Petitioner Type: State
Impact Date:
Filed Date: 11/09/2004
Most Recent Update: 11/30/2004
Determination Date: 11/30/2004
Expiration Date:
Employment and Training Administration
TA-W-55,957
STELLAR ENGINEERING, INC.
WARREN, MICHIGAN
Negative Determinations 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 November 9, 2004 in
response to a petition filed by the State of Michigan Department of
Labor on behalf of workers of Stellar Engineering, Inc., Warren,
Michigan. Workers perform engineering/design services for
unaffiliated firms that manufacture automotive tooling. The firm
uses CAD systems to create designs conveyed to clients in
electronic format.
The investigation revealed that Stellar Engineering, Inc.,
Warren, Michigan 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 workers of Stellar Engineering, Inc., Warren,
Michigan do not support a firm or appropriate subdivision that
produces an article domestically and thus the worker group cannot
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 assis-
tance (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
Stellar Engineering, Inc., Warren, Michigan 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 30th day of November 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance