Certified
« back to search results

TAW-63133  /  Mitch Murch's Maintenance Management (Rolla, MO)

Petitioner Type: Workers
Impact Date: 01/25/2007
Filed Date: 04/04/2008
Most Recent Update: 04/10/2008
Determination Date: 04/10/2008
Expiration Date: 04/10/2010


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,133

MITCH MURCH MAINTENANCE MANAGEMENT
WORKING ON-SITE AT BRIGGS AND STRATTON CORPORATION
ROLLA, MISSOURI

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 April 3, 2008 in response
to a petition filed by workers of Mitch Murch Maintenance
Management, working on-site at Briggs and Stratton Corporation,
Rolla, Missouri. The workers were engaged in support activities
related to the production of vertical and horizontal Intek engines
and quantum engines produced at the Briggs and Stratton Corporation
facility. They worked under contract to Briggs and Stratton and
were sufficiently under the control of Briggs and Stratton to be
considered leased workers.
The investigation revealed that employment declined from March
27, 2007 to March 27, 2008.
The subject workers supported production at Briggs and
Stratton Corporation, Engine Power Products Group, Rolla, Missouri.
Workers at that facility were certified eligible to apply for
adjustment assistance on September 14, 2006 (TA-W-59,976). That
certification, which remains in effect for two years from the date
of certification, was based on an increase in imports following a
shift in production to China.
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 one has not been
met.
The investigation revealed that the worker group employed at
the subject facility does not have a significant number of workers
who are age 50 and above.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production to
China 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 Mitch Murch Maintenance Management, working
on-site at Briggs and Stratton Corporation, Rolla, Missouri,
who became totally or partially separated from employment on
or after January 25, 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 Mitch Murch
Maintenance Management, working on-site at Briggs and Stratton
Corporation, Rolla, Missouri, 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 April 2008
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance