Petitioner Type: Company
Impact Date: 05/10/2003
Filed Date: 05/19/2004
Most Recent Update: 06/21/2004
Determination Date: 06/21/2004
Expiration Date: 06/21/2006
Employment and Training Administration
TA-W-54,936
DEUER MANUFACTURING, INC.
d/b/a FLEX-N-GATE DEUER
DAYTON, OHIO
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 19, 2004, in response
to a petition filed by the United Automobile Workers of America
(UAW) on behalf of workers at Deuer Manufacturing, Inc., d/b/a
Flex-N-Gate Deuer, Dayton, Ohio. The workers produce spare tire
winch assemblies.
The investigation revealed that a shift in production from the
subject facility to a country (Mexico) under a free trade agreement
with the United States is imminent and will occur during the period
of investigation.
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.
The investigation revealed that 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 has been 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 Deuer Manufacturing, Inc., d/b/a Flex-N-Gate
Deuer, Dayton, Ohio, who became totally or partially separated
from employment on or after May 10, 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 at Washington, D.C., this 21st day of June, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance