Sentral politiker sitt innspill aktiviserer klart behov for nye vurderinger – Norwegian/ Open Skies

John Porcaris synspunkter, som er nylig publisert (se NFs Facebookside) har iverksatt en prosess hvor interesseorganisasjoner krever ny behandling av Norwegian Air sin søknad. Det mest vesentlige fra organisasjonenes brev kan leses nedenfor:


The Labor Parties move, under Section 302.6 of the Department’s Rules of Practice, for leave to file newly‐available information.  The newly‐available information is set forth in the article “Setting the record straight on Norwegian Air and the US‐EU Open Skies Agreement,” in which former Deputy Secretary of Transportation John Porcari states his views on the applicability of Article 17 bis to the application of Norwegian Air International (“NAI”) for a foreign air carrier permit.(Former Deputy Secretary Porcari was the senior DOT official who participated in the U.S.‐EU negotiations and played a central role in the U.S. Government’s efforts to consider and address the concerns the U.S. labor groups had with the various proposals presented in the negotiations.)   There is good cause to grant this motion because the article was not available until yesterday afternoon and because Mr. Porcari’s views bear directly on the central issue in these proceedings:  whether approval of the applications of NAI and Norwegian Air UK Limited (“NAUK”) would be consistent with the terms of the U.S.‐EU Air Transport Agreement (“ATA” or “Agreement”).    In the article, former Deputy Secretary Porcari states that approval of NAI’s application would not be consistent with the terms of the ATA.  In his words:

 “[S]ome basic facts about [the ATA] and the applicability of its provisions have been twisted beyond recognition in the pending case. . . .”

“[I]f approved, [NAI’s] highly unusual application guts the core of the ATA’s labor provision. . . .”

Article 17 bis “unambiguously sets out a clear commitment to protect against air services that ‘undermine labor standards or the labor‐related rights and principles contained in the Parties’ respective laws.’”

The “USDOT Show Cause Order . . . does not refute the legitimate concerns being expressed by U.S. and European flight crew unions, but sidesteps the issue by declaring that those concerns are not a basis for denial of NAI’s or any other permit application.”                                                                

“[A] decision whether or not to grant operating authority based on compliance with Article 17 is at the heart of implementation of the ATA.”

Former Deputy Secretary Porcari’s understanding of the intent and meaning of Article 17 bis is consistent with the terms of the article.  As we have shown throughout these proceedings, including in our May 16, 2016 Objections to DOT’s Order to Show Cause in the NAI proceeding, that article directs the Parties to implement the Agreement in a manner that does not contribute to the undermining of labor standards.   As Mr. Porcari states in the article “[t]his administration should be justifiably proud that appropriate labor provisions were negotiated into [the ATA]” and that DOT should “use them for their intended purpose.”

CONCLUSION: For the reasons set forth above, and in our prior pleadings, DOT should

(1) reverse its tentative conclusion that NAI should be issued a foreign air carrier permit   and deny NAI’s application,


(2) deny NAUK’s application for an exemption and issue the Information and Document Production Request attached to our December 28, 2015 Joint Answer (Dkt. No. 0002) in the NAUK proceeding.


Signed by: Air Line Pilots AssociationTransportation Trades Department – AFL‐CIO, European Cockpit AssociationAssociation of Flight Attendants‐CWAInternational Association of Machinists   and Aerospace WorkersTransport Workers Union of AmericaInternational Transport Workers’      FederationEuropean Transport Workers’ Federation