DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,733

MODINE MANUFACTURING
TRUCK DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM STAFFMARK
LAWRENCEBURG, TENNESSEE

Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on January 23, 2009,
applicable to workers of Modine Manufacturing, Truck Division,
Lawrenceburg, Tennessee. The notice was published in the Federal
Register on February 10, 2009 (74 FR 6652).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of charged air coolers, air
filters, and oil coolers used in trucks.
New information provided by the company shows that workers
leased from Staffmark were employed on-site at Modine
Manufacturing, Truck Division, Lawrenceburg, Tennessee.


The intent of the Department’s certification is to include
all workers at the subject firm who were adversely affected by
the shift in production of charged air coolers, air filters, and
oil coolers to Mexico.
The Department has determined that these workers were
sufficiently under the control of Modine Manufacturing to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from working on-site at
the Lawrencebury, Tennessee location of the subject firm.
The amended notice applicable to TA-W-64,733 is hereby
issued as follows:



"All workers of Modine Manufacturing, Truck Division,
Lawrenceburg, Tennessee, including on-site leased workers from
Staffmark, who became totally or partially separated from
employment on or after December 17, 2007 through January 29,
2011, 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 6th day of March 2009

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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,733

MODINE MANUFACTURING
TRUCK DIVISION
LAWRENCEBURG, TENNESSEE

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 18, 2008 in
response to a petition filed by the company official on behalf of
workers of Modine Manufacturing, Truck Division, Lawrenceburg,
Tennessee. The workers produce charged air coolers, air filters,
and oil coolers. These products are used in trucks. Workers are not
separately identifiable by product.
The investigation revealed that employment at the Lawrenceburg
Plant declined in January through November 2008 compared with the
same period of the previous year.
The subject firm is shifting production of charged air
coolers, air filters, and oil coolers 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 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 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 Modine Manufacturing, Truck Division,
Lawrenceburg, Tennessee who became totally or partially
separated from employment on or after December 17, 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 23rd day of January 2009


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










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