Petitioner Type: State
Impact Date: 10/06/2002
Filed Date: 10/06/2003
Most Recent Update: 10/28/2003
Determination Date: 10/28/2003
Expiration Date: 10/28/2005
Employment and Training Administration
TA-W-53,155
BRAZEWAY, INC.
BRAZEWAY DEWITT DIVISION
INCLUDING LEASED WORKERS OF
TALENT TREE
DEWITT, IOWA
Certification 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on October 6, 2003 in response
to a petition filed by a state workforce agent on behalf of workers
at Brazeway, Inc., Brazeway DeWitt Division, DeWitt, Iowa. The
workers at the subject facility produce evaporator coils and are
not separately identifiably by product line.
The investigation revealed that Brazeway, Inc. leased
production workers from Talent Tree.
The preponderance in the declines in employment at the subject
facility is related to a shift in facility production of evaporator
coils to a country (Mexico) that is a party to a free trade
agreement with the United States.
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 assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Brazeway, Inc., Brazeway DeWitt Division,
Brazeway, Iowa and leased workers of Talent Tree producing
evaporator coils at Brazeway, Inc., Brazeway DeWitt Division,
Dewitt, Iowa who became totally or partially separated from
employment on or after October 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, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 28th day of October, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance