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TAW-59820  /  Airfoil Technologies International-Ohio (Mentor, OH)

Petitioner Type: Union
Impact Date: 07/21/2005
Filed Date: 07/31/2006
Most Recent Update: 10/10/2006
Determination Date: 10/10/2006
Expiration Date: 10/10/2008

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,820

AIRFOIL TECHNOLOGIES INTERNATIONAL – OHIO
A SUBSIDIARY OF AIRFOIL TECHNOLOGIES INTERNATIONAL, LLC
MENTOR, OHIO


Notice of Revised Determination
on Reconsideration

By letter dated August 25, 2006, the United Steel Workers,
Local 1-826 (the Union), requested administrative reconsideration
regarding the Department’s Negative Determination Regarding
Eligibility to Apply for Worker Adjustment Assistance, applicable
to the workers of the subject firm. The determination for
Airfoil Technologies International – Ohio, A Subsidiary of
Airfoil Technologies International, LLC, Mentor, Ohio was issued
on August 7, 2006. The Notice of determination was published in
the Federal Register on August 28, 2006 (71 FR 50947). The
denial was issued based on the Department’s finding that the
subject workers do not produce an article as required by the
Trade Act of 1974. Workers are engaged in the remanufacturing of
jet engine components as a service to commercial airlines,
original equipment manufacturers and the military.
In the request for reconsideration, the Union alleges that
the subject workers are engaged in the production of an article
and that production shifted from the subject facility to an
affiliated facility in Singapore.
During the reconsideration investigation, the subject
company provided new information that the subject workers do not
service jet engine components only; rather, the subject workers
repair and remanufactured fan blades. The new information also
revealed that a meaningful portion of the fan blades are produced
for sale rather than repair. Workers who repair fan blades are
not separately identifiable from workers who remanufacture fan
blades.
The subject company also confirmed that the subject facility
began closure procedures in 2006 and that fan blade production is
shifting to an affiliated facility in Singapore (the production
shift will be completed in early 2007).
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
reconsideration investigation, I conclude that there was a shift
in production from the workers firm or subdivision to Singapore
of articles that are like or directly competitive with those
produced by the subject firm or appropriate subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Airfoil Technologies International – Ohio, A
Subsidiary of Airfoil Technologies International, LLC, Mentor,
Ohio who became totally or partially separated from employment
on or after July 21, 2005 through two years from the date of
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 10th day of October 2006.

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-30-P


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,820

AIRFOIL TECHNOLOGIES INTERNATIONAL – OHIO
A SUBSIDIARY OF AIRFOIL TECHNOLOGIES INTERNATIONAL, LLC
MENTOR, 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 July 12, 2006 in response
to a petition filed by the United Steelworkers of America, Local 1-
00826, on behalf of workers of Airfoil Technologies International –
Ohio, a subsidiary of Airfoil Technologies International, LLC,
Mentor, Ohio. The workers at the subject facility are engaged in
the remanufacturing of jet engine components as a service to
commercial airlines, original equipment manufacturers and the
military. The extent of the services they perform is in the
modification of said engines to the exact specifications as
provided by the manufacturers.
Airfoil Technologies International – Ohio, a subsidiary of
Airfoil Technologies International, LLC, Mentor, Ohio have
previously applied for certification (TA-W-58,944), that was denied
on March 16, 2006.
Airfoil Technologies International – Ohio, a subsidiary of
Airfoil Technologies International, LLC, Mentor, Ohio, 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 workers described above do not support
a firm or appropriate subdivision that produces an article
domestically and thus the worker group cannot 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 the
investigation, I determine that all workers of Airfoil Technologies
International – Ohio, a subsidiary of Airfoil Technologies
International, LLC, Mentor, Ohio, 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 7th day of August 2006



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





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