETAIN ROUTE AUTHORITY MAKING A 

CARRIER SELECTION PROCEEDING SUPERFLUOUS

In United’s response, United fails to note that, if Southwest is granted access, United 

will still retain access to the market with complete flexibility to fly as many daily flights with 

mainline aircraft that it would like. In fact, United could actually expand service with their sole 

designator if they choose to. United may actually benefit from using mainline aircraft under the 

existing designation. Awarding Southwest access on the two routes in question will provide 

enhanced public benefits and will not reduce competition. Contrary to United’s argument that 

they offer better connectivity and frequency, Southwest service will offer travelers an 

affordable opportunity to connect to the nation’s largest domestic network and the flexibility of 

two airport choices in Houston. Additionally, the public will benefit from reduced fares via the 

“Southwest Effect,” an effect already realized in the Mexican markets Southwest currently 
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serves. As no carrier brand is losing access to the market, and United could actually expand 

service with a single designation, carrier selection proceeding is unjustified.

III. AN EXTRA-BILATERAL APPROACH SHOULD NOT BE TAKEN TO GAIN ACCESS FOR A NEW 

ENTRANT AS LONG AS APPROACHES WITH MORE CERTAIN OUTCOMES EXIST

United urged DOT to engage in an extra-bilateral approach to grant Southwest access to 

the routes in question. SWAPA believes that an extra-bilateral approach is unlikely to produce 

a desired outcome until such time that it becomes clear that the recently negotiated agreement 

will be approved by the Mexican senate. In fact with the Mexican government working to 

implement the current agreement by January 2016, a request for an extra bilateral authority

would only be a distraction and could potentially delay implementation of the full agreement. If 

an extra-bilateral approach is taken by the DOT it should be done to facilitate a second 

authority for United and NOT for a new entrant like Southwest. In this case, if the extrabilateral approach failed, United would still have market access whereas if extra-bilateral access 

was pursued for Southwest, and that approach failed Southwest would not. 

IV. UNITED SHOULD SEEK TO HAVE THE DEPARTMENT CLARIFY THE DEFINTION OF CARRIER IN 

THE CONTEXT OF THE MEXICO AIR TRANSPORT AGREEMENT

SWAPA urges the Department to examine the possibility to clarify the definition of 

carrier in the context of the bilateral agreement. The current interpretation of the definition of 

carrier does not take into account the current market place realities, especially from the 

standpoint of the consumer. If the definition of carrier was clarified to mean carrier brand 

proceedings such as this could be avoided and public benefits would be enhanced as a result of 

increased flexibility. With this clarification, SkyWest’s United Express service could be 
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operated under the United designation. Since together the carriers are offering one service 

options for consumers, this approach is fully justified. 

V. CONCLUSION

For the reasons stated above, SWAPA fully supports the Southwest application and 

urges the Department to reject United’s attempts to delay Southwest’s entry. Specifically we 

urge the Department to:

 Withdraw one of the two authorities held by United and its partner carriers for 

service on the Houston – MEX and Houston – SJD segments

 Quickly grant Southwest exemption authority and requisite designations to 

engage in scheduled foreign air transportation between Houston – MEX and 

Houston – SJD.

Respectfully submitted,

_________________________________

Paul Jackson
CERTIFICATE OF SERVICE

I hereby certify that on January 8, 2015, a copy of the foregoing was served via e-mail on 

the following persons:

msinick@ssd.com (Alaska Airlines)

howard.kass@aa.com (American Airlines)

robert.wirick@aa.com (American Airlines)

sascha.vanderbellen@delta.com (Delta Air Lines)

chris.walker@delta.com (Delta Air Lines)

matwood@cozen.com (Frontier Airlines)

stephen.lachter@cozen.com (Frontier Airlines)

robert.land@jetblue.com (jetBlue Airways)

jhill@cooley.com (jetBlue Airways)

perkmann@cooley.com (jetBlue Airways)

robert.cohn@hoganlovells.com (Republic Airways)

patrick.rizzi@hoganlovells.com (Republic Airways)

dkirstein@yklaw.com (Spirit Airlines)

jyoung@yklaw.com (Spirit Airlines)

bob.kneisley@wnco.com (Southwest Airlines)

leslie.abbott@wnco.com (Southwest Airlines)

thomas.ting@suncountry.com (Sun Country Airlines)

dan.weiss@united.com (United Airlines)

steve.morrissey@united.com (United Airlines)

gmurphy@crowell.com (United Airlines)

sseiden@crowell.com (United Airlines) 

john.varley@virginamerica.com (Virgin America) 

susan.kurland@dot.gov

brian.hedberg@dot.gov

brett.kruger@dot.gov

reese.davidson@dot.gov

todd.homan@dot.gov

peter.irvine@dot.gov

cristinasa@state.gov

info@airlineinfo.com

 / John Pepper /

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