Petitioner Type: Workers
Impact Date:
Filed Date: 07/07/2005
Most Recent Update: 07/29/2005
Determination Date: 07/29/2005
Expiration Date:
Employment and Training Administration
TA-W-57,512
US AIRWAYS, INC.
MYRTLE BEACH, SOUTH CAROLINA
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 July 7, 2005, in response
to a petition filed on behalf of workers of US Airways, Inc.,
Myrtle Beach, South Carolina. The workers are fleet service
agents, engaged in airfreight handling at airports (i.e.- loading
and unloading of aircraft freight/baggage).
The investigation revealed that US Airways, Inc., Myrtle
Beach, South Carolina, 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 fleet service agents described above 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 in this investigation, I
determine that all workers of US Airways, Inc., Myrtle Beach, South
Carolina are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 29th day of July 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance