Denied
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TAW-65594  /  Brunswick Bowling and Billiard Corporation (Muskegon, MI)

Petitioner Type: State
Impact Date:
Filed Date: 03/16/2009
Most Recent Update: 04/24/2009
Determination Date: 04/24/2009
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,594

BRUNSWICK BOWLING AND BILLIARDS CORPORATION
MUSKEGON, MICHIGAN

Negative Determinations 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in either
of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are threatened
to become totally or partially separated;
B. the sales or production, or both, of such firm or subdivision
have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or threat
of separation and to the decline in sales or production of
such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country under
the Andean Trade Preference Act, African Growth and
Opportunity Act, or the Caribbean Basin Economic Recovery
Act; or
3. there has been or is likely to be an increase in imports
of articles that are like or directly competitive with
articles which are or were produced by such firm or
subdivision.

The investigation was initiated on March 16, 2009 in response to
a petition filed by a state workforce official on behalf of workers of
Brunswick Bowling and Billiards Corporation, Muskegon, Michigan,
producing bowling balls.
The workers of the subject firm were previously certified
eligible to apply for adjustment under petition number TA-W-58,704,
based on a shift in production to Mexico. That certification was
expired on February 6, 2008.
This investigation determined that the subject firm ceased
production of bowling balls in January 2007. The workers of Brunswick
Bowling and Billiards Corporation, Muskegon, Michigan, are engaged in
activities related to the sales, marketing, finance, packing and
shipping of bowling products.
There was a decline in employment at the subject firm between
March 2008 and March 2009. However, since the workers are providing a
service and are not engaged in production of an article, the Trade Act
criteria for certification of the worker group is not met.
In addition, 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in this investigation,
I determine that all workers of Brunswick Bowling and Billiards
Corporation, Muskegon, Michigan are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974, and
are also denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.

Signed in Washington, D.C., this 24th day of April, 2009


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