Petitioner Type: Union
Impact Date:
Filed Date: 11/03/2003
Most Recent Update: 12/09/2003
Determination Date: 12/09/2003
Expiration Date:
Employment and Training Administration
TA-W-53,416
WOLVERINE PATTERN AND MACHINE, INC.
SAGINAW, MICHIGAN
Notice of Negative Determination
Regarding Application for Reconsideration
By application of January 5, 2004, the International
Association of Machinists and Aerospace Workers Local
Patternmakers 2839 requested administrative reconsideration of
the Department's negative determination regarding eligibility to
apply for Trade Adjustment Assistance (TAA), applicable to
workers and former workers of the subject firm. The denial
notice was signed on December 9, 2003, and published in the
Federal Register on January 16, 2004 (69 FR 2622).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The petition for the workers of Wolverine Pattern and
Machine, Inc., Saginaw, Michigan was denied because the
“contributed importantly” group eligibility requirement of
Section 222 of the Trade Act of 1974, as amended, was not met.
The “contributed importantly” test is generally demonstrated
through a survey of customers of the workers’ firm and/or through
a survey of firms to which the subject firm submitted bids. In
this case, the bid survey revealed that none of the respondent
customer firms awarded their bids for industrial molds and
tooling to foreign competitors. The subject firm did not import
industrial molds and tooling in the relevant period nor did it
shift production to a foreign country.
The petitioner refers to the subject firm’s competitor,
National Pattern, Inc., Saginaw, Michigan, which also filed a
petition for TAA and was certified on December 3, 2003. The
petitioner states that workers of the subject firm and workers of
National Pattern, Inc. build tooling for the Foundry and Mold
Industry and both firms are impacted by foreign competition. The
Union further alleges that because workers of National Pattern,
Inc. were certified eligible for TAA, workers of the subject firm
should also be eligible.
A review of competitors is not relevant to an investigation
concerning import impact on workers applying for trade adjustment
assistance. The review of both cases revealed that workers of
Wolverine Pattern & Machine, Inc. and National Pattern, Inc. are
engaged in the production for Foundry and Mold Industry; however,
they do not share the same customer base and have no affiliation
with each other. As noted above, “contributed importantly” test
is generally demonstrated through a survey of customers of the
workers’ firm to examine the direct impact on a specific firm.
While customers of National Pattern, Inc., Saginaw, Michigan
reported an increase in imports of casting tooling during the
relevant period, no imports were evidenced during the survey of
subject firm’s customers.
The Union also alleges that customers of the subject firms
are importing tooling and moving facilities abroad.
A company official was requested to supply additional list
of customers who might have awarded their contracts to foreign
firms or were importing industrial molds and tooling. The
official was not aware of any such contracts.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C. this 20th day of February, 2004
/s/ Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance