Petitioner Type: Workers
Impact Date:
Filed Date: 09/25/2003
Most Recent Update: 10/20/2003
Determination Date: 10/20/2003
Expiration Date:
Employment and Training Administration
TA-W-52,980
WORCESTER GEAR WORKS, INC.
WORCESTER, MASSACHUSETTS
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
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 September 25, 2003 in
response to a petition filed on behalf of workers at Worcester Gear
Works, Inc., Worcester, Massachusetts. The workers at the subject
firm manufactured custom made gears and gear racks. The workers
were not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import gears or gear racks during 2001, 2002, or January through
August of 2003, nor did it shift production of gears or gear racks
abroad during the relevant period.
The Department of Labor surveyed a sample of the subject
firm's major customers in regards to their purchases of gears and
gear racks. The survey revealed no imports during the relevant
period.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case. The certification for
workers at the firm indicated in the petition, Emhart Glass,
Windsor, Connecticut expired well before the period covered by this
investigation.
Conclusion
After careful review, I determine that all workers of
Worcester Gear Works, Inc., Worcester, Massachusetts are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D.C. this 20th day of October 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance