Denied
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TAW-38551  /  Nova Bus, Plant #3 (Roswell, NM)

Petitioner Type: Workers
Impact Date:
Filed Date: 01/16/2001
Most Recent Update: 04/02/2001
Determination Date: 04/02/2001
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,551

NOVA BUS
PLANT III
ROSWELL, NEW MEXICO

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or subdi-
vision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or appro-
priate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated on January 16, 2001 in
response to a petition filed by International Association of
Machinists and Aerospace Workers, Local 2577, on behalf of workers
at Nova BUS, Plant III, Roswell, New Mexico. The workers produced
subassemblies of transit buses.
The investigation revealed that criterion (3) has not been
met.
The petitioner alleged that Plant III was shut down and the
work sent to Canadian Anglo Machine and Ironworks (C.A.M.I.), a
Canadian-based bus component manufacturer.
Evidence developed in the course of the investigation revealed
that the company closed permanently the subject plant in October
2000 and outsourced the majority of the plant's production to
Canadian Anglo Machine and Ironworks (C.A.M.I.). However, Canadian
Anglo Machine and Ironworks (C.A.M.I.) manufactures the products
previously produced at the subject plant in the U.S. and not in a
foreign country.
In addition, according to a company official, there were no
specific bid projects lost by the subject firm that were awarded
to foreign firms. Procurement of transit buses by customers of
the subject firm, i.e. metropolitan transit authorities, with the
use of federal, state and local funds is restricted under Buy
America regulations.
Conclusion
After careful review, I determine that all workers of Nova
BUS, Plant III, Roswell, New Mexico are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.

Signed in Washington, D. C. this 2nd day of April, 2001


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance