Petitioner Type: State
Impact Date: 06/24/2004
Filed Date: 06/24/2005
Most Recent Update: 09/13/2005
Determination Date: 09/13/2005
Expiration Date: 09/13/2007
Employment and Training Administration
TA-W-57,448
MAMMOTH, INC.
CHASKA, MINNESOTA
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 (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)(B) of
Section 222 have been met.
The investigation was initiated on June 24, 2005 and filed by
a state workforce agent on behalf of workers of Mammoth, Inc.,
Chaska, Minnesota. The workers produce large commercial rooftop
air conditioners.
The investigation revealed that sales, production, and
employment at the subject facility declined from August 2004
through June 2005 when compared with the same preceding period.
The investigation also revealed that company imports of large
commercial rooftop air conditioners increased during the relevant
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.
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 investigation revealed that workers skills are easily
transferable in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced by the subject
firm contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Mammoth, Inc., Chaska, Minnesota, who became
totally or partially separated from employment on or after
June 24, 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 all workers of Mammoth, Inc., Chaska,
Minnesota, 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 13th day of September, 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance