DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,415

BROOKE INDUSTRIES, INC.
FOND DU LAC, WISCONSIN

Negative Determination 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 an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualify as adversely
affected secondary workers acting as downstream producers for a
firm or subdivision primarily affected by increased imports from
Canada or Mexico or a shift of production to Canada or Mexico.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or

(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

The investigation was initiated on August 11, 2004, in
response to a petition filed by a state agency representative on
behalf of workers at Brooke Industries, Inc., Fond du Lac,
Wisconsin. The workers at the subject firm are engaged in
packaging of products for unaffiliated companies.
The investigation revealed that criterion (1) has not been
met.
The subject firm did not separate or threaten to separate a
significant number or proportion of workers as required by
Section 222 of the Trade Act of 1974. Significant number or
proportion of the workers in a firm or appropriate subdivision
thereof, means that at least three workers with a workforce of
fewer than 50 workers or five percent of the workers with a
workforce over 50 workers. Separations by the subject firm did
not meet this threshold level.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of
Brooke Industries, Inc., Fond du Lac, Wisconsin, do not qualify
as adversely affected secondary workers and are denied
eligibility to apply for adjustment assistance under section
223(b) of the Trade Act of 1974, and alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974.
Signed at Washington, D.C., this 2nd day of September 2004

/s/ Linda G. Poole

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