Petitioner Type: Company
Impact Date: 04/12/2004
Filed Date: 04/18/2005
Most Recent Update: 05/26/2005
Determination Date: 05/26/2005
Expiration Date: 05/26/2007
Employment and Training Administration
TA-W-56,999
DERINGER-NEY, INC.
MUNDELEIN, ILLINOIS
Certification 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 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 18, 2005 in
response to a petition filed by a company official on behalf of
workers at Deringer-Ney, Inc., Mundelein, Illinois. The workers
at the subject firm produce electrical contacts; workers are not
separately identifiable.
The investigation revealed that sales, production and
employment at the subject firm declined absolutely during the
relevant period.
The investigation further revealed that company imports of
electrical contacts increased absolutely 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).
According to company official of Deringer-Ney, Inc.,
Mundelein, Illinois, although the worker group meets the age
qualifications for ATAA, their skills are easily transferable in
the local area and competitive conditions within the industry
are not adverse. The Department has determined that criteria 2
and 3 have not been met.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with electrical contacts produced
at Deringer-Ney, Inc., Mundelein, Illinois 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 Deringer-Ney, Inc., Mundelein, Illinois,
who became totally or partially separated from employment
on or after April 12, 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 Deringer-Ney, Inc.,
Mundelein, Illinois 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 26th day of May, 2005
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance