DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,604

CESSNA AIRCRAFT COMPANY
WICHITA, KANSAS

Notice of Negative Determination
Regarding Application for Reconsideration

By application of May 16, 2003, the International
Association of Machinists and Aerospace workers, District Lodge
#70, requested administrative reconsideration of the Department's
negative determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA), applicable to workers and former
workers of the subject firm. The denial notice was signed on
April 17, 2003, and published in the Federal Register on May 7,
2003 (68 FR 24503).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.


The petition for the workers of Cessna Aircraft Company,
Wichita, Kansas was denied because the “contributed importantly”
group eligibility requirement of Section 222(3) of the Trade Act
of 1974, as amended, was not met. The company did not import
business jet aircraft in the relevant period, nor did they shift
production to a foreign facility.
The union alleges that the company shifted production of
“sections of the tail and wing assembly of the CJ-3 and Citation
Soverence” to Canada, and that “this work is normally performed
by” subject firm workers.
Contact with the company in regard to this allegation
revealed that, although the company did outsource these
components to Canada, they were never produced at the Wichita
facility, thus this production is irrelevant to the
investigation.
The union also alleged that airplane parts competitive with
those produced in Wichita are now being produced in “Poland,
Czechoslovakia, and Mexico.”
In response to this allegation, a company official stated
that the company outsourced an insignificant amount of production
to Poland, comprising a negligible amount of total annual
production at the Wichita plant. The official also stated that,
although Czechoslovakia is currently being considered as a
potential outsourcing location, the company has not yet imported
or used any products produced in that country. The official also
stated that Mexico is currently not a serious consideration in
terms of outsourcing production for the company.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C. this 3rd day of June, 2003

/s/ Elliott S. Kushner

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance