Petitioner Type: Workers
Impact Date: 02/10/2005
Filed Date: 02/15/2006
Most Recent Update: 03/17/2006
Determination Date: 03/17/2006
Expiration Date: 03/17/2008
Employment and Training Administration
TA-W-58,845
DURA AUTOMOTIVE
TEST CENTER
PIKEVILLE, TENNESSEE
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 15, 2006 in
response to a petition filed on behalf of workers of Dura
Automotive, Test Center, Pikeville, Tennessee. The workers were
engaged in the testing of automotive glass assemblies produced at
other company owned facilities.
The investigation revealed that employment declined absolutely
in February of 2006.
The subject firm provided testing support to an affiliated
domestically producing plant that was granted a trade adjustment
certification on February 28, 2006 which expires on February 28,
2008 (TA-W-58,810). The certified facility shifted a portion of
their production to a country (Mexico) that is party to a free
trade agreement with the United States during the relevant period.
In addition, 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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 1 has not been met.
The investigation revealed that a significant number of
workers were not age 50 or over at the subject firm.
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, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Dura Automotive, Test Center, Pikeville,
Tennessee who became totally or partially separated from employment
on or after February 10, 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."
I further determine that all workers of Dura Automotive, Test
Center, Pikeville, Tennessee are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 17th day of March 2006
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance