Petitioner Type: State
Impact Date: 09/21/2020
Filed Date: 09/22/2020
Most Recent Update: 12/21/2020
Determination Date: 12/21/2020
Expiration Date: 12/21/2022
Employment and Training Administration
TA-W-96,300
COLLINS AEROSPACE
WINDSOR LOCKS, CONNECTICUT
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA
petition dated September 21, 2020 and filed on September 22,
2020 by a State Workforce Office, on behalf of workers and
former workers of Collins Aerospace, Windsor Locks, Connecticut
(hereafter referred to as the "worker group"). In accordance
with 20 C.F.R. 618.110 a worker group is defined as,
"...inclusive of teleworkers and staffed workers."
The worker group is engaged in activities related to the
production of aerospace management systems and are not
separately identifiable by product.
The petition alleged that worker separations, or threats
thereof, were due to foreign trade as production is being moved
to Russia and the United Kingdom. According to the firm's
website, "Created in 2018 by bringing together UTC Aerospace
Systems and Rockwell Collins..."
The worker group known as UTC Aerospace Systems, Air
Management Systems division, a subsidiary of United
Technologies Corporation, Windsor Locks, Connecticut was
certified eligible to apply for TAA on September 20, 2018
under petition number TA-W-94,054. As mentioned above, Collins
Aerospace is the creation of UTC Aerospace Systems and
Rockwell Collins coming together.
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
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:
Employment Criterion
(1) A significant number or proportion of the workers in
such workers' firm have become totally or partially
separated, or are threatened to become totally or
partially separated.
20 C.F.R. 618.225(b)(2)(i)(B) states that an "analysis of
separation data must generally consist of a: "(1) Comparison of
employment on the petition date to employment on the date that
is 1 year prior to the petition date; (2) Review of employment
activity during the 1-year period prior to the petition date;
and (3) Review of evidence provided by the workers' firm
regarding actual and threatened separations that occur, or are
scheduled to occur, after the petition date."
The Department determines that the employment criterion
has been met.
Shift/Acquisition Criterion
(2)(B)(i)(I) there has been a shift by the workers' firm to
a foreign country in the production of articles or the
supply of services like or directly competitive with
articles which are produced or services which are
supplied by such firm; or
(II) such workers' firm has acquired from a foreign
country articles or services that are like or directly
competitive with articles which are produced or
services which are supplied by such firm;
According to 20 C.F.R. 618.225(b)(2)(ii)(B), "Analysis of
shift data must generally consist of a: (1) Comparison of
shift/acquisition data on the petition date to shift/acquisition
data that is 1 year prior to the petition date; (2) Review of
shift/acquisition activity during the 1-year period prior to the
petition date; and (3) Review of evidence provided by the
workers' firm regarding shift/acquisition activity scheduled to
occur after the petition date."
The Department determines that the shift criterion has been
met.
Contributed Importantly Criterion
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines
contributed importantly as "a cause that is important but not
necessarily more important than any other cause."
According to 20 C.F.R. 618.225(b)(2)(iii), "(A) Analysis of
impact of shift activity on worker separations must generally
consist of determining: (1) Whether there are one or more events
or factors that sever or lessen the causal nexus between the
shift activity and worker separations or threat of separation;
(2) What percentage of the workers' firm sales or production
declines was attributable to the firm's shift activity; (3)
Whether operations at the workers' firm domestic facility or
facilities decreased at the same or at a greater rate than
operations at the foreign facility or facilities; and (4)
Whether there are other events or factors that mitigate or
amplify the impact of shift activity on the workers' firm. (B)
The impact may be determined using a quantitative or qualitative
analysis."
The Department determines that the contributed importantly
criterion has been met.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Collins Aerospace,
Windsor Locks, Connecticut, who are engaged in activities
related to the production of aerospace management systems 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 Collins Aerospace, Windsor Locks,
Connecticut, who became totally or partially separated from
employment on or after September 21, 2020 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 21st day of December 2020.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance