Petitioner Type: State
Impact Date: 01/19/2004
Filed Date: 01/25/2005
Most Recent Update: 01/31/2005
Determination Date: 01/31/2005
Expiration Date: 01/31/2007
Employment and Training Administration
TA-W-56,394
BBB INDUSTRIES
OCA DIVISION
MIRA LOMA, CALIFORNIA
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 25, 2005 in
response to a petition filed by a state workforce agent on behalf
of workers of BBB Industries, OCA Division, Mira Loma, California.
The workers are engaged in the remanufacturing of starters and
alternators.
The declines in employment at the subject firm are related to
a shift in production of starters and alternators to a country
(Mexico) that is a party to a free trade agreement with the United
States.
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. There is not a significant number of workers in the workers'
firm who are 50 years of age or older.
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 BBB Industries, OCA Division, Mira Loma,
California, who became totally or partially separated from
employment on or after January 19, 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 BBB Industries, OCA
Division, Mira Loma, California, 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 31st day of January, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance