Petitioner Type: Company
Impact Date: 08/01/2004
Filed Date: 08/12/2005
Most Recent Update: 09/23/2005
Determination Date: 09/23/2005
Expiration Date: 09/23/2007
Employment and Training Administration
TA-W-57,738
VANDER-BEND MANUFACTURING LLC
SUNNYVALE, CALIFORNIA
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 on August 12, 2005 in
response to a petition filed by a company official on behalf of
workers of Vander-Bend Manufacturing LLC, Sunnyvale, California.
The workers at the subject facility produced sheet metal
enclosures, chassis, and subassemblies and are not separately
identifiable by product.
The investigation revealed that sales and employment
declined from April through June of 2005, as compared to the
same time period the previous year.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of sheet metal
enclosures, chassis, and subassemblies. These surveys revealed
increased import purchases of sheet metal enclosures, chassis,
and subassemblies during the period under investigation.
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 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 facility 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 sheet metal enclosures,
chassis, and subassemblies produced at Vander-Bend Manufacturing
LLC, Sunnyvale, California, 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 Vander-Bend Manufacturing LLC, Sunnyvale,
California, who became totally or partially separated from
employment on or after August 1, 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 23rd day of September, 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance