Petitioner Type: Company
Impact Date: 10/01/2002
Filed Date: 10/07/2003
Most Recent Update: 10/20/2003
Determination Date: 10/20/2003
Expiration Date: 10/20/2005
Employment and Training Administration
TA-W-53,166
ARVIN MERITOR, INC.
CHICKASHA, OKLAHOMA
Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order to
provide equitable access to ATAA for worker groups whose petitions
were still in process at the time of implementation of the ATAA
program on August 6, 2003. Under this new interpretation, worker
groups covered by the certification of a petition that was in
process on August 6, 2003 may request ATAA consideration for the
certified worker group. In addition, certified worker groups who
filed petitions after that date may also request ATAA if the
petition did not include an option to apply for ATAA. The request
must be made to the Department and may be made by anyone who was
entitled to file the original petition under section 221(a)(1) of
the Act.
By letter dated December 16, 2004 a company official requested
ATAA consideration for workers at the subject firm located in
Chickasha, Oklahoma.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data shows
that competitive conditions within the shock absorber and strut
industry are adverse.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that the requirements of Section 246(a)(3)(A) of the Trade
Act of 1974, as amended, have been met for workers at the subject
firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Arvin Meritor Inc., Chickasha, Oklahoma who
became totally or partially separated from employment on or
after October 1, 2002 through October 20, 2005 are eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 8th day of March 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,166
ARVIN MERITOR, INC.
CHICKASHA, OKLAHOMA
Certification 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.
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 8, 2003 in response
to a petition filed by a company official on behalf of workers at
Arvin Meritor, Inc., Chickasha, Oklahoma. The workers at the
subject firm produce shock absorbers and struts.
The investigation revealed that employment at the subject firm
declined from 2001 to 2002 and during the period of January through
September 2003 compared to the same period in 2002.
The subject firm shifted a substantial portion of production
of shock absorbers and struts to a country (Mexico) that is party
to a free trade agreement with the United States during the
relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine 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 Arvin Meritor, Inc., Chickasha, Oklahoma who
became totally or partially separated from employment on or
after October 1, 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."
Signed in Washington, D.C. this 20th day of October 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.