Petitioner Type: Union
Impact Date:
Filed Date: 07/16/2003
Most Recent Update: 08/12/2003
Determination Date: 08/12/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,327
NICBO, INC.
CENTRAL TOOLING SERVICES CENTER
ELKHART, INDIANA
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 July 16, 2003 in response
to a petition filed by the United Steelworkers of America, Local
14810 on behalf of workers of NIBCO, Inc., Central Tooling Services
Center, Elkhart, Indiana. The workers are engaged in producing
tooling for metal and plastics.
The investigation revealed that criteria I.C. and II.B. are
not been met.
The investigation revealed that the company's imports of
tooling for metals and plastics were not substantial during the
period of the investigation.
The U.S. Department of Labor surveyed major customers of the
subject firm regarding their purchases of tooling for metals and
plastics during 2001, 2002 and January through July 2002-2003. The
survey revealed no imports during the relevant periods.
NIBCO, Inc., Central Tooling Services Center did not shift
production of tooling from Elkhart, Indiana to a foreign country.
Conclusion
After careful review, I determine that all workers of NIBCO,
Inc., Central Tooling Services Center, Elkhart, Indiana 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 12th day of August 2003.
/s/ Linda G. Poole
________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance