DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,559

MERCURY MARINE
CAPITOL ENGINEERING DIVISION
BROOKFIELD, WISCONSIN

Negative Determination Regarding Eligibility
To Apply for Worker 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 January 15, 2002 in
response to a petition filed by the International Association of
Machinists and Aerospace Workers Union, District #10 on behalf of
workers at Mercury Marine, Capitol Engineering Division,
Brookfield, Wisconsin. The workers were engaged in employment
related to the production tools and dies.
The investigation revealed that criteria (I.A) and (II.A)
have not been met.
The investigation revealed that there were no layoffs or
threat of layoffs during the relevant period. The investigation
also revealed that plant layoffs occurred on June 30, 2001, more
than one year from the date on the petition, prior to the
relevant period.
The investigation further revealed that the petitioners
applied as secondary impacted (supplier) workers. Before,
workers can be considered as secondary impacted, as a supplier,
they must also meet the eligibility requirement of declines in
employment or a threat of a decline in employment.
Conclusion
After careful review, I determine that all workers of
Mercury Marine, Capitol Engineering Division, Brookfield,
Wisconsin engaged in employment related to the production of
tools and dies, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as
amended.
Signed in Washington, D.C. this 29th day of January, 2003.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance