Certified
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TAW-64031  /  Gates Corporation (Jefferson, NC)

Petitioner Type: Company
Impact Date: 09/05/2007
Filed Date: 09/11/2008
Most Recent Update: 11/13/2008
Determination Date: 11/13/2008
Expiration Date: 11/13/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,031

GATES CORPORATION
NORTH AMERICAN POWER TRANSMISSION DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
JEFFERSON, NORTH CAROLINA

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 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 September 11, 2008 in
response to a petition filed by a company official on behalf of
workers of Gates Corporation, North American Power Transmission
Division, Jefferson, North Carolina. Workers at the subject firm
produce rubber/pulley belts for automobile drives.
The subject firm also utilized temporary/contract workers from
Kelly Services.
A significant number or proportion of workers at the subject
firm was partially separated in September 2008.
The subject firm shifted a portion of its rubber fan/pulley
belts for automobile drives from Jefferson, North Carolina to a
country (Mexico) that is a party to a free trade agreement with
the United States.
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 do not possess skills that are 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 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 Gates Corporation, North American Power
Transmission Division, Jefferson, North Carolina, including
on-site leased workers from Kelly Services, who became totally
or partially separated from employment on or September 5, 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 13st day of November 2008

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