Petitioner Type: Company
Impact Date: 11/17/2002
Filed Date: 11/19/2003
Most Recent Update: 12/18/2003
Determination Date: 12/18/2003
Expiration Date: 12/18/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,590
QUANTUM CONSTRUCTION EQUIPMENT
d\b\a NOBLE CONSTRUCTION EQUIPMENT, INC.
LUBBOCK, TEXAS
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)(B) of Section 222 have been met.
The investigation was initiated in response to a petition
received on November 19, 2003 and filed by a company official on
behalf of workers at Quantum Construction Equipment, d\b\a Noble
Construction Equipment, Inc., Lubbock, Texas. The workers were
engaged in employment related to the production of construction
equipment (primarily scrapers).
The preponderance in the declines in employment at the
subject plant is related to a shift in plant production of
construction equipment to a country (Mexico) that is a party to
free trade agreement with the United States.
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 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 Quantum Construction Equipment, d\b\a Noble
Construction Equipment, Inc., Lubbock, Texas who became
totally or partially separated from employment on or after
November 17, 2002 through two years from the date of
certification are eligible to apply for adjustment assis-
tance 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 18th day of December, 2003.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance