Petitioner Type: Union
Impact Date: 04/08/2004
Filed Date: 04/11/2005
Most Recent Update: 05/03/2005
Determination Date: 05/03/2005
Expiration Date: 05/03/2007
Employment and Training Administration
TA-W-56,934
LENNOX HEARTH PRODUCTS, INC.
SUBSIDIARY OF LENNOX INTERNATIONAL, INC.
BURLINGTON, WASHINGTON
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 April 11, 2005 in response
to a petition filed by a District Representative of Ironworkers
International, Local #506, on behalf of workers at Lennox Hearth
Products, Inc., subsidiary of Lennox International, Inc.,
Burlington, Washington. The workers at the subject firm produce
free standing stoves (e.g.- pellet stoves, wood burning stoves, and
gas stoves).
The investigation revealed that employment at the subject firm
decreased from 2003 to 2004 and again during the period of January
through March 2005 compared to the same period in 2004.
The preponderance in the declines in employment at the subject
firm is related to a shift in production of fabricated components
for use in manufacturing free standing stoves to a country (Mexico)
that is a party to a free trade agreement with the United States.
Moreover, finished assembly of free standing stoves at the subject
facility shall also be shifted to Mexico.
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 (2) has not been
met.
The investigation revealed that the workers possess skills
that are easily transferable to other positions.
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 Lennox Hearth Products, Inc., subsidiary of
Lennox International, Inc., Burlington, Washington who became
totally or partially separated from employment on or after
April 8, 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 Lennox Hearth
Products, Inc., subsidiary of Lennox International, Inc.,
Burlington, Washington are denied eligibility for Alternative
Trade Adjustment Assistance under Section 246 of the Trade Act
of 1974.
Signed in Washington, D.C. this 3rd day of May 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance