Petitioner Type: Union
Impact Date:
Filed Date: 05/21/2001
Most Recent Update: 08/13/2001
Determination Date: 08/13/2001
Expiration Date:
Employment and Training Administration
TA-W-39,296
P.E. TECHNOLOGIES, INC.
CLEVELAND, OHIO
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 21, 2001, in response
to a petition filed by the United Steelworkers on behalf of workers
at P.E. Technologies, Inc., Cleveland, Ohio. The workers both
produce and repair steel rolling mill machinery equipment, with
repair work constituting the majority of the subject firm's sales..
The investigation revealed that criterion (3) has not been
met.
Petitioners allege that increased imports of steel led to
worker separations at P.E. Technologies, Inc., Cleveland, Ohio.
However, increased imports of steel cannot be used as the basis for
certification of workers producing steel rolling mill machinery
equipment under the terms of the Trade Act of 1974. Imports of
steel rolling mill machinery equipment must be considered as the
basis for possible certification in this case.
The investigation revealed that the subject firm did not
import steel rolling mill machinery equipment.
A Department of Labor survey of major customers of P.E.
Technologies, Inc. revealed that respondents did not increase
imports of steel rolling mill machinery equipment while decreasing
purchases of new equipment from the subject firm. The majority of
purchases made by the surveyed customers from the subject firm were
for repair services, not for new manufactured goods.
Conclusion
After careful review, I determine that all workers of P.E.
Technologies, Inc., Cleveland, Ohio, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 13th day of August 2001.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance