Petitioner Type: Workers
Impact Date: 12/17/2002
Filed Date: 12/23/2003
Most Recent Update: 01/05/2004
Determination Date: 01/05/2004
Expiration Date: 01/05/2006
Employment and Training Administration
TA-W-53,865
AMERICAN STANDARD, INC
PORCHER DIVISION
CHANDLER, ARIZONA
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 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 23, 2003 in
response to a petition filed by workers at American Standard, Inc.,
Porcher Division, Chandler, Arizona. The workers at the subject
firm produce luxury bath items; they are not separately
identifiable.
The investigation revealed that employment at the subject firm
declined in January through August of 2003 in comparison with the
same time period in 2002.
Furthermore, the subject firm shifted production of lavatories
to a country (Mexico) that is party to a free trade agreement with
the United States 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 within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 1 has not been
met. The investigation revealed that a significant number of the
workers at the subject firm are not 50 years of age or older.
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 American Standard, Inc., Porcher Division,
Chandler, Arizona, who became totally or partially separated
from employment on or after December 17, 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
I further determine that all workers of American Standard,
Inc., Porcher Division, Chandler, Arizona, are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 5th day of January 2004
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance