DOT Fines United Airlines $1.9 M for Holding Passengers on Tarmac Too Long

DOT Fines United Airlines $1.9 M for Holding Passengers on Tarmac Too Long

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DOT Fines United Airlines $1.9 M for Holding Passengers on Tarmac Too Long

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From DOT.gov

The U.S. Department of Transportation (DOT) today fined United Airlines $1.9 million for violating federal statutes and the Department’s rule prohibiting long tarmac delays.  The airline was also ordered to cease and desist from future similar violations.  This is the largest fine issued by the Department for tarmac delay violations.  

An extensive investigation by the Department’s Office of Aviation Consumer Protection (OACP) found that between December 2015 and February 2021, United allowed twenty domestic flights and five international flights at various airports throughout the United States to remain on the tarmac for a lengthy period of time without providing passengers an opportunity to deplane, in violation of the Department’s tarmac delay rule.  The tarmac delays affected a total of 3,218 passengers.

Under the DOT tarmac delay rule, airlines operating aircraft with 30 or more passenger seats are prohibited from allowing their domestic flights to remain on the tarmac for more than three hours at U.S. airports and their international flights to remain on the tarmac for more than four hours at U.S. airports without giving passengers an opportunity to leave the plane.  The rule prohibiting long tarmac delays for domestic flights took effect 2010 and was expanded to include international flights in 2011.  An exception exists for departure delays if the airline begins to return the aircraft to a suitable disembarkation point in order to deplane passengers by those times.  An exception to the time limit is also allowed for safety, security, or air traffic control-related reasons.  The rule also requires airlines to provide adequate food and water, ensure that lavatories are working and, if necessary, provide medical attention to passengers during long tarmac delays.

DOT’s aviation consumer protection website makes it easy for travelers to understand their rights.  The page on tarmac delays can be found here.  Consumers may file an airline complaint with the Department here.

The consent order is available at https://www.transportation.gov/individuals/aviation-consumer-protection/united-airlines-consent-order-2021-9-21

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White House Sends Message of Unity to IAMAW 141

White House Sends Message of Unity to IAMAW 141

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White House Sends Message of Unity to IAMAW 141

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The letter, addressed to IAMAW District 141 Communications Coordinator Dave Lehive, is a welcome reminder that the American worker is once again an important part of public policy. It joins several other outreach efforts that the Biden Administration is making to Machinists and Aerospace workers and other labor organizations.

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VIDEO: Passenger Screams at Flight Crews, Chews Mask, Gets Arrested

VIDEO: Passenger Screams at Flight Crews, Chews Mask, Gets Arrested

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VIDEO: Passenger Screams at Flight Crews, Chews Mask, Gets Arrested

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The meltdown tantrum adds to a year of record levels of violent attacks on airline workers.

61-year-old Timothy Armstrong was arrested and released with a citation for public intoxication and disorderly conduct.

(Play Video on Tik Tok)  61-Year-old Timothy Armstrong was arrested after a drunken, racist rampage on an American Airlines Flight.

On Monday, police arrested and ticketed Timothy Armstrong after a bizarre racist rant onboard a flight from Los Angeles to Salt Lake City. The incident was captured on a cellphone camera and shared on social media, where it immediately went viral. American Airlines flight 1802 had 162 passengers and six crew members on board at the time. The flight landed safely at Salt Lake City International Airport.

So far, authorities have not charged Armstrong with intimidating a flight crew, a federal offense.

Tik Tok user Dennis Busch, a resident of Salt Lake City, filmed the incident and posted it to his account on Monday, where it quickly earned 2.3 million views.

“To clarify,” Busch said of the video, “he was being a racist jerk to a couple of asian passengers before I started filming.”

According to Busch, “He began by yelling at the Asian woman in front of me to sit down when she was standing to deal with a back issue.”

“He proceeded to tell multiple flight attendants that she and her companion ‘didn’t belong here,'” Busch continued. “After asking him to calm down the man went into a complete meltdown of racist, sexist and belligerent comments, culminating in his arrest at the gate.”

The video shows Armstrong growling and chewing at his facemask before getting out of his seat to berate flight attendants and other passengers. A member of the flight crew at one point ordered him to return to his seat. As he did so, he shouted “Joe Biden? Really?” at other passengers.

Upon returning to his seat, Armstrong seemed to go into a drunken stupor, apologizing for his behavior and repeatedly mumbling, “America,” until the police arrived to arrest him.

Busch thanked the flight crew for their composure in handling the incident. “We were lucky to have such a well-trained crew who kept their cool throughout the flight,” he said

“The flight landed safely at (Salt Lake City) where local law enforcement removed the disruptive passenger from the aircraft,” American Airlines said in a statement. “We thank our crew for their professionalism and our customers for their understanding.”

Upon landing, police boarded the plane and detained Armstrong on drunk and disorderly charges.

The International Association of Machinists and Aerospace Workers has been a leading voice in calls to increase penalties for attacks on airline workers. IAMAW District 141 Legislative Director, David Roderick sits on an airport labor committee tasked with dealing with air rage. “We are working with other unions to coordinate an industry-wide way to handle the rise in attacks on airline workers,” Roderick explained. “On Saturday, we had a meeting with the Executive Vice President of the AFL-CIO Trefere Gebre, along with 20 representatives from other unions,” Roderick said. “We discussed some of the many concerns we have in the transportation industry, which seems to change every day,” Roderick said. 

Since the beginning of this year, the FAA has fined unruly passengers more than $1 million for similar outbursts. Since January 1 of this year, the agency has logged just under 4,000 reports of violent and abusive incidents involving passengers. About 3/4s of the attacks were motivated by federal mask requirements, which have been extended to January 2022.

The Machinists Non-Partisan Political League works to drive the interests of airline workers through legislation and public advocacy efforts. The MNPL is funded entirely through voluntary contributions from members like you. Please consider recurring, automatic payroll-deducted contributions of any amount today. Every dollar helps the cause. 

 

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141 Report: Summer Fun, Fundraising, and Politics

141 Report: Summer Fun, Fundraising, and Politics

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Dave Lehive was at the Local 1487 Golf Outing last week, where the sold-out event attracted 144 golfers on a beautiful summer day. This was the Chicago local’s biggest fundraising event of the year to benefit Guide Dogs of America and Tender Loving Canines.

141 Report: Summer Fun, Fundraising, and Politics

Dave Lehive was at the Local 1487 Golf Outing last week, where the sold-out event attracted 144 golfers on a beautiful summer day. This was the Chicago local’s biggest fundraising event of the year to benefit Guide Dogs of America and Tender Loving Canines.

The organizing committee, led by Local 1487 President Tony Licciardi, spent six months planning the event, which received the support of many of the local’s friends and allies in the community. Union members, their families, and friends enjoyed a great course, fellowship, and fresh air while raising much-needed funds for the Machinists Union’s favorite charity. GDA President Russ Gitlin attended the event accompanied by McCoy, a 2 ½-year-old Labrador Retriever who is ready to be placed with a blind person.  

Sponsors of the event included National Group Protection and District 141. Friends of the late District 141 AGC Rich Pascarella, who was a prominent supporter of Guide Dogs of America, sponsored a golf hole to raise money for the pups in his memory.

Dave flew from Illinois to New Jersey for the New Jersey State Council of Machinists Conference, which took place at Liberty State Park in Jersey City. 

Ines Garcia-Keim, a Communications Rep at District 141 and Dave’s colleague, presided over the council’s meeting for the last time, as they elected a new Executive Board. Cristino Vilorio, a Business Representative from Local 447, and Michael Buonpastore, a Safety Rep from Local 1776, were elected President and Secretary-Treasurer, respectively. Brother Buonpastore is a New Jersey resident who previously served as the State Council’s Education Director. Bill Gula, President of Local 914, and Rich Howell, former president of Local 1776, were elected Vice Presidents, and Rich Creighton from District 141 and Obie O’Brien from Local 1776 were elected Trustees. 

Ines explains how the State Council serves as the political arm of the union, building relationships, and solidarity with elected officials and allies in labor. The council works to ensure that union members and all working people influence legislation that affects our work and communities. After a year of hiatus because of the pandemic, Ines leaves the council in excellent hands, as she moves into her new role as an Education Representative at the William W. Winpisinger Center. 

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This Could Be BIG: Labor Department Rules IAM Flight Trainers Covered by Service Contract Act

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This Could Be BIG: Labor Department Rules IAM Flight Trainers Covered by Service Contract Act

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The Labor Department’s Wage and Hour division recently sided with the Machinists Union in its decision that U.S. Air Force contractors employed by FlightSafety Services Corporation (FSSC) are covered under the Service Contract Act (SCA). The federal agency’s Aug. 2 ruling creates opportunities for the IAM to negotiate stronger labor contracts with Service Contract employers who have to abide by the guidelines that require contractors and subcontractors to pay area wages and benefits that are determined by the government.

Many thanks to the union journalists at GOIAM.org who originally created and published this story.

The Labor Department’s decision is a victory in the IAM’s longstanding effort to get the designation for its Local 708 members who train pilots and maintain flight simulators for the new KC-46 at McConnell Air Force Base in Kansas. The U.S. Air Force contracts office failed to include this designation of SCA for its government contract, a decision that led to a years-long fight that included strikes and mounting support from elected officials.

Service Contract workers are private-sector employees who work under federal contracts, primarily at military bases and other federal installations.

TAKE ACTION: Tell Your Senators and Representative to Help Protect SCA Jobs Today

Without an SCA designation, IAM members at McConnell AFB had been paid less than their counterparts working in the same industry.

“This is a tremendous victory for this critical workforce that helps the men and women who support our nation’s armed forces,” said IAM International President Robert Martinez Jr. “This DOL ruling finally creates the opportunity for these workers to have the same protection that the Service Contract Act offers to the hundreds of other companies doing the same or similar work for the government. I want to thank our Legal and Aerospace departments for their hard work fighting for our membership.”

The Air Force has until Oct. 1 to decide whether to appeal the DOL ruling. The IAM remains confident, however, that the agency’s decision will ultimately be upheld.

The IAM also represents FlightSafety workers at Pease AFB in New Hampshire, Altus AFB in Oklahoma and Seymour Johnson AFB in North Carolina.

The DOL ruling also comes as the IAM is urging the Biden administration to reinstate protections in the SCA that were removed by former President Donald Trump.

The IAM represents nearly 40,000 Service Contract Workers in various industries, spread across more than 800 locations.

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Our View: Airlines Slowly Returning to Profitability Thanks to PSP

Our View: Airlines Slowly Returning to Profitability Thanks to PSP

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Our View: Airlines Slowly Returning to Profitability Thanks to PSP

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Airlines are rebounding. This is due to many factors, not least of which is the taxpayer-funded Payroll Support Program. This legislation covered the wages for airline workers so carriers could keep them on standby for a quick recovery after the pandemic subsides. 

American Airlines reported a net profit of $19 million for the Second Quarter, becoming the second of the “Big Three” airlines to do so. Delta has announced earnings of $652 million in Q2. 

American, Delta, and United all received taxpayer aid intended to preserve their workforces during the pandemic in amounts that exceeded their posted profits.

United Airlines reported a net loss of $400k, falling short of returning to profitability in the second quarter, for a net loss of $1.3 billion. However, United expects to return to profitability sometime during the summer travel season. United has launched aggressive programs intended to dramatically grow the airline, including hiring 25,000 new employees by 2026. 

Delta’s profits of $652 million seem impressive but are almost entirely due to one-off events to raise cash and a taxpayer infusion of $1.5 billion. Without these revenue-boosting efforts, Delta would have posted a net loss in the second quarter of $678 million. Delta is struggling to attract new customers, with passenger counts stuck at around half of pre-pandemic levels.

Delta has shed workers in large numbers despite the massive taxpayer assistance intended to preserve the hard-to-replace airline workforce. 

All of the Big Three airlines accepted billions in taxpayer aid through the Payroll Support Program (PSP), a part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act approved by Congress in March 2020. The funding was renewed in two subsequent COVID relief bills in December 2020 and March 2021. The PSP was designed to keep well-trained airline workers on standby during the pandemic so they do not find other jobs and slow a future economic recovery. All of the Big Three airlines seem to have reduced their workforces and saved those taxpayer-funded wages instead, which they have used to boost cash flow and profits. 

However, Delta is unique because the airline relies more heavily on low-wage, non-union contractors to perform many functions of its operations. These workers have been slow to return to these employers, opting instead for better-paying union jobs at other airlines or in other industries. This slow pace in rehiring is stalling Delta’s financial health. 

American Airlines’ revenue in the second quarter topped $7.5 billion, representing an 87% increase over the previous quarter. As with the other airlines, American was pushed “into the black” by way of PSP assistance. 

Without the PSP support, American would have posted a loss of over $1 billion in Q2. 

Passengers are indeed returning to American Airlines; the carrier has attracted back 70% of pre-pandemic flight loads, accounting for $6.4 billion of the overall $7.7 billion in total revenue accumulated. 

Final Thoughts:
An alliance of unions and airlines backed the Payroll Support Program, arguing that airline workers are difficult to hire and train quickly. A staffing shortage in the airlines would slow any post-pandemic economic recovery, and so these workers needed to be maintained at taxpayer cost until the companies could restart normal operations. Since none of the airlines have returned to 2019 passenger levels, it begs the question as to why chronic staffing shortages are hitting airlines so hard. It seems that the misuse of this assistance is one of the principal driving forces behind airline profits and near-profits in the second quarter of 2021. Lawmakers did not intend for this aid to simply be converted into taxpayer-funded profits. Lawmakers expected this funding to prevent post-pandemic staffing shortages and speed the recovery of commercial aviation and the larger economy, while preventing mass layoffs in the industry. 

The Machinists and Aerospace Union called out airlines for misusing PSP funding and solicited the help of dozens of lawmakers to redirect this critical assistance to the workers it was meant to help. Together, we successfully prevented involuntary layoffs and furloughs, including the involuntary demotion of full-time workers to part-time shifts. The fact that airlines could successfully reduce their staffing levels after accepting PSP funding should not be seen as a failure of our efforts as a union. Instead, it is evidence of how determined they were to take PSP funding for themselves. Our strength and solidarity undoubtedly created the success that we enjoy today. 

Nevertheless, airline profits are not the enemy of airline workers. The return of passengers and potential future profits is a good sign and evidence of the strength of commercial aviation in our nation. This strength, if sustained, promises to yield benefits in time to union members and the United States economy overall.

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