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TAW-73494  /  Air-Way Manufacturing Company (Olivet, MI)

Petitioner Type: Union
Impact Date: 02/09/2009
Filed Date: 02/18/2010
Most Recent Update: 05/20/2010
Determination Date: 05/20/2010
Expiration Date: 05/20/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,494

AIR-WAY MANUFACTURING COMPANY
PLANTS 1 AND 2
OLIVET, MICHIGAN

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on February 18, 2010 by a representative of the United
Steelworkers on behalf of workers of Air-Way Manufacturing
Company, Plants 1 and 2, Olivet, Michigan. The workers
produced hydraulic fittings for the construction, agricultural
and material handling markets.
The investigation revealed that workers of Air-Way
Manufacturing Company, who are engaged in employment related to
production of hydraulic fittings, meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number of the workers have been separated.
Section 222(a)(2)(A)(i) has been met because the sales
and production of hydraulic fittings by Air-Way Manufacturing
Company have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with hydraulic fittings
produced by Air-Way Manufacturing Company have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports of hydraulic fittings contributed
importantly to the worker group separations and
sales/production declines at Air-Way Manufacturing Company.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Air-Way Manufacturing
Company, Plants 1 and 2, Olivet, Michigan, who are engaged in
employment related to production of hydraulic fittings meet the
worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of Air-Way Manufacturing Company, Plants 1
and 2, Olivet, Michigan, who became totally or partially
separated from employment on or after February 9, 2009,
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 20th day of May, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance