Denied
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TAW-59495  /  PACE Airlines, Inc. (Winston Salem, NC)

Petitioner Type: Workers
Impact Date:
Filed Date: 06/01/2006
Most Recent Update: 06/16/2006
Determination Date: 06/16/2006
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,495

PACE AIRLINES, INC.
WINSTON SALEM, NORTH CAROLINA

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 June 1, 2006, in
response to a petition filed by on behalf of workers of Pace
Airlines, Inc., Winston Salem, North Carolina. The workers are
aircraft pilots, flight attendants, and maintenance staff.
The workers applying for Trade Adjustment Assistance are
Pace Airlines, Inc. employees contracted to Hooters Airlines for
tour operations.
The investigation revealed that Pace Airlines, Inc.,
Winston Salem, North 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 aircraft crewmembers and
maintenance staff 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 Pace
Airlines, Inc., Winston Salem, North Carolina 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 16th day of June, 2006


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance