Petitioner Type: Company
Impact Date: 12/14/2004
Filed Date: 12/19/2005
Most Recent Update: 01/24/2006
Determination Date: 01/24/2006
Expiration Date: 01/24/2008
Employment and Training Administration
TA-W-58,511
KESSLER INDUSTRIES, INC.
EL PASO, TEXAS
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, 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 December 19, 2005, in
response to a petition filed by a company official on behalf of
workers at Kessler Industries, Inc., El Paso, Texas. The workers
manufacture iron, aluminum and wood furniture.
Employment, sales, and production at the subject firm declined
during the period of January through November 2005, when compared
to the same time period in 2005.
The subject firm shifted a portion of its production of iron,
aluminum and wood furniture to a country (Mexico) that is a party
to a free trade agreement with the United States.
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 a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Kessler Industries, Inc., El Paso, Texas, who
became totally or partially separated from employment on or
after December 14, 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 24th day of January 2006.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance