Petitioner Type: Company
Impact Date: 11/16/2003
Filed Date: 11/18/2004
Most Recent Update: 11/24/2004
Determination Date: 11/24/2004
Expiration Date: 11/24/2006
Employment and Training Administration
TA-W-56,033
DURA OPERATING CORPORATION
CABLE DIVISION
INCLUDING LEASED WORKERS OF SPERION
BROOKFIELD, MISSOURI
Certification 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.
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 November 18, 2004 in response
to a petition filed by a company official on behalf of workers at
Dura Operating Corporation, Cable Division, Brookfield, Missouri.
The workers produce brake cables and are not separately
identifiable by product line.
The investigation further revealed that leased workers of
Sperion produced brake cables at Dura Operating Corporation,
Brookfield, Missouri.
The investigation revealed that employment at the subject
plant declined and the subject firm shifted production of brake
cables to a country (Mexico) that is a party to a Free Trade
Agreement with the United States.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there were layoffs and a shift in
production from the subject firm to Mexico of articles that are
like or directly competitive with the articles produced by the
subject firm. In accordance with the provisions of the Act, I make
the following certification:
"All workers Dura Operating Corporation, Cable Division,
Brookfield, Missouri including lease workers of Sperion
working at Dura Operating Corporation, Cable Division,
Brookfield, Missouri, who became totally or partially
separated from employment on or after November 16, 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 are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed in Washington, D. C. this 24th day of November, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance