DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,205

THE BOEING COMPANY
FABRICATION DIVISION
BOEING-OAK RIDGE, INC.
OAK RIDGE, TENNESSEE

Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Reconsideration

By letter dated September 27, 2004, a representative of the
Tennessee AFL-CIO requested administrative reconsideration
regarding Alternative Trade Adjustment Assistance (ATAA). The
certification for Trade Adjustment Assistance was signed on
August 27, 2004. The Notice of determination was published in
the Federal Register on September 23, 2004 (69 FR 57095).
The initial investigation determined that subject worker
group possess skills that are easily transferable.
The petitioner provided new information to show that that
the workers possess skills that are not easily transferable.
The initial investigation revealed that at least five
percent of the workforce at the subject from is at least fifty
years of age and competitive conditions within the industry are
adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of at The Boeing Company, Fabrication Division,
Boeing-Oak Ridge, Inc., Oak Ridge, Tennessee, who became
totally or partially separated from employment on or after
April 23, 2004 through August 27, 2006, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed in Washington, D.C. this 1st day of October 2004.

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,205

THE BOEING COMPANY
FABRICATION DIVISION
BOEING-OAK RIDGE, INC.
OAK RIDGE, TENNESSEE

Certification Regarding Eligibility to Apply for
Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade 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 a secondarily affected
worker group.
The investigation was initiated on July 7, 2004 in response to
a petition filed by a union official on behalf of workers at The
Boeing Company, Fabrication Division, Boeing-Oak Ridge, Inc., Oak
Ridge, Tennessee. The workers at the subject facility produce
commercial aircraft parts and assemblies.
The investigation revealed that sales, production and
employment at The Boeing Company, Fabrication Division, Boeing-Oak
Ridge, Inc., Oak Ridge, Tennessee decreased during 2002, 2003 and
again during the period of January through June 2004 compared to
the same period in 2003.
The investigation revealed that the subject facility supplied
commercial aircraft parts and assemblies used in the production of
commercial aircrafts, and a loss of business with a manufacturer
(whose workers were certified eligible to apply for adjustment
assistance) contributed importantly to the workers separation or
threat of separation.
The workers were under an existing TAA certification which
expired on April 22, 2004.
In addition, in accordance with Section 246 of 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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion (2) has not been
met.
The investigation revealed that the workers at the subject
firm possess skills that are easily transferable to other
positions.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of the The Boeing Company,
Fabrication Division, Boeing-Oak Ridge, Inc., Oak Ridge, Tennessee
qualify as adversely affected secondary workers under Section 222
of the Trade Act of 1974, as amended. In accordance with the
provisions of the Act, I make the following certification:
“All workers of The Boeing Company, Fabrication Division,
Boeing-Oak Ridge, Inc., Oak Ridge, Tennessee who became
totally or partially separated from employment on or after
April 23, 2004, through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974." and
“I further determine that all workers of The Boeing Company,
Fabrication Division, Boeing-Oak Ridge, Inc., Oak Ridge,
Tennessee are denied eligibility for Alternative Trade
Adjustment Assistance under Section 246 of the Trade Act of
1974.”
Signed at Washington, D.C., this 27th day of August 2004.

/s/ Elliott S. Kushner

__
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance