Certified
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TAW-56645  /  Zodiac American Pools (Midway, GA)

Petitioner Type: Workers
Impact Date: 02/02/2004
Filed Date: 02/25/2005
Most Recent Update: 03/22/2005
Determination Date: 03/22/2005
Expiration Date: 03/22/2007

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,645

ZODIAC AMERICAN POOLS, INC.
INCLUDING LEASED WORKERS OF MANPOWER, INC.
MIDWAY, GEORGIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 February 25, 2005, in
response to a petition filed on behalf of workers of Zodiac
American Pools, Inc., Midway, Georgia. The workers produce
above ground steel wall pools.
The investigation revealed that Zodiac American Pools,
Inc., Midway, Georgia also leased workers from Manpower, Inc.,
to produce above ground steel wall pools.
The preponderance in the declines in employment at the
subject firm is related to a shift in plant production of above
ground steel wall pools to Canada, a country with a Free Trade
Agreement with the United States.
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.
In addition, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number workers at the firm are age 50 or over
and do not possess skills that are easily transferable.
Competitive conditions within the swimming pool industry are
adverse.
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 Canada of articles that
are like or directly competitive with above ground steel wall
pools produced by the subject firm or subdivision. In accordance
with the provisions of the Act, I make the following
certification:
"Workers of Zodiac American Pools, Inc., Midway, Georgia
including leased workers of Manpower, Inc., Brunswick,
Georgia working at Zodiac American Pools, Inc., Midway,
Georgia, who became totally or partially separated from
employment on or after February 2, 2004, 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 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 22nd day of March, 2005.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance