DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,561

NIBCO, INC.
EASTSIDE PLANT
ELKHART, INDIANA

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, as
amended (19 USC 2273), 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 September 7, 2004 in
response to a petition filed by on behalf of workers at NIBCO,
Inc., Eastside Plant, Elkhart, Indiana. The workers at the subject
firm produce injection plastic molds and expansion dies. The
workers are not separately identifiable by product.
The investigation revealed that production and employment at
the subject firm declined from 2002 to 2003 and again during the
period of January through August of 2004 compared to the same
period in 2003.
The investigation further revealed that the subject firm
increased imports of injection plastic molds and expansion dies
during the relevant period.
In addition, in accordance with Section 246 of 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 that the workers possess skills
that are easily transferable to other positions.


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 injection plastic molds and
expansion dies produced by NIBCO, Inc., Eastside Plant, Elkhart,
Indiana contributed importantly to the total or partial separation
of workers and to the decline in sales or production and at that
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of NIBCO, Inc., Eastside Plant, Elkhart, Indiana,
who became totally or partially separated from employment on
or after August 18, 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 NIBCO, Inc., Eastside
Plant, Elkhart, Indiana are denied eligibility for Alternative
Trade Adjustment Assistance under Section 246 of the Trade Act
of 1974."
Signed in Washington, D. C. this 24th day of September 2004.

/s/ Elliott S. Kushner

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