DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,881

MARLEY COOLING TOWER COMPANY
LOUISVILLE, KENTUCKY

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
eligibility 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
subdivision have decreased absolutely; and

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

The investigation was initiated on August 20, 2001 in response
to a petition filed by the International Association of Bridge,
Structural and Ornamental Ironworkers, Local 682 on behalf of
workers at Marley Cooling Tower Company, Louisville, Kentucky. The
workers produced water-cooling towers.
The investigation revealed that criterion (3) has not been
met.


The subject firm did not import water-cooling towers during
the relevant period. Furthermore, it has been determined that all
production from the subject firm was shifted domestically to a
Marley Cooling Tower Company manufacturing facility in Olathe,
Kansas.
Conclusion
After careful review, I determine that all workers at Marley
Cooling Tower Company, Louisville, Kentucky engaged in employment
related to the production of water-cooling towers, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D.C. this 22nd day of April, 2002.




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