TAW-57280 / ElringKlinger Sealing Systems (USA), Inc. (Livonia, MI)
Petitioner Type: Company
Impact Date: 05/27/2004
Filed Date: 06/02/2005
Most Recent Update: 06/10/2005
Determination Date: 06/10/2005
Expiration Date: 06/10/2007
Employment and Training Administration
TA-W-57,280
ELRINGKLINGER SEALING SYSTEMS (USA), INC.
A SUBSIDIARY OF ELRINGKLINGER AG
INCLDUING ON-SITE LEASED WORKERS FROM PERSONNEL UNLIMITED
LIVONIA, MICHIGAN
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 an 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 June 2, 2005, in response
to a petition filed by a company official on behalf of workers at
Elringklinger Sealing Systems (USA), Inc., a subsidiary of
Elringklinger AG, Livonia, Michigan. Workers at the subject firm
produce heat shields.
The subject firm leased some workers from Personnel Unlimited,
Livonia, Michigan.
The investigation revealed a significant number or proportion
of workers at the subject firm are threatened to become separated
from employment.
Furthermore, the investigation revealed that some of the heat
shield production at the subject firm shifted from Livonia, Montana
to a country (Mexico) that is a party to a free trade agreement
with the United States.
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 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 do not possess skills that are 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 Elringklinger Sealing Systems (USA), Inc.,
Elringklinger AG, including on-site leased workers from
Personnel Unlimited, Livonia, Michigan who became totally or
partially separated from employment on or after May 27, 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 10th day of June 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance