Terminated
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TAW-92434 / Federal Republic of Germany (Holloman Air Force Base, NM)
Petitioner Type: State
Impact Date:
Filed Date: 11/21/2016
Most Recent Update: 08/15/2017
Determination Date: 08/15/2017
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,434
FEDERAL REPUBLIC OF GERMANY
GERMAN AIR FORCE FLYING TRAINING CENTER (GAF FTC)
HOLLOMAN AIR FORCE BASE, NEW MEXICO
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as amended, an
investigation was initiated in response to a petition filed on
November 21, 2016 by a state workforce office on behalf of workers
of Federal Republic of Germany, German Air Force Flying Training
Center (GAF FTC), Holloman Air Force Base, New Mexico.
The petition regarding the investigation has been deemed invalid
because the subject worker group is not employed by a firm.
Sections 222(a), (b) and (e) of the Trade Act, 19 U.S.C. §
2272(a), require a threshold of separations in the workers' firm.
29 C.F.R. 90.2 defines firm as, "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. A
firm, together with any predecessor or successor-in-interest, or
together with any affiliated firm controlled or substantially
beneficially owned by substantially the same persons, may be
considered a single firm."
The subject worker group is not employed by a firm but is
employed by a public agency (the Federal Republic of Germany).
The definition of firm in 29 C.F.R. 90.2 does not include a
public agency. Based on the information obtained during the
investigation, the subject worker group is employed by the Federal
Republic of Germany, which is a public agency. Therefore, because
the definition of firm does not include a public agency and the
certification requirements are based upon employment with a firm, the
worker group may not be certified under the Trade Act.
Consequently, the investigation has been terminated.
Signed in Washington, D.C. this 15th day of August 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-92,434
FEDERAL REPUBLIC OF GERMANY
GERMAN AIR FORCE FLYING TRAINING CENTER (GAF FTC)
HOLLOMAN AIR FORCE BASE, NEW MEXICO
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as amended, an
investigation was initiated in response to a petition filed on
November 21, 2016 by a state workforce office on behalf of workers
of Federal Republic of Germany, German Air Force Flying Training
Center (GAF FTC), Holloman Air Force Base, New Mexico.
The petition regarding the investigation has been deemed invalid
because the subject worker group is not employed by a firm.
Sections 222(a), (b) and (e) of the Trade Act, 19 U.S.C. §
2272(a), require a threshold of separations in the workers' firm.
29 C.F.R. 90.2 defines firm as, "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. A
firm, together with any predecessor or successor-in-interest, or
together with any affiliated firm controlled or substantially
beneficially owned by substantially the same persons, may be
considered a single firm."
The subject worker group is not employed by a firm but is
employed by a public agency (the Federal Republic of Germany).
The definition of firm in 29 C.F.R. 90.2 does not include a
public agency. Based on the information obtained during the
investigation, the subject worker group is employed by the Federal
Republic of Germany, which is a public agency. Therefore, because
the definition of firm does not include a public agency and the
certification requirements are based upon employment with a firm, the
worker group may not be certified under the Trade Act.
Consequently, the investigation has been terminated.
Signed in Washington, D.C. this 15th day of August 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance