Petitioner Type: Union
Impact Date: 11/04/2004
Filed Date: 11/07/2005
Most Recent Update: 12/19/2005
Determination Date: 12/19/2005
Expiration Date: 12/19/2007
Employment and Training Administration
TA-W-58,282
KONE, INC.
ESCALATOR MANUFACTURING PLANT
A SUBSIDIARY OF KONE OY
COAL VALLEY, ILLINOIS
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 November 7, 2005 in
response to a petition filed by the International Association of
Machinists and Aerospace Workers, District 6 on behalf of workers
of Kone, Inc., Escalator Manufacturing Plant, a Subsidiary of Kone
Oy, Coal Valley, Illinois. The workers produce standard and heavy
duty escalators. The workers are not separately identifiable by
product line.
The investigation revealed that employment at the subject firm
decreased during January to November 2005 when compared to the same
time period in 2004.
The investigation revealed that the subject firm shifted some
of its standard escalator production from Coal Valley, Illinois to
China, and imports of standard escalators by the firm are likely to
increase.
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 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 workers in the workers' firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to China, of articles that
are like or directly competitive with the standard escalators
produced by the subject firm or subdivision, and there has been or
is likely to be an increase in imports of like or directly
competitive articles. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Kone, Inc., Escalator Manufacturing Plant, a
Subsidiary of Kone Oy, Coal Valley, Illinois, who became
totally or partially separated from employment on or after
November 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;" and
I further determine that all workers of Kone, Inc., Escalator
Manufacturing Plant, a Subsidiary of Kone Oy, Coal Valley,
Illinois, 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 19th day of December 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance