[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20046]


[[Page Unknown]]

[Federal Register: August 16, 1994]


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DEPARTMENT OF LABOR
[TA-W-27,920]

 

Bell Helicopter; Fort Worth, TX; Negative Determination on Remand

    By an order dated April 29, 1994, the United States Court of 
International Trade (USCIT) in Former Employees of Bell Helicopter 
Textron v. United States, (USCIT 93-01-00024) remanded this case to the 
Department for further investigation.
    The workers under this petition were initially denied eligibility 
to apply for trade adjustment assistance on December 18, 1992. The 
negative determination was published in the Federal Register on January 
13, 1993 (58 FR 4186). The basis for that decision is the fact that the 
``contributed importantly'' test of the group eligibility requirements 
of the Trade Act was not met. The findings show that Bell Helicopter 
does not import publications which are produced in Fort Worth. The 
findings show that the production of manuals is done either by Bell 
Helicopter or contracted to domestic vendors.
    The court ordered the Department to investigate on remand where 
Bell Helicopters are now being produced and to determine whether any 
manuals are also being produced at the new helicopter production sites. 
The Court further ordered the Department to investigate whether manuals 
are being imported into the U.S. if it turns out that they are being 
produced abroad. The court also instructed the Department to obtain 
independent verification of Bell's statements that no English language 
manuals were being produced abroad and that no imported manuals were 
substituted for those formerly produced in Fort Worth.
    Item #1 of the petition identifies the group of workers petitioning 
for TAA as the writers and illustrators of the Technical Publications 
Department, AR 2. however, plaintiffs assert that the production of 
helicopters is linked to the production of manuals.
    Investigation findings show that during the period applicable to 
the petition, Bell Helicopter produced helicopters in Fort Worth, Texas 
and in Mirabel, Quebec, Canada. The Quebec facility products the 
commercial helicopters while the Fort Worth facility produces military 
and commercial helicopter components and assembles military helicopters 
for the U.S. Government, namely the Cobra and the OH58D--an observation 
helicopter.
    New findings on reconsideration show that Bell Canada in Mirabel, 
Quebec was opened in 1984 and is the final assembly for commercial 
helicopter models. The final assembly for commercial models 206B, 206L, 
212 and 412 was transferred to Bell Canada between June 1986 and 
September 1988. However, the manuals for models 206B, 206L, 212 and 412 
are produced at Fort Worth except for the manuals of 100 helicopters 
(model 412) sold to the Canadian Government. The Canadian Government 
mandated that the manuals be produced in Western Canada. The first 
effort to produce these manuals began in October, 1993 some 16 months 
after the layoff of the petitioners in June, 1992. According to Bell 
Helicopter officials, the plaintiffs' layoffs had absolutely nothing to 
do with the Canadian government purchase of the model 412s. 
Furthermore, some of the technical writing for these 100 manuals was 
returned to Fort Worth and Bell Helicopter has two technical 
publications employees assisting in the creation of these manuals. The 
completion of the 100 technical manuals is scheduled for January 1995.
    Bell Canada is also producing helicopter model 230 and will soon 
put model 430 into production. However, these models were never 
produced at Fort Worth. Furthermore, they are not like or directly 
competitive with the models that were transferred to Canada.
    Bell Canada or their subcontractors produce the manuals for models 
206B, 206L, 212 and 230. Changes to the manuals for the 230 model are, 
however, accomplished at Fort Worth. While some manuals for model 230 
are being imported into the U.S. they are not being substituted for the 
manuals formerly produced at Fort Worth.
    In response to the court's order, the Department asked the 
plaintiffs to provide evidence for their assertions that Bell has moved 
its manual production abroad and that imported manuals have replaced 
those formerly produced in Fort Worth. The plaintiffs asserted that 
some manuals are being produced in Alberta, Canada. However, according 
to Bell, these manuals are for model #230 which is not like or directly 
competitive with models formerly produced at Fort Worth. Furthermore, 
the plaintiffs also indicate that three Fort Worth employees are 
working on these manuals under a Canadian government contract. As noted 
above, this contract had nothing to do with the plaintiffs' layoffs. 
Consequently, the plaintiffs' responses do not provide a basis for 
certification.
    Other findings on reconsideration show that the Technical 
Publications Department's layoffs in 1992 were the result of company-
wide reduction in force caused by severe curtailments in production and 
cancellations or loss of programs from the Department of Defense.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for adjustment assistance for 
workers and former workers of Bell Helicopter, Fort Worth, Texas.

    Signed at Washington, D.C., this 5th day of August 1994.
Stephen A. Wandner,
Deputy Director, Office of legislation & Actuarial Service Unemployment 
Insurance Service.
[FR Doc. 94-20046 Filed 8-15-94; 8:45 am]
BILLING CODE 4510-30-M