Petitioner Type: Company
Impact Date:
Filed Date: 03/18/2003
Most Recent Update: 05/07/2003
Determination Date: 05/07/2003
Expiration Date:
Employment and Training Administration
TA-W-51,197
THE BOEING COMPANY
INTEGRATED DEFENSE SYSTEMS DIVISION
PUEBLO, COLORADO
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on March 18, 2003 in response
to a petition filed by a company official on behalf of workers at
The Boeing Company, Integrated Defense Systems Division, located in
Pueblo, Colorado. The workers produced Delta II launch vehicles and
commercial blankets.
The investigation revealed that criteria I.A. and II.A. have
not been met.
Employment related to the production of Delta II launch
vehicles did not meet requirements relating to the minimum
threshold employment declines. In most cases the total or partial
separations, or both, in a firm or appropriate subdivision thereof,
should be the equivalent to a total unemployment of five percent (5
percent) of the workers or 50 workers (which ever is less) in order
to meet the threshold.
The workers engaged in the production of commercial blankets
were transferred to the production of Delta II launch vehicles
during the relevant period.
Layoffs are expected to occur as a result of the shift in
production of Delta II launch vehicles from the subject facility to
another company domestic facility and commercial blankets to
Mexico. However, the company official could not predict when future
layoffs related to shifts in production might occur.
Conclusion
After careful review, I determine that all workers of The
Boeing Company, Integrated Defense Systems Division, Pueblo,
Colorado are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as
amended.
Signed in Washington, D.C. this 7th day of May 2003
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance