Certified
« back to search results

TAW-65613  /  Whitehall Mfg (Imperial, PA)

Petitioner Type: Company
Impact Date: 03/16/2008
Filed Date: 03/17/2009
Most Recent Update: 04/09/2009
Determination Date: 04/09/2009
Expiration Date: 04/09/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,613

WHITEHALL MFG.
WHITEHALL EAST DIVISION
A.K.A. THERMO-ELECTRIC COMPANY
IMPERIAL, PENNSYLVANIA

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 March 17, 2009, in response
to a petition filed by a company official on behalf of workers at
Whitehall Mfg., Whitehall East Division, A.K.A. Thermo-Electric
Company, Imperial, Pennsylvania. The workers produce physical
therapy equipment.
Employment and production at the subject facility declined in
the fourth quarter of 2008 compared with the prior quarter, and
declined further in the first quarter of 2009.
The investigation revealed that the decline in employment is
related to a shift in a portion of production of physical therapy
equipment to Mexico, a country that is party to a free trade
agreement with the United States.
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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 1 has not been
met.
The investigation revealed that there are not a significant
number of workers in the worker's firm who are 50 years of age or
older.


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 Whitehall Mfg., Whitehall East Division,
A.K.A. Thermo-Electric Company, Imperial, Pennsylvania who became
totally or partially separated from employment on or after March
16, 2008 through two years from the date of certification are
eligible to apply for adjustment assistance under Section 223 of
the Trade Act of 1974."
I further determine that all workers of Thermo-Electric
Company, Imperial, Pennsylvania are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 9th day of April 2009

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