Petitioner Type: Union
Impact Date: 11/05/2002
Filed Date: 11/07/2003
Most Recent Update: 12/15/2003
Determination Date: 12/15/2003
Expiration Date: 12/15/2005
Employment and Training Administration
TA-W-53,479
FABRICATING ENGINEERING, INC.
DAVISBURG, 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 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its 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)(A) of Section 222 have been met.
The investigation was initiated on November 7, 2003 in
response to a petition filed by the International Union, United
Automobile, Aerospace & Agricultural Implement Workers of
America (UAW) on behalf of workers at Fabricating Engineering,
Inc., Davisburg, Michigan. The workers produced conveyor
systems. The workers were not separately identifiable by
product line.
The investigation revealed that production at Fabricating
Engineering, Inc., Davisburg, Michigan was permanently ceased on
June 24, 2003.
The investigation also revealed that imports of conveyor
systems by the subject firm increased during the relevant time
period.
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 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.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily
transferable. Competitive conditions within the industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced at Fabricating
Engineering, Inc., Davisburg, Michigan contributed importantly
to the total or partial separation of workers and to the decline
in sales or production and at that firm. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Fabricating Engineering, Inc., Davisburg,
Michigan who became totally or partially separated from
employment on or after November 5, 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 15th day of December 2003.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance