Petitioner Type: Workers
Impact Date: 03/21/2004
Filed Date: 04/01/2005
Most Recent Update: 05/13/2005
Determination Date: 05/13/2005
Expiration Date: 05/13/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,867
MANUAL TRANSMISSIONS OF MUNCIE, LLC
MUNCIE, INDIANA
Notice of Revised Determination on Reconsideration
of Alternative Trade Adjustment Assistance
By letter dated June 15, 2005, International Union, United
Automobile, Aerospace & Agricultural Implement Workers of
America, Region 3 and Local 499 requested administrative
reconsideration regarding Alternative Trade Adjustment Assistance
(ATAA) applicable to workers of the subject firm. The negative
determination was signed on May 13, 2005, and was published in
the Federal Register on June 13, 2005 (70 FR 34155).
The workers of Manual Transmissions of Muncie, LLC, Muncie,
Indiana were certified eligible to apply for Trade Adjustment
Assistance (TAA) on May 13, 2005.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
In the request for reconsideration, the union
representative provided new information confirming that the
skills of the workers at the subject firm are not easily
transferable in the local commuting area.
Additional investigation has determined that the workers
possess skills that are not easily transferable. A significant
number or proportion of the worker group are age fifty years or
over. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Manual Transmissions of Muncie, LLC, Muncie,
Indiana, who became totally or partially separated from
employment on or after March 21, 2004 through May 13, 2007,
are eligible to apply for trade 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 1st day of July 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,867
MANUAL TRANSMISSIONS OF MUNCIE, LLC
MUNCIE, INDIANA
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 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 April 1, 2005 in response
to a petition filed on behalf of workers of Manual Transmissions of
Muncie, LLC, Muncie, Indiana. The workers at the subject firm
produce manual transmissions and parts.
The investigation revealed that production and employment at
the subject firm declined from 2003 to 2004 and in January through
March 2005 when compared to the same period of the previous year.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of manual
transmissions and parts in 2003, 2004, and in January through March
2005. The survey revealed increases in import purchases of these
products product during the relevant period.
In addition, in accordance with Section 246 of 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 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 2 has not been
met.
The workers of Manual Transmissions of Muncie, LLC, Muncie,
Indiana possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with manual transmissions and parts
produced by Manual Transmissions of Muncie, LLC, Muncie Plant,
Muncie, Indiana, contributed importantly to the total or partial
separation of workers and to the decline in production and at that
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Manual Transmissions of Muncie, LLC, Muncie
Plant, Muncie, Indiana, who became totally or partially
separated from employment on or after March 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;” and
I further determine that all workers of Manual Transmissions
of Muncie, LLC, Muncie Plant, Muncie, Indiana 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 13th day of May, 2005.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-56,867
MANUAL TRANSMISSIONS OF MUNCIE, LLC
MUNCIE, INDIANA
Notice of Revised Determination on Reconsideration
of Alternative Trade Adjustment Assistance
By letter dated June 15, 2005, International Union, United
Automobile, Aerospace & Agricultural Implement Workers of
America, Region 3 and Local 499 requested administrative
reconsideration regarding Alternative Trade Adjustment Assistance
(ATAA) applicable to workers of the subject firm. The negative
determination was signed on May 13, 2005, and was published in
the Federal Register on June 13, 2005 (70 FR 34155).
The workers of Manual Transmissions of Muncie, LLC, Muncie,
Indiana were certified eligible to apply for Trade Adjustment
Assistance (TAA) on May 13, 2005.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
In the request for reconsideration, the union
representative provided new information confirming that the
skills of the workers at the subject firm are not easily
transferable in the local commuting area.
Additional investigation has determined that the workers
possess skills that are not easily transferable. A significant
number or proportion of the worker group are age fifty years or
over. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Manual Transmissions of Muncie, LLC, Muncie,
Indiana, who became totally or partially separated from
employment on or after March 21, 2004 through May 13, 2007,
are eligible to apply for trade 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 1st day of July 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,867
MANUAL TRANSMISSIONS OF MUNCIE, LLC
MUNCIE, INDIANA
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 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 April 1, 2005 in response
to a petition filed on behalf of workers of Manual Transmissions of
Muncie, LLC, Muncie, Indiana. The workers at the subject firm
produce manual transmissions and parts.
The investigation revealed that production and employment at
the subject firm declined from 2003 to 2004 and in January through
March 2005 when compared to the same period of the previous year.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of manual
transmissions and parts in 2003, 2004, and in January through March
2005. The survey revealed increases in import purchases of these
products product during the relevant period.
In addition, in accordance with Section 246 of 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 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 2 has not been
met.
The workers of Manual Transmissions of Muncie, LLC, Muncie,
Indiana possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with manual transmissions and parts
produced by Manual Transmissions of Muncie, LLC, Muncie Plant,
Muncie, Indiana, contributed importantly to the total or partial
separation of workers and to the decline in production and at that
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Manual Transmissions of Muncie, LLC, Muncie
Plant, Muncie, Indiana, who became totally or partially
separated from employment on or after March 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;” and
I further determine that all workers of Manual Transmissions
of Muncie, LLC, Muncie Plant, Muncie, Indiana 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 13th day of May, 2005.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance