Petitioner Type: Company
Impact Date:
Filed Date: 06/08/2005
Most Recent Update: 07/12/2005
Determination Date: 07/12/2005
Expiration Date:
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,336
UNITED MACHINE WORKS, INC.
BETHEL, NORTH CAROLINA
TA-W-57,336A
UNITED MACHINE WORKS, INC.
GREENVILLE, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By letter dated August 1, 2005 a company official requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination signed on July 12, 2005 was based on the finding
that imports of automotive parts did not contribute importantly
to worker separations at the subject plant and no shift of
production to a foreign source occurred. The denial notice was
published in the Federal Register on August 26, 2005 (70 FR
50411).
To support the request for reconsideration, the company
official supplied additional information. Upon further review
and contact with the subject firm’s major customer, it was
revealed that the customer significantly increased its imports of
products like or directly competitive with automotive parts
purchased from the subject firm and decreased its purchases from
the subject firm during the relevant period. The imports
accounted for a meaningful portion of the subject plant’s lost
sales and production. The investigation further revealed that
production and employment at the subject firm declined during the
relevant time 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 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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at United
Machine Works, Inc., Bethel, North Carolina and United Machine
Works, Inc., Greenville, North Carolina, contributed importantly
to the declines in sales or production and to the total or
partial separation of workers at the subject firm. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of United Machine Works, Inc., Bethel, North
Carolina (TA-W-57,336) and United Machine Works, Inc.,
Greenville, North Carolina (TA-W-57,336A) who became totally
or partially separated from employment on or after June 3,
2004 through two years from the date of this certification,
are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are 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 September 2005.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,336
UNITED MACHINE WORKS, INC.
BETHEL, NORTH CAROLINA
TA-W-57,336A
UNITED MACHINE WORKS, INC.
GREENVILLE, NORTH CAROLINA
Negative Determinations 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on June 8, 2005, in response
to a petition filed by a company official on behalf of workers of
United Machine Works, Inc., Bethel, North Carolina (TA-W-57,336)
and United Machine Works, Inc., Greenville, North Carolina (TA-W-
57-336A). The workers produced automotive parts (more specifically
gears).
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed the subject firm did not import
automotive parts nor did they transfer production to a foreign
country during the period under investigation.
The Department of Labor conducted a survey of the subject
firm’s major declining customers regarding their purchases of
automotive parts during 2003, 2004 and January through May 2005
over the corresponding 2004 period. The survey revealed no imports
during the period under investigation.
In addition, 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of United
Machine Works, Inc., Bethel, North Carolina (TA-W-57,336) and
United Machine Works, Inc., Greenville, North Carolina (TA-W-57-
336A) are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 12th day of July, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-57,336
UNITED MACHINE WORKS, INC.
BETHEL, NORTH CAROLINA
TA-W-57,336A
UNITED MACHINE WORKS, INC.
GREENVILLE, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By letter dated August 1, 2005 a company official requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination signed on July 12, 2005 was based on the finding
that imports of automotive parts did not contribute importantly
to worker separations at the subject plant and no shift of
production to a foreign source occurred. The denial notice was
published in the Federal Register on August 26, 2005 (70 FR
50411).
To support the request for reconsideration, the company
official supplied additional information. Upon further review
and contact with the subject firm’s major customer, it was
revealed that the customer significantly increased its imports of
products like or directly competitive with automotive parts
purchased from the subject firm and decreased its purchases from
the subject firm during the relevant period. The imports
accounted for a meaningful portion of the subject plant’s lost
sales and production. The investigation further revealed that
production and employment at the subject firm declined during the
relevant time 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 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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at United
Machine Works, Inc., Bethel, North Carolina and United Machine
Works, Inc., Greenville, North Carolina, contributed importantly
to the declines in sales or production and to the total or
partial separation of workers at the subject firm. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of United Machine Works, Inc., Bethel, North
Carolina (TA-W-57,336) and United Machine Works, Inc.,
Greenville, North Carolina (TA-W-57,336A) who became totally
or partially separated from employment on or after June 3,
2004 through two years from the date of this certification,
are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are 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 September 2005.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,336
UNITED MACHINE WORKS, INC.
BETHEL, NORTH CAROLINA
TA-W-57,336A
UNITED MACHINE WORKS, INC.
GREENVILLE, NORTH CAROLINA
Negative Determinations 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on June 8, 2005, in response
to a petition filed by a company official on behalf of workers of
United Machine Works, Inc., Bethel, North Carolina (TA-W-57,336)
and United Machine Works, Inc., Greenville, North Carolina (TA-W-
57-336A). The workers produced automotive parts (more specifically
gears).
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed the subject firm did not import
automotive parts nor did they transfer production to a foreign
country during the period under investigation.
The Department of Labor conducted a survey of the subject
firm’s major declining customers regarding their purchases of
automotive parts during 2003, 2004 and January through May 2005
over the corresponding 2004 period. The survey revealed no imports
during the period under investigation.
In addition, 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of United
Machine Works, Inc., Bethel, North Carolina (TA-W-57,336) and
United Machine Works, Inc., Greenville, North Carolina (TA-W-57-
336A) are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 12th day of July, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance