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

/* social sharing plugin styles */ .dd-spl3 .supsystic-social-sharing a { background-color: #0c0c0d!important; color: #cf7d72!important; margin-left: 5px; margin-right: 5px; } .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.facebook:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.twitter:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.pinterest:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.stumbleupon:hover { background-color: #0c0c0d!important; } .dd-spl3 .supsystic-social-sharing .sharer-flat.sharer-flat-8 { width: auto!important; } /* style the category links */ .dd-spl3 .dd-categories a { color: #cf7d72; } .dd-spl3 p.et_pb_title_meta_container { padding-bottom: 5px; } .dd-spl3 .dd-categories a:hover, .dd-meta-author a:hover { opacity: 0.66; } /* set divider margin */ .dd-spl3 .dd-divider { margin-bottom: 0!important; } /* increase paragraph padding */ .dd-spl3 .dd-post p { padding-bottom: 2em; } /* style the comment form */ .dd-spl3 .dd-comment-form .form-submit { float: none; } .dd-spl3 .dd-comment-form.et_pb_comments_0 .et_pb_button, .dd-spl3 .dd-comment-form.et_pb_comments_0 .et_pb_button:hover { padding: 9px 20px!important; } /* responsive media queries */ @media only screen and (min-width: 981px) { /* Remove default padding from body area on desktop*/ .single #left-area { padding-bottom: 0; } } @media only screen and (max-width: 479px) { /* remove boxed layout effect on mobile*/ .dd-spl3 .dd-row { width: 100%!important; } }

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

[supsystic-social-sharing id='3']

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

United Delays Action Against Employees With Medical or Religious Exemptions

United Delays Action Against Employees With Medical or Religious Exemptions

/* social sharing plugin styles */ .dd-spl3 .supsystic-social-sharing a { background-color: #0c0c0d!important; color: #cf7d72!important; margin-left: 5px; margin-right: 5px; } .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.facebook:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.twitter:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.pinterest:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.stumbleupon:hover { background-color: #0c0c0d!important; } .dd-spl3 .supsystic-social-sharing .sharer-flat.sharer-flat-8 { width: auto!important; } /* style the category links */ .dd-spl3 .dd-categories a { color: #cf7d72; } .dd-spl3 p.et_pb_title_meta_container { padding-bottom: 5px; } .dd-spl3 .dd-categories a:hover, .dd-meta-author a:hover { opacity: 0.66; } /* set divider margin */ .dd-spl3 .dd-divider { margin-bottom: 0!important; } /* increase paragraph padding */ .dd-spl3 .dd-post p { padding-bottom: 2em; } /* style the comment form */ .dd-spl3 .dd-comment-form .form-submit { float: none; } .dd-spl3 .dd-comment-form.et_pb_comments_0 .et_pb_button, .dd-spl3 .dd-comment-form.et_pb_comments_0 .et_pb_button:hover { padding: 9px 20px!important; } /* responsive media queries */ @media only screen and (min-width: 981px) { /* Remove default padding from body area on desktop*/ .single #left-area { padding-bottom: 0; } } @media only screen and (max-width: 479px) { /* remove boxed layout effect on mobile*/ .dd-spl3 .dd-row { width: 100%!important; } }

United Delays Action Against Employees With Medical or Religious Exemptions

[supsystic-social-sharing id='3']

Facing a lawsuit filed by six United Airlines employees, the carrier has announced that it will postpone the decision to place those with medical or religious exemptions on unpaid leave until October 15. Employees who were denied an exemption have been given individual vaccination timelines from the company, which have not changed. Those who never placed a request for reasonable accommodation must have proof of first vaccination by today, September 27.

The lawsuit is not challenging the vaccine mandate at the airline and is not seeking to delay or stop the requirements that all 67,000 employees at the airline must be vaccinated by today. Instead, the lawsuit asks a Texas court to force the company to revise its “Reasonable Accomodation” policy for those who qualify for medical or religious exemptions. According to the complaint, the existing reasonable accommodation policy discriminates against specific disabilities or religious beliefs. If successful, the lawsuit will require United to allow unvaccinated employees with a medical or religious exemption to remain on the clock and submit to regular testing and masking rules instead of unpaid time off.

However, federal law also allows a company to deny a request for accommodation if doing so would impose an “undue hardship” for the employer. United argues that allowing unvaccinated employees to spread the deadly COVID-19 virus at work represents an undue burden to the airline. Therefore unvaccinated employees must be separated from the rest of the workforce.

“Given our focus on safety and the steep increases in COVID infections, hospitalizations and deaths, all employees whose request is approved will be placed on temporary, unpaid personal leave on October 2 while specific safety measures for unvaccinated employees are instituted,” United said in a September memo to employees. “Given the dire statistics…we can no longer allow unvaccinated people back into the workplace until we better understand how they might interact with our customers and their vaccinated co-workers.”

According to the complaint, the airline violates Title 7 of the Civil Rights Act of 1964 and the Americans with Disabilities Act by denying pay to unvaccinated employees who are not permitted to enter the workplace.

The lawsuit states that “United’s actions have left Plaintiffs with the impossible choice of either taking the COVID-19 vaccine, at the expense of their religious beliefs and their health, or losing their livelihoods.” It goes on to argue that, “In doing so, United has violated Title VII and the ADA by failing to engage in the interactive process and provide reasonable accommodations, and also by retaliating against employees who engaged in protected activity.”

One of the plaintiffs, Debra Jennefer Thal Jonas, who works as a Customer Service Representative at the United Club at DFW airport, has requested both religious and medical exemptions from the vaccine policy. Ms. Thal was granted a medical exemption but has joined the lawsuit because United did not provide her a way to file a second request on religious grounds.

Another plaintiff, Flight Attendant Genise Kincannon, was granted a religious exemption but is joining the suit because she feels that unpaid leave is unreasonable and a violation of her rights under Title 7 of the Civil Rights Act.

The union representing flight attendants at United, the Association of Flight Attendants (AFA), has said that it will not assist members that apply for vaccine exemptions, saying that the process should be a “private matter.”

At a time when mixed messaging can have devastating results, United has struggled to find a consistent narrative on the subject. In January, United CEO Scott Kirby said United could not realistically mandate vaccinations unless other airlines and companies do the same and require their employees to take them as well. By this summer, Kirby had changed course and implemented the most sweeping vaccination requirements of any of the Big Three carriers at the time. United Ground Express, a wholly-owned subsidiary of United Airlines, first told employees that there were no plans to require vaccinations, then changed course less than a month later. United first told employees that they would have to be “fully vaccinated” by September 27. The company is now telling employees that they only need the first shot by that date.

The position of the International Association of Machinists and Aerospace Workers union is that vaccine mandates are unnecessarily controversial and should not be used until a good faith effort to employ incentives has been tried first. Throughout this process, United Airlines has failed to provide clear communications and a consistent policy towards vaccinations.

“The IAM will pursue any grievance where our members were wrongfully denied an exemption and then terminated,” IAMAW District President Mike Klemm said in a September 3 statement. “Let me be abundantly clear. Your IAM attorneys have advised us that the company is within its legal rights to mandate the vaccine as a condition of employment so any grievance would be an uphill battle. Morally it’s deplorable, but welcome to Kirby Airlines.”

IAMAW International President Robert Martinez has also demanded that any vaccine mandates be part of the bargaining process. “The IAM will work to enforce the legal obligation of employers to bargain with unions over effects that implementation will have on union-represented employees,” said Martinez. “Rest assured, the IAM will, as always, continue to vigorously protect our members’ rights.”

All major airlines in the United States have announced plans to implement vaccine requirements, including American Airlines, Delta, Southwest, Hawaiian, Frontier, JetBlue, and United. In September, OSHA began drafting policies that will require all US-based employers with more than 100 workers to require vaccinations protecting against COVID-19 or allow weekly testing.

IAM LEADS Fight For Gender Equity

IAM LEADS Fight For Gender Equity

/* social sharing plugin styles */ .dd-spl3 .supsystic-social-sharing a { background-color: #0c0c0d!important; color: #cf7d72!important; margin-left: 5px; margin-right: 5px; } .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.facebook:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.twitter:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.pinterest:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.stumbleupon:hover { background-color: #0c0c0d!important; } .dd-spl3 .supsystic-social-sharing .sharer-flat.sharer-flat-8 { width: auto!important; } /* style the category links */ .dd-spl3 .dd-categories a { color: #cf7d72; } .dd-spl3 p.et_pb_title_meta_container { padding-bottom: 5px; } .dd-spl3 .dd-categories a:hover, .dd-meta-author a:hover { opacity: 0.66; } /* set divider margin */ .dd-spl3 .dd-divider { margin-bottom: 0!important; } /* increase paragraph padding */ .dd-spl3 .dd-post p { padding-bottom: 2em; } /* style the comment form */ .dd-spl3 .dd-comment-form .form-submit { float: none; } .dd-spl3 .dd-comment-form.et_pb_comments_0 .et_pb_button, .dd-spl3 .dd-comment-form.et_pb_comments_0 .et_pb_button:hover { padding: 9px 20px!important; } /* responsive media queries */ @media only screen and (min-width: 981px) { /* Remove default padding from body area on desktop*/ .single #left-area { padding-bottom: 0; } } @media only screen and (max-width: 479px) { /* remove boxed layout effect on mobile*/ .dd-spl3 .dd-row { width: 100%!important; } }

IAM LEADS Fight For Gender Equity

[supsystic-social-sharing id='3']

The Machinists Union is following through on its promise to support women in their efforts to rise through the ranks of the IAM to leadership positions across North America.

International President Robert Martinez Jr. announced the creation of the Leadership Excellence Assembly of Dedicated Sisters (LEADS) programearlier this year. The program’s mission is to prepare more IAM sisters for the roles of Business Representatives, Directing Business Representatives, President/Directing General Chairs and other union leaders, so they can make informed decisions about seeking higher office.­

WATCH: New IAM Program Supports Women Leadership Roles

More than 10 district leaders and 25 women members, representing every territory of the IAM, attended a meeting last week at the William W. Winpisinger Education and Technology Center to plan curriculum for upcoming classes. The meeting began with motivating and sometimes emotional stories from General Secretary-Treasurer Dora Cervantes about obstacles she has had to overcome in her rise to the second highest position of the union.

“The value of gender diversity – particularly in the workplace – cannot be overstated,” said Cervantes. “It starts with our union.”

“Having more female leaders in positions of influence is not only critical to the overall advancement of our IAM sisters, but to our entire union as a whole,” said Cervantes. “We can’t talk change in the workplace without female voices at the table.”

The LEADS program is being developed in the field, for the field and is a joint venture between the Women’s and Human Rights Department and the Winpisinger Center in Hollywood, Md.

“I personally felt honored to see the commitment and engagement from these members and leaders to develop a program that will grow our union by building a deeper bench of strong leaders that reflect our membership long into the future,” said Carla M. Siegel, IAM Women’s and Human Rights Department Director and General Counsel.

Participants identified obstacles, brainstormed solutions and dealt with the painful realities many IAM women members face in their quest to excel, as well as new obstacles that so often present themselves once a woman does achieve a higher position. They also discussed how to build a program that works with districts of all sizes and independent lodges. Accessibility was another important topic of discussion, including affordability.

“Together, you are going to be the driving force behind creating pathways for countless more women to take their rightful place in leadership roles in the IAM,” said Martinez. “Let me be crystal clear; that means our IAM Sisters must be in leadership positions at every level of our union. Not just at the local lodge level, but at the district lodge and Grand Lodge levels as well.”

“The LEADS Program is about ensuring that our organization is relevant in the future; workforce demographics have changed dramatically – women now make up 57% of the workforce,” said Winpisinger Center Director Chris Wagoner.  “The LEADS Program ensures that our leadership ranks reflect our future membership.  LEADS positions the IAM for success in the future. LEADS opens doors and creates opportunities for sisters to lead.” 

The LEADS program is still in its planning stages, but organizers hope to roll it out in the next few months. For more information, please contact your DBR or PDGC.

Share and Follow:
Facebook

Twitter

 

141 Report: District Educators Hold Workshop

141 Report: District Educators Hold Workshop

/* Styling the category buttons */ .dd-spl1 .dd-categories p.et_pb_title_meta_container { color: #fff; } .dd-spl1 .et_pb_bg_layout_light.dd-categories p.et_pb_title_meta_container a { color: #fff; } .dd-spl1 .dd-categories a { font-size: 11px; padding: 6px 12px; background-color: #415370; border-radius: 3px 3px 3px 3px; -webkit-transition: all 0.4s ease-in-out; -moz-transition: all 0.4s ease-in-out; transition: all 0.4s ease-in-out; } .dd-spl1 .dd-categories a:hover { background-color: rgba(65,83,112,0.66); } /* Increase post paragraph padding */ .dd-spl1 .dd-post-content p { padding-bottom: 2em; } /* Styling the comment form */ .dd-spl1 .dd-comment-form .form-submit { float: none; } .dd-spl1 .dd-comment-form.et_pb_comments_0 .et_pb_button, .dd-spl1 .dd-comment-form.et_pb_comments_0 .et_pb_button:hover { padding: 9px 20px!important; } /* Styling for the social sharing plugin */ html body .dd-spl1 .supsystic-social-sharing a.social-sharing-button { padding: .63em .55em .63em .55em!important; } .dd-spl1 .dd-share .supsystic-social-sharing a { background-color: #415370!important; margin-left: 5px; } .dd-spl1 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.facebook:hover, .dd-spl1 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.twitter:hover, .dd-spl1 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.pinterest:hover { background-color: rgba(65,83,112,0.66)!important; } /* responsive media queries */ @media only screen and (max-width: 980px) { /* remove margin from code module on mobile */ .dd-spl1 .dd-code .et_pb_column { margin-bottom: 0; } } @media only screen and (min-width: 768px) and (max-width: 980px) { /* display post image in landscape on tablet */ .dd-spl1 .dd-post-image img { height: 360px; object-fit: cover; object-position: 50% 50%; width: 100%; } } @media only screen and (max-width: 767px) { /* display post image in landscape on mobile */ .dd-spl1 .dd-post-image img { height: 180px; object-fit: cover; object-position: 50% 50%; width: 100%; } } @media only screen and (min-width: 981px) { /* Remove default padding from body area on desktop*/ .single #left-area { padding-bottom: 0; } /* Increase left column width on desktop */ .dd-spl1 .et_pb_gutters2 .et_pb_column_2_3, .dd-spl1 .et_pb_gutters2.et_pb_row .et_pb_column_2_3 { width: 63.666%; } .dd-spl1 .et_pb_gutters2 .et_pb_column_1_3, .dd-spl1 .et_pb_gutters2.et_pb_row .et_pb_column_1_3 { width: 33.333%; } /* Position share buttons on title line on desktop */ .dd-spl1 .dd-share { position: absolute; top: 0; right: 0; z-index: 999; } }

This week, the District 141 Education Department held a two-day workshop at the District Headquarters in Chicago, Illinois. The workshop was hosted by Mac McGovern, the District Director of Education.

141 Report: District Educators Hold Workshop

This week, the District 141 Education Department held a two-day workshop at the District Headquarters in Chicago, Illinois. The workshop was hosted by Mac McGovern, the District Director of Education.

District educators help train union stewards and local officers by holding on-site classes at local lodges around the country. The training classes cover a wide range of union topics, including understanding contract language, officer responsibilities, and best practices for union stewards as they participate in employee discipline hearings. The lessons are available to all IAMAW 141 Members, Committee Members, and Local Officers across all airlines represented by the District.

District Educators participating in the workshop updated some elements of the union steward curriculum, adding new lessons and revamping others. “Some of the changes have been made to grievance writing and investigation sheets,” said attendee Chris Lusk. Lusk also explained that Zoom training would be used when needed, but the District Educators are moving forward with more live training. He also advised viewers seeking education classes “to reach out to their AGC’s if the locals need some education classes done.” 

District 141 Educators participating in the workshop included Chris Lusk (UA), Brian Harrison (AA), Deena Pena (UA), Kim Krasani (UA), Alice Potter (AA), Ku’ueli McGuire (HA), and Jeff Carlson. The event was led by District 141 Director of Education, Mac McGovern.

White House Sends Message of Unity to IAMAW 141

White House Sends Message of Unity to IAMAW 141

/* social sharing plugin styles */ .dd-spl3 .supsystic-social-sharing a { background-color: #0c0c0d!important; color: #cf7d72!important; margin-left: 5px; margin-right: 5px; } .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.facebook:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.twitter:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.pinterest:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.stumbleupon:hover { background-color: #0c0c0d!important; } .dd-spl3 .supsystic-social-sharing .sharer-flat.sharer-flat-8 { width: auto!important; } /* style the category links */ .dd-spl3 .dd-categories a { color: #cf7d72; } .dd-spl3 p.et_pb_title_meta_container { padding-bottom: 5px; } .dd-spl3 .dd-categories a:hover, .dd-meta-author a:hover { opacity: 0.66; } /* set divider margin */ .dd-spl3 .dd-divider { margin-bottom: 0!important; } /* increase paragraph padding */ .dd-spl3 .dd-post p { padding-bottom: 2em; } /* style the comment form */ .dd-spl3 .dd-comment-form .form-submit { float: none; } .dd-spl3 .dd-comment-form.et_pb_comments_0 .et_pb_button, .dd-spl3 .dd-comment-form.et_pb_comments_0 .et_pb_button:hover { padding: 9px 20px!important; } /* responsive media queries */ @media only screen and (min-width: 981px) { /* Remove default padding from body area on desktop*/ .single #left-area { padding-bottom: 0; } } @media only screen and (max-width: 479px) { /* remove boxed layout effect on mobile*/ .dd-spl3 .dd-row { width: 100%!important; } }

White House Sends Message of Unity to IAMAW 141

[supsystic-social-sharing id='3']

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.

DOJ: JetBlue, American Airlines Deal is a “De-Facto Merger.”

DOJ: JetBlue, American Airlines Deal is a “De-Facto Merger.”

/* social sharing plugin styles */ .dd-spl3 .supsystic-social-sharing a { background-color: #0c0c0d!important; color: #cf7d72!important; margin-left: 5px; margin-right: 5px; } .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.facebook:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.twitter:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.pinterest:hover, .dd-spl3 .dd-share .supsystic-social-sharing a.social-sharing-button.sharer-flat.stumbleupon:hover { background-color: #0c0c0d!important; } .dd-spl3 .supsystic-social-sharing .sharer-flat.sharer-flat-8 { width: auto!important; } /* style the category links */ .dd-spl3 .dd-categories a { color: #cf7d72; } .dd-spl3 p.et_pb_title_meta_container { padding-bottom: 5px; } .dd-spl3 .dd-categories a:hover, .dd-meta-author a:hover { opacity: 0.66; } /* set divider margin */ .dd-spl3 .dd-divider { margin-bottom: 0!important; } /* increase paragraph padding */ .dd-spl3 .dd-post p { padding-bottom: 2em; } /* style the comment form */ .dd-spl3 .dd-comment-form .form-submit { float: none; } .dd-spl3 .dd-comment-form.et_pb_comments_0 .et_pb_button, .dd-spl3 .dd-comment-form.et_pb_comments_0 .et_pb_button:hover { padding: 9px 20px!important; } /* responsive media queries */ @media only screen and (min-width: 981px) { /* Remove default padding from body area on desktop*/ .single #left-area { padding-bottom: 0; } } @media only screen and (max-width: 479px) { /* remove boxed layout effect on mobile*/ .dd-spl3 .dd-row { width: 100%!important; } }

DOJ: JetBlue, American Airlines Deal is a “De-Facto Merger.”

[supsystic-social-sharing id='3']

This sweeping partnership is unprecedented among domestic airlines and amounts to a de facto merger between American and JetBlue.

The U.S. Department of Justice, together with Attorneys General in six states and the District of Columbia, is suing to stop the virtual merger of  American Airlines and JetBlue. The two airlines are trying to consolidate their Boston and New York City operations with the “Northeast Partnership,” as the arrangement is called.

In a civil antitrust complaint, the DOJ argues that the partnership will act as a de-facto merger, eliminating important competition in the New York and Boston markets, and greatly diminish competition between the two carriers everywhere they interact. The deal would create a level of coordination that violates antitrust laws, according to the DOJ.

If allowed to proceed, the near-merger will further consolidate an already highly concentrated industry.

Federal law prevents a single company, entity, or partnership from eliminating competition within a given market, and creating a monopoly on goods and services. Monopolistic power allows companies to completely control the prices and availability of their products, creating dangerous economic bottlenecks that can destabilize markets. According to the DOJ allegations, this is exactly what American Airlines has been attempting to do for years. American executives have created informal mergers since the airline cannot legally control more markets through a legal merger process. 

