DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,067

EATON CORPORATION
POWERTRAIN CONTROLS DIVISION
MARSHALL, MICHIGAN

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 January 23, 2004, in
response to a petition filed by International Union, United
Automobile, Aerospace & Agricultural Implement Workers of America,
Region 1C and Local Union 220, on behalf of workers of Eaton
Corporation, Powertrain Division, Marshall, Michigan. The workers
on whose behalf the petition was filed produced 10.5 locking
differential and DANA 70. The workers are not separately
identifiable by product line.
The investigation revealed the company shifted assembly of
10.5 locking differential and DANA 70 from the subject facility to
a country under a free trade agreement with the U.S. Separation of
a significant percentage of workers at the subject facility
occurred as a result of this shift in production.
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 conclude 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 Eaton Corporation, Powertrain Division,
Marshall, Michigan producing 10.5 locking differential and
DANA 70 who became totally or partially separated from
employment on or after January 20, 2003 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 17th day of February 2004



/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance