Petitioner Type: Workers
Impact Date: 05/16/2004
Filed Date: 05/25/2005
Most Recent Update: 07/01/2005
Determination Date: 07/01/2005
Expiration Date: 07/01/2007
Employment and Training Administration
TA-W-57,257
IEC ELECTRONICS CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF AEROTEK AND
KELLY SERVICES
NEWARK, NEW YORK
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 25, 2005 in response to
a petition filed on behalf of workers at IEC Electronics
Corporation, Newark, New York. The workers at the subject firm
produce printed circuit boards.
The investigation revealed that sales and employment at the
subject firm decreased from 2003 to 2004 and again during the
period of January through May of 2005 compared to the same period
in 2004.
The investigation revealed that the subject firm also leased
workers on-site from Aerotek and Kelly Service to produce printed
circuit boards.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of printed circuit
boards during 2003, 2004 and January through May 2005 over the
corresponding 2004 period. The survey revealed increased imports
of printed circuit boards during the period under investigation.
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 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 printed circuit boards produced
at the subject firm 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 IEC Electronics Corporation, including on-site
leased workers of Aerotek and Kelly Services, Newark, New
York, who became totally or partially separated from
employment on or after May 16, 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 1st day of July 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance