14 C.F.R. Subpart B—Determination of Qualifying Dislocation
Title 14 - Aeronautics and Space
A proceeding to determine whether a bankruptcy or major contraction is a qualifying dislocation begins either with an application filed with the Department or an investigation on DOT's own initiative. Proceedings that begin with an application are governed by §§314.11 through 314.16. DOT-initiated proceedings are governed by §§314.14 through 314.16. (a) Who may file. An application may be filed by an employee who has been deprived of employment or adversely affected with respect to compensation, or by a representative of one or more such employees. (b) Title and contents. Applications shall be titled “Application for Determination of Qualifying Dislocation,” and shall contain, with respect to at least one employee: (1) Name and address of the employee; (2) Number of years employed by carrier as of October 24, 1978; (3) Name and address of the applicant, if different from paragraph (b)(1); (4) Name of carrier-employer; (5) Position held by employee immediately before being deprived of employment or adversely affected with respect to compensation; (6) Date on which employee was deprived of employment or adversely affected with respect to compensation; and (7) An explanation of the applicant's basis for claiming that a qualifying dislocation has occurred, including all supporting evidence available to the applicant. (c) Service. The Department will serve a copy of each application on the affected carrier, the collective bargaining representatives of that carrier's employees, the Secretary of Labor, and any State agencies that are acting as agents of the Secretary of Labor to administer the Employee Protection Program.
Title 14: Aeronautics and Space
PART 314—EMPLOYEE PROTECTION PROGRAM
Subpart B—Determination of Qualifying Dislocation
§ 314.10 Beginning of proceeding.
§ 314.11 Applications.
§ 314.12 Answers.
Any person may file an answer to an application within 15 days after the application is served.
§ 314.13 Disposition of applications.
(a) After the due date for answers, the Department will dismiss the application or begin an investigation to determine whether a qualifying dislocation has occurred.
(b) The Department will dismiss an application if it does not name an employee who, on October 24, 1978, had been employed by a carrier for at least 4 years.
(c) The Department will dismiss an application if the carrier has neither become bankrupt nor undergone a major contraction.
(d) The Department will dismiss an application even though the carrier has become bankrupt or undergone a major contraction, if it finds that the bankruptcy or major contraction clearly did not have as its major cause the change in regulatory structure provided by the Airline Deregulation Act.
(e) A DOT order dismissing an application will announce the reasons for the dismissal.
§ 314.14 Show-cause order.
When the Department makes a preliminary determination of whether the major cause of the bankruptcy or major contraction was the change in regulatory structure provided by the Airline Deregulation Act of 1978, it will issue an order announcing a tentative decision that a qualifying dislocation has, or has not, occurred. The order will direct all interested persons to show cause why the tentative decision should not be made final, and will allow 30 days for objections to be filed. The Department will publish a summary of the order in the
(a) The applicant and the applicant's representative, if any;
(b) The affected carrier;
(c) The collective bargaining representatives of the carrier's employees; and
(d) The Secretary of Labor;
(e) State agencies that are acting as agents of the Secretary of Labor to administer the Employee Protection Program.
§ 314.15 Oral proceedings.
The Department will provide for an oral evidentiary hearing, with notice published in the
§ 314.16 Final determination.
The Department will publish in the