The International Association of Machinists and Aerospace Workers union has expressed concern that the informal merger between American Airlines and JetBlue could threaten the jobs of JetBlue Ground Operations Crewmembers. In examples where the two airlines have overlapping services, union workers at American would be impossible to remove from their jobs, thanks to unbreakable job protections that American ramp workers negotiated and ratified in 2020. However, non-union JetBlue Crewmembers would have no such job protections, and could potentially be fired and replaced with the unionized workers at American. 

JetBlue does not formally lay off non-union employees, the company just fires them. 

From the Department of Justice statement:
“Millions of consumers across America rely on air travel every day for work, to visit family, or to take vacations. Fair competition is essential to ensuring they can fly affordably and safely,” said Attorney General Merrick B. Garland. “In an industry where just four airlines control more than 80% of domestic air travel, American Airlines’ ‘alliance’ with JetBlue is, in fact, an unprecedented maneuver to further consolidate the industry. It would result in higher fares, fewer choices, and lower quality service if allowed to continue. The complaint filed today demonstrates the Justice Department’s commitment to ensuring economic opportunity and fairness by protecting consumers and competition.”

“The Northeast Alliance would eliminate significant competition in this important industry,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “This sweeping partnership is unprecedented among domestic airlines and amounts to a de facto merger between American and JetBlue in Boston and New York City. The impact on consumers extends far beyond Massachusetts and New York, as evidenced by the participation and our ongoing cooperation with Attorneys General from across the country, including Arizona, California, Florida, Massachusetts, Pennsylvania, Virginia and the District of Columbia, in this lawsuit.” 

The Northeast Alliance combines American’s and JetBlue’s operations at four major airports: Boston Logan, John F. Kennedy, LaGuardia, and Newark Liberty. The airlines have committed to coordinate “on all aspects” of network planning, including which routes to fly, when to fly them, who will fly them and what size planes to use for each flight. The two airlines will also share revenues earned at these airports, eliminating their incentives to compete. The Northeast Alliance will also allow the parties to pool their gates and takeoff and landing authorizations, known as “slots.” According to the complaint, this unprecedented combination would raise prices and reduce choices for air passengers traveling to and from Boston and New York City. 

As alleged in the complaint, American is the largest airline in the world. Just four airlines — American, Delta, United, and Southwest — collectively control 80% of domestic air travel. According to the complaint, American has relentlessly pursued an industry consolidation strategy in the United States and worldwide. Unable to combine with foreign airlines through formal mergers, American has pursued consolidation through a series of international joint ventures. The complaint alleges that JetBlue’s CEO stated, “it may look as if a dozen or more airlines [are] providing service. But when you go under the surface, it’s really just three big mega-alliances controlling 87% of the traffic…Consumers effectively have very little choice in markets where JVs have a stranglehold – and they also face higher fares.” The Justice Department alleges that American now seeks to import this strategy to domestic air travel.

According to the complaint, JetBlue has positioned itself as an essential source of competition against American and the other large airlines, particularly in the northeast. According to the complaint, JetBlue’s reputation for lowering prices is so established that the industry refers to it as the “JetBlue Effect.” JetBlue’s internal estimates show that it has saved customers at least $10 billion since its launch, offering lower fares and better service and forcing its competitors to do the same.     

According to the complaint, the Northeast Alliance will cause hundreds of millions of dollars in harm to air passengers across the country through higher fares and reduced choice. The complaint alleges that JetBlue and American planned to compete more intensely before entering the Northeast Alliance, including Boston, New York City, and other areas. If allowed to proceed, the Northeast Alliance would eliminate this important existing and future competition — creating, as American’s senior executives put it, “further domestic consolidation.” The Northeast Alliance will dampen American’s incentive to expand service elsewhere in its network and will significantly reduce JetBlue’s incentives to challenge its much more significant partner across the country.  

American Airlines Group Inc. is a Delaware corporation with its headquarters in Fort Worth, Texas. In 2019, it flew over 215 million passengers to approximately 365 locations worldwide, earning about $45 billion in revenues.  

JetBlue Airways Corporation is a Delaware corporation with its headquarters in Long Island City, New York. In 2019, JetBlue flew over 42 million passengers to approximately 100 locations worldwide, earning about $8 billion in revenue.