TAA Decision 71629
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-71,629 HUB CITY MECHANICAL DIVISION ABERDEEN, SOUTH DAKOTA 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: I. The first criterion (set forth in Section 222(a)(1) of the Act, 19 U.S.C. § 2272(a)(1)) requires that a significant number or proportion of the workers in the workers' firm must have become totally or partially separated or be threatened with total or partial separation. II. The second criterion (set forth in Section 222(a)(2) of the Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either: (i)(I) there has been a shift by the workers' firm to a foreign country in the production of articles or supply of services like or directly competitive with those produced/supplied by the workers' firm; or (i)(II) there has been an acquisition from a foreign country by the workers' firm of articles/services that are like or directly competitive with those produced/supplied by the workers' firm. III. The third criterion requires that the shift/acquisition must have contributed importantly to the workers' separation or threat of separation. See Section 222(a)(2)(B)(ii) of the Act, 19 U.S.C. § 2272(a)(2)(B)(ii). The investigation was initiated in response to a petition filed on July 10, 2009 by a company official and union official representing the International Association of Machinists and Aerospace Workers on behalf of workers of Hub City, Aberdeen, South Dakota. The workers are engaged in the production of gearboxes and bearings. The investigation revealed that workers of Hub City who are engaged in employment related to production of gearboxes and bearings meet the criteria for certification. Criterion I has been met because more than five percent of the workers at the subject firm were separated from employment during the relevant period. Criterion II has been satisfied because the workers' firm has acquired from a foreign country articles like or directly competitive with articles produced by the workers. Criterion III has been met because the acquisition of gearbox components from China and India by Hub City contributed importantly to worker group separations at the Aberdeen, South Dakota facility. Conclusion After careful review of the facts obtained in the investigation, I determine that workers of Hub City, Aberdeen, South Dakota, who are engaged in employment related to the production of gearbox components 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 Hub City, Aberdeen, South Dakota, who became totally or partially separated from employment on or after July 1, 2008, 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 9th day of September, 2009. /s/ Elliott S. Kushner ______________________________ ELLIOTT S. KUSHNER Certifying Officer, Division of Trade Adjustment Assistance