DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,215

BENDIX C.V.S. LLC
FRANKFORT, KENTUCKY

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 13, 2004, in
response to a petition filed by the Paper, Allied-industrial,
Chemical, & Energy Workers International Union, Local 5-5-32 on
behalf of workers of Bendix C.V.S. LLC, Frankfort, Kentucky.
The workers produce air compressors for heavy trucks. The
workers are separately identifiable by product.
The investigation revealed that employment at the subject
firm declined from January through November 2004 over the
corresponding 2003 period.
The subject firm has shifted production of subassembly for
heads, pistons and ICV units to Mexico, 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 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 Mexico of subassembly
for heads, pistons and ICV units that are like or directly
competitive with those produced by the subject firm or
subdivision. In accordance with the provisions of the Act, I
make the following certification:
"Workers of Bendix C.V.S. LLC, Frankfort, Kentucky, engaged
in the production of subassembly of heads, pistons and ICV
units, who became totally or partially separated from
employment on or after December 3, 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."
Signed in Washington, D.C., this 26th day of January, 2005.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance