Petitioner Type: State
Impact Date: 12/10/2003
Filed Date: 12/13/2004
Most Recent Update: 02/04/2005
Determination Date: 02/04/2005
Expiration Date: 02/04/2007
Employment and Training Administration
TA-W-56,201
RUFFIN MOLD & MACHINE
INCLUDING LEASED WORKERS OF STAFFMARK
BENTON, ARKANSAS
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 (19
USC 2273), as amended, 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 December 13, 2004, in
response to a petition filed by a company official on behalf of
workers of Ruffin Mold & Machine, Benton, Arkansas. The workers
produce air valves.
The investigation further revealed that leased workers of
Staffmark produced air valves at Ruffin Mold & Machine, Benton,
Arkansas.
The investigation revealed that sales and employment at the
subject firm declined during the relevant period.
The Department of Labor surveyed the subject firms' major
customer regarding its purchases of air valves in 2002, 2003 and
2004. The survey revealed a major declining customer increased
their reliance on imports of air valves during the period under
investigation.
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 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 {1} has not been
met.
The investigation revealed a significant number of workers in
the workers' firm are not 50 years of age or older.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of air valves
produced at Ruffin Mold & Machine, Benton, Arkansas contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Ruffin Mold & Machine, Benton, Arkansas
including lease workers of Staffmark working at Ruffin Mold &
Machine, Benton, Arkansas, who became totally or partially
separated from employment on or after December 10, 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."
"I further determine that all workers of Ruffin Mold &
Machine, Benton, Arkansas including lease workers of Staffmark
working at Ruffin Mold & Machine, Benton, Arkansas, are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C., this 4th day of February, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance