Petitioner Type: Union
Impact Date:
Filed Date: 04/09/2001
Most Recent Update: 10/17/2001
Determination Date: 10/17/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,980
ORION BUS INDUSTRIES, INC.
ORISKANY, NEW YORK
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 April 9, 2001, filed by the United Auto Workers Local 2243 at Orion Bus Industries, Inc., Oriskany, New York. The workers are engaged in the production of heavy duty mass transit buses.
A petition for NAFTA-Transitional Adjustment Assistance has been filed on behalf of workers at the subject firm (NAFTA - 4709). A decision on that petition will be made concurrently with this determination.
This investigation revealed that production and employment at the subject firm declined in 2000 compared with 1999, and continued to decline in the first-quarter of 2001. The investi-gation also revealed that Orion Bus Industries, Inc., Oriskany, New York, did not import articles that were like or directly com-petitive with the articles produced at the subject plant.
The U.S. Department of Labor conducted a survey of major customers of Orion Bus Industries, Inc., regarding their pur-chases of mass transit buses in 1999, 2000, and the first-quarter of 2001. None of the respondents reported any imports of such buses during the relevant period.
Conclusion
After careful review, I determine that all workers of Orion Bus Industries, Inc., Oriskany, New York are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 17th day of October, 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-38,980
ORION BUS INDUSTRIES, INC.
ORISKANY, NEW YORK
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 April 9, 2001, filed by the United Auto Workers Local 2243 at Orion Bus Industries, Inc., Oriskany, New York. The workers are engaged in the production of heavy duty mass transit buses.
A petition for NAFTA-Transitional Adjustment Assistance has been filed on behalf of workers at the subject firm (NAFTA - 4709). A decision on that petition will be made concurrently with this determination.
This investigation revealed that production and employment at the subject firm declined in 2000 compared with 1999, and continued to decline in the first-quarter of 2001. The investi-gation also revealed that Orion Bus Industries, Inc., Oriskany, New York, did not import articles that were like or directly com-petitive with the articles produced at the subject plant.
The U.S. Department of Labor conducted a survey of major customers of Orion Bus Industries, Inc., regarding their pur-chases of mass transit buses in 1999, 2000, and the first-quarter of 2001. None of the respondents reported any imports of such buses during the relevant period.
Conclusion
After careful review, I determine that all workers of Orion Bus Industries, Inc., Oriskany, New York are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 17th day of October, 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance