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-96,171
TEXTRON AVIATION INC.
A SUBSIDIARY OF TEXTRON INC.
INCLUDING ON-SITE LEASED WORKERS FROM PDS TECH INC., APA
SERVICES, AND AVIATION CONSULTING EXPERTS INC.
INDEPENDENCE, 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 "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
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 Textron Aviation Inc., a
subsidiary of Textron Inc., Independence, Kansas (Textron
Aviation-Independence). The workers' firm is engaged in
activities related to the production of general aviation
aircraft, including turboprops and piston aircraft. The subject
worker group includes on-site leased workers from PDS Tech
Inc., APA Services, and Aviation Consulting Experts Inc.
The petition alleges that worker separations at Textron
Aviation-Independence are related to Textron Aviation Inc., a
subsidiary of Textron Inc., Wichita, Kansas (TA-W-96,064).
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 Textron Aviation-
Independence have become totally or partially separated, or are
threatened to become totally or partially separated.
Section 222(b)(2) has been met because Textron Aviation-
Independence is a Downstream Producer to a firm (or subdivision,
whichever is applicable) 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 production is related to
the actual finished article or service that was the basis for
such certification.
Section 222(b)(3)(B) has been met because the loss of
business with the afore-referenced firm contributed
importantly to worker separations at Textron Aviation-
Independence.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Textron Aviation-
Independence, who are engaged in activities related to the
production of general aviation aircraft, 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 Textron Aviation Inc., a subsidiary of
Textron Inc., including on-site leased workers from PDS
Tech Inc., APA Services, and Aviation Consulting Experts
Inc., Independence, 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