Petitioner Type: Workers
Impact Date: 07/09/2003
Filed Date: 07/14/2004
Most Recent Update: 07/20/2004
Determination Date: 07/20/2004
Expiration Date: 07/20/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,248
MARLEY COOLING TECHNOLOGIES
CONCORDIA, MISSOURI
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 (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)(B) of
Section 222 have been met.
The investigation was initiated on July 14, 2004, in response
to a petition filed on behalf of workers at Marley Cooling
Technologies, Concordia, Missouri. The workers of the subject
facility produce fan blades, component parts of the air
conditioning cooling towers produced by the subject firm.
The investigation revealed that a significant number or
proportion of workers at the subject division will be separated in
July 2004.
Furthermore, the investigation revealed that the
preponderance in the decline in employment at the subject facility
is related to a shift in production of fan blades to a country
(Mexico) that is a party to a free trade agreement with the United
States.
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
Marley Cooling Technologies, Concordia, Missouri, to Mexico of
articles that are like or directly competitive with those produced
by the subject facility. In accordance with the provisions of the
Act, I make the following certification:
"All workers of Marley Cooling Technologies, Concordia,
Missouri, who became totally or partially separated from
employment on or after July 9, 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 20th day of July 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance