DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,562

BABCOCK BORSIG POWER, INC.
ERIE, PENNSYLVANIA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated,
or are threatened to become totally or partially
separated;

(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated in response to a petition
received on January 22, 2001, filed by the International
Brotherhood of Boilermakers Local 151 and filed on behalf of
workers at Babcock Borsig Power, Inc., Erie, Pennsylvania. The
workers produce large power boilers and fabricated replacement
parts. The investigation revealed that criterion (3) has not
been met.
A petition for NAFTA-Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA -
4436). A decision on that petition will be made concurrently
with this determination.
This investigation revealed that sales, production, and
employment at the Erie, Pennsylvania facility declined in 2000
compared with the same period in 1999.
The U.S. Department of Labor conducted a survey of major
customers of Babcock Borsig Power, Inc., Erie, Pennsylvania
regarding its purchases of boiler components and pressure parts
in 1999, 2000, and January 2001. The survey revealed that none
of the respondents reported importing boiler components or
pressure parts while decreasing purchases from the subject firm
in the relevant period.
The investigation further revealed that Babcock Borsig Power,
Inc., Erie, Pennsylvania does not import articles like or
directly competitive with the boiler fabrications produced by
the subject firm.
Conclusion
After careful review, I determine that all workers of
Babcock Borsig Power, Inc., Erie, Pennsylvania are denied eligi-

bility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed at Washington, D.C., this 28th day of August, 2001.



/S/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance