Form letter to the Jazz MEC

[rudder]

Whether you agree or not, the ALPA National position seems pretty clear:

6 November 2013

Fellow ALPA Pilots,

There is much misinformation about ALPA’s position on the Foreign Licence Validation Certificate (FLVC) as it relates to the issue of foreign pilots operating in Canada, and I would like to set the record straight. Below are answers to some frequently asked questions regarding this issue.

What is an FLVC?

The Chicago Convention provides for the recognition of flight crew licences issued by any member state of the International Civil Aviation Organisation (ICAO) if the licence meets or exceeds ICAO standards.

When a state validates a foreign licence, it recognizes it as valid for use on aircraft of its own registry. The validation is only valid when used in conjunction with the supporting foreign licence. Most countries around the world have programs similar to Transport Canada’s FLVC.

What is ALPA’s position with respect to an FLVC?

Transport Canada is able to issue FLVCs for many purposes, including undergoing flight tests, to give a type rating on aircraft, to ferry aircraft, and even for some limited commercial purposes, just to name a few (reference CAR 421.07). As such, ALPA’s position is that FLVCs are legal—we have never stated they are illegal. In a March 20, 2013, letter to the Director General, Civil Aviation, we did, however, question the purpose for which an FLVC can be issued. ALPA does not agree with the Minister of Transport’s decision that it is in the public interest to issue them for normal airline operations (see below).

What is Transport Canada’s position on the purpose for which an FLVC can be issued?

The response that we have received from Transport Canada is that FLVCs are being issued to foreign pilots flying under these circumstances under CAR 421.07 (2)(j) “in the public interest.” The “public interest” test is a broad term and is not interpreted differently among the various government departments. In other words, if Citizenship and Immigration Canada (CIC) or Human Resources and Skills Development Canada (HRSDC) approves a work permit through their respective programs, then the public interest test has been met and Transport Canada will issue an FLVC. We do not like the answer, but we accept it.

So if we don’t like the answer, why aren’t we fighting it?

The Transport Minister issues the FLVCs in question based on his or her opinion that it is in the public interest. Because it is at the Minister’s discretion, ALPA believes a judicial review of the validity for issuance would apply the “reasonableness” standard, not whether it was correct. Thus, in our opinion, the ministerial decision would be accorded deference by the court. Therefore, the chances of success are very limited. The result of losing the court action would be that the current FLVC process would be enshrined in law. For these reasons, ALPA has decided not to pursue legal action.

Furthermore, winning the case, which is unlikely, would not solve the real issue, i.e., foreign pilots flying in Canada. Even if FLVCs were no longer issued, foreign pilots could still easily obtain a Canadian licence.

To get a Canadian licence, a foreign pilot must take a flight test (aircraft or simulator) and three written exams. Applicants for an FLVC already do a simulator ride to prove competency. So, the only additional thing they would have to do is write the three exams, which they can study for and write over a weekend. ALPA is also aware that many of the foreign pilots who have been working in Canada have already obtained a Canadian licence. Therefore, ALPA made a conscious decision to concentrate its efforts on stopping foreign workers at the border, not on the type of licence they held once already in the country. ALPA’s efforts have been fruitful as we have succeeded in affecting change to the three programs that allow foreign pilots to fly in Canada. For a summary, click here.

What about this “coalition” thing?

There has been a suggestion that all pilot groups in Canada form a coalition in order to address the FLVC issue. ALPA’s Canada Board was given a presentation promoting a coalition to fight the FLVC issue. At the same meeting, the Canada Board heard from Transport Canada’s Director General, Civil Aviation and ALPA’s Legal and Government Affairs departments. After listening to all, the Canada Board decided not to join the coalition, however we did agree to continue meeting with other Canadian pilot groups to discuss issues of mutual concern, including the foreign pilot file.

Didn’t the Air Canada Pilots Association (ACPA) vote to join a coalition to fight the FLVC?

ALPA does not speak for ACPA, nor have we received or seen any formal correspondence from them on this issue.

“ALPA doesn’t want to fight the FLVC because they don’t want to upset their relationship with government.”
Having access to government officials is paramount to have your voice heard. Without access, your voice is silent. Having a relationship with government officials helps get you that access, nothing more.

The decision not to file a legal challenge was based on the merits of the case. ALPA does not believe there is a case. One can assume that the government feels the same. Therefore, why waste each other’s time and resources—not to mention ALPA members’ dues money—on an issue that is doomed to fail?

What are ALPA’s next steps?

ALPA will continue to discuss the effectiveness of recent changes to the various programs that enable foreign pilots to work in Canada with the government departments that oversee these programs, and we will evaluate whether or not more changes are needed. On the FLVC issue, ALPA is currently in discussions with Transport Canada on possible modifications with respect to the use of FLVCs. ALPA is also awaiting a response from European Union representatives on questions pertaining to the reciprocity of FLVCs in Europe that we raised at the recent Canada/EU Joint Committee meeting. The Canada/EU Joint Committee meets on an annual basis to discuss the implementation of the Air Agreement that was negotiated in 2009.

Ensuring that qualified Canadian pilots benefit from Canadian aviation job opportunities remains ALPA’s top priority.

[TrailerParkBoy]

Thanks for the post Rudder.

[chikiebella]

This is what we are dealing with gentlemen's… We got that memo two days ago.

Memo to Sunwing pilots:

SUBJECT: Foreign FCMs – Work Permits
=======================
Attention all Flight Crew Members
As of today, November 4, 2013, Sunwing has still not been granted the required work permits for our foreign colleagues. The Union has learned this afternoon that the company intends to begin line indoc training our foreign pilots in the next day or two. This information became known to the Union when several Flight Crew Members contacted the MEC to ask about the legality of the method that the company will be conducting such training. The MEC then contacted Sunwing Airlines President Mark Williams to obtain clarification.
The company has consequently informed us that each of the foreign pilots has been issued a letter by Sunwing’s immigration lawyer. The immigration lawyer has suggested that with this letter, the pilots are allowed to do training and certification in Canada without a work permit. The company has assured us that “line indoctrination” is part of their training.
Our Chief Pilot, Damian Cumiskey stated that because our foreign pilots have not yet received their work permits, they are only permitted to receive training (line indoc, line check). They cannot be considered to be working and therefore we need to have a fully qualified crew on board. This therefore requires a second Sunwing pilot to be part of the crew. However, the foreign pilot will be under training for the duration of the day and will occupy (in the case of a First Officer requiring training) the right seat.
These pilots entered Canada on Sunday with a letter (drafted by Sunwing’s Immigration lawyer) advising that they are here to complete their training. They will have a similar letter (also drafted by Sunwing’s lawyer) explaining that they are receiving training on their flights in the form of line indoctrination. This will allow them to re-enter Canada after their line indoc training flights.
In order to work in Canada after their training is completed (and once they have a work permit approval), they will have to exit and re-enter Canada in order to be allowed to work. In no circumstances will the foreign pilots do anything other than training duties prior to obtaining their work permits.
The Union would like to state that it has voiced its reservation with the company’s current plans and the company can and has made such decisions without the notifying the Union.
The Union hereby advises all Sunwing Flight Crew Members to perform the assigned line indoc flights as assigned. In the event that immigration officials question any of our working activities, Flight Crew Members are advised to answer all questions fully and truthfully. Should immigration officials have any issues with this Sunwing arrangement, any repercussions will be targeted toward the company.
Sincerely,
Master Executive Council
Unifor Local 7378
Sunwing Unit

[Gilles Hudicourt]

Whether you agree or not, the ALPA National position seems pretty clear:

6 November 2013

Fellow ALPA Pilots,

I've been very busy with Simulator and personal stuff these past few days. I will try to comment that ALPA Fastread point by point tomorrow afternoon.

Gilles

[Black Cat]

That was exactly what I was looking for from our union. Thanks to Capt Dan for the update, Gilles for his dedication, and rudder for posting the FR here.

BC.

[BE20 Driver]

Therefore, ALPA made a conscious decision to concentrate its efforts on stopping foreign workers at the border, not on the type of licence they held once already in the country. ...

Ensuring that qualified Canadian pilots benefit from Canadian aviation job opportunities remains ALPA’s top priority.

It still seems to me that this is the most likely avenue for success. Proving to HRDSC and CIC that there are a lot of qualified pilots willing to work at Sunwing who hold all of the requisite skills save the Type Rating and time on type.

I applied to my province for training last year. They actually said yes to sponsoring me however it took 4 months for them to say yes. By then, I had found other work which disqualified me from the training program. This was under the old system. I don't know about the new program (announced in the spring budget?) and whether we'll qualify or not. Perhaps we need to flood each province with requests for Type Ratings and prove that there are at least 200 of us who otherwise qualify.
Everyone got up in arms about 30 RBC employees because they ran to the media. People were threatening to close their accounts. There are over 6 times the number of jobs going to European pilots each year.

ALPA’s efforts have been fruitful as we have succeeded in affecting change to the three programs that allow foreign pilots to fly in Canada. For a summary, click here.

Any chance you can post the link?

[teacher]

Fight the battles you can win and where the outcome will benefit you and place your resources where they will be the most effective. Makes sense to me.

This may seem a little Star Trekie but it seems like ALPA has taken the emotional portion of this arguement out and focused on the logical "what can we actually achieve" mentality.