ALPA seeks restrictions on Cargojet-21 Air relationship

The Air Line Pilots Association (ALPA), which represents about 61,000 airline pilots, is requesting that the U.S. Department of Transportation (DOT) and Federal Aviation Administration (FAA) restrict the relationship between U.S.-based 21 Air and Canada-based Cargojet over concerns that Cargojet could place its aircraft with 21 Air for U.S. operations, potentially resulting in “impermissible cabotage,” according to a Nov. 9 filing with the DOT. [caption id="attachment_68387" align="alignright" width="400"] Photo/Cargojet[/caption] In relation to the filing, ALPA had requested in October that the DOT reconsider an earlier request by 21 Air to lift the current cap on its fleet size , and that the DOT terminate aircraft interchange agreements between Cargojet and 21 Air, according to a letter from ALPA President Joseph DePete to U.S. Transportation Secretary Pete Buttigieg. In a separate letter to Robert Carty, FAA acting executive director of flight standards service, ALPA addressed the interchange arrangement between Cargojet and 21 Air. ALPA argued that the relationship between the airlines resulted in a Cargojet 767-200 aircraft registered in Canada operating in the U.S. from Aug. 4 through Oct. 1 — well beyond the typical interchange length of three to five days at a time, which ALPA argued constitutes a “loophole” that may constitute cabotage in the U.S. In its answer to ALPA’s October filing, 21 Air urged the DOT to “immediately dismiss” the request as factually and legally incorrect. The operations under the arrangement between the carriers “is not cabotage because 21 Air uses its U.S. crews to operate U.S. domestic flights,” said 21 Air. The carrier also took issue with the ALPA claim that the interchange agreement approved by the FAA constitutes cabotage in practice, stating that ALPA is incorrect in its assumption that 21 Air relies on Cargojet for its aircraft. “21 Air operates three aircraft for business unrelated to the Cargojet relationship,” the carrier said in its answer. “It operates only one aircraft pursuant to an interchange agreement negotiated at arms-length with Cargojet. When the aircraft is under the operational control of 21 Air, the flights are restricted by the FAA to be to/from the interchange point (a U.S. airport) and the majority of flying is for 21 Air customers and not for Cargojet. Indeed, overall, only a very small percentage of 21 Air’s flying is for Cargojet.” In its November response, ALPA urged the DOT to seek more information from 21 Air as to what economic benefits Cargojet expects to realize from its relationship with 21 Air, the composition of the 21 Air board and Cargojet’s representation on the board, and the purpose of a $5 million promissory note submitted in 21 Air’s application to increase its fleet size. “ALPA will defer a further substantive response to the applicant’s pleading until after the Department’s decision as to the additional information and documents,” ALPA concluded. The carriers could not be immediately reached for further comment following the November response from ALPA. However, 21 Air and Cargojet are also not the only carriers currently engaged in contentious discussions with pilot unions. The Allied Pilots Association, representing pilots at American Airlines, rejected a proposal from the carrier offering incentive pay around the 2021 holidays, noting “the need to achieve meaningful permanent improvements in a new collective bargaining agreement” in a Nov. 9 message. “Many U.S. airlines are experiencing increased flight demands this holiday season, and that is thanks to the Payroll Support Program (PSP)," an ALPA spokesperson told Air Cargo World of the current industry discussion around pilot shortages and labor concerns. “Because of this historic, labor-friendly legislation, ALPA pilots and crewmembers, as essential employees, remain on the job and more than ready for takeoff.” “Airline training departments must manage the increased flight schedules, and we believe that most should be able to predict and respond appropriately to currency and qualification demands,” ALPA added.

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