Petitioner Type: Company
Impact Date:
Filed Date: 07/14/2005
Most Recent Update: 07/29/2005
Determination Date: 07/29/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,550
BURNER SYSTEMS INTERNATIONAL, INC.
BONNYSHIRE FACILITY
INCLUDING ON-SITE LEASED WORKERS OF OPTIMUM STAFFING AND ATS
STAFFING
CHATTANOOGA, TENNESSEE
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 14, 2005, in response
to a petition filed by a company official on behalf of workers of
Burner Systems International, Inc., Bonnyshire Facility,
Chattanooga, Tennessee. The workers produce gas appliance
components.
The subject firm leased on-site workers from Optimum Staffing
and ATS Staffing.
The investigation revealed that employment declined during
January through June 2005 compared to January through June 2004.
The subject firm is shifting production of gas appliance
components to a country (Mexico) that is party to a free trade
agreement with the United States, and is also shifting production
to France.
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 and France 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 Burner Systems International, Inc., Bonnyshire
Facility, Chattanooga, Tennessee, including on-site leased
workers of Optimum Staffing and ATS Staffing, who became
totally or partially separated from employment on or after
June 29, 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 29th day of July, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance