Petitioner Type: Union
Impact Date:
Filed Date: 10/01/2003
Most Recent Update: 11/26/2003
Determination Date: 11/26/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,089
EAST COAST HYDRAULICS OPERATIONS, INC. (ECHO)
CAMP HILL, PENNSYLVANIA
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 October 1, 2003 in
response to a petition filed by the International Association of
Machinists and Aerospace Workers (IAMAW) on behalf of workers at
East Coast Hydraulic Operations, Inc (ECHO), Camp Hill, Pennsyl-
vania. Workers produce fabricated aggregate processing equip-
ment (e.g., construction, mining, and materials handling machin-
ery and equipment), and are not separately identifiable by
product line.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that there were no company
imports of fabricated aggregate processing equipment, nor was
there a shift in production of fabricated equipment from the
Camp Hill, Pennsylvania plant to a foreign country during the
period under investigation.
The investigation further revealed that declines in sales,
production and employment at the subject firm were the result of
the sharply decreased volume of construction projects economy-
wide. The contraction of state budgets and a general slowdown
in capital markets, rather that imports of products like those
manufactured by the subject firm, have adversely affected the
aggregate production market and constitute the predominant cause
of separations at ECHO.
Conclusion
After careful review, I determine that workers producing
fabricated aggregate processing equipment at East Coast
Hydraulic Operations, Inc (ECHO), Camp Hill, Pennsylvania, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 26th day of November 2003.
/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance