DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,019

HONEYWELL AEROSPACE
AEROSPACE – DEFENSE & SPACE DIVISION
TETERBORO, NEW JERSEY

Notice of Negative Determination
on Reconsideration

On June 16, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on June 25, 2008 (73 FR 36119).
The initial investigation resulted in a negative
determination based on the finding that imports of displays,
processors, flight controls, software, and test equipment did not
contribute importantly to worker separations at the subject firm
and no shift of production to a foreign source occurred.
The United Automobile, Aerospace & Agricultural Implement
Workers of America, Local 153 filed a request for reconsideration
and alleged that Honeywell is “closing the Teterboro facility and
opening a facility in Mexicali, Mexico.”
The Department of Labor contacted a company official to
address the allegation that production was shifted from the subject
firm to Mexico. The company official confirmed that Honeywell
International has a production facility in Mexicali, Mexico.
However, it was revealed that the facility in Mexicali does not
manufacture articles like or directly competitive with products
manufactured at the subject facility. The company official stated
that although some production has been shifted by Honeywell from
the United States to foreign locations, the articles shifted are
not like or directly competitive with the articles manufactured by
Aerospace – Defense & Space Division in Teterboro, New Jersey. The
official stated that Honeywell Aerospace did not shift production
of defense avionics, flight controls, test equipment and displays
from the Teterboro facility to any overseas locations.
Furthermore, the official stated that the subject firm is ceasing
production since Honeywell “made a business decision to sell the
Teterboro property” and “consolidate the work into other US
locations.” Therefore, the worker separations at the subject firm
are the result of production being shifted from the subject
facility to other domestic locations.
The petitioner also alleged that the subject firm would cease
its production as a direct result of Honeywell importing products
from the facility in Mexico to the United States.
The company official stated that Honeywell Aerospace did not
import products like or directly competitive with defense avionics,
flight controls, test equipment manufactured at the subject
facility.


Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Honeywell
Aerospace, Aerospace – Defense & Space Division, Teterboro, New
Jersey.

Signed at Washington, D.C. this 15th day of July, 2008.

/s/ Elliott S. Kushner

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,019

HONEYWELL AEROSPACE
AEROSPACE – DEFENSE & SPACE DIVISION
TETERBORO, NEW JERSEY

Negative 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.

The investigation was initiated on March 18, 2008 in response
to a petition filed by United Automobile, Aerospace & Agricultural
Implement Workers of America International Union, Local 153 on
behalf of workers of Honeywell Aerospace, Aerospace – Defense &
Space Division, Teterboro, New Jersey. The workers produced
displays, processors, flight controls, software, and test equipment
for aircraft.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did not
import the products it manufactures at the Teterboro facility, nor
did it shift production of such products abroad during the relevant
periods. Although Honeywell has constructed technical laboratories
abroad, that work is not replacing work at the Teterboro plant.
The majority of the revenue of the subject firm is related to
classified defense contracts under which specified products are not
sourced abroad.
Sales at Honeywell Aerospace did not decline in 2007 compared
with 2006, and did not decline in January through February 2008
compared with the same period in 2007.
Separations at the Teterboro facility are due to the transfer
of production to other domestic facilities owned by the company.
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 Honeywell Aerospace,
Aerospace – Defense & Space Division, Teterboro, New Jersey 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 April 2008


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





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