Petitioner Type: Workers
Impact Date: 11/07/2005
Filed Date: 11/13/2006
Most Recent Update: 11/28/2006
Determination Date: 11/28/2006
Expiration Date: 11/28/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,402
HAYES PRODUCTS, LLC
A DIVISION OF BHH MANAGEMENT, INC.
BUENA PARK, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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)(B) of Section 222 have been met.
The investigation was initiated on November 13, 2006 in
response to a petition filed by the State of California,
Employment Development Department on behalf of workers of Hayes
Products, LLC, a division of BHH Management, Inc., Buena Park,
California. The workers at the subject firm produced plastic
molded products such as sprayers.
The subject firm experienced declines in employment and
shifted plant production of plastic molded products such as
sprayers to Mexico, a country that is a party to a Free Trade
Agreement with the United States.
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.
In addition, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
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 Hayes Products, LLC, a division of BHH
Management, Inc., Buena Park, California who became totally
or partially separated from employment on or after November
7, 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 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 28th day of November 2006.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance