Certified
« back to search results

TAW-64710  /  Orchid McAllen, LLC (Mcallen, TX)

Petitioner Type: Workers
Impact Date: 12/16/2007
Filed Date: 12/17/2008
Most Recent Update: 01/09/2009
Determination Date: 01/09/2009
Expiration Date: 01/09/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,710

ORCHID MCALLEN, LLC
A SUBSIDIARY OF ORCHID INTERNATIONAL
INCLUDING WORKERS OF MANPOWER AND SELECT STAFF
MCALLEN, TEXAS

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 December 17, 2008 in
response to a petition filed by workers of Orchid McAllen, LLC,
a subsidiary of Orchid International, McAllen, Texas. Workers at
the subject firm produced metal stamping and die castings. The
worker group includes on-site temporary workers from Manpower
and Select Staff.
The investigation revealed that actual or threatened
declines in employment at the subject firm are related to a
shift in production of metal stamping and die castings to
Mexico, a country that is 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 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 has been 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 Orchid McAllen, LLC, a subsidiary of Orchid
International, including on-site temporary workers from
Manpower and Select Staff, McAllen, Texas who became
totally separated from employment on December 16, 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 9th day of January 2009


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance