[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Notices]
[Page 36924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17286]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-35,399 TA-W-35,399A, TA-W-35,399B, TA-W-35,399C, TA-W-35,399D,
TA-W-35,399E and TA-W-35,399F]
The Boeing Company, Seattle, WA, in the following locations:
Puget Sound Region, WA, Wichita, KS, Philadelphia, PA, Tulsa, OK,
Mcalester, OK, Oak Ridge, TN; Negative Determination Regarding
Application for Reconsideration
By application dated May 12, 1999, the International Association of
Machinists & Aerospace Workers (IAM&AW), District Lodge 751, requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former workers of
the subject firm to apply for Trade Adjustment Assistance (TAA). The
denial notice applicable to workers of the subject firm was signed on
March 23, 1999, and published in the Federal Register on May 21, 1999
(64 FR 27810).
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 petition was filed on behalf of workers of the subject firm in
Seattle, Washington, Puget Sound Region, Washington, Wichita, Kansas,
Philadelphia, Pennsylvania, Tulsa, Oklahoma, Mcalester, Oklahoma and
Oak Ridge, Tennessee, engaged in employment related to the production
of commercial aircraft at The Boeing Company. Investigation resulted in
a negative determination based on the finding that the ``contributed
importantly'' test of the group eligibility requirement of Section
222(3) the Trade Act of 1974, as amended, was not met for the workers
engaged in the production of commercial aircraft. The investigation
revealed that the predominate cause for layoffs at the subject firm was
reduced anticipated orders, resulting from reduced demand for
commercial aircraft, including significant lost export sales. Domestic
customers of The Boeing Company did not increase their import purchases
of commercial aircraft while decreasing orders from the subject firm to
such a degree as to represent an important contributing factor.
Overall, the subject firm experienced increasing sales in 1998 which
was forecast to continue in 1999.
The District Lodge 751 assert that members and workers at The
Boeing Company are impacted by completion from Airbus in addition to
the subcontracting to foreign suppliers for components. The application
contained information addressing the commercial aircraft industry and
included charts comparing Boeing and Airbus orders and expected
deliveries. The petitioner asserts that despite a record number of
deliveries by Boeing in 1999, Airbus continues to gain market share.
The petitioner adds that Boeing is beginning the downsizing process in
anticipation of decline in market share. Loss of global market share as
emphasized by the petitioners is not a basis for worker group
certification under the Trade Act of 1974. The materials submitted by
the IAM&AW did not contain information that was not previously
considered in the petition investigation.
As to the impact of sourcing foreign parts, the Department found no
evidence that foreign sourcing was a relevant factor in the separation
of workers.
Conclusion
After review of the application and investigative findings, I
conclude that there has been no error or misinterpretation of the law
or of the facts which would justify reconsideration of the Department
of Labor's prior decisions. Accordingly, the application is denied.
Signed at Washington, DC this 21st day of June 1999.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 99-17286 Filed 7-7-99; 8:45 am]
BILLING CODE 4510-30-M
