Petitioner Type: Workers
Impact Date: 11/06/2004
Filed Date: 11/22/2004
Most Recent Update: 01/21/2005
Determination Date: 01/21/2005
Expiration Date: 01/21/2007
Employment and Training Administration
TA-W-56,053
GILMAN ENGINEERING AND MANUFACTURING CO. LLC.
INCLUDING ON-SITE LEASED WORKERS OF
VAN MARTER AND ASSOCIATES INC., ADVANCED PROJECT SERVICES LLC.,
TECHSTAFF OF MILWAUKEE INC., ARGUS AND ASSOCIATES INC., AND
HANTECH LLC.
JANESVILLE, WISCONSIN
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 (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 November 22, 2004 in
response to a petition filed on behalf of workers of Gilman
Engineering and Manufacturing Co., LLC., Janesville, Wisconsin.
The workers at the subject facility produced automated assembly
and welding systems and are not separately identifiable by
product.
Workers of the subject firm were previously certified
eligible to apply for trade adjustment assistance under petition
number TA-W-41,961, which expired November 5, 2004.
The investigation revealed that sales and employment
declined absolutely during the periods of 2003, 2004, and for
the month of October in 2004 when compared to the same month of
the previous year. The investigation revealed that the subject
firm also leases workers from Van Marter and Associates Inc.,
Advanced Project Services LLC, Techstaff of Milwaukee Inc.,
Argus and Associates Inc., and Hantech LLC.
The Department of Labor surveyed the entities to which
Gilman Engineering and Manufacturing Co., LLC. had submitted
bids during the relevant period (2003 and 2004) to produce
assembly or welding systems. This survey determined that in
several instances the bids were awarded to foreign manufacturers
when the subject firm was the lowest domestic bidder.
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 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 facility 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 determine that increases of imports of articles
like or directly competitive with automated assembly and welding
systems produced at Gilman Engineering and Manufacturing Co.,
LLC., Janesville, Wisconsin, contributed importantly to the
total or partial separation of workers and to the decline in
sales or production at that facility or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Gilman Engineering and Manufacturing Co.,
LLC., Janesville, Wisconsin, including on-site leased
workers of Van Marter and Associates Inc., Advanced Project
Services LLC, Techstaff of Milwaukee Inc., Argus and
Associates Inc., and Hantech LLC, who became totally or
partially separated from employment on or after November 6,
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 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 21st day of January, 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance