Petitioner Type: State
Impact Date:
Filed Date: 04/07/2005
Most Recent Update: 05/17/2005
Determination Date: 05/17/2005
Expiration Date:
Employment and Training Administration
TA-W-56,903
MILWAUKEE SIGN COMPANY, LLC
GRAFTON, 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 group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on April 7, 2005 in re-
sponse to a petition filed by a state Workforce Development
Official on behalf of workers at Milwaukee Sign Company, LLC,
Grafton, Wisconsin. The workers produce industrial signs and are
not separately identifiable by specific product line.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
Petitioners allege company imports have been the cause of
separations at the subject plant. The investigation revealed,
however, that there were no company imports of industrial signs,
nor was there a shift in production from the Grafton, Wisconsin
plant to a foreign country during the period under
investigation. Some components of signs have been imported, but
they are not like or directly competitive with the articles
manufactured at the Grafton facility.
The investigation further revealed that sales increased in
2004, and employment did not decline in 2004 or in the first
quarter of 2005. It is anticipated that all production of
industrial signs at Grafton will be transferred to another
domestic facility beginning in July of 2005.
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, I determine that all workers of
Milwaukee Sign Company, LLC, Grafton, 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 17th day of May, 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance