Petitioner Type: Unknown
Impact Date: 07/20/2003
Filed Date: 07/20/2004
Most Recent Update: 09/07/2004
Determination Date: 09/07/2004
Expiration Date: 09/07/2006
Employment and Training Administration
TA-W-55,284
MOLINE MACHINERY LTD
DULUTH, MINNESOTA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and Negative
Determination 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 20, 2004, in
response to a petition filed by the International Association of
Machinists and Aerospace Workers (IAMAW) on behalf of the
workers at Moline Machinery Ltd., Duluth, Minnesota. The
workers produce industrial bakery equipment. The workers are
not separately identifiable by product line.
The investigation revealed that sales and employment at the
subject firm declined from 2002 to 2003 and again from January
through July 2004 compared to the same time period in 2003.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of industrial bakery
equipment. This survey revealed increases in customer imports
of industrial bakery equipment during the relevant time 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 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
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) of Section
246 has not been met.
Workers at the 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 articles
like or directly competitive with those produced at Moline
Machinery Ltd., Duluth, Minnesota contributed importantly to the
decline in sales or production and to the total or partial
separation of workers of that firm. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Moline Machinery Ltd., Duluth, Minnesota
who became totally or partially separated from employment
on or after July 20, 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 Moline Machinery
Ltd., Duluth, Minnesota, are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed at Washington, D.C., this 7th day of September, 2004.
/s/ Linda G. Poole
__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance