Petitioner Type: Workers
Impact Date: 12/13/2005
Filed Date: 12/15/2006
Most Recent Update: 01/30/2007
Determination Date: 01/30/2007
Expiration Date: 01/30/2009
Employment and Training Administration
TA-W-60,611
BMCI RODGERS MOLDING CORPORATION
A SUBSIDIARY OF BULK MOLDING COMPOUNDS, INC.
EL PASO, TEXAS
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, 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.
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 December 15, 2006 in
response to a petition filed on behalf of workers of BMCI Rodgers
Molding Corporation, a subsidiary of Bulk Molding Compounds, Inc.,
El Paso, Texas. The workers produce molding compound.
The investigation revealed that sales, production and
employment at the subject facility all declined absolutely upon the
facility's shutdown on December 29, 2006.
The subject firm has shifted production of molding compound to
Mexico, a country which is party to a free trade agreement with the
United States.
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 criteria one has not been
met. The investigation revealed that the subject facility does not
have a significant number (three or more) of workers 50 years of
age or older.
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 BMCI Rodgers Molding Corporation, a subsidiary
of Bulk Molding Compounds, Inc., El Paso, Texas, who become totally
or partially separated from employment on or after December 13,
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 BMCI Rodgers Molding
Corporation, a subsidiary of Bulk Molding Compounds, Inc., El
Paso, Texas, 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 30th day of January 2007
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance