Petitioner Type: Workers
Impact Date: 04/28/2004
Filed Date: 05/06/2005
Most Recent Update: 06/14/2005
Determination Date: 06/14/2005
Expiration Date: 06/14/2007
Employment and Training Administration
TA-W-57,126
TEKMAX, INC.
A SUBSIDIARY OF MITEK INDUSTRIES, INC.
TANGENT, OREGON
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 (19
USC 2273), as amended, 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 May 6, 2005, in response
to a petition filed on behalf of workers of Tekmax, Inc., a
subsidiary of Mitek Industries, Inc., Tangent, Oregon. The
workers produce automation equipment used in lead acid battery
production (i.e. enveloping and stacking machines).
The investigation revealed that the sales, production and
employment declined from January through April 2005 over the
corresponding 2004 period.
The Department of Labor surveyed the subject firm's
customers regarding their purchases of automation equipment used
in lead acid battery production (i.e. enveloping and stacking
machines). The surveys revealed that a customer increased their
reliance of import purchases during the period of 2004.
Furthermore, the investigation revealed that there were
substantial and increasing aggregate United States imports of
automation equipment used in lead acid battery production (i.e.
enveloping and stacking machines) from January through March
2005 over the corresponding 2004 period.
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 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 group eligibility
requirements of Section 246 of the Trade Act must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with automation equipment used in
lead acid battery production produced at Tekmax, Inc., a
subsidiary of Mitek Industries, Inc., Tangent, Oregon
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 Tekmax, Inc., a subsidiary of Mitek
Industries, Inc., Tangent, Oregon who became totally or
partially separated from employment on or after April 28,
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 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 14th day of June, 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance