DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,586

BROTHERS MANUFACTURING, INC.
HERMANSVILLE, MICHIGAN

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and Negative
Determination to Apply for
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 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 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 25, 2004, in
response to a petition filed by a company official on behalf of
the workers at Brothers Manufacturing, Inc., Hermansville,
Michigan. The workers produced welded and fabricated steel
products (cabs and flites) and were not separately identifiable
by product line.
The investigation revealed that production and employment
at the subject firm declined when the subject firm shut down on
or before March 31, 2004.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of welded and fabricated
steel products (cabs and flites). This survey revealed
increases in customer imports of welded and fabricated steel
products (cabs and flites) during the relevant time period.
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 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
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) of Section
246 has not been met.
There is not a significant number of workers at the firm 50
years of age or older.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of articles like or
directly competitive with those produced by Brothers
Manufacturing, Inc., Hermansville, Michigan contributed
importantly to the decline in sales or production and to the
total or partial separation of workers of that firm. In
accordance with the provisions of the Act, I make the following
certification:
"All Brothers Manufacturing, Inc., Hermansville, Michigan
who became totally or partially separated from employment
on or after March 22, 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 of Brothers
Manufacturing, Inc., Hermansville, Michigan, are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."

Signed at Washington, D.C., this 18th day of May, 2004.

/s/ Linda G. Poole

__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance