DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,965

EATON AVIATION CORPORATION
AVIATION AND AEROSPACE COMPONENTS
INCLUDING ON-SITE LEASED WORKERS FROM
AORIST ENTERPRISES, INC. AND AEROTEK, INC.
AURORA, COLORADO

Amended Certification Regarding Eligibility
to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on May 1, 2007,
applicable to workers of Eaton Aviation Corporation, Aviation and
Aerospace Components, Aurora, Colorado. The notice was published
in the Federal Register on May 17, 2007 (72 FR 27854). The
certification was amended on July 15, 2008 to include on-site
leased workers from Aorist Enterprises. The notice was published
in the Federal Register on July 28, 2008 (73 FR 43788)
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of aviation and aerospace parts and
components.


New information shows that workers leased from Aerotek, Inc.
were employed on-site at the Aurora, Colorado location of Eaton
Aviation Corporation, Aviation and Aerospace Components. The
Department has determined that these workers were sufficiently
under the control of the subject firm to be considered leased
workers.
Based on these findings, the Department is amending this
certification to include workers leased from Aerotek, Inc.
working on-site at the Aurora, Colorado location of the subject
firm.
The intent of the Department’s certification is to include
all workers employed at Eaton Aviation Corporation, Aviation and
Aerospace Components who were adversely affected by a shift in
production of aviation and aerospace parts and components to
Mexico.


The amended notice applicable to TA-W-60,965 is hereby
issued as follows:
"All workers producing aviation and aerospace parts and
components at Eaton Aviation Corporation, Aurora,
Colorado, or engaged in the support of such production
including on-site leased workers of Aorist Enterprises,
Inc. and Aerotek, Inc. (TA-W-60,965), who became
totally or partially separated from employment on or
after February 13, 2006, through May 1, 2009, 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 at Washington, D.C., this 17th day of February 2009

/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,965
EATON AVIATION CORPORATION
AVIATION AND AEROSPACE COMPONENTS
AURORA, COLORADO

TA-W-60,965A
EATON AVIATION CORPORATION
GROUND SUPPORT EQUIPMENT
AURORA, COLORADO

Determinations 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.

In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met for workers producing aviation and
aerospace parts and components.
The investigation was initiated on February 15, 2007 in
response to a petition filed by a company official on behalf of
workers of Eaton Aviation Corporation, Aurora, Colorado. The
workers produce aviation and aerospace parts and components, and
also ground support equipment. Workers producing ground support
equipment are separately identifiable from the rest.
The investigation revealed that employment of both groups at
the subject facility declined in the relevant period.
The subject firm is currently shifting production of aviation
and aerospace parts and components produced at Aurora to Mexico, a
country which is party to a free trade agreement with the United
States.
With respect to workers producing ground support equipment,
the subject firm does not import such equipment, nor has it shifted
production abroad in the relevant periods. Additionally, the
Department of Labor surveyed the subject firm’s primary customers
regarding their purchases of ground support equipment in 2005 and
2006. All respondents reported no imports in these periods.
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 with respect to workers employed in
producing aviation and aerospace parts and components the
requirements of Section 246 have been met.
Conclusion
After careful review of the facts obtained in the investigation, I
determine that there was a shift in production from the workers’
firm or subdivision to Mexico of articles that are like or directly
competitive with those produced by the subject firm or subdivision.
In accordance with the provisions of the Act, I make the following
certification:
“All workers producing aviation and aerospace parts and
components at Eaton Aviation Corporation, Aurora, Colorado, or
engaged in the support of such production (TA-W-61,965), who
became totally or partially separated from employment on or
after February 13, 2006 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.”


Additionally, after careful review, I determine that all
workers engaged in the production of ground support equipment
(TA-W-61,965A) 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 1st day of May 2007


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance





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