Denied
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TAW-51263  /  Caterpillar, Inc. (Joliet, IL)

Petitioner Type: Union
Impact Date:
Filed Date: 03/21/2003
Most Recent Update: 04/21/2003
Determination Date: 04/21/2003
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,263

CATERPILLAR, INC.
HYDRAULICS & HYDRAULIC SYSTEMS BUSINESS UNIT
JOLIET, ILLINOIS

Notice of Determinations 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 March 21, 2003 in response
to a petition filed by the International Association of Machinists
and Aerospace Workers (IAMAW), District 55, on behalf of workers at
Caterpillar, Inc., Hydraulics & Hydraulic Systems Business Unit,
Joliet, Illinois. The workers at the subject facility produce
cylinders, valves, pumps, and motors.
The investigation revealed that workers at the subject
facility are separately identifiable by section. The sections at
the subject facility are the Valves, Pumps, and Motors (V/P/M)
section, Cylinders section, Hydraulic Logistics section, and
Miscellaneous Fabrication section.
It is determined in this case that the requirements of
(a)(2)(B) of Section 222 have been met for the workers in the
Miscellaneous Fabrication section of Caterpillar, Inc., Hydraulics
& Hydraulic Systems Business Unit, Joliet, Illinois.
The investigation revealed employment declined from 2001 to
2002.
Furthermore, the preponderance in the declines in employment
at the Miscellaneous Fabrication section at the subject facility is
related to a shift in production of tilt braces to a country
(Mexico) that is a party to a free trade agreement with the United
States.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met for the workers in the V/P/M section,
Cylinders section, and Hydraulic Logistics section of Caterpillar,
Inc., Hydraulics & Hydraulic Systems Business Unit, Joliet,
Illinois.
The investigation revealed no imports of articles like or
directly competitive to those produced by the V/P/M section,
Cylinders section, or Hydraulic Logistics section, nor was
production by these sections shifted to any foreign country.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with the tilt braces produced by
the Miscellaneous Fabrication section at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"Workers of the Miscellaneous Fabrication section of
Caterpillar, Inc., Hydraulics & Hydraulic Systems Business
Unit, Joliet, Illinois engaged in the production of tilt
braces who became totally or partially separated from
employment on or after March 6, 2002 through two years from
the date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Furthermore, after careful review, I determine that all
workers of the V/P/M section, Cylinders section, and Hydraulic
Logistics section of Caterpillar, Inc., Hydraulics & Hydraulic
Systems Business Unit, Joliet, Illinois, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D.C. this 21st day of April, 2003


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