Petitioner Type: State
Impact Date: 01/27/2004
Filed Date: 01/31/2005
Most Recent Update: 03/31/2005
Determination Date: 03/31/2005
Expiration Date: 03/31/2007
Employment and Training Administration
TA-W-56,438
HI-TECH ENGINEERING
D/B/A HIGH-TECH COMACT
A SUBSIDIARY OF COMACT, INC
INCLUDING LEASED WORKERS OF STAFFMARK
HOT SPRINGS, ARKANSAS
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 (19
USC 2273), 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)(A) of
Section 222 have been met.
The investigation was initiated on January 31, 2005, in
response to a petition filed by a state agency representative on
behalf of workers of Hi-Tech Engineering d/b/a High-Tech Comact, a
subsidiary of Comact, Inc., Hot Springs, Arkansas. The workers
produce saw mill equipment. The subject facility leased workers
from Staffmark.
The investigation revealed that sales and production at the
subject facility decreased in 2004 when compared to 2003 and that
employment at the subject facility has decreased in the past year.
Furthermore, the Department of Labor surveyed the companies to
which the subject firm submitted a bid for a contract to produce
sawmill equipment. The survey revealed that a significant portion
of contracts were awarded to foreign bidders with the subject firm
being the lowest domestic bidder.
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 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 to other positions in
the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with saw mill equipment produced at
Hi-Tech Engineering d/b/a High-Tech Comact, a subsidiary of Comact,
Inc., Hot Springs, Arkansas contributed importantly to the total or
partial separation of workers and to the decline in sales or
production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Hi-Tech Engineering d/b/a High-Tech Comact, a
subsidiary of Comact, Inc., including leased workers of
Staffamark, Hot Springs, Arkansas who became totally or
partially separated from employment on or after January 27,
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 Hi-Tech Engineering d/b/a
High-Tech Comact, a subsidiary of Comact, Inc., including leased
workers of Staffmark, Hot Springs, Arkansas are denied eligibility
to apply for alternative trade assistance under section 246 of the
Trade Act of 1974.
Signed in Washington, D. C. this 31st day of March 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance