Petitioner Type: Company
Impact Date: 05/25/2003
Filed Date: 05/26/2004
Most Recent Update: 06/28/2004
Determination Date: 06/28/2004
Expiration Date: 06/28/2006
Employment and Training Administration
TA-W-54,984
C&D TECHNOLOGIES, INC.
STANDBY POWER DIVISION
LEOLA, PENNSYLVANIA
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 26, 2004 in response to
a petition filed by a company official on behalf of workers of C&D
Technologies, Inc., Standby Power Division, Leola, Pennsylvania.
The workers of the subject firm are engaged in the production of HD
batteries.
The investigation revealed that separations at the Leola
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 C&D Technologies, Inc., Standby Power
Division, Leola, Pennsylvania, who became totally or partially
separated from employment on or after May 25, 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 28th day of June 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance