Petitioner Type: Company
Impact Date: 10/30/2002
Filed Date: 11/10/2003
Most Recent Update: 12/11/2003
Determination Date: 12/11/2003
Expiration Date: 12/11/2005
Employment and Training Administration
TA-W-53,493
DERBY INDUSTRIES, LLC
GALESBURG, ILLINOIS
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 an investigation regarding certification of eligibility to apply for worker adjustment assistance as a secondarily affected worker group.
In order to make an affirmative determination and issue a certification of eligibility for secondary workers to apply for Trade Adjustment Assistance, the group eligibility requirements of paragraph (b) of Section 222 of the Trade Act, as amended, must be met. It is determined in this case that the requirements of (b) of Section 222, as amended, have been met.
The investigation was initiated on November 10, 2003 in response to a petition filed by a company official on behalf of workers of Derby Industries, LLC, Galesburg, Illinois. The workers at the subject firm produce refrigeration subassemblies; they are not separately identifiable by product line.
The investigation revealed that Derby Industries, LLC, Galesburg, Illinois supplies component parts for refrigerators and a loss of business with a manufacturer (whose workers were certified eligible to apply for adjustment assistance) contributed importantly to the workers separation or threat of separation.
In addition, 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 workers of Derby Industries, LLC, Galesburg, Illinois qualify as adversely affected secondary workers under Section 222 of the Trade Act of 1974, as amended. In accordance with the provisions of the Act, I make the following certification:
“All workers of Derby Industries, LLC, Galesburg, Illinois who became totally or partially separated from employment on or after October 30, 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 at Washington, D.C., this 11th day of December, 2003.
/s/ Linda G. Poole
__ LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance