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 INT ERNATIONA L 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 T ransport 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 in2

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 oppor tunity 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 un dermine 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 success fully 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 enc ourage 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 oppositio n . 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

amendme nt 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 enfo rce 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 Americ a3

CERTIFICATE OF SERVICE

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

persons identified below by causing a copy to be sent by elect ronic 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@air lines.org ; jcasey@airlines.org ; kglatz@airlines.org ; CBethke@airlines.org ; edw@ttd.org ; ejames@jamhoff.com ; info@airlineinfo.com ; clytle@portoakland.com ; kgeorge@broward.or g ; mrichardson@swapa.org ;4

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 ;