Petitioner Type: State
Impact Date: 02/13/2005
Filed Date: 02/13/2006
Most Recent Update: 03/06/2006
Determination Date: 03/06/2006
Expiration Date: 03/06/2008
Employment and Training Administration
TA-W-58,837
ATEK MANUFACTURING
INCLUDING ON-SITE LEASED WORKERS FROM COMMAND LABOR AND
DOHERTY STAFFING
BRAINERD, MINNESOTA
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 February 13, 2006, in
response to a petition filed by a state agency representative on
behalf of workers of ATEK Manufacturing, Brainerd, Minnesota.
Workers at the subject firm produce telecommunications assemblies
(Slic, terminals, and closures).
The subject firm also leases some workers from Command Labor,
Brainerd, Minnesota and Doherty Staffing, St. Cloud Minnesota.
The investigation revealed a significant number or proportion
of workers at the subject firm are threatened to become separated
from employment.
Furthermore, the investigation revealed that some of the
telecommunication assemblies production shifted from the subject
firm in Brainerd, Minnesota 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 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 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 ATEK Manufacturing, including on-site leased
workers from Command Labor and Doherty Staffing, Brainerd,
Minnesota engaged in the production of telecommunications
assemblies (Slics, terminals, and closures) who became totally
or partially separated from employment on or after February
13, 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/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance