Petitioner Type: Workers
Impact Date: 11/30/2004
Filed Date: 12/02/2005
Most Recent Update: 01/13/2006
Determination Date: 01/13/2006
Expiration Date: 01/13/2008
Employment and Training Administration
TA-W 58,450
BAY ENGINEERED CASTINGS, INC.
INCLUDING ON-SITE LEASED WORKERS OF
NEW CONTRACTING, AHEAD HUMAN RESOURCES,
CUSTOM STAFFING SOLUTIONS AND
ABR EMPLOYMENT SERVICES
DE PERE, WISCONSIN
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 December 2, 2005 in
response to a petition filed on behalf of workers at Bay Engineered
Castings, Inc., De Pere, Wisconsin. Workers at the subject firm
produce gray & ductile iron castings.
The subject firm leased some workers from NEW Contracting,
Ahead Human Resources, Custom Staffing Solutions, and ABR
Employment Services.
The investigation revealed that employment and sales at the
subject firm declined during the period of January through October
2005 when compared to the same period in 2004.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of gray & ductile
iron castings in 2003, 2004 and during January through November of
2005. This survey revealed increased imports of gray & ductile iron
castings during the relevant period.
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 gray & ductile iron castings
produced by Bay Engineered Castings, Inc., De Pere, Wisconsin,
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 Bay Engineered Castings, Inc., De Pere,
Wisconsin, including on-site leased workers of NEW
Contracting, Ahead Human Resources, Custom Staffing
Solutions, and ABR Employment Services, who became totally or
partially separated from employment on or after November 30,
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 13th day of January 2006.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance