DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,577

BRITISH AIRWAYS, PLC
A SUBSIDIARY OF INTERNATIONAL CONSOLIDATED AIRLINE GROUP
CUSTOMER RELATIONS DIVISION
JAMAICA, NEW YORK

Notice of Revised Determination
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 October 7, 2014,
resulted in a negative determination, issued on October 24, 2014,
that was based on the findings that the subject firm does not
produce an article within the meaning of Section 222(a) or Section
222(b) of the Act.
The determination was applicable to workers and former
workers of British Airways, PLC, a subsidiary of International
Consolidated Airline Group, Customer Relations Division,
Jamaica, New York (British Airways). The workers' firm is engaged
in activities related to the supply of air transportation
services.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the firm
shifted to a foreign country the supply of services like or
directly competitive with the services supplied by the workers
which contributed importantly to worker separations.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers' firm have become
totally or partially separated, or are threatened to become
totally or partially separated.
Section 222(a)(2)(B) has been met because the workers' firm
has shifted to a foreign country the supply of air transportation
services like or directly competitive with the services supplied
by the workers which contributed importantly to worker group
separations at British Airways.
Conclusion
After careful review, I determine that workers of British
Airways, PLC, a subsidiary of International Consolidated Airline
Group, Customer Relations Division, Jamaica, New York, meet the
worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of British Airways, PLC, a subsidiary of
International Consolidated Airline Group, Customer Relations
Division, Jamaica, New York, who became totally or partially
separated from employment on or after October 6, 2013, through
two years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the date of certification through two years from
the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the Trade
Act of 1974, as amended."

Signed in Washington, D.C., this 19th day of August, 2015

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



DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,577

BRITISH AIRWAYS, PLC
A SUBSIDIARY OF INTERNATIONAL CONSOLIDATED AIRLINE
GROUP CUSTOMER RELATIONS DIVISION
JAMAICA, NEW YORK


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 (“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 satisfy the criteria of
subsection (a) and (b) of Section 222 of the Act, 19
U.S.C. § 2272(a) and (b). For the Department of Labor
to issue a certification for workers under Section 222(a) of
the Act, 19 U.S.C. § 2272(a), the following three 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 October 7, 2014 by the International Association
of Machinists and Aerospace Workers (IAMAW), Local 142, on behalf
of the workers of British Airways, PLC, a subsidiary of International
Consolidated Airline Group, Customer Relations Division, Jamaica,
New York (hereafter referred to as “British Airways” or “subject
firm”). The workers’ firm is engaged in activities related to the
supply of air transportation services. During the course of the
investigation, information was collected from the workers’ firm.
The investigation revealed that the firm does not produce
an article within the meaning of Section 222(a) or Section 222(b)
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. The definition of a firm
includes an individual proprietorship, partnership, joint venture,
association, corporation (including a development corporation),
business trust, cooperative, trustee in bankruptcy, and receiver
under decree of any court. During the investigation, the Department
obtained information that revealed that the workers’ firm did not
produce an article; rather, the workers’ firm supplied services
related to the supply of air transportation services.
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 (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 British Airways, PLC, a subsidiary of
International Consolidated Airline Group, Customer Relations Division,
Jamaica, New York, 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 October, 2014

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