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TAW-85689  /  Honeywell Aerospace (Moorestown, NJ)

Petitioner Type: State
Impact Date: 12/03/2013
Filed Date: 12/04/2014
Most Recent Update: 12/30/2014
Determination Date: 12/30/2014
Expiration Date: 12/30/2016

U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,689

HONEYWELL AEROSPACE
A SUBSIDIARY OF HONEYWELL INTERNATIONAL
MOORESTOWN, NEW JERSEY

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated March 12, 2015, a company official
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for
alternative trade adjustment assistance applicable to workers
and former workers of Honeywell Aerospace, a subsidiary of
Honeywell International, Moorestown, New Jersey. The
determination was issued on December 30, 2014. The Notice
of Determination was published in the Federal Register on
January 23, 2015 (80 FR 3656). The Notice of Determination
was mistakenly classified in the Federal Register under the
“Affirmative Determinations for Worker Adjustment Assistance
and Alternative Trade Adjustment Assistance” header. It should
have been recorded under the “Affirmative Determinations for
Worker Adjustment Assistance” and the “Negative Determinations
for Alternative Trade Adjustment Assistance” sections.
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
for alternative trade adjustment assistance based on a finding
that the workers possessed skills that were easily transferable.
The request for reconsideration asserts that the workers possessed
skills that were not easily transferable.
The Department of Labor 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.
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 26th day of March, 2015.

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



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,689

HONEYWELL AEROSPACE
A SUBSIDIARY OF HONEYWELL INTERNATIONAL
INCLUDING ON-SITE LEASED WORKERS FROM CORTECH, PDS TECH,
DONATECH CORPORATION, COMFORCE, COLLABERA, ENGINEERING TECHNICAL
GROUP GS, ADECCO, AND AEROTEK
MOORESTOWN, NEW JERSEY

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) 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)(B)(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
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic 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

The investigation was initiated in response to a petition
filed on December 4, 2014 by the New Jersey State Workforce
Office on behalf of workers of Honeywell Aerospace, a
subsidiary of Honeywell International, Moorestown, New Jersey.
The workers' firm is engaged activities related to the
production of electromechanical avionics assemblies. The
worker group includes on-site leased workers from CorTech, PDS
Tech, Donatech Corporation, Comforce, Collanera, Engineering
Technical Group GS, Adecco, and Aerotek.
During the course of the investigation, information was
collected from the workers' firm.
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 employment
decline is related to the shift in production of
electromechanical avionics assemblies to a foreign country that
is party to a free trade agreement with the United States.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, 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.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

The Department has determined that criterion II has not
been met because the workers possess skills that are easily
transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Honeywell Aerospace,
a subsidiary of Honeywell International, Moorestown, New
Jersey, who are engaged in activities related to the production
of electromechanical avionics assemblies 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 Honeywell Aerospace, a subsidiary of
Honeywell International, Moorestown, New Jersey, who
became totally or partially separated from employment on or
after December 3, 2013 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; and I further determine that all workers
of Honeywell Aerospace, a subsidiary of Honeywell
International, Moorestown, New Jersey are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended."
Signed in Washington, D. C. this 30th day of December, 2014


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance