Order 2013-8-15

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

Onetha McKnight et al.

Complainants

DOT OST 2013-0091

v. Served August 23, 2013

US Airways, Inc., and

PrimeFlight Airline Services

 

Respondents

ORDER TERMINATING PROCEEDINGS

This order concerns alleged violations by US Airways, Inc., (US Airways) 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 Onetha McKnight, Nikisha Watson, Isaura Fernandez, and Dan 

Hernandez [collectively Complainants] with the Assistant General Counsel for Aviation 

Enforcement and Proceedings, pursuant to 14 CFR 302.404, alleging violations of the 

ACAA and Part 382. Complainants alleged that US Airways and PrimeFlight

[hereinafter Respondents] (1) failed to provide Complainant Isaura Fernandez with 

training to proficiency concerning the requirements of Part 382, other applicable 

regulations, and US Airways’ procedures, as required by 14 CFR 382.141(a)(1)(i)-(ii); 

(2) failed to provide all Complainants with training in recognizing requests for 

communication accommodations from individuals with hearing or vision impairments, as 
2

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).

On June 20, 2013, Respondents filed a joint answer in response to the formal complaint 

pursuant to 14 CFR 302.405. Respondents stated that Complainants 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 each 

Complainant. Furthermore, according to Respondents, US Airways 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 Complainants, 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 Complainants’ 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 US Airways, Inc., and PrimeFlight Airline 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 Onetha McKnight et al.

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