Petitioner Type: Workers
Impact Date: 10/29/2002
Filed Date: 10/31/2003
Most Recent Update: 12/29/2003
Determination Date: 12/29/2003
Expiration Date: 12/29/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,399
LINDBERG
LINDBERG DIVISION
A UNIT OF SPX CORPORATION
WATERTOWN, WISCONSIN
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 31, 2003 in
response to a petition filed on behalf of workers at Lindberg,
Lindberg Division, a unit of SPX Corporation, Watertown, Wisconsin.
The workers at the subject facility are engaged in the production
of heat treat furnaces.
The investigation revealed that sales and employment declined
absolutely during the period of January through October 2003 when
compared to the same period in 2002.
The investigation also revealed that the preponderance in the
declines in employment at the subject facility is related to a
partial shift in production of heat treat furnaces to countries
(Canada and Mexico) that are parties to a free trade agreement with
the United States.
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 assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (2) has not been
met.
The investigation revealed that the skills of the worker group
are easily transferable to other positions in the local area.
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 Canada and Mexico of
articles that are like or directly competitive with the heat treat
furnaces produced by the subject firm or subdivision. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Lindberg, Lindberg Division, a unit of SPX
Corporation, Watertown, Wisconsin, who became totally or
partially separated from employment on or after October 29,
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
I further determine that all workers of Lindberg, Lindberg
Division, a unit of SPX Corporation, Watertown, Wisconsin, are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 29th day of December 2003.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance