Petitioner Type: Company
Impact Date: 11/16/2005
Filed Date: 11/17/2006
Most Recent Update: 11/29/2006
Determination Date: 11/29/2006
Expiration Date: 11/29/2008
Employment and Training Administration
TA-W-60,455
MALABAR MANUFACTURING, INC.
INCLUDING ON-SITE LEASED WORKERS FROM TIME SERVICES
HUDSON, MICHIGAN
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 an investigation regarding certification of
eligibility to apply for worker adjustment assistance as a
secondarily affected worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements
of paragraph (b) of Section 222 of the Trade Act, as amended,
must be met. It is determined in this case that the requirements
of (b) of Section 222, as amended, have been met.
The investigation was initiated on November 17, 2006 in
response to a petition filed on behalf of workers of Malabar
Manufacturing, Inc., Hudson, Michigan. The workers at the
subject facility produce screw machine components and electrical
connector assemblies.
The worker group includes on-site leased workers from Time
Services.
The investigation revealed that employment at the subject
facility declined in January through October 2006 compared with
the same period in 2005.
The investigation also revealed that Malabar Manufacturing,
Inc., Hudson, Michigan supplied bi-metal electrical connectors
used in electrical components, and at least 20 percent of its
production or sales is supplied to a manufacturer whose workers
were certified eligible to apply for adjustment assistance.
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 one has not been
met.
The investigation revealed that a significant number of
workers in the workers' firm are not age 50 or older.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers at Malabar
Manufacturing, Inc., Hudson, Michigan qualify as adversely
affected secondary workers under Section 222 of the Trade Act of
1974, as amended. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Malabar Manufacturing, Inc., including on-
site leased workers from Time Services, Hudson, Michigan
who became totally or partially separated from employment
on or after November 16, 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 Malabar
Manufacturing, Inc., including on-site leased workers from Time
Services, Hudson, Michigan are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed at Washington, D.C., this 29th day of November 2006
/s/Elliott S. Kushner
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ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance