DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,189

POWERBRACE CORPORATION
A DIVISION OF MINER ENTERPRISES, INC.
KENOSHA, WISCONSIN

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 July 1, 2004, in response
to a petition by the International Association of Machinists and
Aerospace Workers on behalf of workers of Powerbrace Corporation, a
division of Miner Enterprises, Inc., Kenosha, Wisconsin. Workers at
the subject firm produce railroad discharge gates and brake beams;
workers are not separately identifiable by product line.
The investigation revealed a significant number or proportion
of workers at the subject facility are threatened to become
separated from employment.
Furthermore, the investigation revealed that some of the
production of railroad discharge gates and brake beams at the
subject firm shifted from Kenosha, Wisconsin to a country (Mexico)
that is a party to a free trade agreement with the United States.
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 that workers in the workers' firm
possess skills that are easily transferable to other positions in
the local area.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was 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 Powerbrace Corporation, a division of Miner
Enterprises, Inc., Kenosha, Wisconsin who became totally or
partially separated from employment on or after June 30, 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
I further determine that all workers of Powerbrace
Corporation, a division of Miner Enterprises, Inc., Kenosha,
Wisconsin, 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 2nd day of August 2004.


/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance