Petitioner Type: Workers
Impact Date:
Filed Date: 03/16/2006
Most Recent Update: 04/05/2006
Determination Date: 04/05/2006
Expiration Date:
Employment and Training Administration
TA-W-59,037
DELTA AIR LINES, INC.
TECHNICAL OPERATIONS
HARTSFIELD-JACKSON ATLANTA INTERNATIONAL AIRPORT
ATLANTA, GEORGIA
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 16, 2006, in response
to a petition filed on behalf of workers of Delta Air Lines, Inc.,
Technical Operations, Hartsfield-Jackson Atlanta International
Airport, Atlanta, Georgia. Workers of the subject firm are engaged
in aircraft maintenance.
The investigation revealed that Delta Air Lines, Inc.,
Technical Operations, Hartsfield-Jackson Atlanta International
Airport, 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 aircraft 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, I determine that all workers of Delta
Air Lines, Inc., Technical Operations, Hartsfield-Jackson Atlanta
International Airport, Atlanta, Georgia are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C., this 4th day of April 2006
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance