Petitioner Type: Company
Impact Date: 10/20/2003
Filed Date: 10/27/2004
Most Recent Update: 11/19/2004
Determination Date: 11/19/2004
Expiration Date: 11/19/2006
Employment and Training Administration
TA-W-55,878
JUMPKING
TRAMPOLINE DIVISION
A SUBSIDIARY OF ICON HEALTH & FITNESS
INCLUDING LEASED WORKERS OF
GONZALES LABOR STAFFING AND PDQ STAFFING
MESQUITE, TEXAS
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 (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 October 27, 2004 in
response to a petition filed by a company official on behalf of
workers of Jumpking, Trampoline Division, a subsidiary of ICON
Health & Fitness, Mesquite, Texas. The workers produced
trampolines.
The subject firm leased some workers from Gonzales Labor
Systems and PDQ Staffing.
The investigation revealed that sales, production, and
employment at the subject firm decreased as operations ceased
November 12, 2004.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of trampolines in 2002-2003 and
January to September, 2003-2004. The survey revealed substantial
increases in imports.
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.
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 at the subject
firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced by Jumpking,
Trampoline Division, a subsidiary of ICON Health & Fitness,
Mesquite, Texas, 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 Jumpking, Trampoline Division, a subsidiary of
ICON Health & Fitness, including leased workers of Gonzales
Labor Systems and PDQ Staffing, Mesquite, Texas, who became
totally or partially separated from employment on or after
October 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."
I further determine that all workers of Jumpking, Trampoline
Division, a subsidiary of ICON Health & Fitness, including
leased workers of Gonzales Labor Systems and PDQ Staffing,
Mesquite, Texas, are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended.
Signed in Washington, D.C., this 19th day of November, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance