Petitioner Type: Workers
Impact Date:
Filed Date: 04/16/2001
Most Recent Update: 01/15/2002
Determination Date: 01/15/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,056
PEERLESS PATTERN WORKS
PORTLAND, OREGON
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 eligibility 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 sub-division have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or ap-propriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated on April 16, 2001, in response to a petition filed on behalf of workers at Peerless Pattern Works, Portland, Oregon. The workers produced patterns, molds and tooling for making aluminum castings.
The investigation revealed that criterion (3) has not been met.
The subject does not import patterns, molds and tooling for making aluminum castings.
The petitioners stated that the declines of employment at the subject firm resulted from the fact that its major customer has begun sourcing of aluminum castings outside of this country. The preponderance in the declines in employment at the subject plant may be related to the importation of aluminum castings made from articles like or competitive with those produced by the subject firm. However, increased imports of finished articles cannot be used as the basis for certification of workers producing an article used in the finished articles. Imports of patterns, molds and tooling and not of aluminum castings must be considered as the basis for possible certification in this case.
A petition for NAFTA Transitional Adjustment Assistance has been filed on behalf of workers at the subject firm (NAFTA 4732). A determination on that petition will be made concurrently with this determination.
Conclusion
After careful review, I determine that all workers of Peerless Pattern Works, Portland, Oregon, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 15th day of January 2002.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,056
PEERLESS PATTERN WORKS
PORTLAND, OREGON
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 eligibility 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 sub-division have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or ap-propriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated on April 16, 2001, in response to a petition filed on behalf of workers at Peerless Pattern Works, Portland, Oregon. The workers produced patterns, molds and tooling for making aluminum castings.
The investigation revealed that criterion (3) has not been met.
The subject does not import patterns, molds and tooling for making aluminum castings.
The petitioners stated that the declines of employment at the subject firm resulted from the fact that its major customer has begun sourcing of aluminum castings outside of this country. The preponderance in the declines in employment at the subject plant may be related to the importation of aluminum castings made from articles like or competitive with those produced by the subject firm. However, increased imports of finished articles cannot be used as the basis for certification of workers producing an article used in the finished articles. Imports of patterns, molds and tooling and not of aluminum castings must be considered as the basis for possible certification in this case.
A petition for NAFTA Transitional Adjustment Assistance has been filed on behalf of workers at the subject firm (NAFTA 4732). A determination on that petition will be made concurrently with this determination.
Conclusion
After careful review, I determine that all workers of Peerless Pattern Works, Portland, Oregon, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 15th day of January 2002.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance