Petitioner Type: Company
Impact Date: 05/18/2000
Filed Date: 06/04/2001
Most Recent Update: 06/08/2001
Determination Date: 06/08/2001
Expiration Date: 11/05/2003
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,383
TRIDELTA INDUSTRIES, INC.
MENTOR, OHIO
Notice of Revised Determination
on Reconsideration
By letter of July 19, 2001, the company 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 issued on June 8, 2001, based on the finding that imports of pneumatic controls did not contribute importantly to worker separations at the Mentor plant. The denial notice was published in the Federal Register on June 27, 2001 (66 FR 34254).
To support the request for reconsideration, the company official provided additional information, which was not provided during the initial investigation. The official indicated that the company that acquired the subject plant began importing pneumatic controls shortly before the investigation was instituted and continued to increase their imports of pneumatic controls to compensate for the pneumatic controls once produced at the subject plant.
Conclusion
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at Tridelta Industries, Inc., Mentor, Ohio, contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification:
"All workers of Tridelta Idustries, Inc., Mentor, Ohio, who became totally or partially separated from employment on or after May 18, 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 5th day of November 2001.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,383
TRIDELTA INDUSTRIES, INC.
MENTOR, 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 June 4, 2001, in response to a petition filed by the company on behalf of workers at Tridelta Industries, Inc., Mentor, Ohio. The workers were engaged in activities related to the production of pneumatic controls.
The investigation revealed that criterion (3) has not been met.
The subject firm workers were certified for NAFTA-Transitional Adjustment Assistance (NAFTA-4820) on May 7,2001. That certification was based on a shift in production to Mexico.
The investigation revealed that the preponderance in the declines in employment is the direct result of the plant being acquired by another company. The acquiring company has been gradually shifting subject plant production to Mexico. However, the Mexican plant has not yet imported the pneumatic controls back to the United States.
The investigation further revealed that the subject company did not import pneumatic controls during the relevant period. Conclusion
After careful review, I determine that all workers of Tridelta Industries, Inc., Mentor, Ohio, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of June 2001.
/s/ Edward A. Tomchick
_____________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,383
TRIDELTA INDUSTRIES, INC.
MENTOR, OHIO
Notice of Revised Determination
on Reconsideration
By letter of July 19, 2001, the company 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 issued on June 8, 2001, based on the finding that imports of pneumatic controls did not contribute importantly to worker separations at the Mentor plant. The denial notice was published in the Federal Register on June 27, 2001 (66 FR 34254).
To support the request for reconsideration, the company official provided additional information, which was not provided during the initial investigation. The official indicated that the company that acquired the subject plant began importing pneumatic controls shortly before the investigation was instituted and continued to increase their imports of pneumatic controls to compensate for the pneumatic controls once produced at the subject plant.
Conclusion
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at Tridelta Industries, Inc., Mentor, Ohio, contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification:
"All workers of Tridelta Idustries, Inc., Mentor, Ohio, who became totally or partially separated from employment on or after May 18, 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 5th day of November 2001.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,383
TRIDELTA INDUSTRIES, INC.
MENTOR, 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 June 4, 2001, in response to a petition filed by the company on behalf of workers at Tridelta Industries, Inc., Mentor, Ohio. The workers were engaged in activities related to the production of pneumatic controls.
The investigation revealed that criterion (3) has not been met.
The subject firm workers were certified for NAFTA-Transitional Adjustment Assistance (NAFTA-4820) on May 7,2001. That certification was based on a shift in production to Mexico.
The investigation revealed that the preponderance in the declines in employment is the direct result of the plant being acquired by another company. The acquiring company has been gradually shifting subject plant production to Mexico. However, the Mexican plant has not yet imported the pneumatic controls back to the United States.
The investigation further revealed that the subject company did not import pneumatic controls during the relevant period. Conclusion
After careful review, I determine that all workers of Tridelta Industries, Inc., Mentor, Ohio, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of June 2001.
/s/ Edward A. Tomchick
_____________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance