Petitioner Type: Unknown
Impact Date: 11/20/2004
Filed Date: 12/01/2005
Most Recent Update: 01/24/2006
Determination Date: 01/24/2006
Expiration Date: 01/24/2008
Employment and Training Administration
TA-W-58,439
HART & COOLEY-MILCOR
HART & COOLEY, INC.
INCLUDING ON-SITE LEASED WORKERS OF SPHERION, INC.
LIMA, OHIO
Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on December 1, 2005 in
response to a petition filed by the International Association of
Bridge, Structural, Ornamental, and Reinforcing Iron Workers, Local
778 on behalf of workers of Hart & Cooley - Milcor, Hart & Cooley,
Inc., Lima, Ohio. The workers manufacture registers (grilles) and
access doors used by the heating and air conditioning industry.
The workers are separately identifiable by product line.
The subject firm leases some workers from Spherion, Inc.,
Lima, Ohio.
In regards to workers of the subject firm engaged in the
production of registers (grilles), it is determined that the
requirements of (a)(2)(A) are met.
Workers producing registers (grilles) at the subject firm are
threatened with employment separation.
Sales and production of registers (grilles) by the subject
firm declined during the period of January through November 2005,
when compared to the same time period in 2004.
The investigation revealed that the subject firm increased
imports of registers (grilles) during full year 2005.
In regards to workers at the subject firm engaged in the
production of access doors, it is determined that the requirements
of (a)(2)(A)(I.B) and (a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did not
experience a decline in sales or production of the access doors in
2004 or 2005.
Hart & Cooley-Milcor, did not shift production of access doors
from the Lima, Ohio plant to a foreign country in 2004 or 2005.
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 for employees at the subject firm engaged in the
production of registers (grilles).
A significant number of workers at the firm engaged in the
production of registers (grilles) are age 50 or over and possess
skills that are not easily transferable. Competitive conditions
within the industry are adverse.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers producing access doors at subject firm are denied
eligibility to apply for TAA, they cannot be certified eligible
for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases in imports of registers
(grilles) produced by Hart & Cooley - Milcor, Hart & Cooley, Inc.,
Lima, Ohio, 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:
"Workers of Hart & Cooley - Milcor, Hart & Cooley, Inc., Lima,
Ohio, including on-site leased workers of Spherion, Inc.,
engaged employment related to the production of registers
(grilles), who became totally or partially separated from
employment on or after November 20, 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."
I further determine that workers of Hart & Cooley-Milcor, Hart
& Cooley, Inc., including on-site leased workers of Spherion, Inc.,
Lima, Ohio, engaged in employment related to the production of
access doors, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 24th day of January 2006.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance