Petitioner Type: Union
Impact Date:
Filed Date: 10/03/2003
Most Recent Update: 11/17/2003
Determination Date: 11/17/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,145
GENERAL ALUMINUM MANUFACTURING CO.
HUDSON FORGE
HUDSON, MICHIGAN
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 October 3, 2003 in
response to a petition filed by the International Union, United
Automobile, Aerospace & Agricultural Implement Workers of
America, on behalf of workers at General Aluminum Manufacturing
Company, Hudson, Forge, Hudson, Michigan. The workers produce
exhaust manifolds and related automobile component parts.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The subject firm did not import products like or directly
competitive with products produced at the Hudson, Michigan
facility, nor did they shift production abroad during the
relevant period.
The Department of Labor surveyed major customers of the
subject firm regarding their purchases of water crossovers,
pumps, and collectors during 2001, 2002 and January through
September 2002-2003. The survey revealed that respondents did
not import products like or directly competitive with those
purchased from the subject firm during the relevant period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
General Aluminum Manufacturing Company, Hudson Forge, Hudson,
Michigan are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
also denial eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 17th day of November 2003
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance