But Aviation-Related Unions Remain Strongly Opposed

Norwegian Air International (NAI) has filed comments with the U.S. DOT confirming its support for the European Commission's (Commission) views that parties to the US-EU Open Skies Agreement cannot unilaterally deny NAI's application to serve the U.S. on the basis of Article 17 bis. These views were further confirmed in a Joint Declaration of John Byerly and Daniel Calleja, who chaired the delegations of the United States and European Union, respectively, in the negotiation of the historic Open Skies Agreement, including the 2010 Protocol containing Article 17 bis.

The Commission's views were expressed in a high level meeting between the U.S. government and Commission officials, where the Commission was asked its views on whether a party to the Open Skies Agreement could unilaterally deny an application of the other party based on the so-called "social dimension" provision of the Agreement – a key argument by NAI's opponents who have been urging the Department of Transportation to deny NAI's application. The unequivocal answer from the Commission was "no."  As stated in NAI's comments "Norwegian International's application is compelling both because of its legal merits – including the interpretation of Article 17 bis advanced above – and because of the public benefits that its service would provide. Few other carriers that promise to offer so much to the U.S. public have been asked to wait so long for approval from the Department."

"We commend Secretary Foxx in seeking the Commission's comments on this pertinent issue – and the Commission for its sound judgment that is consistent with established legal norms of treaty interpretation, the Joint Declaration of the Chairmen of the U.S. and EU delegations who led the negotiation of the historic Open Skies Agreement, and international law," said Asgeir Nyseth, CEO of Norwegian Air International. "We look forward to DOT promptly granting NAI's application to bring air service to the U.S., so consumers can finally begin realizing the benefits of competition – including lower fares."

After meeting all U.S. statutory and regulatory requirements to serve the United States, NAI's application for authority to fly to the U.S. has been pending with DOT for almost six months – the longest of any other similar carrier's application.

"The EC's position puts to rest, once and for all, the unfounded views advanced by opponents of NAI's application that seek to deny the public benefits of new American jobs, increased international tourism, economic growth, greater airline competition, lower fares, and new non-stop air service to the transatlantic market currently dominated by the three legacy immunized alliances," Nyseth said.

But unions representing U.S. flight attendants and other aviation workers hold a much different view of the application. The Association of Flight Attendants-CWA (AFA), the International Association of Machinists and Aerospace Workers (IAM), and the Transport Workers Union (TWU) filed comments urging the DOT to uphold the strong labor protections outlined in the U.S.-E.U. Air Transport Agreement (ATA) known as Open Skies and reject the application.

AFA, IAM and TWU issued comments in association with the Transportation Trades Department, AFL–CIO (TTD), and the European Transport Workers' Federation (ETF).

In the comments filed, the three unions expressed significant security concerns. "Given the ever-increasing sophistication of new threats we are mindful of any attempts, intentionally or unintentionally, to undermine much needed security measures to protect air crews, the flying public, communities, the industry and, of course, U.S. and European international, national and regional security. In this vein, we have sincere concerns that Thailand-based cabin crews hired through a hiring agency guarantee the same level of background checks that exist for European and U.S-based aircrews. The seriousness of this concern on the overall high level of security of operations between the USA and Europe cannot be overstated."

Currently, the DOT is reviewing an application for a foreign air carrier permit submitted by NAI that threatens to undercut labor standards both in the U.S. and in Europe by circumventing worker protections, evading international labor laws, and creating unfair competition for airlines covered under the Open Skies agreement.

"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. 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."

FMI: www.dot.gov