Petitioner Type: Union
Impact Date: 08/26/2008
Filed Date: 08/31/2009
Most Recent Update: 04/16/2010
Determination Date: 04/16/2010
Expiration Date: 04/16/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,170
LEARJET, INC.
WICHITA DIVISION
INCLUDING ON-SITE LEASED WORKERS OF AEROTEK, ATSI, CANTEC, CTS,
DACA, DDS/JOHNSON GROUP, FOSTER DESIGN, GENESIS CORP, HIREMATCH,
HI-TEK, INCONEN, JSFIRM, NORMATEC, PDS, PRECISION PERSONNEL,
RODENBURG GROUP, S.M.A.R.T, STROM, WYATT AND ASSOCIATES
WICHITA, KANSAS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on August 31, 2009 by the International Association of
Machinists and Aerospace Workers, District Lodge 70, on behalf
of workers of Learjet, Inc., Wichita Division, Wichita, Kansas.
The workers were engaged in employment related to the production
of business aircraft. The worker group includes on-site leased
workers from Aerotek, ATSI, Cantec, CTS, DACA, DDS/Johnson
Group, Foster Design, Genesis Corp, Hirematch, Hi-Tek, Inconen,
JSfirm, Normatec, PDS, Precision Personnel, Rodenburg Group,
S.M.A.R.T, Strom, TAD and Wyatt and Associates.
The investigation revealed that workers of Learjet, Inc.,
Wichita Division, who are engaged in employment related to
production of business aircraft, meet the criteria for
certification.
Criterion I has been met because a significant number of
the workers have become separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country articles which are like or
directly competitive with the articles produced by the firm.
Criterion III has been met because the acquisition of
articles by Learjet, Inc., Wichita Division contributed
importantly to worker separations at the Wichita, Kansas
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Learjet, Inc.,
Wichita Division, Wichita, Kansas meet the worker group
certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Learjet, Inc., Wichita Division, including
on-site leased workers of Aerotek, ATSI, Cantec, CTS, DACA,
DDS/Johnson Group, Foster Design, Genesis Corp, Hirematch,
Hi-Tek, Inconen, JSfirm, Normatec, PDS, Precision
Personnel, Rodenburg Group, S.M.A.R.T, Strom, TAD and Wyatt
and Associates, Wichita, Kansas, who became totally or
partially separated from employment on or after August 26,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 16th day of April, 2010
/s/Michael Jaffe
_____________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-72,170
LEARJET, INC.
WICHITA DIVISION
INCLUDING ON-SITE LEASED WORKERS OF AEROTEK, ATSI, CANTEC, CTS,
DACA, DDS/JOHNSON GROUP, FOSTER DESIGN, GENESIS CORP, HIREMATCH,
HI-TEK, INCONEN, JSFIRM, NORMATEC, PDS, PRECISION PERSONNEL,
RODENBURG GROUP, S.M.A.R.T, STROM, WYATT AND ASSOCIATES
WICHITA, KANSAS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on August 31, 2009 by the International Association of
Machinists and Aerospace Workers, District Lodge 70, on behalf
of workers of Learjet, Inc., Wichita Division, Wichita, Kansas.
The workers were engaged in employment related to the production
of business aircraft. The worker group includes on-site leased
workers from Aerotek, ATSI, Cantec, CTS, DACA, DDS/Johnson
Group, Foster Design, Genesis Corp, Hirematch, Hi-Tek, Inconen,
JSfirm, Normatec, PDS, Precision Personnel, Rodenburg Group,
S.M.A.R.T, Strom, TAD and Wyatt and Associates.
The investigation revealed that workers of Learjet, Inc.,
Wichita Division, who are engaged in employment related to
production of business aircraft, meet the criteria for
certification.
Criterion I has been met because a significant number of
the workers have become separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country articles which are like or
directly competitive with the articles produced by the firm.
Criterion III has been met because the acquisition of
articles by Learjet, Inc., Wichita Division contributed
importantly to worker separations at the Wichita, Kansas
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Learjet, Inc.,
Wichita Division, Wichita, Kansas meet the worker group
certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Learjet, Inc., Wichita Division, including
on-site leased workers of Aerotek, ATSI, Cantec, CTS, DACA,
DDS/Johnson Group, Foster Design, Genesis Corp, Hirematch,
Hi-Tek, Inconen, JSfirm, Normatec, PDS, Precision
Personnel, Rodenburg Group, S.M.A.R.T, Strom, TAD and Wyatt
and Associates, Wichita, Kansas, who became totally or
partially separated from employment on or after August 26,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 16th day of April, 2010
/s/Michael Jaffe
_____________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance