Petitioner Type: State
Impact Date: 03/27/2005
Filed Date: 03/28/2006
Most Recent Update: 04/11/2006
Determination Date: 04/11/2006
Expiration Date: 04/11/2008
Employment and Training Administration
TA-W-59,093
DANA CORPORATION
FLUID ROUTING PRODUCTS
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER
PARIS, 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 March 28, 2006, in response
to a petition filed by a Tennessee state work force agent on behalf
of workers of Dana Corporation, Paris, Tennessee. The workers
produce rubber hose and plastic fuel pipes.
The investigation revealed the subject firm leased on-site
workers from Manpower during the relevant period.
Employment declined at the subject firm during 2005 and
January through February 2006.
The subject firm shifted a portion of their production of
rubber hose and plastic fuel pipes to a country (Mexico) that is
party to a Free Trade Agreement with the United States 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 number 2 has not
been met.
The investigation revealed that the skills of the workers are
easily transferable within the local commuting area.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude 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 Dana Corporation, including on-site
leased workers of Manpower, Paris, Tennessee who became
totally or partially separated from employment on or after
March 27, 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 Dana Corporation,
including on-site leased workers of Manpower, Paris, Tennessee
are denied eligibility to apply for alternative trade adjust-
ment 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