DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,984

INDEPENDENT STEEL CASTINGS COMPANY
NEW BUFFALO, MICHIGAN

Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Remand

On July 10, 2007, the U.S. Court of International Trade
(USCIT) remanded to the U.S. Department of Labor (Department)
Former Employees of Independent Steel Castings Company, Inc. v.
United States Department of Labor, Court No. 06-00338. In its
order, the USCIT directed the Department to acquire additional
information on criterion two of the Alternative Trade Adjustment
Assistance (ATAA) program (whether the adversely affected workers
in the petitioning workers’ firm possess job skills that are not
easily transferable to other employment).
The Department’s determination regarding the subject
workers’ eligibility to apply for Trade Adjustment Assistance
(TAA) and ineligibility to apply for Alternative Trade Adjustment
Assistance (ATAA) was issued on June 16, 2006. The Department’s
Notice of determination was published in the Federal Register on
July 14, 2006 (71 FR 40157). The determination stated that of
the three criteria used to assess eligibility for ATAA --
(1)significant number of adversely affected workers age 50 or
over; 2) whether workers possess skills that are easily
transferable; and 3)whether competitive conditions within the
workers’ industry are adverse -- workers at the subject firm had
not satisfied the second criterion because they possessed skills
that were easily transferable. The subject workers had been
engaged in the production of investment castings (i.e. steel,
aluminum and bronze castings). The subject firm closed May 2005.
The petitioner, the International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America (UAW),
requested administrative reconsideration of the negative ATAA
determination. The request alleged that the county in which the
subject firm is located “has not seen any significant employment
growth in the last four years” and has a high unemployment rate.
By letter dated July 31, 2006, the Department denied the
request for reconsideration, stating that the UAW had not
presented evidence that the Department had erred in its
interpretation of facts or of the law. The letter also outlined
the Department’s ATAA investigation methodology -- Training and
Employment Guidance Letter No. 2-03 (TEGL 2-03) -- and stated
that the UAW’s allegations were insufficient to satisfy ATAA
criterion two (whether workers possess skills that are easily
transferable).
In the complaint, the Plaintiffs alleged that the separated
workers did not possess skills that are easily transferable; that
the Department “relied on conclusory assertions” provided by the
subject firm “while ignoring evidence presented by the Union;”
and that the Department “relied on unverified information”
provided by the subject firm official.
While the USCIT upheld the Department’s position that it was
reasonable for the Department to rely on information provided by
a knowledgeable subject firm official, the USCIT found that the
Department’s conclusion on ATAA criterion two was not supported
by substantial evidence. Accordingly, the USCIT remanded the
matter to the Department for further investigation and a
redetermination of the subject workers’ ATAA eligibility.
During the remand investigation, the Department contacted
Plaintiffs’ counsel to obtain the position descriptions and lists
of skill sets of each of the separated workers. The Department
also attempted to contact the subject firm official who provided
the Department information during the initial investigation to
obtain more information regarding the workers’ skills and the
skills required to gain new employment in the New Buffalo,
Michigan local commuting area. In addition, the Department
surveyed companies in the New Buffalo, Michigan local commuting
area to determine whether their jobs required the same skills as
those which the subject workers possessed.
As a result of the remand investigation, the Department
finds that workers at the subject firm do not possess skills that
are easily transferable. Accordingly, the workers have satisfied
criterion two. Further, the Department finds that at least five
percent of the workforce at the subject firm is at least fifty
years of age and that competitive conditions within the industry
are adverse. Therefore, the Department has concluded that all
three ATAA criteria have been met.
Conclusion
After careful review of the additional facts obtained on
remand, I conclude that the requirements of section 246 of the
Trade Act of 1974, as amended, have been met for workers at the
subject firm. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Independent Steel Castings Company, New
Buffalo, Michigan, who became totally or partially separated
from employment on or after March 2, 2005 through June 16,
2008 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 19th day of July 2007.

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,984

INDEPENDENT STEEL CASTINGS COMPANY, INC.
NEW BUFFALO, MICHIGAN

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 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated in response to a petition
received on March 10, 2006, in response to a petition filed by the
International Union, UAW, Region 1D and Local Union 2076 on behalf
of workers of Independent Steel Casting Company, Inc., New Buffalo,
Michigan. The workers at the subject location are engaged in
activities related to the production of investment castings (i.e.
steel, aluminum and bronze castings).
The investigation revealed that the company produced
investment casting (i.e. steel, aluminum and bronze castings) for
various industries (medical, automotive, aeronautical and food),
and a loss of business with manufacturers whose workers were
certified eligible to apply for adjustment assistance contributed
importantly to the worker separations or threat of separations.
The investigation also revealed that employment at the subject
firm declined 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 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 (2) has not

been met.
The investigation revealed workers in the workers’ firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Independent Steel
Casting Company, Inc., New Buffalo, Michigan qualify as adversely
affected secondary workers under Section 222 of the Trade Act of
1974, as amended. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Independent Steel Casting Company, Inc., New
Buffalo, Michigan, who became totally or partially separated
from employment on or after March 2, 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 Steel Casting
Company, Inc., New Buffalo, Michigan are denied eligibility to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.
Signed at Washington, D.C., this 16th day of June 2006.


/s/Elliott S. Kushner
__
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance





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