UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. JEAN BENJAMIN, JACQUES CASSEUS, YOUVENS DERVIL, EDSON JOCELYN, LUCKNERYACINTHE, Complainants, JETBLUE AIRWAYS CORPORAnON and SUPERIORAIRCRAFT SERVICES, INC. Respondents. ) ) ) ) ) ) ) ) ) ) ) ) ) DocketDOT-OST-2013-0095



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MOTION OF SUPERIOR AIRCRAFT SERVICES, INC. FOR SANCTIONS AGAINST

LOCAL 32BJ, SERVICE EMPLOYEES INTERNATIONAL UNION Respondent Superior Aircraft Services, Inc. ("Superior"), through counsel, respectfully

moves for an award of its attorneys fees expended herein in defending against the Formal Complaint as a sanction against Local 32BJ, Service Employees International Union ("Local 32BJ, SEIU"). In its previously-filed Answer to the Formal Complaint, Superior alleged that Local 32BJ, SEIU had subornedperjury onthepart ofthe Complainantsto putpressure on Superior in connection with an ongoing union organizing effort directed at the employees of Superior Aircraft Services, Inc. atthe FortLauderdale-HollywoodInternationalAirport. Superior alleged that the Formal Complaint herein was based on intentionally false statements and provided documentation in supportofits allegation. On July II, 2013, Local 32BJ, SEIU filed a "Notice of Voluntary Discontinuance" herein. In the Notice, Local 32BJ, SEIU admits that Superior had provided with its Answer "certain company records

... not previously known to Complainants" that established the intentional falsity of the statements in the Formal Complaint and that Local 32BJ, SEIU"assisted" the Complainants in making the false statements. Attached to the Notice were

"Authorizations" signed by the five Complainants in which the Complainants specifically acknowledge that they "made allegations in the complaint

... which were based on the best of [their] knowledge and recollection" but which statementsare now acknowledged to be false and fraudulent. Two of the documents attached to the Answer by Superior were statements actually signedbytwo ofthe Complainantsthatthey hadactuallyreceivedthe very safetytraining which the Formal Complaint alleged they had not received. Their subsequent statements in the Authorizations that they essentially forgothaving signedthe earlier statements are not worthy of credibility. All of the Complainants and Local 32BJ, SEIU have acknowledged that the union "assisted" the Complainants in makingtheir false,perjurious statements. Local 32BJ, SEIUhas admitted that it had an ulteriormotive for doing so - a successful organizing drive of Superior's employees at the Fort Lauderdale airport. Candidly, misusing the Department of Transportation's enforcement processes to achieve personal financial gains unrelated to the Department's jurisdiction through perjured statements is sanctionable conduct, and Superior should not have had to spend money on attorneys fees to defend against the union's abuse of process. Superior respectfully requests an orderthat it provide an affidavit of its fees and other expenses herein and that, uponreview, Local 32BJ, SEIUbe ordered to reimburse Superior for allitsreasonable fees andexpensesherein. ROSENBLUM GOLDENHERSH By: 

# fY~ JohnJ. Gazzoli, Jr. 7733ForsythBlvd.Suite 400 St. Louis, MO 63105 314-726-6868 314-726-6786 (fax) jjg@rgsz.com Attorneys/or Superior Aircraft Services, Inc.

CERTIFICATE OF SERVICE The undersigned certifies that a true copy of the foregoing Motion for Sanctions was served by Federal Express overnight delivery this 

### It-~y ofJuly, 2013 upon the following: Samuel Podberesky Assistant Gen. Counsel for Aviation Enforcement and Proceedings United States Dept. of Transportation 1200 New Jersey Avenue, S.E. Room W92-300 Washington, D.C. 20590 Judith S. Kaleta Deputy General Counsel United States Dept. of Transportation 1200 New Jersey Avenue, S.E. Room W92-300 Washington, D.C. 20590 David Barger JetBlue Airways Corporation 27-01 Queens Plaza North Long Island City, NY 11101 Aldo Muirragui Service Employees International Union 32BJ 14N.E. 1stAvenue, Suite 905 Miami, FL 33132y Lyle D. Rowen

Associate General Counsel Service Employees lnternational Union 25 West 18th Street New York, NY 10011-1991 y LyleD.Rowen Associate General Counsel ServiceEmployees International Union 25 West 18th Street NewYork, NY 10011-1991