Petitioner Type: Workers
Impact Date: 11/16/2004
Filed Date: 11/21/2005
Most Recent Update: 12/28/2005
Determination Date: 12/28/2005
Expiration Date: 12/28/2004
Employment and Training Administration
TA-W-58,386
SHEPHARD HARDWARE PRODUCTS, LLC.
THREE OAKS, MICHIGAN
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 November 21, 2005 in
response to a petition filed by workers on behalf of workers of
Shephard Hardware Products, Inc., Three Oaks, Michigan. The
workers receive floor protection components (pieces) and package
them for shipping to customers.
The investigation revealed that employment declined from
November 2004 to November 2005.
The investigation further revealed that the subject firm no
longer packages floor protection components and has increased
imports of pre-packaged floor protection components.
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 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 there was an increase in imports of
articles that are like or directly competitive with those packaged
by the subject firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"Workers of Shephard Hardware Products, LLC., Three Oaks,
Michigan, engaged in packaging floor protection components,
who became totally or partially separated from employment on
or after November 16, 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 28th day of December, 2005
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance