Denied
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TAW-60413A / Bendix Commercial Vehicle Systems (C.V.S.) (Frankfort, KY)
Petitioner Type: Union
Impact Date:
Filed Date: 11/14/2006
Most Recent Update: 11/30/2006
Determination Date: 11/30/2006
Expiration Date:
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,413
BENDIX COMMERCIAL VEHICLE SYSTEMS (C.V.S.) LLC
AIR COMPRESSOR PRODUCTS
FRANKFORT, KENTUCKY
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, an
investigation was initiated on November 14, 2006 in response to a
petition filed by the Paper, Allied-Industrial, Chemical, & Energy
Workers International Union, Local 5-5-32 on behalf of workers of
Bendix C.V.S. LLC, Air Compressor Products, Frankfort, Kentucky.
The workers are covered by an active certification (TA-W-
56,215), which expires on January 26, 2007. Consequently, further
investigation in this case would serve no purpose, and the
investigation has been terminated.
Signed in Washington, D. C., this 30th day of November 2006.
/s/ Linda G. Poole
___________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,413A
BENDIX COMMERCIAL VEHICLE SYSTEMS (C.V.S.) LLC
AIR DISC BRAKE PRODUCTS
FRANKFORT, KENTUCKY
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on November 14, 2006 in
response to a petition filed by the Paper, Allied-Industrial,
Chemical, & Energy Workers International Union, Local 5-5-32 on
behalf of workers of Bendix C.V.S. LLC, Air Disc Brake Products,
Frankfort, Kentucky. The workers produce air disc brakes.
The investigation revealed that criteria (a)(2)(A)(I.B),
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) have not been met.
A significant number or proportion of workers in Air Disc
Brake Products are threatened to become separated from employment.
Air Disc Brake Products experienced an increase in sales and
production in January through September 2006 compared with the same
period in 2005. Air Disc Brake Products was not created until
2005.
In addition, the subject firm did not import or shift
production abroad of anything like or competitive with air disc
brakes in 2004, 2005, or January through October 2006.
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 order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since Air
Disc Brake Products is denied eligibility to apply for TAA, the
workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Bendix C.V.S. LLC,
Air Disc Brake Products, Frankfort, Kentucky are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 30th day of November 2006
/s/ Linda G. Poole
___________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-60,413
BENDIX COMMERCIAL VEHICLE SYSTEMS (C.V.S.) LLC
AIR COMPRESSOR PRODUCTS
FRANKFORT, KENTUCKY
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, an
investigation was initiated on November 14, 2006 in response to a
petition filed by the Paper, Allied-Industrial, Chemical, & Energy
Workers International Union, Local 5-5-32 on behalf of workers of
Bendix C.V.S. LLC, Air Compressor Products, Frankfort, Kentucky.
The workers are covered by an active certification (TA-W-
56,215), which expires on January 26, 2007. Consequently, further
investigation in this case would serve no purpose, and the
investigation has been terminated.
Signed in Washington, D. C., this 30th day of November 2006.
/s/ Linda G. Poole
___________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,413A
BENDIX COMMERCIAL VEHICLE SYSTEMS (C.V.S.) LLC
AIR DISC BRAKE PRODUCTS
FRANKFORT, KENTUCKY
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on November 14, 2006 in
response to a petition filed by the Paper, Allied-Industrial,
Chemical, & Energy Workers International Union, Local 5-5-32 on
behalf of workers of Bendix C.V.S. LLC, Air Disc Brake Products,
Frankfort, Kentucky. The workers produce air disc brakes.
The investigation revealed that criteria (a)(2)(A)(I.B),
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) have not been met.
A significant number or proportion of workers in Air Disc
Brake Products are threatened to become separated from employment.
Air Disc Brake Products experienced an increase in sales and
production in January through September 2006 compared with the same
period in 2005. Air Disc Brake Products was not created until
2005.
In addition, the subject firm did not import or shift
production abroad of anything like or competitive with air disc
brakes in 2004, 2005, or January through October 2006.
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 order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since Air
Disc Brake Products is denied eligibility to apply for TAA, the
workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Bendix C.V.S. LLC,
Air Disc Brake Products, Frankfort, Kentucky are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 30th day of November 2006
/s/ Linda G. Poole
___________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance