Denied
« back to search results

TAW-63238  /  Alliance Industries, Inc. (Troy, IN)

Petitioner Type: Company
Impact Date:
Filed Date: 04/23/2008
Most Recent Update: 06/19/2008
Determination Date: 06/19/2008
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,238

ALLIANCE INDUSTRIES, INC.
TROY, INDIANA

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 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualifies as adversely
affected secondary workers acting as downstream producers for a
firm or subdivision primarily affected by increased imports from
Canada or Mexico or a shift of production to Canada or Mexico.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or

(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

The investigation was initiated on April 22, 2008, in
response to a petition filed by a company official on behalf of
workers of Alliance Industries, Inc., Troy, Indiana. The
workers apply coatings to brake drums.
The investigation revealed that criterion (2) has not been
met.
Petitioners allege that job losses were due to their firm
losing business as a downstream producer for a firm that has
increased imports from Canada or Mexico or shifted production to
Canada or Mexico.
The investigation revealed, however, that the external firm
for which the subject firm acted as a downstream finisher did
not employ workers certified eligible for adjustment assistance
based on increased imports from Canada or Mexico or a shift of
production to Canada or 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.
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, I determine that all workers covered
by this petition of Alliance Industries, Inc., Troy, Indiana do
not qualify as adversely affected secondary workers and are
denied eligibility to apply for adjustment assistance under
section 223(b) of the Trade Act of 1974.
After careful review, I determine that all workers of
Alliance Industries, Inc., Troy, Indiana are denied eligibility
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.

Signed at Washington, D.C., this 19th day of June 2008.

/s/ Richard Church

__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance