Petitioner Type: Company
Impact Date: 05/03/2004
Filed Date: 05/12/2005
Most Recent Update: 05/31/2005
Determination Date: 05/31/2005
Expiration Date: 05/31/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,166
BURNER SYSTEMS INTERNATIONAL, INC.
MANSFIELD, OHIO
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), 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)(B) of Section 222 have been met.
The investigation was initiated on May 12, 2005 in response
to a petition filed by a company official on behalf of workers of
Burner Systems International, Inc., Mansfield, Ohio. The workers
at the subject firm produced gas components for gas appliances.
The preponderance in the declines in employment at the
subject plant is related to a shift in plant production of
components for gas appliances to a country (Mexico) that is a
party to free trade agreement with the United States.
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 addition, 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 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 Burner Systems International, Inc.,
Mansfield, Ohio, who became totally or partially separated
from employment on or after May 3, 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 31st day of May 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance