Petitioner Type: Workers
Impact Date: 05/07/2004
Filed Date: 11/05/2004
Most Recent Update: 11/23/2004
Determination Date: 11/23/2004
Expiration Date: 11/23/2006
Employment and Training Administration
TA-W-55,937
CHERRY CORPORATION
CHERRY AUTOMOTIVE DIVISION
WAUKEGAN, ILLINOIS
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 an 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)(B) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on November 5, 2004, and filed on behalf of workers at
Cherry Corporation, Cherry Automotive Division, Waukegan, Illinois.
The workers produce automotive switches and modules.
The decline in employment at the subject plant is related to a
shift in plant production of automotive switches and modules to a
country (Mexico) that is a party to a free trade agreement with the
United States.
The investigation further revealed that the workers at the
subject firm were under an existing TAA certification (TA-W-
40,619A) through May 6, 2004.
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 workers of the subject firm
possess skills that are easily transferable to other positions in
the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Cherry Corporation, Cherry Automotive
Division, Waukegan, Illinois, who became totally or partially
separated from employment on or after May 7, 2004, 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 Cherry Corporation,
Cherry Automotive Division, Waukegan, Illinois, are denied
eligibility to apply for alternative trade assistance under section
246 of the Trade Act of 1974.
Signed in Washington, D.C. this 23rd day of November 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance