Petitioner Type: Company
Impact Date: 06/24/2004
Filed Date: 07/08/2005
Most Recent Update: 07/19/2005
Determination Date: 07/19/2005
Expiration Date: 07/19/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,529
BATESVILLE CASKET COMPANY
NASHUA MANUFACTURING OPERATIONS
NASHUA, NEW HAMPSHIRE
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 July 8, 2005, in response
to a petition filed on behalf of workers of Batesville Casket
Company, Nashua Manufacturing Operations, Nashua, New Hampshire.
The workers produced solid wood burial caskets.
The investigation revealed the company shifted production from
the subject facility to a country (Mexico) under a free trade
agreement with the United States during the twelve month period
ended June 2005. The investigation further revealed that layoffs
have occurred on an ongoing basis 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.
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 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 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 Batesville Casket Company, Nashua
Manufacturing Operations, Nashua, New Hampshire 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 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 19th day of July 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance