TAA Decision 54497
Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.
DEPARTMENT OF LABOR Employment and Training Administration TA-W-54,497 TREK BICYCLE CORPORATION INCLUDING LEASED WORKERS OF DIVERSIFIED PERSONNEL SERVICES WHITEWATER, WISCONSIN 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 its 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)(A) of Section 222 have been met. The investigation was initiated on March 12, 2004, in response to a petition filed by a company official on behalf of workers at Trek Bicycle Corporation, Whitewater, Wisconsin. Workers at the subject firm paint and assemble bicycles. The subject firm also leased some workers from Diversified Personnel Services, Whitewater, Wisconsin. The investigation revealed that production and employment at the subject firm declined from 2002 to 2003. The investigation further revealed an increase in company imports of bicycles during the relevant period. 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 2 has not been met. The investigation revealed workers in the workers' firm do possess easily transferable skills. Conclusion After careful review of the facts obtained in the investigation, I determine that increases in imports of articles like or directly competitive with bicycles produced by Trek Bicycle Corporation, Whitewater, Wisconsin, contributed importantly to the total or partial separation of workers and to the decline in sales or production at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification: "All workers of Trek Bicycle Corporation, Whitewater, Wisconsin, including leased workers from Diversified Personnel Services, Whitewater, Wisconsin who became totally or partially separated from employment on or after March 11, 2003, through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974;" and I further determine that all workers Trek Bicycle Corporation, Whitewater, Wisconsin, including leased workers from Diversified Personnel Services, Whitewater, Wisconsin, 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 6th day of April 2004. /s/ Linda G. Poole ______________________________ LINDA G. POOLE Certifying Officer, Division of Trade Adjustment Assistance