DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,876

MECHANICAL PRODUCTS COMPANY, LLC
AEROSPACE DIVISION
JACKSON, MICHIGAN

Notice of Negative Determination
Regarding Application for Reconsideration

By application of May 27, 2003, the International Union,
United Automobile, Aerospace & Agricultural Implement Workers of
America (UAW), Region 1C and Local Union 1330, requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on April 11, 2003,
and published in the Federal Register on May 1, 2003 (68 FR
23322).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.


The petition for the workers of Mechanical Products Company,
LLC, Aerospace Division, Jackson, Michigan was denied because the
“contributed importantly” group eligibility requirement of
Section 222 of the Trade Act of 1974, was not met. The
“contributed importantly” test is generally demonstrated through
a survey of customers of the workers’ firm. The survey revealed
that none of the respondents increased their purchases of
imported breakers for the aerospace industry. The company did not
import breakers for the aerospace industry in the relevant
period.
The union asserts that, in addition to producing circuit
breakers for the aerospace industry, the subject firm also
produced circuit breakers for other commercial purposes,
specifically in the “1600” and “2000” series.
A company official was contacted in regard to these
allegations. The official stated that, from the end of 2001 and
into 2002, the subject facility briefly did some production of
the 1600 series circuit breakers while the firm was in the
process of shifting this production from an affiliate in Maryland
to foreign sources; however, subject firm production for series
1600 circuit breakers was negligible in relation to overall plant
production and no layoffs resulted from this production cessation
in Jackson. The official further stated that there had been some
“rework” done on series 2000 circuit breakers shipped from a
foreign facility to Jackson; again, however, this work
constituted a negligible portion of plant production. Finally,
the company official clarified that subject firm layoffs were
entirely attributable to the sale of the company’s Aerospace
Division to another company that subsequently moved production to
an existing facility in Sarasota, Florida.
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 decision. Accordingly, the
application is denied.

Signed at Washington, D.C. this 29th day of July, 2003

/s/ Elliott S. Kushner

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