DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,319

DANAHER LINEAR MOTION SYSTEMS
A DIVISION OF THE DANAHER MOTION GROUP
FORMERLY KNOWN AS THOMSON BAY COMPANY
BAY CITY, MICHIGAN

Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance

The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order to
provide equitable access to ATAA for worker groups whose petitions
were still in process at the time of implementation of the ATAA
program on August 6, 2003. Under this new interpretation, worker
groups covered by the certification of a petition that was in
process on August 6, 2003 may request ATAA consideration for the
certified worker group. In addition, certified worker groups who
filed petitions after that date may also request ATAA if the
petition did not include an option to apply for ATAA. The request
must be made to the Department and may be made by anyone who was
entitled to file the original petition under section 221(a)(1) of
the Act.
By letter dated May 9, 2005, the International Union, United
Automobile, Aerospace & Agricultural Implement Workers of America,
Local 2275, requested ATAA consideration for workers at the subject
firm located in Bay City, Michigan.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the carriage and profile rail
industry are adverse.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that the requirements of Section 246(a)(3)(A) of the Trade
Act of 1974, as amended, have been met for workers at the subject
firm.
In accordance with the provisions of the Act, I make the
following certification:






"Workers engaged in employment related to the production of
carriage and profile rails at Danaher Linear Motion Systems, a
division of the Danaher Motion Group, formerly known as
Thomson Bay Company, Bay City, Michigan, who became totally or
partially separated from employment on or after July 19, 2003
through October 8, 2006 are eligible to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act
of 1974, as amended.”
Signed in Washington, D.C., this 23rd day of June 2005


/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,319

DANAHER LINEAR MOTION SYSTEMS
A DIVISION OF THE DANAHER MOTION GROUP
FORMERLY KNOWN AS THOMSON BAY COMPANY
BAY CITY, MICHIGAN

Determinations Regarding Eligibility
To Apply for Worker 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on July 26, 2004 in response
to a petition filed by the International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America (UAW),
Local 2275, on behalf of workers of Danaher Linear Motion Systems,
a division of the Danaher Motion Group, formerly known as Thomson
Bay Company, Bay City, Michigan. Workers at the subject firm
manufacture carriage and profile rails, and ball screws. Workers
are separately identifiable by product line and are engaged in the
production of either carriage and profile rails, or ball screws.
It is determined that the requirements of (a)(2)(A) have been
met for workers producing carriage and profile rails at Danaher
Linear Motion Systems, a division of the Danaher Motion Group,
formerly known as Thomson Bay Company, Bay City, Michigan.
The investigation revealed that sales of carriage and profile
rails at the subject firm declined from 2002 to 2003 and that
workers are threatened with separations.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of carriage and
profile rails. This survey revealed increases in imports of
carriage and profile rails during the period under investigation.
However, the investigation revealed that criteria
(a)(2)(B)(I.C) and (a)(2)(B)(II.B) were not met for workers
producing ball screws at Danaher Linear Motion Systems, a division
of the Danaher Motion Group, formerly known as Thomson Bay Company,
Bay City, Michigan.
The investigation revealed that the subject firm neither
imported ball screws nor did the subject firm shift production of
ball screws to a foreign country during 2002 to 2003, or from
January to August 2004.
The Department of Labor surveyed the subject firm’s greatest
declining customers regarding their purchases of ball screws. The
survey revealed no imports of ball screws during the period under
investigation.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with the carriage and profile rails
produced at Danaher Linear Motion Systems, a division of the
Danaher Motion Group, formerly known as Thomson Bay Company, Bay
City, 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:
"Workers engaged in the production of carriage and profile
rails at Danaher Linear Motion Systems, a division of the
Danaher Motion Group, formerly known as Thomson Bay Company,
Bay City, Michigan, who became totally or partially separated
from employment on or after July 19, 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
Furthermore, after careful review, I determine that workers
engaged in the production of ball screws at Danaher Linear Motion
Systems, a division of the Danaher Motion Group, formerly known as


Thomson Bay Company, Bay City, Michigan, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 8th day of October, 2004.


/s/ Elliott S. Kushner

_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance




May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.