Denied
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TAW-61122  /  Snap-On Logistics Company (Johnson City, TN)

Petitioner Type: Union
Impact Date:
Filed Date: 03/16/2007
Most Recent Update: 04/26/2007
Determination Date: 04/26/2007
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,122

SNAP-ON TOOLS COMPANY LLC
A DIVISION OF SNAP-ON LOGISTICS COMPANY
JOHNSON CITY, TENNESSEE

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. 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 March 16, 2007, in response
to a petition filed by the Tennessee American Federation of Labor
and Congress of Industrial Organizations (AFL-CIO) Technical
Assistance Program on behalf of workers of Snap-on Tools Company
LLC, a division of Snap-on Logistics Company, Johnson City,
Tennessee. The workers at the subject firm produce hand tools
(screwdrivers, pry bars, etc.).
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
Worker separations at the subject firm are due to a corporate
decision to restructure to ensure efficiency.
The subject firm did not shift the production of its hand
tools abroad in 2005, 2006, or the first two months in 2007.
Production is being shifted domestically within the company as well
as work being outsourced, and produced, domestically.
Company imports of screwdrivers were reported but were
negligible and are not like or directly competitive to that of
production at the subject firm.
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.









Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Snap-on Tools
Company LLC, a division of Snap-on Logistics Company, Johnson City,
Tennessee, 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 26th day of April 2007



/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance