Petitioner Type: Union
Impact Date:
Filed Date: 11/02/2005
Most Recent Update: 12/19/2005
Determination Date: 12/19/2005
Expiration Date:
Employment and Training Administration
TA-W-58,250
INDEPENDENCE AIRLINES
DULLES INTERNATIONAL AIRPORT
DULLES, VIRGINIA
INCLUDING DIVISIONS AT THE FOLLOWING LOCATIONS
TA-W-58,250A DETROIT WAYNE COUNTY AIRPORT
DETROIT, MICHIGAN
TA-W-58,250B PORT COLUMBUS INTERNATIONAL AIRPORT
COLUMBUS, OHIO
TA-W-58,250C ORLANDO INTERNATIONAL AIRPORT
ORLANDO, FLORIDA
TA-W-58,250D JACKSONVILLE INTERNATIONAL AIRPORT
JACKSONVILLE, FLORIDA
TA-W-58,250E LOGAN INTERNATIONAL AIRPORT
BOSTON, MASSACHUSETTS
TA-W-58,250F WEST PALM BEACH INTERNATIONAL AIRPORT
WEST PALM BEACH, FLORIDA
TA-W-58,250G NEWARK INTERNATIONAL AIRPORT
NEWARK, NEW JERSEY
TA-W-58,250H ALLEGHENY COUNTY AIRPORT
PITTSBURGH, PENNSYLVANIA
TA-W-58,250I CHICAGO O'HARE INTERNATIONAL AIRPORT
CHICAGO, ILLINOIS
TA-W-58,250J TAMPA INTERNATIONAL AIRPORT
TAMPA, FLORIDA
TA-W-58,250K HOPKINS INTERNATIONAL AIRPORT
CLEVELAND, OHIO
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 November 2, 2005, in
response to a petition filed by the Aircraft Mechanics Fraternal
Association on behalf of workers of Independence Airlines,
headquartered in Dulles, Virginia, including locations as listed
above. The workers (mechanics, pilots, flight attendants, customer
service representatives, and managers) were engaged in activities
in support of commercial passenger airline transportation.
The investigation revealed that workers at the aforementioned
locations do 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 employees 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, I determine that all workers of
Independence Airlines, headquartered in Dulles, Virginia (TA-W-
58,250), including divisions at the following locations: Detroit
Wayne County Airport, Detroit, Michigan (TA-W-58,250A), Port
Columbus International Airport, Columbus, Ohio (TA-W-58,250B),
Orlando International Airport, Orlando, Florida (TA-W-58,250C),
Jacksonville International Airport, Jacksonville, Florida (TA-W-
58,250D), Logan International Airport, Boston, Massachusetts (TA-W-
58,250E), West Palm Beach International Airport, West Palm Beach,
Florida (TA-W-58,250F), Newark International Airport, Newark, New
Jersey (TA-W-58,250G), Allegheny County Airport, Pittsburgh,
Pennsylvania (TA-W-58,250H), Chicago O'Hare International Airport,
Chicago, Illinois (TA-W-58,250I), Tampa International Airport,
Tampa, Florida (TA-W-58,250J), Hopkins International Airport,
Cleveland, Ohio (TA-W-58,250K), 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 19th day of December 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance