August 25, 2014
DOT Has Multiple Legal Paths to Deny NAI; Now Must Act
U.S.-EU Air Transport Agreement Intended to Benefit All, Including Labor
WASHINGTON––In a joint reply to Norwegian Air International’s (NAI) comments filed today, the Air Line Pilots Association, Int’l (ALPA), the Transportation Trades Department of the AFL-CIO, and the European Cockpit Association called for the U.S. Department of Transportation (DOT) to deny NAI’s request for exemption authority. The coalition is also asking the DOT to issue a show cause order to make clear its intention to reject NAI’s request for a foreign air carrier permit that would allow it to serve U.S. markets on a permanent basis.
“The bottom line is clear—Norwegian Air International’s requests for operating authorizations to fly to the United States are not in the public interest,” said Capt. Lee Moak, ALPA’s president. “The Department of Transportation must exercise its authority under the U.S.-EU Air Transport Agreement and aviation statutes and deny NAI’s applications.”
The joint filing addresses NAI’s request for the foreign air carrier permit as well as for an exemption, which a carrier may apply for to cover the time during which its permit application is pending. ALPA’s filing underscores that the DOT has a legal basis for rejecting NAI’s request under the aviation statutes.
The filing also points out that Article 17 bis of the U.S.-EU Air Transport Agreement can constitute sufficient reason to reject a request for a foreign air carrier permit application or an exemption. Even if Article 17 bis is not used, the DOT has a basis for denying NAI’s request under the aviation statutes.
NAI has established itself as an Irish airline in order to avoid Norway’s employment laws and to be able to “rent” its pilots through a Singapore employment company. The pilots, who the company says are based in Thailand, work under individual employment contracts that contain compensation and benefits substantially below that of the Norway-based pilots who fly for NAI’s parent company.
An outpouring of opposition has emerged from both parties in the U.S. Congress as well as the former U.S. Ambassador to the International Civil Aviation Organization. The Air Crew Working Group of the Sectoral Dialogue Committee, which is recognized by the European Commission as the joint labor-management body that addresses labor issues in the airline sector in the EU, has submitted comments to the DOT opposing NAI. European airlines including Lufthansa, Air France, KLM, and Scandinavian Airlines and U.S. airlines such as Delta, United and American have also opposed NAI’s application.
“As the Labor Day holiday approaches, the intention and spirit of the U.S.-EU Air Transport Agreement is more important than ever––to provide benefits for everyone, including U.S. airline workers,” concluded Capt. Moak. “Because approval of NAI is not in the public interest, the DOT must stand up for U.S. aviation workers and exercise its authority to deny NAI’s applications.”
Det som følger under er omtrent likelydende med det ALPA Intl. presenterer over.
Time for U.S. DOT to Reject NAI Scheme
Tuesday, August 26, 2014
Washington DC – Today, Edward Wytkind, president of the Transportation Trades Department, AFL-CIO (TTD), issued the following statement regarding two separate reply comments submitted by TTD jointly with the Air Line Pilots Association and the European Cockpit Association, and with the Association of Flight Attendants-CWA, the International Association of Machinists and Aerospace Workers, and the Transport Workers Union of America, to the U.S. Department of Transportation (DOT) regarding Norwegian Air International’s (NAI) bid for an exemption and foreign air carrier permit:
“The comments filed by Norwegian Air International (NAI) last week reveal an airline company that believes there are two sets of aviation trade rules and laws: one set that applies to NAI and a second set that applies to all other air carriers wishing to compete in the trans-Atlantic marketplace. And given NAI’s desire to expand business to several U.S. cities, its comments are breathtaking in their disregard for the health of the American economy and the rights of aviation employees in America.
“The facts are stubborn in this proceeding. Article 17 bis of the U.S.-EU Open Skies Agreement was designed to protect high labor standards while opening aviation markets. In its comments to DOT, NAI has not even attempted to deny that its proposed business model would undermine labor standards. We suspect that it would be impossible to argue that NAI’s use of Thailand- based flight crews under Singaporean employment contracts does not undermine labor standards in the U.S. and Europe. Instead, NAI has stooped to side-stepping the issue entirely by issuing a brand new, never-before-seen interpretation of the U.S.-EU Open Skies agreement that says that Article 17 bis, and the benefits it confers, simply doesn’t apply in this situation.
“Even worse, NAI is relying on a former State Department official who originally argued in favor of the labor provisions within Article 17 bis when it was negotiated in 2010. This official now claims, in a formal joint declaration with a counterpart from the European Commission, that Article 17 bis was not intended to ‘provide a legal basis for unilaterally denying an application’ – which is news to those of us who originally supported the Article’s addition to the agreement. Conveniently, this former government official has undergone this change of heart while employed as a registered lobbyist and paid advocate for NAI. Clearly, the joint declaration should be viewed by our government as propaganda for a client.
“DOT’s decision represents a crossroads for the trans-Atlantic airline industry and for good airline jobs in the U.S. and Europe. The DOT must choose the right path and deny NAI’s bid.”
“The comments filed by Norwegian Air International (NAI) last week reveal an airline company that believes there are two sets of aviation trade rules and laws: one set that applies to NAI and a second set that applies to all other air carriers wishing to compete in the trans-Atlantic marketplace. And given NAI’s desire to expand business to several U.S. cities, its comments are breathtaking in their disregard for the health of the American economy and the rights of aviation employees in America.
“The facts are stubborn in this proceeding. Article 17 bis of the U.S.-EU Open Skies Agreement was designed to protect high labor standards while opening aviation markets. In its comments to DOT, NAI has not even attempted to deny that its proposed business model would undermine labor standards. We suspect that it would be impossible to argue that NAI’s use of Thailand- based flight crews under Singaporean employment contracts does not undermine labor standards in the U.S. and Europe. Instead, NAI has stooped to side-stepping the issue entirely by issuing a brand new, never-before-seen interpretation of the U.S.-EU Open Skies agreement that says that Article 17 bis, and the benefits it confers, simply doesn’t apply in this situation.
“Even worse, NAI is relying on a former State Department official who originally argued in favor of the labor provisions within Article 17 bis when it was negotiated in 2010. This official now claims, in a formal joint declaration with a counterpart from the European Commission, that Article 17 bis was not intended to ‘provide a legal basis for unilaterally denying an application’ – which is news to those of us who originally supported the Article’s addition to the agreement. Conveniently, this former government official has undergone this change of heart while employed as a registered lobbyist and paid advocate for NAI. Clearly, the joint declaration should be viewed by our government as propaganda for a client.
“DOT’s decision represents a crossroads for the trans-Atlantic airline industry and for good airline jobs in the U.S. and Europe. The DOT must choose the right path and deny NAI’s bid.”
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