Petitioner Type: Workers
Impact Date:
Filed Date: 03/01/2006
Most Recent Update: 03/14/2006
Determination Date: 03/14/2006
Expiration Date:
Employment and Training Administration
TA-W-58,933
DELTA AIRLINES INC.
MAINTENANCE DEPARTMENT
PORTLAND, OREGON
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 March 1, 2006 in
response to a petition filed on behalf of workers of Delta
Airlines Inc., Maintenance Department, Portland, Oregon. The
workers conduct maintenance on aircraft.
The investigation revealed that Delta Airlines Inc.,
Maintenance Department, Portland, Oregon, 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
maintenance workers 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 obtained in this
investigation, I determine that all workers of Delta Airlines
Inc., Maintenance Department, Portland, Oregon, 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 as amended.
Signed in Washington, D.C., this 14th day of March, 2006.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance