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TAW-62205  /  Gemtron Corporation (Holland, MI)

Petitioner Type: Company
Impact Date: 11/11/2007
Filed Date: 09/26/2007
Most Recent Update: 10/10/2007
Determination Date: 10/10/2007
Expiration Date: 10/10/2009


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,205

GEMTRON CORPORATION
HOLLAND, 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, 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 September 26, 2007, in
response to a petition filed by a company official on behalf of
workers of Gemtron Corporation, Holland, Michigan. The workers are
engaged in employment related to the production of refrigerator
shelving.
Workers at the subject firm were certified eligible to apply
for adjustment assistance on November 10, 2005 (TA-W-58,260).
That certification expires November 10, 2007.

This investigation revealed that the subject firm anticipates
separating workers as all manufacturing operations at Holland,
Michigan are ceasing and being shifted to Mexico.
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 {1} has not
been met.
The number of workers who are 50 years of age or older among
the affected group at the subject firm is not significant.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude 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 Gemtron Corporation, Holland, Michigan who
became totally or partially separated from employment on or
after November 11, 2007 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 Gemtron Corporation,
Holland, Michigan 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 10th day of October 2007

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance