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TAW-62579  /  Durham Manufacturing Company (Durham, CT)

Petitioner Type: State
Impact Date: 12/14/2006
Filed Date: 12/17/2007
Most Recent Update: 01/11/2008
Determination Date: 01/11/2008
Expiration Date: 01/11/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,579

DURHAM MANUFACTURING COMPANY
METAL STORAGE BIN DEPARTMENT
DURHAM, CONNECTICUT

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 17, 2007, in
response to a petition filed by the Connecticut Department of Labor
on behalf of workers of the Metal Storage Bin Department of Durham
Manufacturing Company, Durham, Connecticut. The workers produce
metal storage bins.
The investigation revealed that the subject firm has shifted
the production of metal storage bins to Mexico causing a decline in
employment in the Metal Storage Bin Department in 2007.
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 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 investigation revealed that the number of workers 50
years of age or older is less than three.


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 the Metal Storage Bin Department of Durham
Manufacturing Company, Durham, Connecticut who became
totally or partially separated from employment on or after
December 14, 2006 through two years from the date of
certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974."
I further determine that all workers of the Metal Storage Bin
Department of Durham Manufacturing Company, Durham, Connecticut 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 11th day of January 2008


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