Petitioner Type: Workers
Impact Date: 07/27/2004
Filed Date: 08/05/2005
Most Recent Update: 08/30/2005
Determination Date: 08/30/2005
Expiration Date: 08/30/2007
Employment and Training Administration
TA-W-57,684
RITTAL CORPORATION
A SUBSIDIARY OF RITTAL-WERK
SPRINGFIELD, OHIO
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 August 5, 2005, in
response to a petition filed on behalf of workers of Rittal
Corporation, a subsidiary of Rittal-Werk, Springfield, Ohio.
The workers produce electric and electronic enclosures.
The preponderance in the decline in employment at the
subject firm is related to a shift in plant production of
electric and electronic enclosures to Canada.
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 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 the worker group at the
subject firm does not qualify for Alternative Trade Adjustment
Assistance. Skills of the worker group are easily transferable
to the local commuting 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 Canada of articles that
are like or directly competitive with utility trailers produced
by the subject firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Rittal Corporation, a subsidiary of Rittal-
Werk, Springfield, Ohio, who became totally or partially
separated from employment on or after July 27, 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 Rittal Corporation, a
subsidiary of Rittal-Werk, Springfield, Ohio 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 30th day of August, 2005
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance