Petitioner Type: State
Impact Date: 10/17/2004
Filed Date: 10/17/2005
Most Recent Update: 11/21/2005
Determination Date: 11/21/2005
Expiration Date: 11/21/2007
Employment and Training Administration
TA-W-58,145
GENERAL CABLE
A/K/A NEXTGEN FIBER OPTICS
A SUBSIDIARY OF GENERAL CABLE TECHNOLOGIES CORPORATION
DATACOM BUSINESS TEAM
DAYVILLE, CONNECTICUT
Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on February 23, 2005,
applicable to workers of General Cable, a subsidiary of General
Cable Technologies Corp., Datacom Business Team, Dayville,
Connecticut.. The notice was published in the Federal Register
on December 15, 2005 (70 FR 74369).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in the production of fiber communication cable.
New information shows that General Cable purchased NextGen
Fiber Optics in July 2005 and that some workers separated from
employment at the subject firm had their wages reported under a
separate unemployment insurance (UI) tax account for NextGen
Fiber Optics.
Accordingly, the Department is amending the certification to
properly reflect this matter.
The intent of the Department’s certification is to include
all workers of General Cable, a subsidiary of General Cable
Technologies Corporation, Datacom Business Team, Dayville,
Connecticut, who were adversely affected by increased customer
imports.
The amended notice applicable to TA-W-58,145 is hereby
issued as follows:
"All workers of General Cable, a/k/a NextGen Fiber
Optics, a subsidiary of General Cable Technologies
Corporation, Data Com Business Team, Dayville,
Connecticut, who became totally or partially separated
from employment on or after October 17, 2004, through
November 21, 2007, 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 at Washington, D.C. this 6th day of February 2006.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,145
GENERAL CABLE
A SUBSIDIARY OF GENERAL CABLE TECHNOLOGIES CORPORATION
DATACOM BUSINESS TEAM
DAYVILLE, CONNECTICUT
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), as amended, 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 October 17, 2005 in
response to a petition filed by a State Workforce Representative on
behalf of workers at General Cable, a subsidiary of General Cable
Technologies Corporation, Datacom Business Team, Dayville,
Connecticut. The workers at the subject firm produced fiber
communication cable.
The investigation revealed that sales, production, and
employment at the subject firm decreased from 2003 to 2004 and
again during the period of January through September of 2005 over
the corresponding period in 2004.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of fiber
communication cable. The survey revealed an increased customer
reliance on imports of fiber communication cable during the period
of January through September 2005 over the corresponding 2004
period.
In addition, in accordance with Section 246 of 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 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 an increase in imports of articles
like or directly competitive with fiber communication cable
produced at the subject firm 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 General Cable, a subsidiary of General Cable
Technologies Corporation, Datacom Business Team, Dayville,
Connecticut, who became totally or partially separated from
employment on or after October 17, 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 21st day of November 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance