Mr. Larry Cohen 

\ 

THE SECRETARY OF TRANSPORTATION 

WASHINGTON, D.C. 20590 

Aprill6, 2012 

President, Communication Workers of America 

501 Third Street NW. 

Washington. DC 20001 

Dear Mr. Cohen: 

Thank you for your letter, cosigned by Ms. Veda Shook of the AssociationofFlightAttendants, 

opposing the applications of Virgin America, Inc., and JetBlue Airways for beyond-perimeter 

slot exemptions at Ronald Reagan Washington National Airport (DCA). In your view, the 

awards should go to carriers with stronger labor records. 

Under authority granted in the FAA Modenuzation and Refonn Act of2012, the 

U.S. Department of Transportation will be awarding to new entrant or limited incumbent 

carriers a total of eight slot exemptions at DCA, whlch would support four daily round trips. 

We received timely applications from Air Canada, proposing one round trip to Vancouver, 

British Columbia; Alaska Airlines. one round trip to Portland, Oregon~ and one round trip to San 

Diego; Frontier Airlines, one round trip to Colorado Springs and beyond to San Diego; JetBlue, 

one round trip to San Juan, Puerto Rico, and one ro.und trip to Austin, Texas; Southwest Airlines~ 

one round trip to Austin and San Diego beyond; Sun Country Airlines, one round trip to Las 

Vegas; and Virgin America, two round trips to San Francisco. 

As the matter is still pending, I cannot comment on the merits of the points raised in your letter. 

However. I can assure you that all applications the Department received will be given full and 

fair consideration an.d will be evalualed against the selection criteria specified in the statute. 

The Department's action on this matter is being administered through a public docket, which 

allows all intere.sted parties the opportunity to comment Following our not:mal practice, I am 

placing a copy of your letter and this response in docket number DOT·2012- 9. 

A similar response has been sent t . I appreciate your inter 
THE SECRETARY OF TRANSPORTATION 

WASHINGTON, D.C. 20690 

Ms.·veda Shook 

International President 

Association of Flight Attendants-CW A 

501 Third StreetNW. 

Washington,DC 20001 

Dear Ms. Shook: 

Aprill6, 2012 

Thank you for your letter, cosigned by Mr. Larry Cohen of the Communication Workers of 

America, opposing the applications of Virgin America, Inc., and JetBlue Airways for beyqndperimeter slot exemptions at Ronald Reagan Washington National Airport (DCA). In your view, 

the awards should go to carriers with stronger labor records. 

Under authority granted in the FAA Modernization and Reform Act of2012, the 

U.S. Department of Transportation will be awarding to new entrant or limited incumbent 

carriers a total of eight slot exemptions at DCA, which would support four daily round trips. 

We received timely applications from· Air Canada~ proposing one round trip to Vancouver~ 

British Columbia; Alaska Airlines, one round trip to Portland, Oregon, and one round trip to San 

Diego; Frontier Airlines, one round trip to Colorado Springs and beyond to 8&'1 Diego; JetBlue? 

one round trip to San Juan. Puerto Rico, and one round trip to Austin, Texas; Southwest Airlines, 

one round trip to Austin and San Diego beyond; Sun Country Airlines, one round trip to Las 

Vegas; and Virgin America, two round trips to San Francisco. 

As the matter is still pending. I caru1ot comment on the n'lerits of the points raised in your letter. 

However. I can assure you that all applications the Department received will be given full and 

fair consideration and will be evaluated against the selection criteria specified in the statute. 

The Department's action on this matter is being administered through a public dockett which 

allows all interested parties the opportunit:>; comment. Following our 1 practice, I am 

placing a copy of your letter and this r .in docket number DO 029, 

A similar response has been se 
.• (~)..,..,. ASSOCIATION OF FLIGHT ATTENDANTS- CWA, AFL·CIO 

: :r 501 Third Strl!(!l, NW, WasJriiiJ.:IOII, OC 20001-2797 'iJ ~ ···--···--··- ---·--··--· ··-··---. ------·--·- ~---------······-'"·-···'0···-·-----· .................... . PH.ONE 202•434•130.0 FAX 202•434•1319 

March 26, 2012 

Secretary Ray LaHood 

United States Department of Transportation 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Dear Secretary LaHood, 

We write to express our concern over Virgin America's application for two open perimeter slots 

as well as JetBlue's application for one open perimeter slot at Washington Reagan National 

Airport (DCA). Under49 U.S.C. § 41718(g)(2), the Department ofTranspo1•tation (DOT) 

considers seven factors in awarding slots to new entrant and limited incumbent carriers at DCA. I 

acknowledge that under factor (G) "to produce public benefits:• Congress specified for DOT to 

considet·lower fares, higher Cltpacity, and a variety of service options. However, this list is not 

exhaustive, and it is wholly consistent with this consunter protection factor to also consider the 

impact on the local community itself and jobs in the community. 

In the post-deregulation era, most airlines serving slot-controlled airports, like National, had to 

purchase the right to provide service. These newly created routes will be given to the airline 

selected by DOT. Granting these slots to Virgin and JetBlue would give them a financial 

advantage over other airlines with stronger labor records that had to pay for their slots. The 

government should not reward bad actors by allowing them to expand their practice of profiting 

at the expense of the hard working famHies in these new markets. 

Moreover, both San Francisco and Washington, D.C. have traditions rich in the labor movement. 

San Francisco's legacy includes the 1934 massacre now known as "Bloody Thursday," Dolot•es 

Huerta's protests for farm worker rights, and one of the largest Occupy movements in the United 

States. In Washington, D.C., citizens in the community rallied against the corporate behemoth 

Walmart and supp01ted responsible, pro-worker investment. Further, consumers in San Francisco 

already enjoy significant competition between airlines, and San Francisco International Airport 

(SFO) is one of the most well-connected airports in the United States. 

The impact on these communities would be augmented by both Virgin America's and JetBlue's 

demoralizing employment practices. For instance, management at Virgin America reportedly 

changes policies regarding time off, scheduling, and other work 1Ules at wi111

• Virgin also 

repmtedly uses inconsistent discipline2

• At JetBlue, there is alleged age discrimination, sexual 

discrimination, and retaliation3

. I fear that these practices are all too common at a carrier that 

stifles any opp01tunity for input from_its employees. 

1 http://www. bizjoumals.com/sanfrancisco/news/20 11/12/20/transport· workers-union-virgin-america.html 

z http://www .sfexaminer.com/local/20 ll/ 1 0/virgin-nmerica-tlight-nttendants-may-unionize 3 Gorzynskl v. JetBlue Airways Corporation, 596 F.3d 93 (2010) 

INFLIGHT SAFETY PROFESSIONALS 
i 

At the Association of Flight Attendants-CW At our nearly 60,000 members are a testament to the 

fact that being u flight attendant is a }:ll~ofession and not just a job. Qunlity jobs with fair t)ny and 

comprehensive benefits are a tangible public benefit and should be considered when awarding 

such a valuable commodity as free take-off and landing rights ut National Ail-port. We need to 

protect these good jobs that employees in San Francisco and Washington, D.C. already have and 

prevent bad actors in the industry from being granted such a privilege. 

Sincerely, 

Larry Cohen 

President 

Communication Workers of America 

s '1 0-120329-029 

Veda Shook 

International President 

Association of Flight Attendants-CW A