Petitioner Type: Company
Impact Date: 03/08/2003
Filed Date: 03/09/2004
Most Recent Update: 04/06/2004
Determination Date: 04/06/2004
Expiration Date: 04/06/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,456
TYCO ELECTRONICS\OUSIDE PLANT
PROTECTION PRODUCTS DIVISION
INCLUDING LEASE WORKERS OF MANPOWER TEMPORARY SERVICES
FUQUAY-VARINA, NORTH CAROLINA
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 (19
USC 2273), as amended, 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)(B) of Section 222 have been met.
The investigation was initiated in response to a petition
received on March 9, 2004 and filed by a company official on
behalf of workers at Tyco Electronics\Outside Plant, Protection
Products Division, Fuquay-Varina, North Carolina. The workers
were engaged in employment related to the production of
heatshrink kitting products for the telecommunication industry.
The subject firm has experienced declines in employment at
the subject plant and is shifting production of heatshrink
kitting or repair kittings to Mexico.
In accordance with Section 246 of 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 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 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 Tyco Electronics\Outside Plant, Protection
Products Division, Fuquay-Varina, North Carolina, including
leased workers of Manpower Temporary Services working at
Tyco Electronics\Outside Plant, Protection Products
Division, Fuquay-Varina, North Carolina who became totally
or partially separated from employment on or after March 8,
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 6th day of April 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance