Petitioner Type: Workers
Impact Date: 06/09/2004
Filed Date: 06/16/2005
Most Recent Update: 07/05/2005
Determination Date: 07/05/2005
Expiration Date: 07/05/2007
Employment and Training Administration
TA-W-57,387
GILBERT MARTIN WOODWORKING COMPANY, INC.
d/b/a MARTIN FURNITURE
SAN DIEGO, CALIFORNIA
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 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 16, 2005 in response
to a petition filed on behalf of workers of Gilbert Martin
Woodworking Company, Inc., d/b/a Martin Furniture, San Diego,
California. The workers produce wood furniture.
The declines in employment at the subject firm are related to
a shift in production of wood furniture to a country (Mexico) that
is a party to a free trade agreement with the United States.
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.
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).
The Department has determined that criterion 2 has not been
met. The workers in the workers' firm possess skills that are
easily transferable within the geographical area.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude 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 Gilbert Martin Woodworking Company, Inc.,
d/b/a Martin Furniture, San Diego, California, who became
totally or partially separated from employment on or after
June 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."
I further determine that all workers of Gilbert Martin
Woodworking Company, Inc., d/b/a Martin Furniture, San Diego,
California, 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 5th day of July, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance