Sunwing/Canjet fleet and foreign pilots winter 2012-2013

[Gilles Hudicourt]

I just received an email informing me that some European pilots coming to work for Canjet have received their Canadian Work permits and are due to arrive in Canada this week.

This, while 57 Air Transat Pilots are laid off, most of which are applying for EI this week.

[Scuba_Steve]

Did any of the Transat guys/gals who have 737 NG ratings receive a call from either company?

[termerair]

I believe only one out of six guys type rated on the 737 got a call for an interview. This same guy then got an offer for a seasonal position with Sunwing.

T.

[Gilles Hudicourt]

C-FTDW which had spent to summer on wet-lease to Travel Service in now enroute back to Toronto from WAW with a stop at KEF. As of tonight, the Sunwing fleet will stand at 13 aircraft, 12 Canadian registered, and one Wet-Lease.

[JTF01]

I believe only one out of six guys type rated on the 737 got a call for an interview. This same guy then got an offer for a seasonal position with Sunwing.

T.

Did the guy have to do an interview or any type of selection for Sunwing?

Somebody had posted a Sunwing ad thru a European contracting agency from a Swiss website earlier.
Out of curiosity, do the European B737NG pilots have to do any sort of selection to get picked by Sunwing, or it is selection criteria something like "You are B737NG current, you have a pulse, here is the job offer."

Some of the European pilots seem to come with the airplanes, particularly the Czech and Air Berlin guys. Hypothetically, could a current B737NG guy apply for the job and get it (or must you hold Euro licenses). Could the six 737 rated guys referred to above apply thru the European agencies for the Sunwing job?

[TheGandM]

Generally speaking, the TUI/Thompson/Air Berlin pilots bid to come to Canada for the Winter, while most of the Travelservice pilots were told they were going. As for the contract pilots Sunwing had last year, a licence and a pulse were the only requirements. There was no interview, they only asked for basic information which I assume someone at Sunwing reviewed before accepting them. A year ago, of the first 6 contract pilots to come to YUL for sim, 3 didn't make it…thank heavens for the excellent training/check pilots at Sunwing for canning them.

Theoretically, if you had the NG rating and a JAA license, you could probably apply to Travelservice and go on the wet lease aircraft, but their T's and C's are not very good. As far as I know, there are no European contract pilots coming over.

[termerair]

Did the guy have to do an interview or any type of selection for Sunwing?

Yes, he had an interview.

Somebody had posted a Sunwing ad thru a European contracting agency from a Swiss website earlier.
Out of curiosity, do the European B737NG pilots have to do any sort of selection to get picked by Sunwing, or it is selection criteria something like "You are B737NG current, you have a pulse, here is the job offer."

No idea but I will be able to find out. Give me a day or two...

Some of the European pilots seem to come with the airplanes, particularly the Czech and Air Berlin guys. Hypothetically, could a current B737NG guy apply for the job and get it (or must you hold Euro licenses). Could the six 737 rated guys referred to above apply thru the European agencies for the Sunwing job?

We all applied through the Sunwing email address provided or the online application form for Canjet.

Cheers,

T.

[Gilles Hudicourt]

The pilots who applied at Sunwing and did not have a B-737NG ratings, got the following response from Sunwing:

Thank you for your interest in Sunwing Airlines.

Currently we are only interviewing candidates whose qualifications closely match the qualifications outlined in the advertised job posting. Unfortunately, your qualifications do not match our current requirements.

We will keep your resume on file for a period of six months, should any positions arise for which you are qualified.

Kind Regards,

Sunwing Airlines Flight Operations Department

One ex-AT pilot with a B-737NG rating who applied got interviewed and hired recently.

The other Canadians with B737NG rating who applied at Sunwing just got ignored. No email. No phone call. Nothing.

They can't possibly send any sort of reply to these people. What would their letter look like ?

"Although you are Canadian and your qualifications meet all of the requirements outlined in the advertised job posting, we are still not willing to interview or hire you because we already have prior commitments with Foreign pilots.

Kind Regards,

Sunwing Airlines Flight Operations Department"

[MRP]

Gilles have you seen this?

http://www.cbc.ca/news/politics/story/2 ... mines.html

HD Mining used the same argument as Sunwing claiming that there are no "qualified" miners in B.C.
to fill their positions. Now the application is being investigated.

Here's how the Canadian interviews probably went:
interviewer: "Are you qualified on directional boring machines?"
candidate: "Yes I have operated the Vermeer D100X120 Series 1"
interviewer: "OOoo sorry we are looking for experience on the Vermeer D100X120 Series 2 but thanks for coming out."

[Gilles Hudicourt]

"OOoo sorry we are looking for experience on the Vermeer D100X120 Series 2 but thanks for coming out."

My thousands of hours on A-310, the A-330 and the B-757 don't seem to cut it at Sunwing.

The Globe and Mail also covered that story :

http://www.theglobeandmail.com/news/bri ... le4773274/

Here are what HD Mining and Sunwing have in common:

HD Mining is a partnership between China-based Huiyong Holding Group, which owns a 55 per cent stake, and Canadian Dehua International Mines Group Inc.

Sunwing, owned by the Hunter family of Toronto, will give TUI a 25 per cent voting interest and 49 per cent ownership in the expanded Sunwing Travel Group.

The Chinese want work for their miners and TUI wants work for their idle Aircraft and pilots in Europe.

[MRP]

Here's more on the HD mining story.

http://www.cbc.ca/news/canada/british-c ... emand.html

My favorite part

HD Mining International, the company developing the coal mine, received 300 applications and interviewed nearly 100 Canadian workers, but none were qualified to work in the mine, said vice-president Jody Shimkus.

"We require temporary foreign workers because we are introducing a highly mechanized form of long-wall mining to the province. There's currently no active long-wall mining going on in Canada or B.C.," Shimkus said.

So every other mine in the Canada pays to train its employees on new equipment, but of course we all know that along with the 737NG type rating, "highly mechanized long wall mining" is special so the companies shouldn't have to pay to train their employees.

[complexintentions]

Not to be rude, but I posted a link to the mining story, and the close correlation to the tactics being used by Canjet and Sunwing, on October 10 in the "Sunwing to hire foreigners using the LMO method" thread.

It would seem to be open season on the Canadian worker's wages, using foreign labour. I just hope the likes of Gilles keep putting these employers feet to the fire. I would love to move home, but apparently my thousands of hours on the B777 including 1500+ in the left seat are not enough to qualify me on the NG. The only thing that keeps me from suing the ass off these clowns for discriminatory hiring practices is my aversion to paying taxes.

[Gilles Hudicourt]

I noticed Canjet received two extra aircraft, Transavia France F-GZHA and F-GZHB, two B-737-800.

http://www.planespotters.net/Production ... etStatus=1

http://wwwapps2.tc.gc.ca/Saf-Sec-Sur/2/ ... esults.asp

Although these aircraft remained on France's registry, they are dry-leases as permitted under CAR 203.

http://www.tc.gc.ca/eng/civilaviation/p ... 06.htm#5.1

If we look at CAR 203.03 (1) (d)

203.03 (1) No person who is not the registered owner of an aircraft shall operate the aircraft as part of a leasing operation without an authorization issued pursuant to subsection (2) unless

(d) the crew members of the aircraft are employed by the lessee;

http://www.tc.gc.ca/eng/civilaviation/r ... htm#203_03

and the Standard under CAR 223 (3) (d).

http://www.tc.gc.ca/eng/civilaviation/r ... 23-138.htm

223.03 Leasing Operations - General

An application from a Canadian air operator for an authorization referred to in subsection 203.03(2) of the Canadian Aviation Regulations permitting the operation of a leased aircraft shall meet the following requirements:

(3) A Canadian Air Operator that is Operating under Part IV, VI or VII and that Leases an Aircraft Registered in a Foreign State

Evidence establishing that:

(d) evidence establishing that the aircraft crew members are in the employ of the lessee;

To gain TC approval for such a lease, the lessor must fill out and sign a TC form called

"APPLICATION TO AUTHORIZE A LEASING OPERATION INVOLVING A CANADIAN AIR OPERATOR LESSEE OPERATING A FOREIGN REGISTERED AIRCRAFT" called LF-3.

A blank form can be viewed here:

http://www.tc.gc.ca/media/documents/ca- ... -07_bo.pdf

Take close look at section F:

I CERTIFY THAT:
1. The flight crew members or crew members are in the employ of the lessee.
2. The responsibility for legal custody and control of the aircraft is clearly vested in the lessee during the term of the lease.
3. All the information and statements contained in this application are true and complete to the best of my knowledge.

These CARs were written as they are for two reasons: to protect our jobs in this country, and to make sure that airlines don't bring in wet-leases in this country disguised as dry-leases. This is where a company, say Sunwing, will "dry-lease" UK registred aircraft from Thomson Airlines, and also hire Thomson Airlines pilots to come and fly them, and perhaps even a few Thomson mechanics to come and help out with the maintenance. It would be called a "dry-lease" but would look and smell like a "wet-lease". But TC and the CTA would never let such a thing happen in this country would they? We have serious regulations in Canada, that are always abided by.

Let's go back a few weeks and look at the ad that Swiss based PAS Aviation had posted earlier this summer to hire pilots in Europe on behalf of Canjet:

http://www.pas-aviation.aero/inc/GetJob ... &id=100357

On behalf of our established client, PAS Aviation is looking for further Boeing 737 NG First Officers for a contract in Canada during the winter.

We will need crews to be available to start November/December 2011 and run for 6 months until April 2012. Interviews and assessments to take place shortly.

Ground school will take place in Europe, followed by a short break before SIM's being undertaken in the USA, and proceeding on with the contract from there. The period between ground school and SIM will be unpaid, but should be no more than 10 days.

*Please note that this is not a commuting contract, therefore applicants must be able to spend the 6 months entirely in Canada, although there will be one period of a minimum of 8 days during the period of the contract when a return to home will be possible, with an economy return ticket provided by the operator.

Non negotiable requirements for interested applicants to meet:

- Minimum 3500 Total time and minimum 200 hours on the B737 NG (hours on classic do not count)

- All applicants must hold a valid JAA ATPL, IR, Medical, current Type Rating for the B737 NG, and these MUST have a validity for the duration of the contract period.

- Maximum age 60 years

Please apply via. email ONLY by forwarding a current CV, with a breakdown of hours and experience, including the date of your last flight on the B737 NG, to: info@pas-aviation.aero.

As we expect a lot of interest in these positions, unfortunately only Candidates meeting the requirements mentioned, will receive a reply.

Here is what can be read on PAS Aviation's Website:

http://www.pas-aviation.aero/?id=100254

When an agency (broker, crew leasing company) is contracted to supply crew, there are also several choices by which crew can be engaged to fulfil the requirement. The suitable crew member may be taken on as an employee of the agency or as a self-employed contractor.

Does anyone believe that those JAA-licenced-hired-in-Europe-employees-of-PAS Aviation are also Canjet employees and as such comply with CAR 203.03 (1) (d) and CAR 223 (3) (d) ?

I don't.

Are CARs to be respected all the time or only when they do not stand in the way of big business ?

If I bust approach minimums, exceed my allowed duty day, land with fumes, fly overloaded, allow my wife in the cockpit, drink within 8 hours of a flight, or violate any of the CARs, TC is on my back at the speed of light. Are some CARs ok to violate ?

Sunwing does the same by the way. Last year they operated five UK registered aircraft on "dry-leases" that all belonged to Thomson Airways (G-FDZA, G-FDZB, G-FDZD, G-FDZE, G-FDZF). And none of the Thomson Airways pilots that flew there aircraft were employees of Sunwing. They were collecting Thomson Airways paychecks in the UK while flying UK registered Thomson aircraft for Sunwing in Canada.

Here I am writing on a public forum about CAR violations that go on year after year by both Canjet and Sunwing, and ....NOTHING.

[CD]

Here I am writing on a public forum about CAR violations that go on year after year by both Canjet and Sunwing, and ....NOTHING.

Transport Canada: How Do I Report A Violation - Aviation Enforcement Contacts
Canadian Transportation Agency - Enforcement
Canadian Transportation Agency - Regional Enforcement Officers

[Gilles Hudicourt]

Oh they know. But there are some things that only get acted upon when everyone else knows also.

The regulation clearly states that the applicant, Canjet and Sunwing, when applying to have a Foreign Registered aircrat in their fleets, must provide to Transport Canada:

evidence establishing that the aircraft crew members are in the employ of the lessee;

Say that monday morning I was to send the following request to the Transport Canada Access to Information and Privacy Coordinator:

"I would like to see all documentation submitted by Sunwing Airlines and Canjet Airlines as evidence establishing that all the aircraft crew members who were operating the foreign registered aircraft in their fleets from 2010 through 2012, as allowed under CAR 203, were all in the employ of the lessee" as required under CAR 223 (3) (d)."

Would anyone be surprised to discover that no such evidence was ever submitted to TC ? How could they ? The foreigners are not employees.

Earlier this summer, I had a similar experience with the Canadian Transportation Agency, which I already wrote about in another thread.

When a Canadian airline wants to wet-lease a foreign aircraft the regulations require that the applicant provide in its application a REASON for which the lease of a foreign aircraft is NECESSARY. The rule is spelled out here, in the Air Transportation Regulations:

http://laws-lois.justice.gc.ca/eng/regu ... 5.html#h-9

8.2 (1) For the purposes of section 60 of the Act and subject to section 8.3, approval of the Agency is required before a person may provide all or part of an aircraft, with a flight crew, to a licensee for the purpose of providing an air service pursuant to the licensee’s licence and before a licensee may provide an air service using all or part of an aircraft, with flight crew, provided by another person.
(3) The application shall include the following:
(j) an explanation of why the use by the licensee of all or part of an aircraft with a flight crew provided by another person is necessary.

In June 2012 I sent a request of information to the CTA asking to see the explanation provided by Sunwing Airlines for Wet-Leasing those two Portugueses B-767s this last summer and in the summer of 2111.

My request is here:

https://www.otc-cta.gc.ca/eng/summaries ... -june-2012

I received copies of both application letters and none contained any explanation as required under 8.2 (3) (j) of the Air Transporation Regulations. So I wrote back to the ATIP Coordinator, telling her that the information I had asked for was missing from the applications, for no REASON was provided in the application explaining why such leases were NECESSARY.

Here is her reply:

First I checked with the divison responsible for this function and was advised that application are not denied because documentation is missing. It is at members discretion to request additional information if they feel it is required. There is no reason provided on file.

That person does not know what shall include means.

You see what I mean ?

[Gilles Hudicourt]

Sunwing's fleet in Canada now stands at 14 aircraft with the addition of C-FGVK, which is a dry lease from Czech Travel Service, previously registered OK-TVK.
There are the 10 core Sunwing Aircraft, 3 dry leases, all from Travel Service and one Wet-Lease, also from Travel Service.

Save for the Wet-Lease pilots, I have no word yet on the arrival of any foreign pilots to fly these aircraft.

[Gilles Hudicourt]

I just noticed the presence in Canada of two additional wet-leased B-737s for Sunwing:

OM-TVR, from Travel Service Slovakia and OK-TVS from Travel Service Czech Republic.

This brings Sunwing' fleet at 16 aircraft:

It's 10 core aircraft, three dry-leased B-737s from Czech Travel Service, and 3 dry-leases, 2 from Czech Travel Service and one from Slovakia Travel Service.

On this same date last year, they seem to have had 16 aircraft also.

I still do not know if any foreign pilots have come to Canada on Work Permits. Those flying the 3 wet-leased aircraft are exempt from Work Permits, from TC Simulator check rides and from Canadian Foreign Licence Validations Certificates since they fly under their own operating certificate.

[Gilles Hudicourt]

Here I am writing on a public forum about CAR violations that go on year after year by both Canjet and Sunwing, and ....NOTHING.

Transport Canada: How Do I Report A Violation - Aviation Enforcement Contacts
Canadian Transportation Agency - Enforcement
Canadian Transportation Agency - Regional Enforcement Officers

The letter to the CTA is done. I posted it here:

viewtopic.php?f=5&t=85114&p=785742#p785742

[Gilles Hudicourt]

The more I dig, the more I find. I don't know if any of you anglos are familiar with the Belgian comic strip "Tintin", with its twin policemen called Dupont and Dupond ? Here we have a case of "Travel Service" and "Travel Service".

Canadian Aviation Regulations 701

701.01 This Subpart applies in respect of the operation in Canada of a foreign state aircraft or an aircraft operated by a foreign operator in an air transport service.

Requirement for 701.01 This Subpart applies in respect of the operation in Canada of a foreign state aircraft or an aircraft operated by a foreign operator in an air transport service.

Requirement for Canadian Foreign Air Operator Certificate

701.02 (1) Subject to subsections (2) and (3), no person shall operate an aircraft in Canada unless the person complies with the conditions in a Canadian foreign air operator certificate issued to that person by the Minister pursuant to section 701.07.
.

Sunwing leased 4 Aircraft from a Czech Company called "Travel Service". They applied to the CTA for a permit for such a lease, and it seems that the permit was granted, although I have yet to see any decision to that regard on the CTA Website, but that's not what I am writing about tonight.

According to the CARs listed above, when a Canadian company desires to wet lease an aircraft from a Foreign Air Carrier, the foreign air carrier must not only obtain a decision from the CTA but must also hold a Canadian Foreign Air Operator Certificate from Transport Canada.

As you can see here, Czech Travel Service does have a FAOC.

http://wwwapps.tc.gc.ca/Saf-Sec-Sur/2/o ... c_id=17301

CONTACT INFORMATION
File Number: 17301
Region: FOREIGN INSPECTION
Legal Name: TRAVEL SERVICE, A.S.
Trade Name(s):
Address: PRAHA 5, JANACKOVO NABREZI 59/138
PSC 150 000, (CZECH REPUBLIC)
Phone: +011-420 22011 6098
Fax: +011-420 22011 5511
Telex:
Cellular:
Internet: http://www.travelservice.aero

DETAILS
Float Operator: NO
Dangerous Goods: NO
Air Operator Certificate Status: APPROVED
Preferred Language: ENGLISH
For a company that holds multiple certificates, all aircraft for that company will display on the OLS details screen.

Aircraft Type Max. Weight (lbs) Canadian Aviation Regulation (CAR) VFR OTT VFR NIGHT IFR Passenger Cargo
B737 - 300/400/500 135000 701 No Yes Yes Yes Yes
B737 - 600/700/800/900 174200 701 No Yes Yes Yes Yes
CESSNA 680 SOVEREIGN 30000 701 No Yes Yes Yes Yes

So far so good. But that was Dupond

A couple days ago, I was surprised to see not a Czech Registered B-737 show up in YYZ, but a Slovak registered aircraft: OM-TVR. This one is Dupont.

Just like there are several "XL Airways" in Europe that are sister, but distinct companies from different countries, there are also several "Travel Service" in Europe as well, in the Czech Republic, in Slovakia, in Hungary and in Poland.

The Slovak and Czech "Travel Service" are two distinct companies, each registered in its own country, each with it's own Operating Certificate, each with its own ICAO and IATA code, each with its own call-sign.

The Czech Travel Service Operating Certificate number can be found here on the Czech Civil Aviation Website: http://www.caa.cz/file/5652_5_1/

The OC number is CZ-3. It's IATA code is QS. It's ICAO code is TVS, its call-sign "SKYTRAVEL".

The Slovak Travel Service, is painted the same, looks the same, but is registered in Slovakia, where it has its own OC, which can be found here, on the Slovak Civil Aviation Website:

http://www.caa.sk/pdf/prevadzka/drzitel ... ovatel.pdf

SK-037 is its OC number. It's IATA code is 6D, its ICAO code is TVQ, its callsign is "SLOVAKTRAVEL"

TWO DISTINCT COMPANIES. They look alike but they are not the same. Like Dupont and Dupond.

What am I getting at ?

I find no Canadian Foreign Air Operator Certificate on file on Transport Canada's Website for the Slovak Travel Service. If I am correct, are they not in contravention of CAR 701 ?

Correct me if I am wrong anyone ?

[ahramin]

Gilles, here they're called Thompson and Thomson.

They don't need two punch and judy men so you can't have the job.

[FriendlyBear]

Hi Gilles,
Just wanted to say thank you for all your hard work on highlighting this problem.... I feel for my AT brothers and sisters who are now on EI while foreigners come to Canada..... it's just not right. Have you given any thought to organizing an aviation lawyer to take the government to task on this practice? I am sure that many of us would Paypal funds to support such a venture.... together we could change the playing field for the better....
Cheers
Bear

[newcomer]

So,if they do so many illegal things,why don't unions/other airlines take legal action and bring the case to court?
Thank you so much for everything Gilles!

[Gilles Hudicourt]

ALPA and all airlines have lawyers, who probably raised eyebrows when reading this. Probably a couple aviation journalists read it also and are making a few phone calls to verify my suspicions.

The Slovak aircraft, OM-TVR is enroute from YYZ to PUJ right now.

http://fr.flightaware.com/live/flight/OMTVR

Four things may happen today:

1) I was wrong and nothing will happen. For example, maybe Slovak Travel Service does have a Canadian Foreign Air Operator Certificate on file at TC but that some clerk just forgot to put it on the Website and will add it later (very very unlikely).

2) I was right and the aircraft will stay grounded in PUJ until the problem is fixed, for someone will realize that they are operating illegally and decide to do something about it. How long does it take to get an FAOC ?

3) I was right and the aircraft will come back, because someone will think that CAR 701 is just another one of those CARs that can be overlooked once in a while if it is to severely disturb 189 passengers during their holidays.

4) Or maybe someone with a good poker face will come up with an outrageous explanation put together with mirrors, feathers, glue and duct tape. A bit like when they claim that all the European contract pilots who come to Canada to fly Sunwing and Canjet aircraft are "employees" of said airlines to conform to CAR 203.03 (1) (d) and CAR 223 (3) (d) which requires them to be.

We'll see.

[Gilles Hudicourt]

I was at the simulator at CAE this afternoon, in Montreal. My colleagues who were waiting for their turn at the sim, told me that while waiting they saw a couple foreigners go into the B-737-800 simulator with a Transport Canada inspector. It was booked under Sunwing Airlines (They were speaking a language that was not French or English or German). Within half an hour, everyone was back in the lounge. It didn't look like the test went very well for those guys.

The bad news is that this seems to confirm that Foreign pilots have again arrived in Canada to fly for Sunwing. How did they get in ? Reciprocity ? LMO ?

I wish I knew.

[Dick]

My colleagues who were waiting for their turn at the sim, told me that while waiting they saw a couple foreigners go into the B-737-800 simulator with a Transport Canada inspector. It was booked under Sunwing Airlines (They were speaking a language that was not French or English or German). Within half an hour, everyone was back in the lounge. It didn't look like the test went very well for those guys.

I appreciate what you're getting at, but posts such as the one above make you sound like a school girl gossiping. Stick to facts, it makes you sound much more credible.