Petitioner Type: Workers
Impact Date:
Filed Date: 01/22/2002
Most Recent Update: 01/29/2002
Determination Date: 01/29/2002
Expiration Date:
Employment and Training Administration
TA-W-40,605
POWERBRACE CORPORATION
KENOSHA, WISCONSIN
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
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 in response to a petition
received on January 22, 2002, and filed by the Machinists and
Aerospace Workers Local 34 at Powerbrace Corporation, Kenosha,
Wisconsin. The workers are engaged in the production of railcar
gates and lock rods for truck trailers. A petition for NAFTA-
Transitional Adjustment Assistance has been filed on behalf of
workers at the subject firm (NAFTA - 5544). A decision on that
petition will be made concurrently with this determination.
This investigation revealed that production and employment
at Powerbrace Corporation, Kenosha, Wisconsin declined in Fiscal
Year 2000 compared with Fiscal Year 1999, and continued to de-
cline in April-December 2001.
The investigation further revealed that Powerbrace Corpora-
tion, Kenosha, Wisconsin, did not import articles that were like
or directly competitive with the articles produced at the subject
plant.
The U.S. Department of Labor conducted a survey of major
customers of Powerbrace Corporation, Kenosha, Wisconsin, regard-
ing their purchases of railcar gates and lock rods in 1999, 2000,
and 2001. None of the respondents reported increasing their im-
port purchases of such products while reducing purchases from the
subject firm.
Conclusion
After careful review, I determine that all workers of Power-
brace Corporation, Kenosha, Wisconsin are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.
Signed at Washington, D.C., this 29th day of January, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance