DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,556

LEASED WORKERS FROM OPTISCAN, INC.
WORKING ON-SITE AT HONEYWELL INTERNATIONAL, INC.
AEROSPACE ORDER MANAGEMENT DIVISION
TEMPE, ARIZONA

Notice of Termination of Investigation
After Statutory Reconsideration


As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated on September 26, 2014,
resulted in a negative determination, issued on December 9, 2014,
that was based on the fact that a significant number or proportion
of the workers have not been totally or partially separated or
threatened with total or partial separation. The worker was
originally comprised of additional leased worker agencies. During
the course of the Statutory Reconsideration investigation, the
worker group was clarified to be OptiScan, Inc. working on-site at
Honeywell International, Inc., Aerospace Order Management Division,
Tempe, Arizona.
Leased workers from OptiScan, Inc. working on-site at
Honeywell International, Inc., Aerospace Order Management Division,
Tempe, Arizona is the subject of this investigation. The workers
are engaged in activities related to order management services and
related support activities such as document management.
The worker group on whose behalf the petition was filed is
covered under an existing certification (TA-W-82,900A) which was
amended on February 21, 2016. Consequently, the investigation has
been terminated.

Signed in Washington, D.C., this 22nd day of February, 2016.

/s/Jessica R. Webster
____________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance




U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,556

HONEYWELL
AEROSPACE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM OPTISCAN
TEMPE, ARIZONA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated January 28, 2015, a worker requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for worker adjustment
assistance applicable to workers and former workers of Honeywell,
Aerospace Division, including on-site leased workers from
OptiScan, Tempe, Arizona (Honeywell). The determination was
issued on December 9, 2014 and the Department of Labor’s
Notice of Determination was published in the Federal Register
on December 30, 2014 (79 FR 78496).

Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:

(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.

The initial investigation resulted in a negative determination
based on the findings that with respect to Section 222(a) and
Section 222(b) of the Act, Criterion (1) had not been met because
a significant number or proportion of the workers in such workers’
firm had not become totally or partially separated, nor were they
threatened to become totally or partially separated.

The request for reconsideration asserts that the subject worker
group was defined too broadly and therefore failed to capture
the worker separations and trade impact experienced by the
specific workers of OptiScan who were employed on-site at Honeywell,
Aerospace Division, Tempe, Arizona; that numerous firms which
supplied the subject firm with on-site leased workers were
erroneously combined together for the purpose of reaching a
determination as a single firm, yet they were not all in support
of the manufacturing process at the subject firm; that the
employment decline criterion was met for the OptiScan workers
employed on-site at Honeywell, Aerospace Division, Tempe, Arizona;
and that the data management services they supplied in support of
the engineering group were shifted to a foreign country.

The Department has carefully reviewed the request for reconsideration
and the existing record, and has determined that the Department will
conduct further investigation to determine if the workers meet
the eligibility requirements of the Trade Act of 1974, as amended.

Conclusion

After careful review of the application, I conclude that the claim
is of sufficient weight to justify reconsideration of the U.S.
Department of Labor's prior decision. The application is, therefore,
granted.

Signed at Washington, D.C., this 10th day of March, 2015

/s/Michael W. Jaffe
_______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,556

HONEYWELL
AEROSPACE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM 3|SHARE, AAR PARTS
TRADING, ACRO SERVICE CORP, ADECCO, AEROSPACE SOLUTIONS,
AEROTEK, ARROW ELECTRONICS, ATEGO SYSTEMS, BE AEROSPACE,
BELCAN ENGINEERING GROUP, BELCAN SERVICES GROUP (D/B/A BELCAN
TECH SERVICES), CAPGEMINI, CARA RESOURCES, CATERPILLAR
LOGISTICS, CHEMICOMAYS, CHIPTON-ROSS, COLLABERA, COMFORT
SYSTEMS USA SOUTHWEST, CORTECH, CROWN BUILDING MAINTENANCE
(D/B/A ABLE BUILDING MAINTENANCE), DATALINK SOFTWARE
CONSULTANTS, DIGITAL INTELLIGENCE SYSTEMS, DONATECH
CORPORATION, DTZ, ENGINEERING TECHNOLOGY GROUP GS, EUREST
SERVICES, FUJITSU AMERICA, G4S SECURE SOLUTIONS, GDKN
CORPORATION, GREATER PHOENIX ELECTRIC, HEALTHWAYS, INFOSYS BPO
LIMITED, INTEGRITY ENGINEERING & DESIGN SOLUTIONS,
INTERNATIONAL LOGISTICS GROUP, INTERNATIONAL TECHNEGROUP,
JONES LANG LASALLE, KUEHNE + NAGEL, LEWIS & FOWLER, MANPOWER,
NEOVIA LOGISTICS, NESCO RESOURCE, NTT DATA, OLSA RESOURCES, ON
ASSIGNMENT, OPTISCAN, OTTO INSTRUMENT SERVICE, PDS TECH, QUEST
GLOBAL DEFENCE ENGINEERING SERVICES, QUEST GLOBAL SERVICES,
RAPID GLOBAL BUSINESS SOLUTIONS, RL CANNING, SECURITAS
SECURITY SERVICES USA, SIEMENS, SIEMENS PRODUCT LIFECYCLE
MANAGEMENT SOFTWARE, SPIRAL, SQA SERVICES, TAD PGS, TATA
CONSULTANCY SERVICES, TEKTRONIX, THE FOUNTAIN GROUP, THE
HERMOSA BEACH CONSULTING GROUP, US TECH SOLUTIONS, VERSOGENICS
(D/B/A COMFORCE), VOLT CONSULTING, AND XEROX
TEMPE, ARIZONA

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 ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
Workers of a firm may be eligible for worker adjustment
assistance if they meet the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department to issue a certification under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), the following criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that 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
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers' separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision.
(B) Shift in Production Path:
(i) 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
(ii)(I) 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;
(II)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
(III)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.

For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article that
was the basis for such certification; and
(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
The investigation was initiated in response to a petition
filed on September 26, 2014 by the State Workforce Office on
behalf of workers of Honeywell, Aerospace Division, Tempe,
Arizona (Honeywell). The workers' firm is engaged in activities
related to the production of electro-mechanical components for
commercial, defense, and space aircraft.
The worker group includes on-site leased workers from
including on-site leased workers from 3|Share, AAR Parts
Trading, Acro Service Corp, Adecco, Aerospace Solutions,
Aerotek, Arrow Electronics, Atego Systems, BE Aerospace, Belcan
Engineering Group, Belcan Services Group (d/b/a Belcan Tech
Services), Capgemini, Cara Resources, Caterpillar Logistics,
ChemicoMays, Chipton-Ross, Collabera, Comfort Systems USA
Southwest, CorTech, Crown Building Maintenance (d/b/a Able
Building Maintenance), Datalink Software Consultants, Digital
Intelligence Systems, Donatech Corporation, DTZ, Engineering
Technology Group GS, Eurest Services, Fujitsu America, G4S
Secure Solutions, GDKN Corporation, Greater Phoenix Electric,
Healthways, Infosys BPO Limited, Integrity Engineering & Design
Solutions, International Logistics Group, International
TechneGroup, Jones Lang LaSalle, Kuehne + Nagel, Lewis & Fowler,
Manpower, Neovia Logistics, NESCO Resource, NTT Data, OLSA
Resources, On Assignment, OptiScan, Otto Instrument Service, PDS
Tech, QuEST Global Defence Engineering Services, QuEST Global
Services, Rapid Global Business Solutions, RL Canning, Securitas
Security Services USA, Siemens, Siemens Product Lifecycle
Management Software, Spiral, SQA Services, TAD PGS, Tata
Consultancy Services, Tektronix, The Fountain Group, The Hermosa
Beach Consulting Group, US Tech Solutions, Versogenics (D/B/A
Comforce), Volt Consulting, and Xerox.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not been
met because a significant number or proportion of the workers in
such workers' firm, have not become totally or partially
separated, nor are they threatened to become totally or
partially separated.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. 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 Division, including on-site leased workers from
3|Share, AAR Parts Trading, Acro Service Corp, Adecco, Aerospace
Solutions, Aerotek, Arrow Electronics, Atego Systems, BE
Aerospace, Belcan Engineering Group, Belcan Services Group
(d/b/a Belcan Tech Services), Capgemini, Cara Resources,
Caterpillar Logistics, ChemicoMays, Chipton-Ross, Collabera,
Comfort Systems USA Southwest, CorTech, Crown Building
Maintenance (d/b/a Able Building Maintenance), Datalink Software
Consultants, Digital Intelligence Systems, Donatech Corporation,
DTZ, Engineering Technology Group GS, Eurest Services, Fujitsu
America, G4S Secure Solutions, GDKN Corporation, Greater Phoenix
Electric, Healthways, Infosys BPO Limited, Integrity Engineering
& Design Solutions, International Logistics Group, International
TechneGroup, Jones Lang LaSalle, Kuehne + Nagel, Lewis & Fowler,
Manpower, Neovia Logistics, NESCO Resource, NTT Data, OLSA
Resources, On Assignment, OptiScan, Otto Instrument Service, PDS
Tech, QuEST Global Defence Engineering Services, QuEST Global
Services, Rapid Global Business Solutions, RL Canning, Securitas
Security Services USA, Siemens, Siemens Product Lifecycle
Management Software, Spiral, SQA Services, TAD PGS, Tata
Consultancy Services, Tektronix, The Fountain Group, The Hermosa
Beach Consulting Group, US Tech Solutions, Versogenics (D/B/A
Comforce), Volt Consulting, and Xerox, Tempe, Arizona, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, as amended, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, amended.

Signed in Washington, D.C. this 9th day of December, 2014


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer,
Office of Trade Adjustment Assistance