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Old 13th Oct 2016, 16:07
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Direct Bondi
Join Date: Nov 2010
Location: Sydney
Posts: 272
Norwegian’s FLL based pilots who will commute cannot participate in any US airline jumpseat program. Approvals require the employer to be an airline, not a third-party agency such as Orient Ship Management. Ongoing incompetence in managing crew resources may preclude the purchase of FLL commuting tickets on anything other than very short notice with associated high cost. Additionally, European pilot unions have not yet considered their response to the proposal allowing FAA licensed pilots to operate European registered and regulated aircraft for the stated period.

Eventually, the situation may improve. By recruiting US based pilots Kjos has invited a very large elephant into the room in the form of the 1926 Railway Labor Act, RLA. The invitation is surprising given the recent victory by US based NAI flight attendants in obtaining union recognition, representation and collective agreement rights directly with their “real employer”, Norwegian:

During the Norwegian Cabin Crew Association application to the National Mediation Board for union recognition, Norwegian and their collaborator in employment circumvention fought tooth and nail against the reality that Norwegian acts as the real employer:

“Norwegian contends that OSM is the sole employer of the cabin crew and that neither NAR nor NAS exercises control over OSM. In addition, Norwegian contends that they lack the continuing authority to supervise and direct the manner in which the Cabin Crew members render their services”.

However, the Agreement for Provision of Services of Aircraft Crew between OSM and Norwegian states:

“OSM, in exchange for compensation, provides employees to perform work as part of the customers business under the customers control and management”

The Railway Labor Act states:

“The jurisdiction of the RLA extends to every common carrier by air engaged in interstate or foreign commerce and, every air pilot or other person who performs any work as an employee or subordinate official of such carrier or carriers, subject to its or their continuing authority to supervise and direct the manner of rendition of his services”

Consequently, both Norwegian and OSM failed, abysmally, in their attempt to obstruct cabin crew being allowed to ballot for union representation as “employees” of Norwegian. The full report may be read at link:

So, if you live in the FLL area and are prepared to forego labor rights and labor principles with your “real employer” and pay 30K for the privilege, until such time as your group follows the lead of the US based cabin crew to organize union representation, the smiling rock ape regime may be for you.
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