Petitioner Type: Workers
Impact Date: 10/27/2005
Filed Date: 10/30/2006
Most Recent Update: 11/22/2006
Determination Date: 11/22/2006
Expiration Date: 11/22/2008
Employment and Training Administration
TA-W-60,325
WEST TENNESSEE MACHINE
CAMDEN, 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 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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) of
Section 222 have been met.
The investigation was initiated on October 30, 2006 in
response to a petition filed by a state agency representative on
behalf of workers at West Tennessee Machine, Camden, Tennessee.
The workers at the subject firm produce tooling for the automotive
industry.
The investigation revealed that sales and employment at the
subject firm decreased during the period of January through
September 2006 over the corresponding 2005 period.
The Department of Labor conducted a customer survey regarding
purchases of auto industry tooling during 2004, 2005 and January
through September 2006 over the corresponding 2005 period. The
survey revealed increased imports of auto industry tooling during
the relevant period.
In addition, in accordance with Section 246 of 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 the worker group did not meet
the threshold employment criterion, which requires that at least
three workers in a firm with less than 50 workers be 50 years of
age or older. Also, the workers of the subject facility possess
skills that are easily transferable to other positions in the local
area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that an increase in imports of articles
like or directly competitive with tooling for the automotive
industry produced at the subject firm contributed importantly to
the total or partial separation of workers and to the decline in
sales or production at that firm or subdivision. In accordance
with the provisions of the Act, I make the following certification:
"All workers of West Tennessee Machine, Camden, Tennessee, who
became totally or partially separated from employment on or
after October 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 West Tennessee
Machine, Camden, Tennessee, are denied eligibility to apply
for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D. C. this 22nd day of November 2006.
/s/Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance