Petitioner Type: State
Impact Date: 10/20/2005
Filed Date: 10/24/2006
Most Recent Update: 01/24/2007
Determination Date: 01/24/2007
Expiration Date: 01/24/2009
Employment and Training Administration
TA-W-60,281
AIRTEX PRODUCTS LP
INCLUDING ON-SITE LEASED WORKERS OF
STAFFMARK AND AID TEMPORARY SERVICES, INC.
MARKED TREE, ARKANSAS
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)(A)
and (a) (2)(B) of Section 222 have been met.
The investigation was initiated in response to a petition
received on October 24, 2006, and filed by the State of Arkansas on
behalf of workers at Airtex Products LP, Marked Tree, Arkansas.
The worker group also includes leased workers of Staffmark and AID
Temporary Services, Inc., working on site at Airtex Products LP,
Marked Tree, Arkansas. The workers produced water pumps, and water
and fuel pump components.
The investigation revealed that declines in employment at the
subject firm are related to the subject firm shifting its
production of water pump components to a country (Mexico) that is a
party to a free trade agreement with the United States.
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 criteria 1 and 2 have not
been met.
The investigation revealed that there was not a significant
number of workers in the workers' firm that are 50 years of age or
older, and that the workers possess skills that are easily
transferable.
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. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Airtex Products LP, Marked Tree, Arkansas,
including on-site leased workers of Staffmark and AID
Temporary Services, Inc., who became totally or partially
separated from employment on or after October 20, 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." and
I further determine that all workers of Airtex Products LP,
including on-site leased workers of Staffmark and of AID Temporary
Services, Inc., Marked Tree, Arkansas, are denied eligibility to
apply for alternative trade assistance under section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 24th day of January 2007.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance