Denied
« back to search results

TAW-64716  /  ABX Air, Inc. (Erie, PA)

Petitioner Type: Workers
Impact Date:
Filed Date: 12/17/2008
Most Recent Update: 12/24/2008
Determination Date: 12/24/2008
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,716

ABX AIR, INC.
ERIE, PENNSYLVANIA

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 December 17, 2008, in
response to a petition filed on behalf of workers of ABX Air, Inc.,
Erie, Pennsylvania. The workers performed freight transportation
support services.
The investigation revealed that ABX Air, Inc., Erie,
Pennsylvania, 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 at ABX Air, Inc., Erie, Pennsylvania 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 assis-
tance (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 ABX Air, Inc.,
Erie, Pennsylvania 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 24th day of December 2008


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