DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,379

SPX CONTECH
INCLUDING LEASED WORKERS OF PEOPLELINK
MISHAWAKA, INDIANA

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 November 18, 2005 in
response to a petition filed by a company official on behalf of
workers of SPX Contech, Mishawaka, Indiana. The workers produce
magnesium castings.
The investigation revealed that the subject firm leased
workers from Peoplelink to work onsite at the production
facility.
The investigation revealed that employment and sales at the
subject firm declined from 2003 to 2004 and in January through
October 2005, when compared to the same time period the previous
year.
The Department of Labor surveyed firms for which SPX
Contech, Mishawaka, Indiana, submitted bids during the relevant
period to produce magnesium castings. This survey revealed the
subject firm lost bids that were granted to foreign firms, or
firms that will have portions of the production done in foreign
countries.
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 firm are age 50 or
over and do not possess skills that are 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 magnesium castings produced at
SPX Contech, Mishawaka, Indiana, contributed importantly to the
total or partial separation of workers and to the decline in
sales or production at that facility or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of SPX Contech, Mishawaka, Indiana, including
leased workers of Peoplelink working onsite at SPX Contech,
Mishawaka, Indiana who became totally or partially
separated from employment on or after November 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 December, 2005

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance