Petitioner Type: Company
Impact Date: 11/03/2002
Filed Date: 11/06/2003
Most Recent Update: 11/26/2003
Determination Date: 11/26/2003
Expiration Date: 11/26/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,462
MARSHALL BRASS
A DIVISION OF S.H. LEGGITT COMPANY
MARSHALL, MICHIGAN
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 November 6, 2003, in
response to a petition filed on behalf of workers of Marshall
Brass, Marshall, Michigan. The subject firm is a division of S. H.
Leggitt Company. The workers produced fabricated brass components
for plumbing, LP gas for outdoor cooking, natural gas connections
and plumbing, and LP gas connections for the recreational vehicle
industry applications. The workers are not separately identifiable
by product.
The investigation revealed that the company is in the process
of shifting some production from the subject facility to a country
under a free trade agreement with the United States. A significant
layoff of workers is imminent as a result of this shift in
production.
In addition, in order for the Department to issue a
certification of eligibility to apply for Alternative Trade
Adjustment Assistance (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.
At least 5% of the workers of the firm are over 50 and do
not possess skills that are 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 Marshall Brass, Marshall, Michigan who became
totally or partially separated from employment on or after
November 3, 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 26th day of November 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance