Petitioner Type: State
Impact Date: 12/14/2004
Filed Date: 12/22/2005
Most Recent Update: 01/18/2006
Determination Date: 01/18/2006
Expiration Date: 01/18/2008
Employment and Training Administration
TA-W-58,535
RWC, INC.
BAY CITY, 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 December 22, 2005 in
response to a petition filed by a state workforce representative on
behalf of workers at RWC, Inc., Bay City, Michigan. The workers at
the subject firm produce custom engineered machines (e.g.-
fabricating, forming, welding machines, and automated assembly
systems).
The investigation revealed that production and employment at
the subject firm decreased from 2004 to 2005.
The Department of Labor surveyed the company to which the
subject firm submitted a bid for a contract to produce custom
engineered machines. The survey revealed the lost contract was
awarded to a domestic bidder producing the custom engineered
machine in New Zealand.
In addition, 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 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 an increase in imports of articles
like or directly competitive with custom engineered machines
produced at the subject firm 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 RWC, Inc., Bay City, Michigan, 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 18th day of January 2006.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance