Petitioner Type: State
Impact Date: 08/31/2019
Filed Date: 09/01/2020
Most Recent Update: 11/27/2020
Determination Date: 11/27/2020
Expiration Date: 11/27/2022
Employment and Training Administration
TA-W-96,167
AERO-TECH ENGINEERING, INC.
MAIZE, 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(b) of the Act, 19 U.S.C. § 2272(b), can be satisfied if
the following criteria are met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm have
become totally or partially separated, or are threatened to
become totally or partially separated;
(2) the workers' firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act,
19 U.S.C. § 2272(a), and such supply or production is related
to the article or service that was the basis for such
certification; and
(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to the
workers' separation or threat of separation.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
term "Supplier" as "a firm that produces and supplies directly to
another firm component parts for articles, or services used in the
production of articles or in the supply of services, as the case may
be, that were the basis for a certification of eligibility under
subsection (a) [of Section 222 of the Act] of a group of workers
employed by such other firm."
The investigation was initiated in response to a petition filed
on September 1, 2020 by a state workforce office on behalf of
workers and former workers of Aero-Tech Engineering, Inc., Maize,
Kansas (Aero-Tech). The workers' firm is engaged in activities
related to the production of aircraft parts.
During the course of the investigation, information was
collected from the petition, the workers' firm, and other sources.
Section 222(b)(1) has been met because a significant number or
proportion of the workers in Aero-Tech have become totally or
partially separated, or are threatened to become totally or
partially separated.
Section 222(b)(2) has been met because Aero-Tech is a Supplier
to a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act, 19
U.S.C. § 2272(a), and such supply is related to the finished article
that was the basis for such certification.
Section 222(b)(3)(A) has been met because the aircraft parts
produced for the afore-referenced firm accounted for at least 20
percent of the production or sales of Aero-Tech.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Aero-Tech, who are
engaged in activities related to the production of aircraft parts,
meet the worker group certification criteria under Section 222(b) of
the Act, 19 U.S.C. § 2272(b). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of Aero-Tech Engineering, Inc., Maize, Kansas,
who became totally or partially separated from employment on or
after August 31, 2019 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 27th day of November 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance