DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,369

ABX AIR, INC.
WILMINGTON, 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 November 6, 2008, in
response to a petition filed on behalf of workers of ABX Air, Inc.,
Wilmington, Ohio. The workers provided freight sorting and
delivery services, including aircraft and airport building
maintenance, fueling, and administrative support activities (staff
training, accounting, information systems, and human resources).
The investigation revealed that ABX Air, Inc., Wilmington,
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 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
freight sorting and delivery service workers described above 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 ABX Air,
Inc., Wilmington, 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 2nd day of December 2008


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