TEUC-A eligibility and Emery Worldwide Airlines certification

Employment and Training Administration Advisory System
U.S. Department of Labor
Washington, D.C. 20210
CLASSIFICATION: OWS
CORRESPONDENCE SYMBOL: DUIO
DATE: June 28, 2004
ADVISORY: UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 30-02, Change 6
TO: STATE WORKFORCE AGENCIES
FROM: CHERYL ATKINSON, Administrator
SUBJECT: Temporary Extended Unemployment Compensation (TEUC) Act of 2002 – Additional TEUC for Displaced Airline and Related Workers (TEUC-A)

1. Purpose. To provide State Workforce Agencies (SWAs) with information concerning the certification of Emery Worldwide Airlines, Inc.

2. References. Title II of the Job Creation and Worker Assistance Act of 2002 (The Temporary Extended Unemployment Compensation (TEUC) Act of 2002), Public Law (Pub. L.) 107-147; Pub. L. 108-1; Unemployment Insurance Program Letter (UIPL) No. 30-02, dated July 5, 2002; UIPL No. 30-02, Change 1, dated January 9, 2003; Section 4002 of Pub. L. 108-11, signed by the President on April 16, 2003; Section 205 of the Federal-State Extended Unemployment Compensation Act of 1970, as amended; Section 233 of the Trade Act of 1974, as amended; 20 CFR Part 615; ET Handbook No. 401; ET Handbook No. 410.

3. Summary. We were recently asked why Emery Worldwide Airlines, Inc. was not included on the list of certified air carriers provided for use in the determination of TEUC-A eligibility. We have contacted the Department of Transportation (DOT) and have been advised that Emery Worldwide Airlines, Inc. ceased operations on August 13, 2001, as part of an interim agreement with the Federal Aviation Administration. The DOT suspended the airline's certificates on August 14, 2001. For this reason, the airline was not on the list of certified carriers as of April 2002. The DOT revoked the airline's certificates on December 17, 2002.

Emery Worldwide Airlines, Inc. was, however, a certified air carrier during the base period for some claims upon which TEUC was based. Because the airline ceased operations prior to September 11, 2001, it is unlikely that former employees of the airline had “qualifying employment” for purposes of TEUC-A, which requires a “qualifying separation” from that employer meeting one of the following conditions:

• Reductions in service by an air carrier as a result of the terrorist actions on September 11, 2001, or a security measure taken in response to such actions.
• A closure of an airport in the United States as a result of the terrorist actions on September 11, 2001, or a security measure taken in response to such actions.
• The military conflict with Iraq.

Additional information related to Emery Worldwide Airlines, Inc., including copies of the Order Revoking Certificate Authority and the Order Revoking Foreign Certificates, can be found at http://dms.dot.gov under docket number OST-02-12547.

4. Action Required. Please provide this information to the appropriate staff.

5. Inquiries. Direct all questions to the appropriate regional office.