Petitioner Type: Company
Impact Date: 03/11/2003
Filed Date: 03/12/2004
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-54,497
TREK BICYCLE CORPORATION
INCLUDING LEASED WORKERS OF DIVERSIFIED PERSONNEL SERVICES
WHITEWATER, WISCONSIN
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 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)(A) of
Section 222 have been met.
The investigation was initiated on March 12, 2004, in response
to a petition filed by a company official on behalf of workers at
Trek Bicycle Corporation, Whitewater, Wisconsin. Workers at the
subject firm paint and assemble bicycles.
The subject firm also leased some workers from Diversified
Personnel Services, Whitewater, Wisconsin.
The investigation revealed that production and employment at
the subject firm declined from 2002 to 2003.
The investigation further revealed an increase in company
imports of bicycles 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 2 has not been
met.
The investigation revealed workers in the workers' firm do
possess easily transferable skills.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases in imports of articles
like or directly competitive with bicycles produced by Trek Bicycle
Corporation, Whitewater, Wisconsin, contributed importantly to the
total or partial separation of workers and to the decline in sales
or production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Trek Bicycle Corporation, Whitewater,
Wisconsin, including leased workers from Diversified Personnel
Services, Whitewater, Wisconsin who became totally or
partially separated from employment on or after March 11,
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
I further determine that all workers Trek Bicycle Corporation,
Whitewater, Wisconsin, including leased workers from Diversified
Personnel Services, Whitewater, Wisconsin, 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 6th day of April 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance