Petitioner Type: Union
Impact Date:
Filed Date: 09/04/2001
Most Recent Update: 01/25/2002
Determination Date: 01/25/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,925
BAKER ENTERPRISES, INC.
ALPENA, MICHIGAN
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 separat-
ed;
(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 September 4, 2001 in
response to a petition filed by the United Steelworkers of
America, Local 199, on behalf of all workers at Baker
Enterprises, Inc., Alpena, Michigan.
The subject firm nor its parent company imports concrete
equipment or concrete machinery.
The Department of Labor conducted a survey of the subject
company's major customers regarding their purchases of concrete
equipment and machinery.
The survey revealed no increase in customer import purchases
of concrete equipment or machinery during the relevant periods.
Currently, there is a NAFTA-TAA petition pending for the
workers at the subject company, NAFTA-5204.
Conclusion
After careful review, I determine that all workers of Baker
Enterprises, Alpena, Michigan, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 25th day of January, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment