Petitioner Type: State
Impact Date: 01/13/2004
Filed Date: 01/14/2005
Most Recent Update: 02/16/2005
Determination Date: 02/16/2005
Expiration Date: 02/16/2007
Employment and Training Administration
TA-W-56,345
KOHLER COMPANY
SEARCY STAINLESS STEEL DIVISION
SEARCY, ARKANSAS
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), 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)(B) of
Section 222 have been met.
The investigation was initiated on January 14, 2005 in
response to a petition filed by a State agency representative on
behalf of workers at Kohler Company, Searcy Stainless Steel
Division, Searcy, Arkansas. Workers at the subject facility produce
stainless steel sinks and they are not separately identifiable by
product.
The investigation revealed that employment at the subject
facility declined from 2004 to 2005.
The preponderance in the declines in employment at the subject
facility is related to a shift in production of stainless steel
sinks 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 was a shift in production from
the workers' firm or subdivision to Mexico of articles 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:
"All workers of Kohler Company, Searcy Stainless Steel
Division, Searcy, Arkansas, who became totally or partially
separated from employment on or after January 13, 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 16th day of February, 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance