Petitioner Type: State
Impact Date: 07/19/2004
Filed Date: 07/19/2005
Most Recent Update: 08/10/2005
Determination Date: 08/10/2005
Expiration Date: 08/10/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,577
BRUNSWICK FAMILY BOAT COMPANY
DOING BUSINESS AS US MARINE BAYLINER
PIPESTONE, 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, 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 19, 2005 in response
to a petition filed by a state agency representative on behalf of
workers at Brunswick Family Boat Company, doing business as US
Marine Bayliner, Pipestone, Minnesota. The workers produce
recreational boats.
The investigation revealed that employment at the subject firm
decreased during January through June 2005 when compared to the
same time period in 2004.
The subject firm shifted some of its production of
recreational boats to a country (Mexico) is 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 investigation revealed the skills of the workers are
easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from Brunswick Family Boat Company, doing business as US Marine
Bayliner, Pipestone, Minnesota 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 at Brunswick Family Boat Company, doing business
as US Marine Bayliner, Pipestone, Minnesota, who became
totally or partially separated from employment on or after
July 19, 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 at Brunswick Family Boat
Company, doing business as US Marine Bayliner, Pipestone,
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 10th day of August 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance