Petitioner Type: Workers
Impact Date: 11/11/2002
Filed Date: 11/28/2003
Most Recent Update: 12/15/2003
Determination Date: 12/15/2003
Expiration Date: 12/15/2005
Employment and Training Administration
TA-W-53,658
DANA CORPORATION
HYDRALUICS AND CHASSIS DIVISION
OKLAHOMA CITY, OKLAHOMA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to
Apply for 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 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 sales and/or production have
decreased at the workers firm or subdivision and an increase in
imports of articles like or directly competitive with articles
produced by the workers' firm or subdivision contributed
importantly to workers' separation or threat of separation and to
the decline in the sales or production of the subject firm or
subdivision.
The investigation was initiated on November 28, 2003 in
response to a petition filed on behalf of workers at Dana
Corporation, Hydraulics and Chassis Division, Oklahoma City,
Oklahoma. The workers at the subject facility produced chassis
products.
The investigation revealed that production and employment at
the subject facility declined during the period of January through
November of 2003, when compared to the same period in 2002.
The investigation further revealed that company imports of
chassis products increased during the relevant period.
In addition, 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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers' firm
are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills that
are not easily transferable.
3. The competitive conditions with the workers' industry (i.e.,
conditions with the industry are adverse).
The Department has concluded that criterion 2 has not been
met.
The investigation revealed that workers of the subject firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with chassis products produced at Dana
Corporation, Hydraulics and Chassis Division, Oklahoma City,
Oklahoma 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 Dana Corporation, Hydraulics and Chassis
Division, Oklahoma City, Oklahoma who became totally or
partially separated from employment on or after November 11,
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."
I further determine that all workers of Dana Corporation,
Hydraulics and Chassis Division, Oklahoma City, Oklahoma are denied
eligibility to apply for alternative trade 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