Petitioner Type: Union
Impact Date:
Filed Date: 11/05/2003
Most Recent Update: 11/24/2003
Determination Date: 11/24/2003
Expiration Date:
Employment and Training Administration
TA-W-53,453
GIDDINGS & LEWIS FOUNDRY, LLC
A COMPANY OF THYSSEN KRUPP TECHNOLOGIES
A DIVISION OF THYSSEN KRUPP AG
MENOMINEE, 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 November 5, 2003 in
response to a petition filed by Glass, Molders, Pottery, Plastics
and Allied International Union (GMP), Local 401, on behalf of
workers at Giddings & Lewis Foundry, LLC, a company of Thyssen
Krupp Technologies, a division of Thyssen Krupp AG, Menominee,
Michigan. The workers at the subject firm produced iron castings.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that sales and production at the
subject firm increased from 2001 to 2002 and further increased from
January through October of 2003 when compared with the same period
in 2002. The subject firm ceased its production of iron castings
in October of 2003.
Furthermore, the investigation revealed that the workers'
separations at the subject firm were not attributed to increased
imports or shift of production of iron castings abroad during the
relevant period. In fact, due to unsettled Union negotiations in
regards to labor issues during the sale of Giddings & Lewis
Foundry, LLC, a company of Thyssen Krupp Technologies, a division
of Thyssen Krupp AG, Menominee, Michigan, the decision was made to
shut down the subject facility, transfer some of the production to
other domestic plants and sell the rest of the production to a
third party.
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.
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 Giddings
& Lewis Foundry, LLC, a company of Thyssen Krupp Technologies, a
division of Thyssen Krupp AG, Menominee, Michigan, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 24th day of November, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance