Petitioner Type: Company
Impact Date: 02/23/2003
Filed Date: 03/08/2004
Most Recent Update: 03/26/2004
Determination Date: 03/26/2004
Expiration Date: 03/26/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,437
PARKER SEAL
ENGINEERED SEALS DIVISION
LEBANON, TENNESSEE
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 March 8, 2004, in response
to a petition filed by a company official on behalf of workers of
the Engineered Seals Division of Parker Seal, Lebanon, Tennessee.
The workers produce engineered rubber seals.
The investigation revealed that the subject firm shifted
production of the seals to Mexico during the recent period and a
layoff of workers resulted at Lebanon, Tennessee.
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 #2 has not been
met.
The investigation revealed that worker group skills are
easily transferable in the local area.
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 the Engineered Seals Division of Parker Seal,
Lebanon, Tennessee who became totally or partially separated
from employment on or after February 23, 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."
I further determine that all workers of Engineered Seals
Division of Parker Seal, Lebanon, Tennessee 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 26th day of March 2004.
/s/ Richard Church
______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance