Petitioner Type: Union
Impact Date:
Filed Date: 06/25/2004
Most Recent Update: 07/30/2004
Determination Date: 07/30/2004
Expiration Date:
Employment and Training Administration
TA-W-55,144
THE BOEING AIRCRAFT COMPANY
INTEGRATED DEFENSE SYSTEMS
WICHITA, KANSAS
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 competi-
tive 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, 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 June 25, 2004 in
response to a petition filed by the International Association of
Machinists & Aerospace Workers, AFL-CIO, on behalf of workers of
The Boeing Aircraft Company, Integrated Defense Systems,
Wichita, Kansas. The workers produce Military Aircraft and
parts, and provide technical support to the military production.
Workers at the Boeing Wichita Development and Modification
Center, located in the Integrated Defense Systems division, were
denied eligibility to apply for adjustment assistance on March
23, 2004 (TA-W-54,274).
This investigation revealed that criteria I.A and II.A have
not been met.
There have been no declines in employment within the
Integrated Defense Systems worker group during the relevant
period.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor
herein presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of The
Boeing Aircraft Company, Integrated Defense Systems, Wichita,
Kansas are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 30th day of July, 2004.
/s/ Richard Church
______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance