Petitioner Type: State
Impact Date: 01/21/2004
Filed Date: 01/21/2005
Most Recent Update: 02/03/2005
Determination Date: 02/03/2005
Expiration Date: 02/03/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,367
COLUMBUS INDUSTRIES TEXAS LLP
A SUBSIDIARY OF COLUMBUS INDUSTRIES, INC
INCLUDING LEASED WORKERS OF
ALLEGIANCE STAFFING
EL PASO, TEXAS
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, 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 January 21, 2005 in
response to a petition filed by a Texas State Workforce
Commission official on behalf of the workers of Columbus
Industries Texas LLP, a subsidiary of Columbus Industries, Inc,
El Paso, Texas. The workers at the subject facility produce air
filters.
The subject facility leases workers from Allegiance
Staffing.
The preponderance in the declines in employment at the
subject facility is related to a shift in production of air
filters to a country (Mexico) that is 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 assis-
tance (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 with the workers' industry
(i.e., conditions with the industry are adverse).
The Department has concluded that criterion 2 has not been
met.
The investigation revealed that workers of the subject firm
possess skills that are easily transferable.
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 Columbus Industries Texas LLP, a subsidiary
of Columbus Industries, Inc, including leased workers of
Allegiance Staffing, El Paso, Texas who became totally or
partially separated from employment on or after January 21,
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."
I further determine that all workers of Columbus Industries
Texas LLP, a subsidiary of Columbus Industries, Inc, including
leased workers of Allegiance Staffing, El Paso, Texas are denied
eligibility to apply for alternative trade assistance under
section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 3rd day of February 2005.
/s/ Richard Church
____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance