Petitioner Type: Company
Impact Date:
Filed Date: 10/04/2004
Most Recent Update: 10/29/2004
Determination Date: 10/29/2004
Expiration Date:
Employment and Training Administration
TA-W-55,732
JOHN CRANE, INC.
MCALLEN WAREHOUSE
MCALLEN, TEXAS
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, 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 investigation was initiated on September 30, 2004 in
response to a petition filed by a company official on behalf of
workers of John Crane, Inc., McAllen Warehouse, McAllen, Texas.
The workers were engaged in warehousing and distributing mechanical
seals for automotive and other commercial applications.
The investigation revealed that John Crane, Inc., McAllen
Warehouse, McAllen, Texas, does not produce an article within the
meaning of Section 222(a)(2) of the Act. In order to be considered
eligible to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, the worker group seeking certification (or
on whose behalf certification is being sought) must work for a
"firm" or appropriate subdivision that produces an article and
there must be a relationship between the workers' work and the
article produced by the workers' firm or appropriate subdivision.
The distribution and warehouse workers above do not support a firm
or appropriate subdivision that produces an article domestically
and thus the worker group can not be considered import impacted or
affected by a shift in production of an article.
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 John
Crane, Inc., McAllen Warehouse, McAllen, Texas, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D. C. this 29th day of October 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance