+ All Categories
Home > Documents > T3 - AirlineInfoairlineinfo.com/ostpdf69/332.pdf · Aer Lingus, Aero California, Aeroflot Air...

T3 - AirlineInfoairlineinfo.com/ostpdf69/332.pdf · Aer Lingus, Aero California, Aeroflot Air...

Date post: 25-Sep-2018
Category:
Upload: duongnhan
View: 220 times
Download: 0 times
Share this document with a friend
19
^ \ ^ ^ Tim Maddox 7032 Ramsgate Ave. Westchester, CA 90045 Xiomara Osorio 1432 W.Gage Ave. Los Angeles, CA 90047 June 28, 2007 U.S. Department of Transportation Office of Aviation Enforcement & Proceedings 400 Seventh Street, SW, Rm 4107 Washington, D.C. 20590 To Whom It May Concern: Enclosed is a copy of the formal complaint filed with the U.S. Department of Transportation under the complaint procedures outlined in 14 CFR part 302. f-ri T3 eg mco 33 2: Sincerely, Tim Maddox Xiomara Osorio End: Complaint of Wheelchair Attendants Employed at Los Angeles International Airport, Tom Bradley International Terminal Cc: Aero Port Services ^ ^
Transcript

^

\

^

^

Tim Maddox 7032 Ramsgate Ave. Westchester, CA 90045

Xiomara Osorio 1432 W.Gage Ave. Los Angeles, CA 90047

June 28, 2007

U.S. Department of Transportation Office of Aviation Enforcement & Proceedings 400 Seventh Street, SW, Rm 4107 Washington, D.C. 20590

To Whom It May Concern:

Enclosed is a copy of the formal complaint filed with the U.S. Department of Transportation under the complaint procedures outlined in 14 CFR part 302.

f-ri

T3

eg

m c o

3 3

2 :

Sincerely,

Tim Maddox Xiomara Osorio

End: Complaint of Wheelchair Attendants Employed at Los Angeles International Airport, Tom Bradley International Terminal

Cc: Aero Port Services

^

^

Tim Maddox 7032 Ramsgate Ave. Westchester, CA 90045

Xiomara Osorio 1432 W. Gage Ave. Los Angeles, CA 90047

June 28, 2007

Alexander Rhee President Aero Port Services 216 W. Florence Ave. Inglewood, CA 90301

Dear Mr. Rhee:

/^ - ^ /o - i ^ ( ^ ' ^< f>^ (^^ /

3») j , / o - ^ ^ 5 ' - ^ ^ ^ o

f ^ ' ^ J

3) ' J>/o-d .^3 _ ^ ^ ->«P ( ^ ^ rr^ /o : 0(̂ 7 . ) ^

Enclosed is a copy of the formal complaint filed with the U.S. Department of Transportation under the complaint procedures outlined in 14 CFR part 302.

Sincerely, • - ^ ^ ^ - ^ n ^

Tim Maddox Xiomara Osorio

End: Complaint of Wheelchair Attendants Employed at Los Angeles International Airport, Tom Bradley International Terminal

Cc: U.S. Department of Transportation

Tim Maddox Xiomara Osorio 7032 Ramsgate Ave. 1432 W. Gage Ave. Westchester, CA 90045 Los Angeles, CA 90047

June 28, 2007

TBIT Airline 380 World Way Los Angeles, CA 90045

Dear TBIT Airline:

We are writing to inform you that we are filing a complaint with the U.S. Department of Transportation against Aero Port Services (APS). The attached complaint and supporting document(s) are provided to you in accordance with the complaint procedures laid out in 14 CFR part 302.

The complaint alleges that APS, a company that your airline has contracted to provide wheelchair services, has failed to provide adequate equipment and training for their employees as required under the Air Carrier Access Act.

This complaint is a part of a collaboration between the disability rights and workers rights communities. We are concerned that lack of adequate training and use of improperly maintained equipment create a high risk of direct harm to both passengers with disabilities and the workers who assist them.

We hope that this matter will be resolved in a manner that will ensure the safety and well-being of both passengers and employees. We hope that you will ensure that all your service providers, including APS, act as responsible contractors as they provide vital passenger services to Los Angeles International Airport.

Sincerely,

Tim Maddox Xiomara Osorio American Association of People with Disabilities California Alliance for Retired Americans Communities Actively Living Independent & Free Community Resources for Independence - Santa Rosa, California Disability Rights Education and Defense Fund Los Angeles Alliance for a New Economy Protection and Advocacy, Inc. Service Employees International Union, Local 1877

Cc: U.S. Department of Transportation Aero Port Services Tom Bradley International Terminal Airlines' Frank Clark, LAXTEC Gina Marie Lindsey, LAWA Executive Director Los Angeles World Airports Board of Airport Commissioners Los Angeles City Council

Aer Lingus, Aero California, Aeroflot Air India, Air Pacific, Air Tahiti Nui, Alaska Airlines (Mexico), ANA (All Nippon), Asiana Airlines, British Airways, Cathay Pacific, China Airlines, China Eastern, Copa Airlines (Panama), El Al Israel, EVA Air, Japan Airlines, Korean Air, LAN Airlines, LTU International Airways, Lufthansa, Malaysia Airline, Mexicana Airlines, Philippine Airlines, QANTAS, Singapore Airlines, Swiss International Air Lines, Ltd., Thai Airways, Varig Brazilian Airlines

COMPLAINT OF WHEELCHAIR ATTENDANTS EMPLOYED AT LOS ANGELES INTERNATIONAL AIRPORT, TOM BRADLEY INTERNATIONAL

TERMINAL

This complaint is filed with the Department under its authority to enforce requirements regulating the provision of air travel to individuals with disabilities, as laid out in the Air Carrier Access Act ("AC A A"), 14 CFR § 382.61, by workers employed by Aero Port Services ("APS"), a company contracted to provide passenger services by a coalition of airlines at the Tom Bradley International Terminal ("TBIT") of the Los Angeles International Airport ("LAX"). Complainants request that APS be compelled to provide adequate trainings for all employees that are expected to provide services to individuals with disabilities as required under § 382.61, and that appropriate penalties are imposed on APS for their failure to adhere to such rules and regulations.

SUMMARY

This complaint raises the issue of the provision and adequacy of trainings for workers who provide services to individuals with disabilities when traveling on commercial air flights.

Complainants contend that employees are not being given adequate training on how to operate electric and manual wheelchairs and how to transfer passengers from a wheelchair. Briefings, when provided, have been insufficient. In addition, the poor condition of wheelchairs provided by APS prevents employees from safely transporting passengers. As a result, dangerous conditions arise for both passengers and employees.

Finally, employees are also not being provided with training wdth regards to sensitivity and appropriate responses to passengers with disabilities.

PARTIES

Complainant Tim Maddox ("Maddox") is employed at APS, where he has been providing assistance for passengers with disabilities for nearly four (4) years. He has a total of ihirieen (13) years experience in that capacity. Complainant Xiomara Osorio ("Osorio") is also employed at APS, where she has been providing assistance for passengers with disabilities for nearly four (4) years. She has a total of seven (7) years experience in that capacity.

Complainants are supported in this complaint by the following organizations:

• American Association of People with Disabilities ("AAPD") • California Alliance for Retired Americans ("CARA") • Communities Actively Living Independent & Free - Los Angeles ("CALIF") • Community Resources for Independence - Santa Rosa, California ("CRI") • Disability Rights Education & Defense Fund ("DREDF") • Los Angeles Alliance for a New Economy ("LAANE")

ge 1 of 6 DOT Complaint - Maddox/Osorio

• Protection and Advocacy, Inc. ("PAI") • Service Employees International Union, Local 1877 ("SEIU Local 1877")

The board members, staff, clients, and/or individuals they serve of these organizations have been directly and/or indirectly and negatively affected by APS's failure to train airline employees as required by federal law, and failure to provide air travelers with disabilities with wheelchairs that are adequate to ensure their safe transport.

Respondent Aero Port Services ("APS") is a contractor providing passenger services, including wheelchair assistance, security, and baggage handling, for TBIT airlines.

JURISDICTION AND AUTHORITY

Title 14 CFR 382.61(a)(6) requires that air carriers shall require its contractors to provide training to the contractors' employees concerning travel by individuals with a disability.

Title 14 CFR 382.65 outlines complaint procedures fi"om 14 CFR Part 302, which gives jurisdiction to the Assistant General Counsel about "any violation of the economic regulatory provisions of the Statute or of the Department's rules, regulations, orders, or other requirements." 14 CFR 302.404.

STATEMENT OF FACTS

This formal complaint is submitted by employees of APS. Complainants provide assistance to passengers with disabilities by pushing their wheelchairs through the airport, transferring passengers with disabilities from their own chair to "aisle chairs" for boarding, lifting the aisle chairs and the passenger up the step into the plane, and then navigating the chair down the aisle and transferring the person into the seat, all in extremely tight spaces.

Complainants argue that, in their four (4) years of employment with APS, there has been a severe lack of training, resulting in harm to both passengers and employees.

Lack of Training on Proper and Safe Operation of a Wheelchair On or around September 2003, around the time when APS began operating at LAX TBIT, the company provided a basic training to some employees on how to operate a wheelchair. However, since then, there has been no systematic way to train employees who are expected to provide assistance to individuals with disabilities. Maddox asserts that employees with more years of experience at APS are instructed to provide on-the-spot training for newer employees.

At times, usually after a passenger had been dropped, APS management included short briefings, which took place during general meetings, on basic techniques on how to operate a wheelchair or how to move passengers with disabilities. Such briefings lasted approximately five (5) minutes. However, general meetings do not include all

Page 2 of 6 DOT Complaint - Maddox/Osorio

employees, and therefore, some employees do not benefit from the limited instruction that is provided by APS management.

These limited briefings of how to operate a wheelchair are insufficient for workers to develop proficiency in the skills and education needed to provide services to individuals with disabilities. For example, Maddox asserts that employees are not adequately trained on how to provide assistance for passengers with paralysis, quadriplegia, or paraplegia.

In addition, because the briefings do not reach all APS employees, this informal method of relaying important information at general meetings poses a serious problem because common practice at APS has been for management to bring in APS employees from other departments to help with assisting passengers with disabilities during peak times, despite not having received any training. For instance, untrained baggage handlers could be asked to operate a wheelchair without having to undergo any formal training by APS.

As a result, passengers who require wheelchair assistance are exposed to the risk of being dropped. APS employees recall that three (3) passengers have been dropped within a span of one year, as of the filing of this complaint. In one week, Maddox had to prevent two (2) untrained APS employees from dropping passengers. These employees were brought over from APS's baggage porter unit, but were expected to assist passengers with disabilities, despite having had no experience or training on how to move individuals with disabilities.

At another time, approximately eight (8) months ago, a passenger was dropped and badly hurt. The incident occurred when a new APS employee who had not been trained was taking a passenger off the remote bus. The employee pushed the passenger facing forward. He lost control of the wheelchair, causing the passenger to fall.

The insufficiency of the trainings is evident for passengers with disabilities that travel through LAX. Approximately six (6) months ago, a doctor with a disability needed assistance getting out of an APS wheelchair into his own power chair. Prior to working at APS, Maddox had received previous training on how to properly lift a person with paraplegia from a wheelchair, a skill that he did not learn from any training at APS. He used his prior knowledge to move this passenger. The doctor later commented that Maddox was the first passenger service worker he had encountered who knew how to move him properly.

Lack of Properly Maintained Equipment Complainants also allege that, in addition to the lack of training, there is a danger of dropping passengers because the condition of the equipment is unsafe. Employees report that many of the wheelchairs were in such poor condition that they are afraid to use them. Some have broken brakes and broken footrests, which can cause serious injuries to both passengers and employees.

Page 3 of 6 DOT Complaint - Maddox/Osorio

Osorio reports that she once had a passenger pitch forward and almost fall out of the wheelchair because a footrest broke off. She had to grab hold of the passenger to prevent him from falling, traumatizing both of them, and causing her to injure her shoulder.

Maddox asserts that providing assistance for passengers with paralysis requires an additional employee to hold on to the wheelchair because some of the wheelchairs have brakes that are not fiinctional. However, this can be dangerous during times when the company is short-staffed and the employees are untrained and unaware of what to do.

Lack of Training on Sensitivity to Needs of Individuals with Disabilities Complainants claim that they have not been given any training on how to assist passengers with different types of disabilities.

Osorio assists passengers who are visually impaired. While she knows that there are different ways to treat passengers with different types of disabilities, she never received any training on the specific needs of people who are visually impaired, or who have any other disabilities.

On one occasion, she followed the instructions of a passenger with visual impairment, who put his hand on her shoulder, allowing her to guide him in this maimer. While there may have been many ways to approach this, she would not have known what would be appropriate had the passenger not told her.

On another occasion, Osorio was with another APS employee who was hit by a young child passenger with a disability. The APS employees had not been instructed on how to react to this situation in a respectful and sensitive manner.

LEGAL ARGUMENT

According to 14 CFR 382.61(a)(6), each carrier "shall provide, or require its contractors to provide, training to the contractors' employees concerning travel by individuals with a disability," specifically for those employees that "deal directly with the tmveling public at airports, and it shall be tailored to the employees' functions."

Furthermore, 14 CFR 382.61 (a)(l)(ii) requires that the carrier ensure training "to proficiency concerning ... (t)he carrier's procedures ... concerning the provision of air travel to individuals with a disability, including the proper and safe operation of any equipment used to accommodate individuals with a disability."

In addition, 14 CFR 382.61(a)(5) states that all persormel required to receive training also receive a refresher training to maintain proficiency.

Complainants assert that, at best, APS employees received one full training on or around September 2003, and that new employees who assist people who use wheelchairs that began working for APS after that training took place do not receive a full training on how to properly and safely operate a wheelchair. Instead, APS management relies on more

Page 4 of 6 DOT Complaint - Maddox/Osorio

experienced employees who assist people who use wheelchairs to conduct on-the-spot, informal training for new employees, which does not provide new employees with proficiency in DOT and FAA regulations to do their work properly.

To meet the requirements of the regulations, APS is to provide appropriately tailored trainings for all employees that deal directly with the traveling public. Complainants feel that APS has not done so, but instead has used general meetings as a forum for short briefings.

These briefings have been insufficient, because not all employees who assist people who use wheelchairs attend the same general meetings when the briefings happen. Given that full and relevant trainings do not occur even when new employees are hired, these briefings are inadequate in meeting the training requirements.

The company's practice of bringing over APS employees from other departments to assist passengers with disabilities would require that all APS employees be trained on providing services to individuals with disabilities. However, as stated above, this has not happened.

In addition, APS employees are unable to properly and safely operate equipment in accordance with the regulations, because the equipment is broken and/or poorly maintained.

Finally, 14 CFR 382.61(a)(2) requires carriers and/or their contractors, as incorporated by 14 CFR 382.61(a)(6), to also train persormel who deal with the traveling public with respect to "awareness and appropriate responses to individuals with a disability, including persons with physical, sensory, mental, and emotional disabilities...."

Because not all individuals with disabilities are limited to those that require wheelchairs, and not all individuals are limited to one physical disability, training is necessary to learn how to respond appropriately to the needs of individuals with different disabilities. However, due to lack of training, APS employees have been put in situations in which they are left with only their best guesses to determine how to appropriately respond to the needs of individuals with disabilities.

REOUEST FOR RELIEF

Complainants respectfully request that the Department: 1. Require APS to work with the organizations that represent the disability rights

community to develop a training curriculum that would meet the needs of that community;

2. Recommend that APS, in addition to getting disability sensitivity training, hire its own designated "Disability Liaison," preferably an individual with a disability who can be an on-staff expert with the proper training and who can provide ongoing training to employees;

Page 5 of 6 DOT Complaint - Maddox/Osorio

4.

5.

Require that assistive technology be available upon request for use in safely assisting people without necessarily touching them; Require that APS provide all necessary and appropriate trainings as relevant to all its employees, including all who, at any given point, may be asked to provide assistance to individuals with disabilities; and Impose appropriate penalties on APS, in accordance with 14 CFR 383.2, for violations of the law.

CERTIFICATION

Complainants certify that complainants have served on Respondent APS the same day as this Complaint is being submitted to the Department of Transportation.

Page 6 of6 DOT Complaint - Maddox/Osorio

Disability Rights Legal Center Pa,,̂ D Pgariman Deputy Director Attorney at Law DRLC

Formerly Western Law Center for Disability Rights

Direct Line: 213-736-8362 E-mail: [email protected]

June 28, 2007

Office of Aviation Enforcement and Proceedings 400 Seventh Street, SW, Room 4107 Washington, DC 20590

Re: Compiaints of Tim l\/!addox, Xiomara Osorio regarding Aero Port Services ("APS")

Assisted and Supported by: Service Employees International Union, Local 1877 ("SEIU Local 1877"); Los Angeles Alliance for a New Economy ("LAANE"); American Association of People with Disabilities ("AAPD"); California Alliance for Retired Americans ("CARA"); Communities Actively Living Independent & Free - Los Angeles ("CALIF"); Community Resources for Independence - Santa Rosa, Callfomla; Disability Rights Education & Defense Fund ("DREDF"); Protection and Advocacy, Inc. ("PAI")

Dear Administrator,

The Disability Rights Legal Center writes in support of the above-referenced complainants requesting this agency to enforce the provisions of the Air Carrier's Access Act, specifically 14 CFR 382.61(a)(6) requiring that air carriers shall require its contractors to provide training to the contractors' employees concerning travel by Individuals with a disability.

The DRLC has been providing legal services to individuals with disabilities since 1975, making it the oldest cross-disability legal organization in the United States. The DRLC's mission is to promote the rights of people with disabilities and the public Interest in and awareness of those rights by providing legal and related services. It fulfills this mission by focusing on Advocacy, Problem Solving and Community through its programs: Civil Rights Litigation Project; Cancer Legal Resource Center; Education Advocacy Project; Disability Mediation Center; Options Counseling and Lawyer Referral Service; and Community Outreach Project.

The Disability Rights Legal Center is in support of the complaint brought forth by employees of Aero Port Sen/ices ("APS"), a company contracted to provide passenger services by a coalition of airlines at the Tom Bradley International Terminal ("TBIT") of

919 Albany Street, Los Angeles. CA 90015 • Telephone (213) 736-1031 • TDD (213)736-8310/8311 • Facsimile (213) 736-1428 PROTECTING THE POSSIBILITIES SINCE 1975

Founded In Memory of A. Milton MBer mm/.DISABinYRIGHTSLEGALCENTER.Ofg

DISABILITY RIGHTS LEGAL CENTER June 28, 2007 Page 2 of 3

the LAX. These employees of APS are concerned about complying with anti­discrimination laws and respecting the rights of people with disabilities. The complainants assert that they are not being given adequate training on how to operate and move passengers from a wheelchair. Briefings, when they are provided, have been insufficient for them to do a competent job in handling the passengers with disabilities. Additionally, the poor physical condition of wheelchairs provided by APS prevents these employees from safely transporting passengers even If the act of transporting the passenger is presumably carried out properly. As a result, dangerous conditions arise for both passengers and employees. Employees are further not being provided with training with regard to sensitivity and appropriate responses to passengers with disabilities.

As such, their employer should provide them the tools and training necessary to protect the safety and rights of their passengers. APS must improve the provision and adequacy of trainings for workers who are responsible for providing services to individuals with disabilities when traveling on commercial air flights because air travel is a civil right, and must not be denied to certain individuals in society simply on the basis of disability.

A nationwide study by Open Doors Organization, conducted in 2005, found that 82% of air travelers with disabilities encountered obstacles at airports, while 84% said they had problems with airlines. http://www.opendoorsnfp.ora/db2/00169/opendoorsnfp.ora/ down load/articled raft 12 18 06postversion.pdf "It is Important that we remember that these are civil rights laws,"

says Sally Conway, a Department of Justice worker who handles complaints of ADA violations at airports. "These laws say it is no longer acceptable to segregate, separate or exclude people just because they have disabilities." http://www.opendoorsnfp.ora/db2/00169/opendoorsnfp.org/ download/artlcledraft12 18 06postversion.pdf

The Disability Rights Legal Center is concerned with segregation and isolation of people with disabilities. Transportation, Including airline travel Is important element of independent living. "[AJir travel Is an essential component of many jobs in the global economy. For people with disabilities to be part of that economy, participate in the world community, and compete effectively for jobs requiring air travel, air carriers and federal oversight officials must ensure that their right to travel with appropriate accommodations is taken seriously and honored. Unfortunately, the National Council on Disability (NCD) has found that although things have improved since ACAA was passed in 1986, people with disabilities continue to encounter frequent, significant violations of the statute and regulations. When they complain, they encounter an enforcement effort that is both inconsistent and limited in scope. The ACAA is a rights law, but it has been largely implemented with the consistency of a customer service policy. NCD urges the President, Congress, the federal enforcement agencies, and covered entities to wori< together to address the inadequacies described in this report and the three reports to follow. For laws like ACAA to achieve the desired effect, they must be taken seriously

DISABILITY RIGHTS LEGAL CENTER June 28, 2007 Page 3 of 3

and owned by government and industry. The ultimate test of any civil rights law Is the extent to which people in the protected class can count on the law for real protection." MARCA BRISTO, ENFORCING THE CIVIL RIGHTS OF AIR TRAVELERS WITH DISABILITIES: RECOMMENDATIONS FOR THE DEPARTMENT OF TRANSPORTATION AND CONGRESS—LETTER OF TRANSMITTAL (1999), http://www.ncd.g0v/newsroom/publicatlons/l999/acaa.htm#11

We urge the agency to take all appropriate steps to enforce the ACAA and support Mr. Maddox and Ms. Osorio to ensure that APS provides the training and equipment to ensure appropriate service to passengers with disabilities traveling by air.

Respectfully submitted,

DISABILITY RIGHTS LEGAL CENTER

( /

^A_

Paula D. Peariman Deputy Director

%%%

aero port services

November 19, 2007

Mr. Mike Spollen United States Department of Transportation Aviation Consumer Protection Division Office of Aviation Enforcement and Proceedings

This report is to provide an update and response to the Complaint filed with the Department of Transportation with regard to wheelchair service provided by Aero Port ServicesC'APS") at Tom Bradley International Terminal.

1. Safety Performances and Procedure

APS has provided wheelchair assistance to disabled travelers at Los Angeles International Airport since September of 2003. During three and one half years, APS has assisted over 550,000 air travel passengers. During that time, we are aware of only two minor incidents and both were resolved without need of any litigation. We have received hundreds of unsolicited letters complimenting our wheelchair assistance which reveal the quality of service we provide. Our supervisors will ensure that all our wheelchair agents comply with all safety requirements at all times.

2. Equipment Maintenance

Since APS were chosen to provide wheelchair service in 2003, APS has purchased 75 new wheelchairs plus another 40 new wheelchairs early this month. We always have inspected and maintained all of our wheelchairs.

3. Training Procedure

In the Complaint filed with the Department of Transportation it is alleged that APS has violated 14 CFR §382.61 and CFR §382.65. However, CFR §382.3 (c) states "this part does not apply to foreign air carriers...." Nevertheless, APS has always provided appropriate training for our wheelchair agents. We have a mandatory On -Job Training (OJT) when a new agent is hired, where newly hired persons will leam basics and agents will be provided with hands on training from our supervisors and lead agent. In past, we have hired registered nurses to demonstrate how to assist disabled passengers and provide customer services training for our agents. South Bay Business and Career Center trains our agents with customer service success skills to provide professional customer services. It is mandatory that each agent be trained yearly.

Since the Department of Transportation has very limited training material regarding the assistance of disabled passengers, we are currently working with Lawrence Rolon, ADA coordinator for LAWA and Mitch Pomerantz, ADA Compliance Officer to City for the Los Angeles to put together a standard training material for all airlines and also airport operators like APS.

APS has always provided the highest quality of services in the industry. Nevertheless, we are constantly enduring to improve ourselves.

Sincerely yours.

Stephan S. Park Director of Legal Department Aero Port Services, Inc 216 W. Florence Avenue Inglewood, CA 90301 (310) 261-8230 office (310) 261-8231 facsimile

Frank A. Clark Executive Director

August 17,2007

Councilwoman Janice Hahn City Hall 200 N. Spring Street Los Angeles CA. 90012

Dear Councilwoman Hahn:

Thank you for your recent letter expressing concern regarding the performance related to one of the companies that provide services to the international airlines that are tenants of the Tom Bradley Terminal (TBIT.) LAXTEC, on behalf of our member airlines, coordinates the selection process and oversight of contractor performance with many of the companies that serve the TBIT airlines, although the contractual relationship is directly between the service provider and the various airlines. Of paramount importance to our member airlines are three critical performance factors, safety, customer awareness, and training in specialized job knowledge. In addition, the airlines expect each of their business partners to be responsible corporate citizens in meeting or exceeding City ordinances, and providing the proper work environment for their employees.

We share your concerns regarding recent allegations that had been made regarding the performance of Aero Port Services (APS.) In that regard, LAXTEC staff recently conducted a thorough and exhaustive audit of APS performance since the inception of their contract in October, 2003. Areas reviewed included safety performance and reporting systems, customer service training, specialized training as prescribed by the ADA in providing wheelchair assistance, maintenance records for all equipment, and a program for the periodic replacement of wheelchairs. On a positive note, four of the five areas reviewed reflected performance that met or exceeded performance requirements and customer expectations. This is supported by both airline and customer surveys and letters. In the area of safety, since the start of this contract APS has provided wheelchair service to over 580,000 passengers with only two incidents, both of which involved extenuating circumstances for an incident rate of .00034%. Our goal is zero, and to that objective APS understands the need for zero tolerance in this area. Training is the one area that requires improvement and APS has committed to complete an ADA complaint training program for all employees that provide wheelchair service by the end of August. In addition, APS has in the past, and will continue to work closely with Lawrence Rolon, LAWA Coordinator for Disabled Services.

The second area of concern that you mised addresses employee relations, employee retention and working conditions. APS has demonstrated, as required by their license permit with LAWA to adhere to all City living wage ordinances. At the same time we

380 World Way Box S-18 Los Angeles, CA 90045 Tel: 310/646-3562 Fax: 310/646-2981

share your objective that employees should have the opportunity to chose union representation if they desire. In this regard LAXTEC has facilitated a number of meetings between the SEIU and APS management in an effort to reach terms regarding a neutrality card check agreement that is satisfactory to both parties. Although these discussions have proven to be challenging, another meeting is scheduled and we remain cautiously optimistic that a resolution can be achieved.

In summary, our member airlines place a high priority on safety, customer satisfaction, and corporate good standing. LAXTEC and the international airlmes monitor and measure the performance of our service partners to meet these objectives. Highlighting the recent issues related to APS has been a beneficial experience indicating certain areas where they have performed well, and other areas where improvement is required. As noted above we have provided APS with a copy of ovir audit, our specific recommendations, and we will follow-up at periodic intervals to check on the implementation of our recommendations.

We thank you for your letter and interest in this matter. If any further questions or concerns exist please let us know and we will do all possible to provide the requested information.

Smperely smperely X^

CC: Mayor Villaraigosa Councilman Bill Rosendahl Gina Marie Lindsey, Executive Director LAWA Board of Airport Conunissioners Brian Rudiger - SEIU APS - Robert Yim

advancing intarnatlonaJ aviation at LAX

Joseph G. McGlynn

July 27, 2007

Mr. Robert Yim Vice President Aero Port Services 216 W. Florence Avenue Inglewood, CA 90301

Re: Wheelchair Service Audit

Dear Mr. Yim:

The attached report reflects the physical audit conducted on July 24, 2007 at the General Offices of Aero Port Services (APS), Inglewood, California. The audit was performed by Mike Paletta and me using the attached format and involved interviews with APS representatives. Areas addressed in the survey form are supported by copies of related materials. In most cases, the presented materials represent a sampling of a much larger number of forms and reports presented.

Performance criteria were contained in the original RFP and in the wheelchair contract with APS. Specifically, the audit focused on safety, training (security, general customer service, ADA assistance) maintenance of equipment, and equipment replacement.

The company's office and staff appeared organized. Staff was able to present supporting documents immediately upon request. Questions were responded to appropriately and confidently, demonstrating, in this audit team's opinion, a significant level of job awareness. With regard to passenger safety, the company demonstrated a .00034% injury rate having encountered only two notable injuries over the course of transporting more than 580,0(K) customers. Equipment suitability is evaluated at a number of levels from agent sign-out of their assigned chair to the major overhaul and ultimate replacement of chairs as necessary. Since the beginning of the contract, 90% of the chairs have been replaced with new equipment. Training, while inconsistent, did encompass a combination of classroom and on-the-job exposures. Just weeks prior to this audit, the

Los Angeles International Airport - Tom Bradley International Terminal 380 Worldway, Box 5-18

Los Angeles, California 90045

(O) 310-646-2980 l (F) 310-646-2981

company committed to and is in process of training 100% of its staff in the DOT/ADA's Model Training Program by the end of August 2007. As of this writing, 70% of the company's employees have completed the training. Customer service training is achieved by a combination of OJT, third pzirty classroom training, and customer service awareness programs. One hundred percent of APS's wheelchair employees have undergone the FAA's Airport Security Training Program encompassing FAR 107.25 with emphasis on individual security responsibilities and obligations. Additionally, at the conclusion of training, each employee takes a written test to demonstrate his/her security knowledge and understanding of aiiport employees' security responsibilities. Tests, test results, and evidence of training are maintained in each individual's personnel files.

While not perfect, APS has and is providing the appropriate level of service for which the TBIT airlines have contracted. Additionally, the company exhibits a willingness to improve in our recommended areas. This is especially important in the area of training, where it is suggested that all areas of training be more consistently provided and its completion more uniformly documented. Additional recommendations have been provided in the attached report. Follow-up reviews will take place at approximately 90 and 180 day intervals to determine the status and success of your action plans as they relate to the recommendations contained in this audit.

In summary, it is the opinion of both auditors that the company makes significant efforts to adhere to acceptable levels of safety, equipment maintenance, training, and overall customer service and delivery.

Sincerely,

Joe McGlynn Mike Paletta Manager Plaiming and Programs Manager Business

Administration and Finance

Cc: Mr. Frank Clark, Executive Director LAXTEC TBIT Airlines

Los Angeles International Airport - Tom Bradley International Terminal 380 Worldway, Box S-18

Los Angeles, California 90045

(O) 310-646-2980 I (F) 310-646-2981


Recommended