Petitioner Type: Workers
Impact Date:
Filed Date: 02/12/2001
Most Recent Update: 03/12/2001
Determination Date: 03/12/2001
Expiration Date:
Employment and Training Administration
TA-W-38,680
JOHNS MANVILLE CORPORATION
VIENNA, WEST VIRGINIA
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 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 February 12, 2001 in
response to a petition filed on behalf of workers at Johns
Manville Corporation, Vienna, West Virginia. The workers
produced air filtration systems or glass filtration media used
primarily in hospitals.
The investigation revealed that criterion (3) has not been
met.
The company did not import air filtration systems during the
period under investigation.
The investigation further revealed that the overwhelming
majority of the subject firm's air filtration systems production
was exported. Worker layoffs at the subject facility are
primarily attributed to the loss of export sales. Exports of air
filtration systems produced by the subject facility cannot be
used as the basis for certification under the Trade Act of 1974.
In this case, increased imports of air filtration systems would
be the only basis for certification; in this case, there is no
evidence that increased imports of air filtration systems have
adversely affected the employment at the subject facility.
Conclusion
After careful review, I determine that all workers of Johns
Manville Corporation, Vienna, West Virginia are denied eligi-
bility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D. C. this 12th day of March, 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance