Denied
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TAW-55658  /  General Dynamics Land Systems (GDLS) (Goleta, CA)

Petitioner Type: Workers
Impact Date:
Filed Date: 09/23/2004
Most Recent Update: 11/01/2004
Determination Date: 11/01/2004
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-55,658

GENERAL DYNAMICS LAND SYSTEMS
CALIFORNIA TECHNICAL CENTER
INCLUDING ON-SITE WORKERS FROM CDI PROFESSIONAL SERVICES
GOLETA, CALIFORNIA

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 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 directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such workers'
separation or threat of separation and to the decline in
sales or production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. 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;
B. 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

C. One of the following must be satisfied:
1. 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;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. 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 on September 23, 2004 in
response to a petition filed on behalf of workers of General
Dynamics Land Systems, California Technical Center, Goleta,
California. The workers are engaged in employment related to the
production of components of armored military vehicles. The
engineers (petitioners) also supervised the production of off-site
spares and repair work performed for existing customers. The
subject firm also leased on-site temporary workers from CDI
Professional Services.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the workers at subject firm
supported the production of components of armored military vehicles
produced by the firm. Employment declined at the California
Technical Center, Goleta, California, because the subject firm's
design, repair, and spare work is being transferred to existing
sister company facilities located domestically and in Canada.

The investigation revealed that General Dynamics Land Systems
neither imported nor shifted abroad production of components for
armored military vehicles from 2003 through October 2004.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, 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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
General Dynamics Land Systems, California Technical Center,
including on-site leased workers from CDI Professional Services
Inc., Goleta, California, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 1st day of November 2004.

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