Petitioner Type: Workers
Impact Date:
Filed Date: 10/18/2004
Most Recent Update: 11/30/2004
Determination Date: 11/30/2004
Expiration Date:
Employment and Training Administration
TA-W-55,810
HONEYWELL, INC.
HONEYWELL HOBBS DIVISION
DRAFTING AND DESIGN DEPARTMENT
SPRINGFIELD, ILLINOIS
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 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, 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 October 18, 2004, in
response to a petition filed on behalf of workers of Honeywell
International, Inc., Honeywell Hobbs Division, Drafting and Design
Department, Springfield, Illinois. The subject workers provided
design, drafting and layout work for design and modification of
vehicle components produced by Honeywell International, Inc.,
Honeywell Hobbs Division.
The investigation revealed that I.B. and II.B. have not been
met.
The petitioners allege a shift in production of drafting work
to India; however, the trade adjustment program does not cover
performance of services unless the work is related to production of
the workers' firm, and the workers producing a product are trade
adjustment assistance (TAA) certifiable.
Sales and production of vehicle components produced by
Honeywell International, Inc., Honeywell Hobbs Division increased
in 2003 compared to 2002 and in January through September 2004
compared to the same period in 2003.
The company did not shift production from the subject facility
to a foreign facility, nor did it import products like or directly
competitive with those produced by Honeywell International, Inc.,
Honeywell Hobbs Division, 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 assist-
ance (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
Honeywell International, Inc., Honeywell Hobbs Division, Drafting
and Design Department, Springfield, Illinois 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 November 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance