July 29, 2024
Dear Spirit AMTs:
Today, with the assistance of AMFA, a fellow Spirit Aircraft Maintenance Technician (AMT) is filing a formal complaint with the Occupational Safety and Health Administration (OSHA) pursuant to the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR 21”), 49 U.S.C. § 42121.
The complaint alleges that Spirit Airlines took adverse action against the AMT, including removing him from a scheduled overtime shift, in retaliation for having reported maintenance discrepancies in accordance with the applicable maintenance manual.
We take this step with some reluctance, and only after having tried for over a month to resolve the issue directly with Spirit; however, our determination to proceed is dictated both by the welfare of our members and the safety of the traveling public.
AIR 21 makes it illegal for an airline employer to take any adverse action against an AMT who reports compliance issues to the Company or the Federal Aviation Administration (FAA). Prohibited retaliation includes any of the following: discipline; blacklisting; demotion; denying overtime or promotion; denying benefits; failure to hire or rehire; intimidation; reassignment affecting promotion prospects; reduction of pay or hours; and written warnings in certain circumstances.
If the federal government determines that the employer has violated AIR 21, it is empowered under the law to mandate reinstatement, back pay for lost wages, compensatory damages, and litigation costs, including attorney fees.
You have both an obligation and a right under federal law to perform your work in accordance with applicable maintenance manuals. FAA Part 14 CFR § 121.701 Maintenance log: Aircraft. (a) Each person who takes action in the case of a reported or observed failure or malfunction of an airframe, engine, propeller, or appliance that is critical to the safety of flight shall make, or have made, a record of that action in the airplane's maintenance log. The action filed today is for the purpose of protecting that right.
Sincerely,
Bret Oestreich
National President
