Petitioner Type: State
Impact Date: 08/05/2004
Filed Date: 08/08/2005
Most Recent Update: 08/24/2005
Determination Date: 08/24/2005
Expiration Date: 08/24/2007
Employment and Training Administration
TA-W-57,690
KEYS HEALTH & FITNESS, L.P.
INCLUDING ON-SITE LEASED WORKERS OF ADVANCED TEMPORIES
TYLER, TEXAS
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 (19
USC 2273), 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)(A) of
Section 222 have been met.
The investigation was initiated in response received on to a
petition received on August 8, 2005 and filed by a state agency on
behalf of workers of Keys Health & Fitness, L.P., Tyler, Texas.
The workers at the subject firms produce treadmills. The workers
are not separately identifiable by product line.
The investigation revealed that Keys Health & Fitness, L.P.,
Tyler, Texas also leased workers from Advanced Tempories to produce
treadmills.
The investigation revealed that production and employment
declined from 2003 to 2004 and also declined from January through
July 2005 over the corresponding 2004 period.
The investigation also revealed that company increased their
reliance on imported treadmills 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.
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 determine that increases of imports of articles
like or directly competitive with treadmills produced by Keys
Health & Fitness, L.P., Tyler, Texas, contributed importantly to
the total or partial separation of workers and to the decline in
sales or production at that firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Keys Health & Fitness, L.P., Tyler, Texas,
including on-site leased workers of Advance Tempories, who
became totally or partially separated from employment on or
after August 5, 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 24th day of August 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance