Petitioner Type: Company
Impact Date: 08/04/2004
Filed Date: 08/24/2005
Most Recent Update: 09/29/2005
Determination Date: 09/29/2005
Expiration Date: 09/29/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,836
RUSKIN COMPANY
LAU INDUSTRIES DIVISION
CLAYTON, 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 24, 2005, in
response to a petition filed on behalf of workers of Ruskin
Company, Lau Industries Division, Clayton, Ohio. The workers
produce blowers and blower components for heating and air
conditioning units.
The investigation revealed that employment, sales, and
production declined during the period of January through July 2005
when compared to the same time period in 2004.
Furthermore, the subject firm shifted production of blowers
and blower components to a country (Mexico) that is party to a free
trade agreement with the United States 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.
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 skills of the worker group
are easily transferable within 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 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 Ruskin Company, Lau Industries Division,
Clayton, Ohio, who became totally or partially separated from
employment on or after August 4, 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 Ruskin Company,
Clayton, 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 29th day of September 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance