Petitioner Type: Union
Impact Date: 09/20/2000
Filed Date: 05/07/2001
Most Recent Update: 11/09/2001
Determination Date: 11/09/2001
Expiration Date: 02/20/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,205
GLASS WORKS WV, L.L.C.
WESTON, WEST VIRGINIA
Notice of Revised Determination
on Reconsideration
By application of December 14, 2001, the United Steel
Workers of America, Local 162 S requested administrative
reconsideration regarding the Department=s Negative Determination
Regarding Eligibility to Apply for Worker Adjustment Assistance,
applicable to the workers of the subject firm.
The initial investigation resulted in a negative
determination, based on the finding that imports of mouth-blown
glass tableware did not contribute importantly to worker
separations at the subject plant. The denial notice was signed
on November 9, 2001 and published in the Federal Register on
November 30, 2001 (66 FR 59817).
The applicant on reconsideration provided additional
information including an indication that the company was approved
eligible for assistance under the U.S. Department of Commerce,
Trade Adjustment Assistance for firms program.
An examination of additional documentation furnished by the
U.S. Department of Commerce shows that customers increased their
import purchases of glass tableware, while decreasing their
purchases from the subject plant during the relevant period.
Therefore, criterion (3) of the worker group eligibility
requirements of Section 222 of the Trade Act of 1974, as amended,
is met.
Conclusion
After careful consideration of the new facts obtained on
reconsideration, it is concluded that increased imports of mouth-
blown glass tableware, contributed importantly to the decline in
production and to the total or partial separation of workers at
Glass Works WV, LLC, Weston, West Virginia. In accordance with
the provisions of the Act, I make the following revised
determination:
"Workers of Glass Works WV, L.L.C., Weston, West Virginia,
who became totally or partially separated from employment on
or after September 20, 2000 through two years from the date
of this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 20th day of February 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,205
GLASS WORKS WV, L.L.C.
WESTON, 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 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 May 7, 2001, in response to
a petition filed by the United Steelworkers of America, Local 162-
5, on behalf of workers at Glass Works WV, L.L.C., Weston, West
Virginia. The workers produced mouth-blown glass tableware.
The investigation revealed that criterion (3) has not been
met.
The Department conducted a survey of the major declining
customer of the subject firm regarding its purchases of mouth-blown
glass during 1999, 2000, and January through September 2000 and
2001. The survey revealed that the customer had decreased
purchases of mouth-blown glass from the subject firm, other
domestic sources as well as from foreign sources.
Conclusion
After careful review, I determine that all workers of Glass
Works WV, L.L.C., Weston, West Virginia, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 9th day of November 2001.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,205
GLASS WORKS WV, L.L.C.
WESTON, WEST VIRGINIA
Notice of Revised Determination
on Reconsideration
By application of December 14, 2001, the United Steel
Workers of America, Local 162 S requested administrative
reconsideration regarding the Department=s Negative Determination
Regarding Eligibility to Apply for Worker Adjustment Assistance,
applicable to the workers of the subject firm.
The initial investigation resulted in a negative
determination, based on the finding that imports of mouth-blown
glass tableware did not contribute importantly to worker
separations at the subject plant. The denial notice was signed
on November 9, 2001 and published in the Federal Register on
November 30, 2001 (66 FR 59817).
The applicant on reconsideration provided additional
information including an indication that the company was approved
eligible for assistance under the U.S. Department of Commerce,
Trade Adjustment Assistance for firms program.
An examination of additional documentation furnished by the
U.S. Department of Commerce shows that customers increased their
import purchases of glass tableware, while decreasing their
purchases from the subject plant during the relevant period.
Therefore, criterion (3) of the worker group eligibility
requirements of Section 222 of the Trade Act of 1974, as amended,
is met.
Conclusion
After careful consideration of the new facts obtained on
reconsideration, it is concluded that increased imports of mouth-
blown glass tableware, contributed importantly to the decline in
production and to the total or partial separation of workers at
Glass Works WV, LLC, Weston, West Virginia. In accordance with
the provisions of the Act, I make the following revised
determination:
"Workers of Glass Works WV, L.L.C., Weston, West Virginia,
who became totally or partially separated from employment on
or after September 20, 2000 through two years from the date
of this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 20th day of February 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,205
GLASS WORKS WV, L.L.C.
WESTON, 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 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 May 7, 2001, in response to
a petition filed by the United Steelworkers of America, Local 162-
5, on behalf of workers at Glass Works WV, L.L.C., Weston, West
Virginia. The workers produced mouth-blown glass tableware.
The investigation revealed that criterion (3) has not been
met.
The Department conducted a survey of the major declining
customer of the subject firm regarding its purchases of mouth-blown
glass during 1999, 2000, and January through September 2000 and
2001. The survey revealed that the customer had decreased
purchases of mouth-blown glass from the subject firm, other
domestic sources as well as from foreign sources.
Conclusion
After careful review, I determine that all workers of Glass
Works WV, L.L.C., Weston, West Virginia, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 9th day of November 2001.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance