Petitioner Type: Company
Impact Date: 05/09/2004
Filed Date: 05/16/2005
Most Recent Update: 06/22/2005
Determination Date: 06/22/2005
Expiration Date: 06/22/2007
Employment and Training Administration
TA-W-57,183
PANASONIC MOTOR COMPANY
A DIVISION OF PANASONIC CORPORATION OF NORTH AMERICA
MOTOR DIVISION
INCLUDING ON-SITE LEASED WORKERS OF
CBS COMPANIES STAFFING AGENCY
BEREA, KENTUCKY
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 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 16, 2005 in response to
a petition filed a company official on behalf of workers at
Panasonic Motor Company, a Division of Panasonic Corporation of
North America, Motor Division, Berea, Kentucky. The workers at the
subject firm produce electronic motors for vacuum cleaners.
The subject firm leased on-site workers from CBS Companies
staffing agency.
The investigation revealed that the subject firm's employment
and production of electric motors for vacuum cleaners declined from
2003 to 2004, and in January through April 2005 when compared to
the same period of the previous year.
The investigation further revealed that company imports of
electronic motors for vacuum cleaners increased 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 Panasonic Motor Company, a
Division of Panasonic Corporation of North America, Motor Division,
Berea, Kentucky, although the worker group meets the age
qualifications for ATAA, conditions within the industry are not
adverse and their skills are easily transferable in the local area.
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 electronic motors (a component
part) for vacuum cleaners, anti locking brake motors that are like
or directly competitive with those produced by Panasonic Motor
Company, a Division of Panasonic Corporation of North America,
Motor Division, Berea, Kentucky, 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:
"Workers of Panasonic Motor Company, a Division of Panasonic
Corporation of North America, Motor Division, including on-
site leased workers of CBS Companies Staffing Agency, Berea,
Kentucky, engaged in employment related to the production of
electric motors for vacuum cleaners, who became totally or
partially separated from employment on or after May 9, 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 workers of Panasonic Motor Company, a
Division of Panasonic Corporation of North America, Motor Division,
including on-site leased workers of CBS Companies Staffing Agency,
Berea, Kentucky, engaged in employment related to the production of
electric motors for vacuum cleaners, 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 22nd day of June, 2005.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance