Petitioner Type: Company
Impact Date: 12/02/2002
Filed Date: 12/09/2003
Most Recent Update: 12/22/2003
Determination Date: 12/22/2003
Expiration Date: 12/22/2005
Employment and Training Administration
TA-W-53,749
U.S. TSUBAKI, INC.
POWER TRANSIMISSION COMPONENTS DIVISION
A SUBSIDIARY OF TSUBAKIMOTO CHAIN COMPANY
INCLUDING LEASED WORKERS OF ADECCO
BENNINGTON, VERMONT
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, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an 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 on December 9, 2003 in
response to a petition filed by a company official on behalf of
workers of U.S. Tsubaki, Inc., Power Transmission Components
Division, a subsidiary of Tsubakimoto Chain Company, Bennington,
Vermont. The workers at the subject firm are separately
identifiable by division. Workers of the subject division are
engaged in the production of power transmission components. The
subject division also leases workers from Adecco, Bennington,
Vermont.
Employment at the subject division decreased during the period
of January through November 2003 when compared to 2002.
Furthermore, the subject firm began shifting production of
power transmission components to a country (Canada) that is a party
to a 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 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 there was a shift in production
from the workers' firm or subdivision to Canada 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:
"Workers of U.S. Tsubaki, Inc., Power Transmission Components
Division, a subsidiary of Tsubakimoto Chain Company,
Bennington, Vermont, engaged in employment related to the
production of power transmission components, and leased
workers of Adecco producing power transmission components at
U.S. Tsubaki, Inc., Power Transmission Components Division, a
subsidiary of Tsubakimoto Chain Company, Bennington, Vermont,
who became totally or partially separated from employment on
or after December 2, 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