Petitioner Type: Union
Impact Date: 10/09/2013
Filed Date: 10/10/2014
Most Recent Update: 11/24/2014
Determination Date: 11/24/2014
Expiration Date: 11/24/2016
Employment and Training Administration
TA-W-85,587
OMCO MACHINING CONCEPTS, INC.
WINCHESTER, INDIANA
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 ("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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) the workers' firm (or subdivision) is a Supplier or
Downstream Producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility under Section 222(a) of
the Act, 19 U.S.C. § 2272(a), and such supply or
production is related to the article that was the
basis for such certification; and
(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or
(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm (or subdivision) component parts for articles
that were the basis for a certification of eligibility under
subsection (a) [of Section 222 of the Act] of a group of workers
employed by such other firm."
The investigation was initiated in response to a petition
filed on October 10, 2014 by the Glass, Molders, Pottery,
Plastics & Allied Workers (GMP) International Union, Local 123
on behalf of workers of OMCO Machining Concepts, Winchester,
Indiana (OMCO). The workers' firm is engaged in the production
of mould equipment components.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because 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.
Section 222(b)(2) has been met because OMCO is a Supplier
to a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act, 19
U.S.C. § 2272(a), and such supply is related to the actual
finished article that was the basis for such certification.
Section 222(b)(3)(A) has been met because the mould
equipment components produced by OMCO for a firm that employed
a worker group who received a certification of eligibility
accounted for at least 20 percent of the production or sales
of OMCO.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, 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 requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria have been met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the
workers in the workers' firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of OMCO Machining
Concepts, Winchester, Indiana, who are engaged in activities
related to the production of mould equipment components meet the
worker group certification criteria under Section 222(b) of the
Act, 19 U.S.C. § 2272(b). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of OMCO Machining Concepts, Winchester,
Indiana, who became totally or partially separated from
employment on or after October 9, 2013, 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, and are also eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 24th day of November, 2014
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance