Petitioner Type: Company
Impact Date:
Filed Date: 07/09/2004
Most Recent Update: 07/26/2004
Determination Date: 07/26/2004
Expiration Date:
Employment and Training Administration
TA-W-55,214
LUFTHANSA GERMAN AIRLINES
FINANCE ADIMINSTRATION
EAST MEADOW, NEW YORK
Negative Determination 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 investigation was initiated on June 9, 2004 in response to
a petition filed on behalf of workers of Lufthansa German Airlines,
Finance Administration, East Meadow, New York. The workers
performed accounting functions such as issuing checks and writing
financial statements.
The investigation revealed that Lufthansa German Airlines,
Finance Administration, East Meadow, New York does not produce an
article within the meaning of Section 222(a)(2) of the Act. In
order to be considered eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, the worker group
seeking certification (or on whose behalf certification is being
sought) must work for a "firm" or appropriate subdivision that
produces an article and there must be a relationship between the
workers' work and the article produced by the workers' firm or
appropriate subdivision. The petitioning worker group seeking
certification does not support a firm or appropriate subdivision
that produces an article and thus the worker group can not be
considered import impacted or affected by a shift in production of
an article.
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
Lufthansa German Airlines, Finance Administration, East Meadow, New
York 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 26th day of July 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance