Open Letter to Spirit Airlines c/o CEO B. Baldanza

Nov. 18 2009

President Spirit Air Lines

President and CEO: B. Ben Baldanza

2800 Executive Way
Miramar, FL 33025

Without Prejudice

An open letter to Spirit Airlines and the owners thereof;

Dear President Baldanza

Please allow me to introduce myself, my name is Wesley Sampson and I am past employee of Air Jamaica and a past president of the Jamaica Airline Pilots Association. (JALPA)

My purpose in writing is to advise  yourself and the owners of Spirit Airlines in your bid to acquire Air Jamaica as published in the Jamaica Gleaner on JULY 4 2009  and as represented in current local talk radio WAVS1170AM in Miramar, that you may please take note of the following; 

As a fellow United States Citizen I have had all due process denied me, and my Human and Civil rights violated by Air Jamaica, the Jamaican Government and the High Courts of Jamaica and pursuant to The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR). All covenants to which our countries are all cognizant, please note the following;

I have had my life threatened and was fired by Air Jamaica, after voicing concerns while serving as President of  JALPA, for the air safety of the international travelling public, for which I have and continue to be victimized over the past 23 years.  Information may be found on the website; www.maydayairjamaica.com

I refer to your good offices as CEO and as guided by the following corporate responsibilities and recommendations by the US Congress to please note the following efforts of the International community quoted below;

III. International Law: Workers' Human Rights, Government Obligations, and Corporate Responsibility

Over the past fifty years, a comprehensive body of international law has developed affirming a range of rights to which all workers are entitled.

In some instances, employers' treatment of workers violates international human rights standards as well as U.S. law reflecting those standards. Ineffective enforcement by U.S. labor law authorities compounds the violations by failing to remedy the abuses. In other cases, U.S. law itself fails to meet international norms. The U.S. Congress should reform federal law to bring it into compliance with international norms. Even in the absence of appropriate federal law, however, employers and government agencies are still obligated under international human rights law to comply with international standards.

Human rights obligations under international law extend beyond governments to private corporations in positions of power over workers and communities. Corporations have a duty to avoid complicity in human rights violations or to take advantage from human rights violations. Moreover, where governments fail to adopt and enforce laws to halt violations, corporations that benefit from the failure of governmental action are complicit in human rights violations. A company's obligation, then, is two-fold: not to itself violate workers' rights, and not to exploit the failure of government to protect workers' rights.

As the United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (Norms) notes, governments have primary responsibility for "ensuring that transnational corporations and other business enterprises respect human rights."  Nevertheless, corporations are not free to violate rights until a government stops them. The United Nations Norms affirm that:

·         Corporations have the obligation to promote, secure the fulfillment of, respect, ensure respect of, and protect human rights recognized in international as well as national law.  Unquote.

As  such please be advised that Spirit  as a Corporate US citizen and it’s owners, in such an acquisition would be further perpetrating the ongoing violation of my Human and civil rights as a United States Citizen for defending their rights as US citizens to safe skies while travelling into the Caribbean and Jamaica.

In addition please consider the effects of your proposed acquisition of Air Jamaica on our children.

The United Nations measure of poverty considers also the percentage of population suffering from undernourishment, as measured on the Human Development Index.  The following data is for 2009.

TOP10 poorest countries by HDI (according to the UN 2009):

1.-Haiti: 0.532

2.-Nicaragua: 0.699

3.-Guatemala: 0.703

4.-Bolivia: 0.729

5.-Guyana: 0.729

6.-Honduras: 0.732

7.-El Salvador: 0.747

8.-Paraguay: 0.761

9.-Jamaica: 0.766

10.-Suriname: 0.769

As such, Jamaica is among the 10 most malnourished countries in the world.

Air Jamaica is the only major net foreign exchange earner which our government owns, to place this last remaining resource into the hands totally of private capital is to take food off the plate of our already thousands of malnourished children and to push our children towards Haiti’s HDI, the poorest nation in the hemisphere.

 In the event of a major disaster Air Jamaica could be the critical strategic reserve that makes the difference between life and death for our people, as other carriers would have other concerns.  Your insurance restrictions do not allow you the flexibility of attending to our needs as a flag carrier of a small struggling nation in a regional crisis.  Our government before has had to commander the aircraft for regional military use, these circumstances could reoccur.

Please consider that the employees are ready willing and able to purchase the carrier and would not be averse to examining your needs on the specific route in which you are interested.  In the event you have withdrawn your offer and in the Spirit of cooperation with the people and employees of Air Jamaica , could you please assist us and indicate the dollar value of the evaluation of Air Jamaica used in your offer to the divestment committee. 

Unfortunately after 23 years of ongoing victimization and unanswered appeals to Air Jamaica and the government of Jamaica, I am now forced to exercise my right to peacefully assemble and picket their operations.

In the economic interest then of yourself and other carriers who operate into Jamaica  this letter also serves to notify such carriers, tour operators and the travelling public of the state of the industry in Jamaica.

Sincerely,

Wesley Sampson

US Citizen

Email; admin@maydayairjamaica.com

cc;  Prime Minister Jamaica

       US Rep Wasserman Schultz

       US Government Accountability Office International Affairs and Trade

       Amnesty International USA

       OHCHR Commission for Human Rights

       International Monetary Fund

       Oakwood Capital.



OPEN LETTER TO SPIRIT AIRLINES RE AMERICAN AIRLINES 331 CRASH IN JAMAICA 

Dec 29. 09

President Spirit Air Lines

President and CEO: B. Ben Baldanza

2800 Executive Way
Miramar, FL 33025

Without Prejudice

An open letter to Spirit Airlines and American Airlines;

Dear President Baldanza

On Nov 19 09, I wrote to you in an open letter re; the reported bid by Spirit Airlines to purchase Air Jamaica.

In this letter I informed you of the state of the industry and indicating that as it related to matters of Air Safety all was not well in Jamaica.

It is now with deep regret over what could possibly have been avoided, had I copied American Airlines, and availed them of the circumstances in Jamaica, and the ongoing potential for an aircraft accident to become a major disaster that I am again obliged to address your office.  As such, and as a result of the accident on 12-22-09, please note the following enclosure and we will copy your counterpart at American Airlines.

The Jamaican government to include the Civil Aviation Department, and Air Jamaica, has and remains negligent in not ensuring the provision of proper airport equipment and the emergency facilities required which is standard in the industry.  This was clearly demonstrated in the aftermath of the crash landing of AA331.

The Jamaican government, The Civil Aviation Department and Air Jamaica were all along aware that proper maintenance, monitoring and corrective action at the two international airports has always been compromised.  It has been the input of corrupt politicians, whereby employees fear for their lives and jobs if unsafe conditions are addressed, and they try to implement international safety standards to which operators like your selves expect and are entitled to.

We note where the FAA had previously downgraded the islands airports, which although reinstated, clearly remains questionable where emergency equipment and facilities are concerned.

It is not reasonable to assume that an experienced flight crew trained to the high safety standards of American Airlines simply flew into Jamaica and crashed during routine operations in a rain shower.  As president and because of pilot fatigue on westbound flights from Europe into Jamaica coupled with local airport concerns, I had requested that a low level wind shear alert system be installed at our airports.  In addition we have, on several occasions, requested that a stop way be constructed at the end of RWY 12, and precisely because of the ditch effect of the road and the potential for aircraft break up.

We have experienced an instance where Air Jamaica aircraft returning to Kingston to land after a failed engine on departure to Miami, declared an emergency and requested that emergency equipment be on standby for landing at the estimated landing time.  In that case the ambulances showed up over an hour after the passengers were safely disembarked.

 We have had an instance where a passenger choked while eating a meal on the ground at the gate on board the aircraft.  First aid was administered; the crew called for medical assistance, there was no nurse on the airport.  The passenger died.  Most recently press reports state where police in Jamaica said that there were no stretchers available at the scene of the American Airlines crash landing past Tuesday.

Air Jamaica crew have become accustomed to operating in this locally compromised  atmosphere at their home base, and for love of country and duty continue, while being unable to address these failed standards.  Please understand their limitations.

However there is no need for foreign carriers to expose themselves and their passengers to this strong potential for catastrophic disaster including loss of life.

As such we are pleading with you and American Airlines to await the full report of the NTSB and the FAA prior to dispatching any flights into Jamaica under inclement weather and not use our airports as alternate facilities until you have sent in your own teams to verify compliance and adequate emergency response and airport facilities.

Accordingly we have advised the travelling public to be circumspect and avoid using foreign carriers into Jamaica as requested above for the safety of your passengers and crew.

Best regards,

Wesley Sampson  email admin@maydayairjamaica.com

cc;  American Airlines, Prime Minister Jamaica; FAA, NTSB, APA et al.