[Federal Register: July 8, 1999 (Volume 64, Number 130)]
[Notices]               
[Page 36924]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy99-106]                         

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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