Airline fee backfires: skycaps win in Massachusetts court

When American Airlines started to charge a $2 fee for curbside baggage check-in, the skycaps lost their tips. Passengers were accustomed to paying $2 or so, it seems, and weren’t going to amp up the cash flow just because the money was going into a different pocket. So, nine Logan Airport skycaps – current and former – just came into $325,000, thanks to the Massachusetts Supreme Judicial Court, which ruled based on a law intended to protect wages and tips.

American Airlines tried to get by on a technicality, saying eight of the nine skycaps were subcontractors (working for G2 Secure Staff) and thus weren’t protected. The court disagreed, favoring broader protection. But, it isn’t over yet. American Airlines, according to a report in USA Today, is evaluating “all of its legal options.”

American Airlines flight attendant accused of racist remark

Dudu Nobre, a Brazilian singer, has filed a lawsuit against American Airlines. He, his wife and producer are looking for $4 million in damages, claiming that flight attendants used racial slurs when talking to him and that they stabbed his producer with a sharp pen. So, the next time you’re wondering what could make the long flight from Sao Paulo to New York worse, in a world where amenities and seat space are declining seemingly daily, Nobre is equipped to let you know.

One flight attendant is said to have called Nobre a monkey repeatedly in Portuguese during the flight – pushing it further by making monkey-like sounds. Apparently, these sounds are the closest thing to comment, as American Airlines is remaining tight-lipped.

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Pilot sues flight attendants over safety

Three Phoenix-based flight attendants are in the unusual position of defending themselves from pilot-instigated litigation. Of course, they deserve it. I mean, what would you do when people responsible for passenger safety report safety concerns to federal regulators? Either you can fix a problem or you can sue. Since the pilot is obviously a proud American, he chose the latter course. And, he’s now proving his patriotism by messing with the media.

America West Flight 851 was about to leave Calgary, Alberta back in 2003. The flight attendants were worried about frost on the wings, but the pilots saw no need to de-ice before take-off. Eventually, the guys at the front of the plane gave in, but the flight attendants were worried enough by the incident to report it to the Federal Aviation Administration (FAA). Looking back on the crash in Buffalo a little over a week ago, this looks like a decent idea.

First Officer Ed Gannon didn’t see it that way, even after he was cleared by the FAA (which offered to pick up the tab for some of his legal fees).

Now, I am somewhat sympathetic to Gannon (sorry, Heather). I’m not plane-savvy enough to know if the FAs had a good point or if they were intruding on the pilot’s turf. Even though the FAA cleared the guy, he still had his life at least inconvenienced by the flight attendants. And, let’s be realistic. Being sued is not something you can just brush off.

Assume you feel you’ve done nothing wrong, and you have to spend thousands of dollars to make that point. Yeah, you’d be pissed. You’d want a bit of payback.
If Gannon wanted to make a point, filing the suit was enough. The fact that the judge tossed out some of his arguments (including “infliction of emotional distress”) suggests that he shouldn’t push too hard (the defamation bit is still in play). Instead, however, he’s upping the ante.

The seemingly wronged pilot has subpoenaed reporters’ notes from the Phoenix New Times, not to mention any documents supplied by the flight attendants who are being sued. Gannon has also gone after the FAs’ blog, hunting for information about the people who have posted comments on the site.

Imagine getting a call from a lawyer because you posted a comment on this story … scary, isn’t it?

Gannon’s made his point. It’s time for him to put all this in the past (hell, it happened six years ago). If you feel strongly about this, consider a contribution to the FAs’ legal defense fund.

Check out these other stories from the airport checkpoint!

Lawsuit leaves airline feeling blue

Bill Baker was mad. This crotchety blogger was so pissed at JetBlue that he took the airline to small claims court. On January 16, 2009, victory was sweet, to the tune of $494. The money, he says, will be donated to charity.

Clearly, one lone nut blogger can make a difference.

JetBlue delayed Baker’s red-eye flight from Portland, OR to New York for five hours, before announcing the cancellation of the flight. The passengers were offered flights out three days later. Meals, accommodations and earlier flights were not offered. So, Baker took JetBlue to Connecticut small claims court. He asked for damages of $722.50 (per his blog, $687.50 per the court record). The airline apparently took the lawsuit seriously, actually sending a representative to the hearing. This was not enough, however, to sway the events to JetBlue’s favor.

The airline has developed something of a reputation for canceling flights and pushing passengers days into the future. When I went to the Ritz-Carlton Golf Resort, JetBlue canceled my flight and simply said that I wouldn’t be able to get into JFK for another two days. I pushed, asking about the many other airports in the New York area – small spots, like LaGuardia and Newark. Finally, I got them to put me on a flight for the next day. Like Baker, JetBlue offered nothing to make my trip easier.

I just sent a letter to JetBlue, which garnered a very weak response from the airline. Baker aimed high, and it worked.Litigation was not his first choice. In fact, he offered to let JetBlue donate the $722.50 for which he was suing to the ASPCA or the Humane Society of America. The airline did not respond to his offer. They did offer some vouchers as compensation, which he refused to use. But, the judge seemed to consider them in his final award, as they account for the difference between the damages requested and those rewarded.

I guess the moral of this story is that airlines should realize that even the smallest complaint can snowball. I found out about Bill Baker’s story on his blog, which was linked to his Twitter account, went to his blog and was entranced. That’s all it takes, sometimes, for one company’s bad news to gain a hell of a lot of attention. One person cruising a series of links at the right time can turn a small story into a big one.

For travelers, the message is that we need to continue to talk to each other. Start your own blogs. Use sites like Twitter. As we saw earlier this week, with the use of the Hudson River as a runway, citizen journalism has become a powerful force. Let everyone know about the best and worst you see on the road. We’re all in this together. Also, the airlines and hotels are starting to pay attention. One tough tweet will be noticed.

And, Baker leaves us with his battle cry, “Ask not how airlines can screw you; Ask how you can screw the airlines back!”

Read about Bill Baker’s lawsuit against JetBlue >>

View the official results of the Connecticut Small Claims Court >>

Learn about blogging, microblogging and travel >>

Read about a suit against Easyjet in Europe >>

Start your own airline lawsuit >>

[Thanks, Bill]