Petitioner Type: State
Impact Date: 12/06/2005
Filed Date: 12/07/2006
Most Recent Update: 02/16/2007
Determination Date: 02/16/2007
Expiration Date: 02/16/2009
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,557
BURLEY DESIGN LLC
BICYCLES
EUGENE, OREGON
TA-W-60,557A
BURLEY DESIGN LLC
BICYCLE TRAILERS
EUGENE, OREGON
TA-W-60,557B
BURLEY DESIGN LLC
JOG STROLLERS
EUGENE, OREGON
AND
TA-W-60,557C
BURLEY DESIGN LLC
SEWN PRODUCTS
EUGENE, OREGON
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 (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. 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 December 7, 2006 in response to a petition filed by the State of Oregon on behalf of workers at Burley Design LLC, Eugene, Oregon. The workers of the subject firm produce or produced bicycles, bicycle trailers, jog strollers, and sewn products; they are separately identifiable by product lines.
Bicycles (TA-W-60,557):
It is determined in this case that the requirements of (a) (2) (A) of Section 222 have been met for workers of Burley Design LLC, producing bicycles in Eugene, Oregon.
The investigation revealed that the subject firm stopped producing bicycles and that employment declined because of the ceased production.
The Department of Labor surveyed the subject firm’s major declining customers regarding their purchases of bicycles. These surveys revealed increased imports of bicycles during the period under investigation.
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 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 1 has not been met. The investigation revealed that the subject firm did not employ enough workers over 50 years of age in the bicycle manufacturing product line.
Bicycle Trailers (TA-W-60,557A):
The investigation revealed that criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been met for workers of Burley Design LLC, producing bicycle trailers in Eugene, Oregon.
The investigation revealed that the subject firm did not separate or threaten to separate a significant number or proportion of workers that produce bicycle trailers as required by Section 222 of the Trade Act of 1974. Significant number or proportion of the workers in a firm or appropriate subdivision means at least three workers in a workforce of fewer than 50 workers, five percent of the workers in a workforce of over 50 workers, or at least 50 workers.
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.
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 the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.
Jog Strollers (TA-W-60,557B):
The investigation revealed that criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been met for workers of Burley Design LLC, producing jog strollers in Eugene, Oregon.
The investigation revealed that the subject firm did not separate or threaten to separate a significant number or proportion of workers that produce jog strollers as required by Section 222 of the Trade Act of 1974. Significant number or proportion of the workers in a firm or appropriate subdivision means at least three workers in a workforce of fewer than 50 workers, five percent of the workers in a workforce of over 50 workers, or at least 50 workers.
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.
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 the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.
Sewn Products (TA-W-60,557C):
It is determined in this case that the requirements of (a)(2)(B) of Section 222 have been met for workers of Burley Design LLC, producing sewn products (rain gear, etc.) in Eugene, Oregon.
The investigation revealed that employment at the subject firm declined from January to November 2006 as compared to the same time period the previous year.
The investigation revealed that the decline in employment at the subject firm is related to a shift in production of sewn products, to Mexico, a country that is 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.
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 do not possess skills that are easily transferable. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the investigation, I determine that increases of imports of articles like or directly competitive with bicycles produced by Burley Design LLC, Bicycles, Eugene, Oregon (TA-W-60,557), contributed importantly to the total or partial separation of workers and to the decline in sales or production at that firm or subdivision. Additionally, I conclude that there has been a shift in production from Burley Design LLC, Sewn Products, Eugene, Oregon (TA-W-60,557C) to Mexico of articles that are like or directly competitive with the sewn products produced by that firm or subdivision. In accordance with the provisions of the Act, I make the following determinations:
“Workers of Burley Design LLC, Bicycles, Eugene, Oregon (TA-W-60,557), engaged in employment related to the production of bicycles, who became totally or partially separated from employment on or after December 6, 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 workers of Burley Design LLC, Bicycles, Eugene, Oregon (TA-W-60,557), engaged in employment related to the production of bicycles, are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
AND
"Workers of Burley Design LLC, Sewn Products, Eugene Oregon (60,557C), engaged in employment related to the production of sewn products, who became totally or partially separated from employment on or after December 6, 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.”
AND
I further determine that workers of Burley Design LLC, Bicycle Trailers, Eugene, Oregon (TA-W-60,557A), engaged in employment related to the production of bicycle trailers, and workers of Burley Design LLC, Jog Strollers, Eugene, Oregon (TA-W-60,557B), engaged in employment related to the production of jog strollers, are denied eligibility to apply for trade 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 16th day of February, 2007
/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-60,557
BURLEY DESIGN LLC
BICYCLES
EUGENE, OREGON
TA-W-60,557A
BURLEY DESIGN LLC
BICYCLE TRAILERS
EUGENE, OREGON
TA-W-60,557B
BURLEY DESIGN LLC
JOG STROLLERS
EUGENE, OREGON
AND
TA-W-60,557C
BURLEY DESIGN LLC
SEWN PRODUCTS
EUGENE, OREGON
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 (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. 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 December 7, 2006 in response to a petition filed by the State of Oregon on behalf of workers at Burley Design LLC, Eugene, Oregon. The workers of the subject firm produce or produced bicycles, bicycle trailers, jog strollers, and sewn products; they are separately identifiable by product lines.
Bicycles (TA-W-60,557):
It is determined in this case that the requirements of (a) (2) (A) of Section 222 have been met for workers of Burley Design LLC, producing bicycles in Eugene, Oregon.
The investigation revealed that the subject firm stopped producing bicycles and that employment declined because of the ceased production.
The Department of Labor surveyed the subject firm’s major declining customers regarding their purchases of bicycles. These surveys revealed increased imports of bicycles during the period under investigation.
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 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 1 has not been met. The investigation revealed that the subject firm did not employ enough workers over 50 years of age in the bicycle manufacturing product line.
Bicycle Trailers (TA-W-60,557A):
The investigation revealed that criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been met for workers of Burley Design LLC, producing bicycle trailers in Eugene, Oregon.
The investigation revealed that the subject firm did not separate or threaten to separate a significant number or proportion of workers that produce bicycle trailers as required by Section 222 of the Trade Act of 1974. Significant number or proportion of the workers in a firm or appropriate subdivision means at least three workers in a workforce of fewer than 50 workers, five percent of the workers in a workforce of over 50 workers, or at least 50 workers.
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.
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 the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.
Jog Strollers (TA-W-60,557B):
The investigation revealed that criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been met for workers of Burley Design LLC, producing jog strollers in Eugene, Oregon.
The investigation revealed that the subject firm did not separate or threaten to separate a significant number or proportion of workers that produce jog strollers as required by Section 222 of the Trade Act of 1974. Significant number or proportion of the workers in a firm or appropriate subdivision means at least three workers in a workforce of fewer than 50 workers, five percent of the workers in a workforce of over 50 workers, or at least 50 workers.
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.
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 the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.
Sewn Products (TA-W-60,557C):
It is determined in this case that the requirements of (a)(2)(B) of Section 222 have been met for workers of Burley Design LLC, producing sewn products (rain gear, etc.) in Eugene, Oregon.
The investigation revealed that employment at the subject firm declined from January to November 2006 as compared to the same time period the previous year.
The investigation revealed that the decline in employment at the subject firm is related to a shift in production of sewn products, to Mexico, a country that is 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.
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 do not possess skills that are easily transferable. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the investigation, I determine that increases of imports of articles like or directly competitive with bicycles produced by Burley Design LLC, Bicycles, Eugene, Oregon (TA-W-60,557), contributed importantly to the total or partial separation of workers and to the decline in sales or production at that firm or subdivision. Additionally, I conclude that there has been a shift in production from Burley Design LLC, Sewn Products, Eugene, Oregon (TA-W-60,557C) to Mexico of articles that are like or directly competitive with the sewn products produced by that firm or subdivision. In accordance with the provisions of the Act, I make the following determinations:
“Workers of Burley Design LLC, Bicycles, Eugene, Oregon (TA-W-60,557), engaged in employment related to the production of bicycles, who became totally or partially separated from employment on or after December 6, 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 workers of Burley Design LLC, Bicycles, Eugene, Oregon (TA-W-60,557), engaged in employment related to the production of bicycles, are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
AND
"Workers of Burley Design LLC, Sewn Products, Eugene Oregon (60,557C), engaged in employment related to the production of sewn products, who became totally or partially separated from employment on or after December 6, 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.”
AND
I further determine that workers of Burley Design LLC, Bicycle Trailers, Eugene, Oregon (TA-W-60,557A), engaged in employment related to the production of bicycle trailers, and workers of Burley Design LLC, Jog Strollers, Eugene, Oregon (TA-W-60,557B), engaged in employment related to the production of jog strollers, are denied eligibility to apply for trade 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 16th day of February, 2007
/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance