Petitioner Type: Company
Impact Date: 12/23/2005
Filed Date: 12/21/2005
Most Recent Update: 01/25/2006
Determination Date: 01/25/2006
Expiration Date: 01/25/2008
Employment and Training Administration
TA-W-58,528
TYCO ELECTRONICS-GADAN
ELECTROMECHANICAL BUSINESS UNIT
A DIVISION OF TYCO INTERNATIONAL
FRANKLIN, KENTUCKY
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)(B) of Section 222 have been met.
The investigation was initiated on December 21, 2005 in
response to a petition filed on behalf of workers of Tyco
Electronics-GADAN, Electromechanical Business Unit, a subsidiary
of Tyco International, Franklin, Kentucky. The workers at the
subject firm produced electromechanical devices, relays and
inductive systems. The workers are not separately identifiable
by product line.
The workers at the subject facility were previously
certified for Trade Adjustment Assistance (TA-W-53,817), that
certification expired on December 22, 2005.
The preponderance in the declines in employment at the
subject plant is related to a shift in production to a country
(Mexico) that is a party to free trade agreement with the United
States.
In accordance with Section 246 of 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 addition, 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 Tyco Electronics-GADAN, Electromechanical
Business Unit, a subsidiary of Tyco International, Franklin,
Kentucky, who became totally or partially separated from
employment on or after December 23, 2005, 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 25th day of January 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance