Petitioner Type: Union
Impact Date: 07/02/2003
Filed Date: 07/07/2004
Most Recent Update: 08/02/2004
Determination Date: 08/02/2004
Expiration Date: 08/02/2006
Employment and Training Administration
TA-W-55,208
TECUMSEH COMPRESSOR COMPANY
TECUMSEH DIVISION
TECUMSEH, MICHIGAN
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 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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)(A) of
Section 222 have been met.
The investigation was initiated on July 7, 2004 in response to
a petition filed by the United Steelworkers of America, Local 2395
on behalf of workers at Tecumseh Compressor Company, Tecumseh
Division, Tecumseh, Michigan. The petitioning workers produce
refrigeration compressors.
The investigation revealed that sales and employment at the
subject firm decreased from 2002 to 2003 and January through July
2004, compared to the same time period in 2003.
The Department of Labor surveyed customers of the subject firm
regarding their purchases of refrigeration compressors in 2002,
2003 and January through June 2004 over the corresponding 2003
period. Results of the survey indicated customers increased their
imports of refrigeration compressors while reducing purchases from
the subject firm during the relevant period.
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 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 increases of imports of
refrigeration compressors produced Tecumseh Compressor Company,
Tecumseh Division, Tecumseh, Michigan contributed importantly to
the total or partial separation of workers and to the decline in
sales or production at that firm or subdivision. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Tecumseh Compressor Company, Tecumseh
Division, Tecumseh, Michigan who became totally or partially
separated from employment on or after July 2, 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 Tecumseh Compressor
Company, Tecumseh Division, Tecumseh, Michigan 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/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance