Petitioner Type: Union
Impact Date: 01/25/2005
Filed Date: 01/25/2006
Most Recent Update: 03/06/2006
Determination Date: 03/06/2006
Expiration Date: 03/06/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,721
FEDERAL MOGUL
BOYERTOWN, PENNSYLVANIA
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 in response to a petition received on January 25, 2006 and filed by the Pennsylvania Department of Labor and Industry on behalf of workers at Federal Mogul, Boyertown, Pennsylvania. The workers primarily produced sealed beam lighting products. The workers are not separately identifiable product.
The investigation revealed that plant production and employment declined during the relevant period.
The Department of Labor conducted a survey of the subject firm's major declining customer(s) regarding their purchases of sealed beam lighting products during 2005 over the corresponding 2004 period and during January through January 2006 over the corresponding January through January 2006. The survey revealed an increased customer reliance on imported sealed beam lighting products 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 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 subject facility are over age 50 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 sealed beam lighting products produced at Federal Mogul, Boyertown, Pennsylvania contributed importantly to the total or partial separation of workers and to the decline in sales or production and at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification:
"All workers of Federal Mogul, Boyertown, Pennsylvania who became totally or partially separated from employment on or after January 25, 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 6th day of March, 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-58,721
FEDERAL MOGUL
BOYERTOWN, PENNSYLVANIA
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 in response to a petition received on January 25, 2006 and filed by the Pennsylvania Department of Labor and Industry on behalf of workers at Federal Mogul, Boyertown, Pennsylvania. The workers primarily produced sealed beam lighting products. The workers are not separately identifiable product.
The investigation revealed that plant production and employment declined during the relevant period.
The Department of Labor conducted a survey of the subject firm's major declining customer(s) regarding their purchases of sealed beam lighting products during 2005 over the corresponding 2004 period and during January through January 2006 over the corresponding January through January 2006. The survey revealed an increased customer reliance on imported sealed beam lighting products 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 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 subject facility are over age 50 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 sealed beam lighting products produced at Federal Mogul, Boyertown, Pennsylvania contributed importantly to the total or partial separation of workers and to the decline in sales or production and at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification:
"All workers of Federal Mogul, Boyertown, Pennsylvania who became totally or partially separated from employment on or after January 25, 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 6th day of March, 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance