Certified
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TAW-61414  /  Mercury Marine (Fond Du Lac, WI)

Petitioner Type: Union
Impact Date: 04/23/2006
Filed Date: 05/02/2007
Most Recent Update: 06/08/2007
Determination Date: 06/08/2007
Expiration Date: 06/08/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,414

MERCURY MARINE
DIVISION OF BRUNSWICK CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
WESTAFF (USA), INC. AND AEROTEK
FOND DU LAC, WISCONSIN

Amended Certification 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on June 8, 2007,
applicable to workers of Mercury Marine, Division of Brunswick
Corporation, Fond du Lac, Wisconsin. The notice was published in
the Federal Register on June 22, 2007 (72 FR 34482).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of marine outboard engines.
New information shows that workers leased from Westaff
(USA), Inc. and Aerotek were employed on-site at the Fond du Lac,
Wisconsin location of Mercury Marine, Division of Brunswick
Corporation. The Department has determined that these workers
were sufficiently under the control of Mercury Marine, Division
of Brunswick Corporation to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Westaff (USA), Inc.
and Aerotek working on-site at the Fond du Lac, Wisconsin
location of the subject firm.
The intent of the Department’s certification is to include
all workers employed at Mercury Marine, Division of Brunswick
Corporation, Fond du Lac, Wisconsin who were adversely affected
by increased imports following a shift in production of marine
outboard engines to China and Japan.


The amended notice applicable to TA-W-61,414 is hereby
issued as follows:
"All workers of Mercury Marine, Division of Brunswick
Corporation, including on-site leased workers from
Westaff (USA), Inc. and Aerotek, Fond du Lac,
Wisconsin, who became totally or partially separated
from employment on or after April 23,2006 through June
8, 2009 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.”
Signed at Washington, D.C. this 28th day of January 2009

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,414

MERCURY MARINE
DIVISION OF BRUNSWICK CORPORATION
FOND DU LAC, WISCONSIN

Certification 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 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 in response to a petition
received on May 2, 2007, and filed by District 10 of the
Machinists’ Union on behalf of workers at Mercury Marine, Division
of Brunswick Corporation, Fond du Lac, Wisconsin. The workers
produce marine outboard engines.
The investigation revealed that the declines in employment at
the subject firm are related to the subject firm shifting a portion
of its production of marine outboard engines to China and Japan,
and subsequently importing those products into 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.
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 possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
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 China and Japan of
articles that are like or directly competitive with those produced
by the subject firm or subdivision, and there has been or is likely
to be an increase in imports of like or directly competitive
articles. In accordance with the provisions of the Act, I make the
following certification:


"All workers of Mercury Marine, Division of Brunswick
Corporation, Fond du Lac, Wisconsin, who became totally or
partially separated from employment on or after April 23,
2006, through two years from the date of certification are
1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974.”
Signed in Washington, D.C. this 8th day of June 2007.

/s/ Linda G. Poole


______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance









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