Certified
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TAW-63882  /  Kohler Company (Searcy, AR)

Petitioner Type: Union
Impact Date: 08/15/2007
Filed Date: 08/18/2008
Most Recent Update: 09/03/2008
Determination Date: 09/03/2008
Expiration Date: 09/03/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,882

KOHLER COMPANY
STAINLESS STEEL DIVISION
SEARCY, ARKANSAS

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, 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 August 18, 2008, in
response to a petition filed by the United Auto Workers Local 100
on behalf of workers of Kohler Company, Stainless Steel Division,
Searcy, Arkansas. The workers produce stainless steel sinks.
The investigation revealed that the subject firm has shifted
production to Mexico and reduced employment levels at Searcy,
Arkansas.
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 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 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 Kohler Company, Stainless Steel Division,
Searcy, Arkansas who became totally or partially separated
from employment on or after August 15, 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 in Washington, D.C. this 3rd day of September 2008



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