Petitioner Type: Company
Impact Date: 10/31/2003
Filed Date: 11/09/2005
Most Recent Update: 11/17/2005
Determination Date: 11/17/2005
Expiration Date: 12/27/2007
Employment and Training Administration
TA-W-58,298
MESSIER SERVICES, INC.
A SUBSIDIARY OF SAFRAN GROUP
STERLING, VIRGINIA
Notice of Revised Determination
on Reconsideration
On November 30, 2005, the Department of Labor issued a
Notice of Affirmative Determination Regarding Application for
Reconsideration applicable to the subject firm. The Notice will
soon be published in the Federal Register.
During the initial investigation, the Department found that
workers are engaged in the repair and overhaul of landing gear
and hydraulics components and the predominant cause of worker
separations is the shift of landing gear and hydraulics repair
services to an affiliated facility in Mexico.
During the reconsideration investigation, it was found that
bushings were manufactured at the Sterling, Virginia facility
during the relevant period. The investigation also revealed that
the subject company is shifting half of the Sterling, Virginia
production to Europe and will shift the remaining half to Mexico
in 2006. The investigation also revealed that the subject
company will send the finished product from Europe and Mexico to
its customers in the United States.
The investigation also revealed that all criteria have been
met in regard to alternative trade adjustment assistance. A
significant number or proportion of the worker group are age
fifty years or over and workers possess skills that are not
easily transferable. Competitive conditions within the industry
are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that a shift of production to Europe
and Mexico followed by increased imports of bushings contributed
importantly to worker separations at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Messier Services, Inc., A Subsidiary of the
Safran Group, Sterling, Virginia, who became totally or
partially separated from employment on or after October 31,
2003, through two years from the date of this certification,
are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also eligible
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C. this 27th day of December 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,298
MESSIER SERVICES, INC.
A SUBSIDIARY OF THE SAFRAN GROUP
STERLING, VIRGINIA
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 9, 2005 in
response to a petition filed by a company official on behalf of
workers at Messier Services, Inc., a subsidiary of The Safran
Group, Sterling, Virginia. The workers at the subject firm are
engaged in the repair and overhaul of landing gear and hydraulics
components for unaffiliated customers.
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 domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that although production of an article(s) occurred within
the firm or appropriate subdivision, the workers at the Sterling
facility do not directly support this production. The workers
repair landing gear and hydraulics components. Thus the worker
group can not be considered import impacted or affected by a shift
in production of an article.
The predominant cause of worker separations is the shift of
landing gear and hydraulics repair services to an affiliated
facility in Mexico which it is anticipated will be fully
operational in 2007.
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 assis-
tance (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
Messier Services, Inc., a subsidiary of The Safran Group,
Sterling, Virginia 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 17th day of November, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance