BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

)

Application of )

) Docket No. OST-2013-0204

NORWEGIAN AIR INTERNATIONAL )

LIMITED )

)

for an exemption under 49 U.S.C. § 40109 )

and a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 (US-EU Open Skies) )

)

JOINT SUBMISSION OF

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’S

AUGUST 4 NOTICE

The Association of Flight Attendants-CWA (AFA) is a labor union that represents 60,000 flight 

attendants at 19 airlines. The International Association of Machinists and Aerospace Workers 

(IAM) is a labor union representing workers at 17 airlines and 720,000 members across an array 

of industries. The Transport Workers Union of America (TWU) represents over 200,000 

workers and retirees, including employees at 24 airlines. 

The AFA, IAM and TWU submit this joint statement to articulate our unions’ shared opposition 

to the application of Norwegian Air International (NAI) for a foreign air carrier permit and 

exemption (Docket: DOT-OST-2013-0204). We call on the U.S. Department of Transportation 

(DOT) to deny NAI’s application for an exemption so that the proper evaluation and adjudication 

processes can be completed. 

On August 18, 2014, the European Transport Workers' Federation (ETF) and the Transportation 

Trades Department, AFL-CIO (TTD), submitted comments to this docket in opposition to the 

NAI application. AFA, IAM and TWU are affiliated members of the Transportation Trades 

Department and we associate our unions with the statement submitted by ETF and TTD. 

Article 17 bis of the U.S.-E.U. Air Transport Agreement (ATA), which covers labor protections, 

is central to the debate over NAI’s application and to any future implementation of the U.S.-E.U.

ATA. Article 17 bis was adopted as part of the Second Stage negotiations which concluded in 
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2010, and states that “the opportunities created by the Agreement are not intended to undermine 

labour standards or the labour-related rights and principles contained in the Parties’ respective 

laws.” NAI has taken advantage of an opportunity created by the ATA by establishing itself in 

Ireland, something that, as a Norwegian-owned company, it could not do but for the ATA. We 

believe that the evidence and arguments surrounding NAI’s application show that the application 

would in fact undermine labor standards and labor-related rights, and is therefore in violation of 

Article 17 bis. 

As air transport agreements become more complex and interconnected, strong labor provisions 

such as Article 17 bis will become increasingly critical – as will the effective enforcement of 

these provisions. The U.S. aviation industry is a pillar of our economy and an important middle 

class job creator. Bilateral air transport agreements have enjoyed wide support in this country 

because they have successfully fostered increased competition while providing greater 

opportunities for U.S. airlines and their workers. This success is dependent on the 

implementation and enforcement of agreements that promote balanced competition and business 

practices that encourage growth and high labor standards. 

The treatment of this important labor protection article is central to the debate over NAI’s 

application and to the continued successful implementation of the U.S.-E.U. ATA. We are far 

from alone in our opposition. Other stakeholders, including U.S. and European air carriers and 

labor groups on both sides of the Atlantic, have called for the strong enforcement of this 

important provision. In June, the U.S. House of Representatives unanimously approved an 

amendment to the FY 2015 Transportation, Housing and Urban Development Appropriations 

Act which stated that no funds shall be used to grant a foreign air carrier application that violates 

Article 17 bis. 

We ask that DOT take the appropriate steps to fully enforce Article 17 bis by denying NAI’s 

application for an air carrier permit. We also ask that DOT deny NAI’s application for an 

exemption so that the formal consultation and adjudication process can proceed uninhibited. 

Thank you for your consideration. 

Sara Nelson Sito Pantoja

President General Vice President

Association of Flight Attendants-CWA International Association of Machinists and

Aerospace Workers

Harry Lombardo 

President 

Transport Workers Union of America
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CERTIFICATE OF SERVICE

We certify that we have, on this 18th day of August, 2014, served the foregoing document on the 

persons identified below by causing a copy to be sent by electronic mail: 

Reese.Davidson@dot.gov; 

steve.morrissey@united.com; 

Thomas.bolling@united.com;

dan.weiss@united.com;

hershel.kamen@united.com;

sascha.vanderbellen@delta.com;

chris.walker@delta.com;

Andrea.Newman@delta.com;

mlbenge@zsrlaw.com;

rpommer@atlasair.com;

russell.bailey@alpa.org;

\david.semanchik@alpa.org;

jonathan.cohen@alpa.org;

robert.wirick@aa.com;

francis.heil@aa.com;

michael.wascom@aa.com;

howard.kass@aa.com;

jesse.elliot@faa.gov;

douglas.schwab@faa.gov;

nicholas.tsokris@faa.gov;

john.y.chen@faa.gov;

anita.mosner@hklaw.com;

jennifer.nowak@hklaw.com;

nssparks@fedex.com;

gbleopard@fedex.com;

pvs@eurocockpit.be

cc@eurocockpit.be

romanow@pillsburylaw.com;

jennifer.trock@pillsburylaw.com;

peter.nelson@pillsburylaw.com;

Melinda.hernandez@pillsbury.com;

dberg@airlines.org;

jcasey@airlines.org;

kglatz@airlines.org;

CBethke@airlines.org;

edw@ttd.org;

ejames@jamhoff.com;

info@airlineinfo.com;

clytle@portoakland.com;

kgeorge@broward.org;

mrichardson@swapa.org;
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sshur@traveltech.org;

michael.whitaker@faa.gov;

ottar.ostnes@sd.dep.no;

david.batchelor@sesarju.eu;

felix.leinemann@eeas.europa.eu;

matthew.baldwin@ec.europa.eu;

john.hanlon@elfaa.com;

dhainbach@ggh-airlaw.com;

Athar.HusainKhan@aea.be;