Petitioner Type: Workers
Impact Date:
Filed Date: 05/24/2005
Most Recent Update: 06/14/2005
Determination Date: 06/14/2005
Expiration Date:
Employment and Training Administration
TA-W-57,245
DELTA AIR LINES
TECHNICAL OPERATIONS
ATLANTA, GEORGIA
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 investigation was initiated on May 24, 2005, in response
to a petition filed on behalf of workers at Delta Air Lines,
Technical Operations, Atlanta, Georgia. The workers at the subject
firm perform maintenance in accordance with approved manuals and
methods of routine and non-routine maintenance, preventative
maintenance, and alterations on Delta (Boeing) aircrafts.
The investigation revealed that Delta Air Lines, Technical
Operations, Atlanta, Georgia 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 workers at the subject firm perform maintenance on Boeing
aircrafts purchased by Delta Air Lines; furthermore, they do not
support a firm or appropriate subdivision that produces an article
domestically 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 of the facts obtained in this
investigation, I determine that all workers of Delta Air Lines,
Technical Operations, Atlanta, Georgia 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 14th day of June 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance