Petitioner Type: Company
Impact Date: 05/04/2003
Filed Date: 05/12/2004
Most Recent Update: 06/23/2004
Determination Date: 06/23/2004
Expiration Date: 06/23/2006
Employment and Training Administration
TA-W-54,898
OGDEN MANUFACTUCTURING, INC.
ALBANY PLANT
INCLUDING LEASED WORKERS OF
KELLY SERVICES
ALBANY, WISCONSIN
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 May 12, 2004 in response to
a petition filed by a company official on behalf of workers of
Ogden Manufacturing, Inc., Albany Plant, Albany, Wisconsin. The
worker group also includes workers leased from Kelly Services. The
workers of the subject firm are engaged in the production of
cartridge heaters.
The investigation revealed that separations at the Albany
facility have occurred and the subject firm is shifting a portion
of production to a country (Mexico) with which the United States
has a free trade agreement.
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 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 of Ogden Manufacturing, Inc., Albany Plant,
Albany, Wisconsin, including leased workers of Kelly Services
working at Ogden Manufacturing, Inc., Albany Plant, Albany,
Wisconsin, who became totally or partially separated from
employment on or after May 4, 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 23rd day of June 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance