Petitioner Type: Company
Impact Date: 05/18/2003
Filed Date: 06/15/2004
Most Recent Update: 07/21/2004
Determination Date: 07/21/2004
Expiration Date: 07/21/2006
Employment and Training Administration
TA-W-55,081
NATIONAL DISTRIBUTION CENTER
SUBSIDIARY OF NATIONAL FREIGHT INDUSTRIES
LEXINGTON, KENTUCKY
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 June 15, 2004 in response
to a petition filed by a company official on behalf of workers at
National Distribution Center, subsidiary of National Freight
Industries, Lexington, Kentucky. The workers at the subject firm
produced bundles (e.g.- computer printer component assembly).
The investigation revealed that sales and production at the
subject firm declined during the period from January through May
2004 compared to the same period in 2003. Moreover, the subject
firm closed on May 21, 2004.
The preponderance in the declines in employment at the subject
facility is related to a shift in production of bundles to a
country (Mexico) that is a party to a free trade agreement with the
United States.
In addition, 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.
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 {2} has not
been met.
The investigation revealed workers in the workers' firm
possess skills that are easily transferable.
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 National Distribution Center, subsidiary of
National Freight Industries, Lexington, Kentucky who became
totally or partially separated from employment on or after May
18, 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."
"I further determine that all workers of National Distribution
Center, subsidiary of National Freight Industries, Lexington,
Kentucky are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D.C. this 21st day of July 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance