Certified
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TAW-63870  /  Peerless-Winsmith, Inc. (Springville, NY)

Petitioner Type: Union
Impact Date: 08/08/2007
Filed Date: 08/14/2008
Most Recent Update: 09/19/2008
Determination Date: 09/19/2008
Expiration Date: 09/19/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,870

PEERLESS-WINSMITH, INC.
SPRINGVILLE, NEW YORK

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), as amended, the Department of Labor herein presents the
results of its 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 August 14, 2008 in response
to a petition filed by the International Union of Electronic,
Electrical, Salaried, Machine and Furniture Workers - Communication
Workers of America, Local 81353 on behalf of workers of Peerless-
Winsmith, Inc., Springville, New York. Workers at the subject firm
manufacture and assemble speed reducers and speed reducer
components. Workers are not separately identifiable by product.
The investigation revealed that employment at the subject firm
declined between 2006 and 2007, and declined in January through
July 2008 compared to the same period of 2007.
Furthermore, the subject firm shifted production of speed
reducer components to China and Italy and increased imports of
speed reducer components during the relevant period.
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 Italy 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 Peerless-Winsmith, Inc., Springville, New
York, who became totally or partially separated from
employment on or after August 8, 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, 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 19th day of September 2008


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance