Certified
« back to search results

TAW-85823  /  Wilco Machine and Fab., Inc. (Marlow, OK)

Petitioner Type: Company
Impact Date: 02/09/2014
Filed Date: 02/10/2015
Most Recent Update: 03/10/2015
Determination Date: 03/10/2015
Expiration Date: 03/10/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,823

WILCO MACHING & FAB., INC.
INCLUDING ON-SITE LEASED WORKERS FROM
PHILTEK SERVICES, LLC
MARLOW, OKLAHOMA

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 February 10, 2015 on behalf of workers of Wilco
Machine & Fab., Inc., Marlow, Oklahoma. The workers' firm is
engaged in the production of machined energy industry
equipment. The worker group includes on-site leased workers
from Philtek Services, LLC.
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 Wilco Machine &
Fab., Inc., Marlow, Oklahoma is a Supplier to a firm (or
subdivision, whichever is applicable) 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)(B) has been met because the loss of
business by Wilco Machine & Fab., Inc., Marlow, Oklahoma with
the aforementioned firm contributed importantly to worker
separations at Wilco Machine & Fab., Inc., Marlow, Oklahoma.
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).
(IV) 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.
(V) Section 246(a)(3)(A)(ii)(II) has been met because
the workers in the workers' firm possess skills
that are not easily transferrable.
(VI) 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 Wilco Machine & Fab.,
Inc., Marlow, Oklahoma, who are engaged in activities related to
the production of machined energy industry equipment 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 Wilco Machine & Fab., Inc., including on-
site leased workers from Philtek Services, LLC, Marlow,
Oklahoma, who became totally or partially separated from
employment on or after February 9, 2014, 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 10th day of March, 2015.


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