Petitioner Type: Union
Impact Date:
Filed Date: 06/04/2001
Most Recent Update: 09/28/2001
Determination Date: 09/28/2001
Expiration Date:
Employment and Training Administration
TA-W-39,394
PITTSBURGH GEAR WORKS, INC.
PITTSBURGH, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply for Trade 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 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 on June 4, 2001, in response to a petition filed by the United Steelworkers of America, Local 5032, on behalf of workers at Pittsburgh Gear Works, Inc., Pittsburgh, Pennsylvania. The firm is a subsidiary of Brad Foote Gear Works. The workers produce gears and related moving parts.
The investigation revealed that criterion (3) has not been met.
Petitioners allege that increased imports of steel led to worker separations at Pittsburgh Gear Works. Increased imports of steel cannot be used as the basis for certification of workers producing capital equipment for the steel industry. Imports of capital equipment like that produced at the subject plant must be considered as the basis for possible certification in this case.
The parent company, Brad Foote Gear Works, is transferring some production at the subject plant in Pittsburgh to another domestic facility.
The Department of Labor surveyed major customers of Pittsburgh Gear Works regarding their purchases of gears and related moving parts for the years 1999-2000 and January to August, 2000-2001. Results of the survey indicate that respondents did not import products like or directly competitive to those purchased from the subject firm
Conclusion
After careful review, I determine that all workers of Pittsburgh Gear Works, Inc., Pittsburgh, Pennsylvania, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 28th day of September, 2001
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance