Petitioner Type: Company
Impact Date:
Filed Date: 01/27/2005
Most Recent Update: 02/11/2005
Determination Date: 02/11/2005
Expiration Date:
Employment and Training Administration
TA-W-56,406
J-STAR BODCO, INC.
FORT ATKINSON, WISCONSIN
Negative Determinations 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.
The investigation was initiated on January 27, 2005 in
response to a petition filed by a company official on behalf of
workers of J-Star Bodco, Inc., a subsidiary of Industries Bodco,
Inc., Fort Atkinson, Wisconsin. The workers warehoused and shipped
unloaders, barn cleaners and other agricultural equipment.
Workers of the subject firm formerly produced agricultural
equipment. They were certified eligible to apply for adjustment
assistance on November 22, 2002 (Reference number: TA-W-50,116).
That certification expired November 22, 2004.
This investigation revealed that the subject firm
does not produce an article within the meaning of Section 222(a)(2)
of the Act. In order to be considered eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that has produced an article within the
last year and there must be a relationship between the workers'
work and the article produced by the workers' firm or appropriate
subdivision. The workers engaged in the warehousing and
distribution of unloaders, barn cleaners and other agricultural
equipment do not support a firm or appropriate subdivision that
produces an article domestically that is trade effected and thus
the worker group can not be considered import impacted or affected
by a shift in production of an article.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of J-Star Bodco, Inc.,
a subsidiary of Industries Bodco,, Inc., Fort Atkinson, Wisconsin
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 11th day of February 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance