[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR314.20]



[Page 340-341]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 314_EMPLOYEE PROTECTION PROGRAM--Table of Contents

 

                      Subpart C_Major Contractions

 

Sec. 314.20  Regular monthly computation.





    (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



[[Page 341]]



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.