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 SUPERIOR AIRCRAFT

SERVICES, INC.

Respondents.

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Docket DOT-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 suborned perjury on the part of the Complainants to put pressure on Superior in

connection with an ongoing union organizing effort directed at the employees of Superior

Aircraft Services, Inc. at the Fort Lauderdale-Hollywood International Airport. Superior alleged

that the Formal Complaint herein was based on intentionally false statements and provided

documentation in support of its 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 statements are now acknowledged to be false and

fraudulent.

Two of the documents attached to the Answer by Superior were statements actually

signed by two of the Complainants that they had actually received the very safety training which

the Formal Complaint alleged they had not received. Their subsequent statements in the

Authorizations that they essentially forgot having signed the earlier statements are not worthy of

credibility.

All of the Complainants and Local 32BJ, SEIU have acknowledged that the union

"assisted" the Complainants in making their false, perjurious statements. Local 32BJ, SEIU has

admitted that it had an ulterior motive 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 order that it provide an affidavit of its fees and other

expenses herein and that, upon review, Local 32BJ, SEIU be ordered to reimburse Superior for

all its reasonable fees and expenses herein.

ROSENBLUM GOLDENHERSH

By:

John

fY~

J. Gazzoli, Jr.

7733 Forsyth Blvd.
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 of July, 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

14 N.E. 1st Avenue, Suite 905

Miami, FL 33132
y

Lyle D. Rowen

Associate General Counsel

Service Employees lnternational Union

25 West 18th Street

New York, NY 10011-1991

y 

Lyle D. Rowen 

Associate General Counsel 

Service Employees International Union 

25 West 18th Street 

New York, NY 10011-1991