Denied
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TAW-60681A  /  Boeing Company (The) (Oak Ridge, TN)

Petitioner Type: Unknown
Impact Date:
Filed Date: 12/29/2006
Most Recent Update: 02/21/2007
Determination Date: 02/21/2007
Expiration Date:

Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-60,681

THE BOEING COMPANY
OAK RIDGE
BOEING COMMERCIAL AIRPLANE COMPANY
COMMERICAL AIRCRAFT COMPONENTS
OAK RIDGE, TENNESSEE

And

TA-W-60,681A

THE BOEING COMPANY
OAK RIDGE
BOEING COMMERCIAL AIRPLANE COMPANY
CENTRIFUGE MACHINE COMPONENTS
OAK RIDGE, TENNESSEE

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 group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free
trade agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on December 29, 2006 in
response to a petition filed by the American Federated Labor and
Congress of Industrialized Organizations; Tennessee Chapter on
behalf of workers of The Boeing Company, Oak Ridge, Boeing
Commercial Airplane Company, Oak Ridge, Tennessee. The workers
at the subject firm produce commercial aircraft components and
centrifuge machine components; they are separately identifiable
by product.
Commercial Aircraft Components (TA-W-60,681):
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation further revealed that the subject firm
had a certification (TA-W-55,205) which expired on August 27,
2006.
Additionally, the investigation revealed that the
predominant cause of worker separations during the relevant
period is unrelated to imports or a shift in production of
commercial aircraft components to any foreign country. The
predominant cause of worker separations at the subject firm is
attributable to a worker strike. During this strike the subject
firm transferred production to other domestic locations in order
to keep production levels steady.
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.

Centrifuge Machine Components (TA-W-60,681A):
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The investigation revealed that total employment at the
subject firm increased from 2005 to 2006.
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 in this case, I determine
that all workers of The Boeing Company, Oak Ridge, Boeing
Commercial Airplane Company, Commercial Aircraft Components, Oak
Ridge, Tennessee (TA-W-60,681) and The Boeing Company, Oak
Ridge, Boeing Commercial Airplane Company, Centrifuge Machine
Components, Oak Ridge, Tennessee (TA-W-60,681A) 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 21st day of February, 2007



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