Petitioner Type: State
Impact Date: 01/10/2005
Filed Date: 12/09/2004
Most Recent Update: 01/28/2005
Determination Date: 01/28/2005
Expiration Date: 01/28/2007
Employment and Training Administration
TA-W-56,191
NILFISK-ADVANCE, INC.
PLYMOUTH, MINNESOTA
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 on December 9, 2004, in
response to a petition filed by a State agency representative on
behalf of workers of Nilfisk-Advance, Inc., Plymouth, Minnesota.
The workers produce commercial and industrial floor cleaning
equipment.
Workers of the subject firm were previously certified
eligible to apply for adjustment assistance under petition
number TA-W-42,232, which expired January 9, 2005.
The preponderance in the declines in employment at the
subject firm is related to a shift in plant production of
commercial and industrial floor cleaning equipment to China. The
company imports of commercial and industrial floor cleaning
equipment increased from 2003 to 2004.
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 addition, 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 do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production
from the workers' firm or subdivision to China of articles that
are like or directly competitive with those produced by the
subject firm or subdivision, and there has been or is likely to
be an increase in imports of like or directly competitive
articles. In accordance with the provisions of the Act, I make
the following certification:
"Workers of Nilfisk-Advance, Inc., Plymouth, Minnesota, who
became totally or partially separated from employment on or
after January 10, 2005, through two years from the date of
certification are eligible to apply for adjustment assis-
tance 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 28th day of January, 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance