Petitioner Type: Union
Impact Date:
Filed Date: 03/02/2006
Most Recent Update: 04/11/2006
Determination Date: 04/11/2006
Expiration Date:
Employment and Training Administration
TA-W-58,943
REXNORD INDUSTRIES, INC.
COUPLING GROUP
WARREN, PENNSYLVANIA
Negative Determinations 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on March 2, 2006 in response
to a petition filed by the International Association of Machinists
and Aerospace Workers on behalf of workers of Rexnord Industries,
Inc., Coupling Group, Warren, Pennsylvania. The workers of the
subject facility produce flexible couplings.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
Workers at the subject firm were denied eligibility to apply
for adjustment assistance on December 16, 2005 (TA-W-58,177).
Petitioners requested a reconsideration of that decision, but the
reconsideration also resulted in a denial of eligibility, signed
February 13, 2006.
This investigation revealed that the subject firm did not
import flexible couplings in 2004, 2005 or January through February
of 2006, nor did it shift production of flexible couplings to a
foreign country during the period under investigation. Imports by
the subject firm were not like or directly competitive with the
flexible couplings manufactured by the subject firm.
Sales of the subject firm increased in the relevant period;
production at the Warren plant was shifted to another domestic
facility.
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 Rexnord Industries,
Inc., Coupling Group, Warren, Pennsylvania 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 11th day of April 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance