14 C.F.R. Subpart C—Major Contractions
Title 14 - Aeronautics and Space
(a) The Department will monitor the number of full-time employees of each carrier, including employees deprived of employment because of a strike, as reported monthly by carriers in accordance with part 241 of this chapter. (b) The DOT does not require monthly reporting of the number of positions that are vacant as a result of terminations for cause and, except as set forth in paragraph (c)(3) of this section, will not account for those positions in computing major contractions. In the cases set forth in paragraphs (c)(1) and (c)(2) of this section, the DOT presumes that the number of employment positions vacant as a result of terminations for cause is small enough that accounting for them would not change the result. (c) Each month, with respect to each carrier: (1) If the carrier's current reported full-time employment level is 92 percent or less of any of the carrier's preceding 12 monthly levels, DOT will find that the carrier has undergone a major contraction. (2) If the current reported level is 93 percent or more of each of the carrier's preceding 12 monthly levels, the Department will not find that the carrier has undergone a major contraction. (3) If neither of the conditions described in paragraphs (c)(1) and (c)(2) of this section is present, the Department will ascertain by special report from the carrier, and add to the reported employment levels, the number of positions that were vacant in each of the relevant months as a result of terminations for cause. If the resulting figure for the current month is 92.5 percent or less of the resulting figure for any of the preceding 12 months, the Department will find that the carrier has undergone a major contraction. Otherwise, the Department will not make such a finding. (a) If circumstances indicate that a major contraction will occur, the Department may make an advance determination of a major contraction without waiting for the regular monthly computation set forth in §314.20. The Department will consider whether to make an advance determination either on its own initiative or upon receipt of an application from an employee who has been deprived of employment or adversely affected with respect to compensation, or a representative of one or more such employees. (b) An application under this section shall be titled “Application for Advance Determination of Major Contraction.” It shall contain the information set forth in §314.11 (b)(1) through (b)(6) and an explanation of the applicant's basis for claiming that a major contraction will occur, including all supporting evidence available to the applicant. A person may consolidate an application under this section with an application under §314.11 for determination of a qualifying dislocation. (c) The Department will terminate an advance determination of major contraction whenever it finds that the predicted major contraction has not occurred or will not occur. Upon finding a major contraction under §314.20, or making or terminating an advance determination under §314.21, the Department will publish the finding in the
Title 14: Aeronautics and Space
PART 314—EMPLOYEE PROTECTION PROGRAM
Subpart C—Major Contractions
§ 314.20 Regular monthly computation.
§ 314.21 Advance determinations.
§ 314.22 Notice of major contraction.
