Petitioner Type: Union
Impact Date:
Filed Date: 02/23/2006
Most Recent Update: 03/21/2006
Determination Date: 03/21/2006
Expiration Date:
Employment and Training Administration
TA-W-58,898
TECUMSEH POWER COMPANY
GRAFTON, WISCONSIN
Negative Determination 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.
The investigation was initiated on February 23, 2006 in
response to a petition filed by a Union Official on behalf of
workers of Tecumseh Power Company, Grafton, Wisconsin. The
workers provide sales and service parts, warehousing and
packaging related to engines used for the lawn and garden
industry.
The investigation revealed that Tecumseh Power Company,
Grafton, Wisconsin, does not produce an article within the
meaning of Section 222(a)(2) of the Act. In order to be
considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought)
must work for a "firm" or appropriate subdivision that produces
an article and there must be a relationship between the workers'
work and the article produced by the workers' firm or
appropriate subdivision. The investigation revealed that
although production of an article(s) occurred within the firm or
appropriate subdivision, the post production activities of the
workers described above do not support this production. Thus,
the worker group can not be considered import impacted or
affected by a shift in production of an article.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Tecumseh Power
Company, Grafton, Wisconsin, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act
of 1974.
Signed in Washington, D.C., this 31st day of March, 2006
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance