Petitioner Type: Workers
Impact Date:
Filed Date: 10/23/2000
Most Recent Update: 11/03/2000
Determination Date: 11/03/2000
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,238
ROYAL OAK ENTERPRISES, INC.
PARIS, ARKANSAS
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 on October 23, 2000, in
response to a petition filed on behalf of workers at Royal Oak
Enterprises, Inc., Paris, Arkansas. Workers were engaged in
activities related to the production of charcoal briquettes.
A petition for NAFTA-Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA -
4210). A determination on that case will be made concurrently
with this.
This investigation revealed that criterion (3) has not been
met.
The investigation revealed that the layoffs and the closure
of the plant are the direct result of a shift in plant production
to other domestic affiliated locations during the relevant
period, due to company overcapacity and cost considerations.
The company reported no lost customer base and no declines
in company sales during the relevant period.
Conclusion
After careful review, I determine that all workers of Royal
Oak Enterprises, Inc., Paris, Arkansas are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 3rd day of November, 2000.
/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance