Petitioner Type: Workers
Impact Date: 08/05/2004
Filed Date: 08/11/2005
Most Recent Update: 09/20/2005
Determination Date: 09/20/2005
Expiration Date: 09/20/2007
Employment and Training Administration
TA-W-57,710
BRADEN MANUFACTURING, L.L.C
INCLUDING ON-SITE LEASED WORKERS OF RIGHTSTAFF
TULSA, OKLAHOMA
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 11, 2005 in response
to a petition filed on behalf of workers at Braden Manufacturing,
L.L.C., Tulsa, Oklahoma. The workers were engaged in the
production of ancillary products for gas turbine power plants (i.e.
filter houses, inlet air systems, and exhaust systems and filters
elements).
The investigation revealed that Braden Manufacturing, L.L.C.,
Tulsa, Oklahoma also leased workers from Rightstaff to produce
ancillary products for gas turbine power plants.
Employment at the subject plant has declined, and the subject
firm has shifted plant production of ancillary products for gas
turbine power plants (i.e. filter houses, inlet air systems, and
exhaust systems and filters elements) to a country (Mexico) that is
a 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 criteria (2) have not
been met.
The investigation revealed that the workers possess skills
that are easily transferable.
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 at Braden Manufacturing, L.L.C., including on-
site leased workers of Rightstaff, Tulsa, Oklahoma 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.”
I further determine that all workers of Braden Manufacturing,
L.L.C., including on-site leased workers of Rightstaff, Tulsa,
Oklahoma 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 20th day of September 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance