Petitioner Type: Company
Impact Date: 11/03/2002
Filed Date: 11/18/2003
Most Recent Update: 12/22/2003
Determination Date: 12/22/2003
Expiration Date: 12/22/2005
Employment and Training Administration
TA-W-53,568
EJE RESEARCH
A DIVISION OF AIRSEP CORPORATION
BUFFALO, NEW YORK
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 18, 2003 in
response to a petition filed by a company official on behalf of
workers of EJE Research, a division of AirSep Corporation,
Buffalo, New York. The workers at the subject firm produced
electronic assemblies; workers were not separately identifiable
by product line.
The investigation revealed that sales, production and
employment decreased absolutely with the closure of the subject
firm on December 19, 2003.
Furthermore, the investigation revealed that the subject
firm did not import electronic assemblies or shift production of
electronic assemblies to a foreign country during the relevant
period.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of electronic
assemblies. This survey revealed increases in imports of
electronic assemblies during the period under investigation.
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 electronic assemblies produced
at EJE Research, a division of AirSep Corporation, Buffalo, New
York contributed importantly to the total or partial separation
of workers and to the decline in sales or production and at that
firm or subdivision. In accordance with the provisions of the
Act, I make the following certification:
"All workers of EJE Research, a division of AirSep
Corporation, Buffalo, New York 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 22nd day of December, 2003
/s/Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance