DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,255
AURORA SYSTEMS, INC.
ERIE, PENNSYLVANIA

TA-W-50,255A
AURORA SYSTEMS, INC.
ROCHESTER, NEW YORK

TA-W-50,255B
AURORA SYSTEMS, INC.
BUFFALO, NEW YORK

Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualify as adversely
affected secondary workers acting as downstream producers for a
firm or subdivision primarily affected by increased imports from
Canada or Mexico or a shift of production to Canada or Mexico.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and

(3) either—

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or

(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

The investigation revealed that criterion (2) has not been
met.
Petitioners allege that job losses were due to their firm
losing business as an upstream supplier of component parts for
articles that were the basis for certification of eligibility
for Trade Adjustment Assistance, or as a downstream producer for
firms that have increased imports from Canada or Mexico or
shifted production to Canada or Mexico. The investigation
revealed, however, that was not the case.
Workers at the subject firm are engaged in manufacturing
overhead traveling cranes, crane rebuilding, installation, and
service contracting. They do not produce component parts
incorporated into articles produced by a primary firm, nor do
they perform additional, value added production processes on
articles produced by a primary firm.
Conclusion
After careful review, I determine that all workers covered
by this petition of Aurora Systems, Inc. located in Erie,
Pennsylvania (T-W-50,255), Rochester, New York (TA-W-50,255A)
and Buffalo, New York (TA-W-50,255B) do not qualify as adversely
affected secondary workers and are denied eligibility to apply
for adjustment assistance under section 223(b) of the Trade Act
of 1974 as amended.
Signed at Washington, D.C., this 20th day of December 2002.



/s/Richard Church __
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance