Petitioner Type: Union
Impact Date: 05/09/2004
Filed Date: 04/06/2004
Most Recent Update: 04/27/2004
Determination Date: 04/27/2004
Expiration Date: 04/27/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,676
OTTIS ELEVATOR COMPANY
BLOOMINGTON PLANT
A SUBSIDIARY OF UNITED TECHNOLOGIES CORPORATION
BLOOMINGTON, INDIANA
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 April 6, 2004 in response
to a petition filed by the Industrial Division of the
Communications Workers of America (IUE-CWA), Local 84826 on behalf
of workers at Otis Elevator Company, Bloomington Plant, a
subsidiary of United Technologies Corporation, Bloomington,
Indiana. The workers at the subject firm produce elevator systems
and elevator components.
Workers at the subject firm were certified eligible to apply
for Trade Adjustment Assistance on May 8, 2002; that certification
expires May 8, 2004 (TA-W-40,886).
Regarding the current petition, the preponderance in the
anticipated declines in employment at the subject facility is
related to a shift in production of elevator systems and elevator
components to a country (Mexico) that is a party to a free trade
agreement with the United States.
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 Otis Elevator Company, Bloomington Plant, a
subsidiary of United Technologies Corporation, Bloomington,
Indiana who become totally or partially separated from
employment on or after May 9, 2004 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 27th day of April 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance