Petitioner Type: Union
Impact Date: 09/15/2003
Filed Date: 09/21/2004
Most Recent Update: 10/22/2004
Determination Date: 10/22/2004
Expiration Date: 10/22/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,636
FLEETGUARD CORPORATION
SUBSIDIARY OF CUMMINS CORPORATION
COOKEVILLE, TENNESSEE
Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Reconsideration
On November 18, 2004, the Department of Labor issued a
Notice of Affirmative Determination Regarding Application for
Reconsideration for workers of the subject firm. The Notice will
soon be published in the Federal Register.
The initial investigation determined that the subject worker
group possesses skills that are easily transferable to another
position in the local commuting area.
The reconsideration investigation has revealed that the
workers do not possess skills that are easily transferable to
another position in the local commuting area.
At least five percent of the workforce at the subject from
is at least fifty years of age. Competitive conditions within
the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of at Fleetguard Corporation, Subsidiary of
Cummins Corporation, Cookeville, Tennessee, who became
totally or partially separated from employment on or after
September 15, 2003 through October 22, 2006, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed in Washington, D.C. this 6th day of December 2004.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,636
FLEETGUARD CORPORATION
SUBSIDIARY OF CUMMINS CORPORATION
COOKEVILLE, TENNESSEE
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), 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 Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on September 21, 2004 in
response to a petition filed by the United Auto Workers (UAW),
Local 14072, on behalf of workers of Fleetguard Corporation,
subsidiary of Cummins Corporation, Cookeville, Tennessee. The
workers at the subject firm produce wet and dry filtration
products.
The investigation revealed that employment at the subject firm
decreased from 2002 to 2003 and again during the period of January
through August 2004 compared to the same period in 2003.
The preponderance in the declines in employment at the subject
firm is related to a shift in production of wet and dry filtration
products to a country (Mexico) that is a party to a free trade
agreement with the United States.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (2) has not been
met.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers’ firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Fleetguard Corporation, subsidiary of Cummins
Corporation, Cookeville, Tennessee who became totally or
partially separated from employment on or after September 15,
2003 through two years from the date of certification are
eligible to apply for adjustment assistance under Section 223
of the Trade Act of 1974;"
and
I further determine that all workers of Fleetguard
Corporation, subsidiary of Cummins Corporation, Cookeville,
Tennessee are denied eligibility for Alternative Trade Adjustment
Assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 22nd day of October 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-55,636
FLEETGUARD CORPORATION
SUBSIDIARY OF CUMMINS CORPORATION
COOKEVILLE, TENNESSEE
Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Reconsideration
On November 18, 2004, the Department of Labor issued a
Notice of Affirmative Determination Regarding Application for
Reconsideration for workers of the subject firm. The Notice will
soon be published in the Federal Register.
The initial investigation determined that the subject worker
group possesses skills that are easily transferable to another
position in the local commuting area.
The reconsideration investigation has revealed that the
workers do not possess skills that are easily transferable to
another position in the local commuting area.
At least five percent of the workforce at the subject from
is at least fifty years of age. Competitive conditions within
the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of at Fleetguard Corporation, Subsidiary of
Cummins Corporation, Cookeville, Tennessee, who became
totally or partially separated from employment on or after
September 15, 2003 through October 22, 2006, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed in Washington, D.C. this 6th day of December 2004.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,636
FLEETGUARD CORPORATION
SUBSIDIARY OF CUMMINS CORPORATION
COOKEVILLE, TENNESSEE
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), 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 Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on September 21, 2004 in
response to a petition filed by the United Auto Workers (UAW),
Local 14072, on behalf of workers of Fleetguard Corporation,
subsidiary of Cummins Corporation, Cookeville, Tennessee. The
workers at the subject firm produce wet and dry filtration
products.
The investigation revealed that employment at the subject firm
decreased from 2002 to 2003 and again during the period of January
through August 2004 compared to the same period in 2003.
The preponderance in the declines in employment at the subject
firm is related to a shift in production of wet and dry filtration
products to a country (Mexico) that is a party to a free trade
agreement with the United States.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (2) has not been
met.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers’ firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Fleetguard Corporation, subsidiary of Cummins
Corporation, Cookeville, Tennessee who became totally or
partially separated from employment on or after September 15,
2003 through two years from the date of certification are
eligible to apply for adjustment assistance under Section 223
of the Trade Act of 1974;"
and
I further determine that all workers of Fleetguard
Corporation, subsidiary of Cummins Corporation, Cookeville,
Tennessee are denied eligibility for Alternative Trade Adjustment
Assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 22nd day of October 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance