Petitioner Type: Union
Impact Date: 03/29/2000
Filed Date: 07/09/2001
Most Recent Update: 09/21/2001
Determination Date: 09/21/2001
Expiration Date: 02/28/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,574
SGL CARBON GROUP
MORGANTON, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By letter of November 5, 2001, the International Chemical
Workers Union, AFL-CIO, Local 427, 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 September 21, 2001, based on the finding
that imports of graphite electrodes and specialty graphite
products did not contribute importantly to worker separations at
the subject plant. The denial notice was published in the
Federal Register on October 11, 2001 (66 FR 51973).
To support the request for reconsideration, the
International Chemical Workers Union, AFL-CIO, Local 427 provided
additional information indicating that a sister plant (SGL Carbon
Corporation, Carbon and Graphite Unit, Niagara Falls, New York)
was certified for TAA. The applicant further stated that the
subject plant produced the same products, shared the same
customers and conducted interplant shipments with the sister
facility.
A review of the allegation and information provided by the
company shows that a meaningful portion of subject plant
production was in direct support of the SGL Carbon Corporation,
Carbon and Graphite Unit, Niagara Falls, New York plant. That
facility was certified (TA-W-39,053) on August 31, 2001.
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 SGL Carbon
Group, Morganton, North Carolina, 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 SGL Carbon Group, Morganton, North Carolina,
who became totally or partially separated from employment on
or after March 29, 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 28th 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-39,574
SGL CARBON GROUP
MORGANTON, NORTH CAROLINA
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
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 July 9, 2001 in response to
a petition filed by the International Chemical Workers Union
Council, Local 427C on behalf of workers at SGL Carbon Group in
Morganton, North Carolina. The workers produced graphite
electrodes and specialty graphite products.
The investigation revealed that criterion (3) has not been
met.
SGL Carbon did not import graphite electrodes or specialty
graphite products during the relevant period.
The petition alleges that imports of steel contributed
importantly to separations at SGL Carbon Group; however, only
imports of products like or directly competitive with those
produced at the subject firm can be considered under the Trade Act
of 1974 criteria.
The investigation further revealed that major customers of SGL
Carbon are currently going out of business and have not increased
imports of graphite electrodes or specialty graphite products in
the relevant period.
Conclusion
After careful review, I determine that all workers of SGL
Carbon Group in Morganton, North Carolina, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 21st day of September, 2001
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,574
SGL CARBON GROUP
MORGANTON, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By letter of November 5, 2001, the International Chemical
Workers Union, AFL-CIO, Local 427, 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 September 21, 2001, based on the finding
that imports of graphite electrodes and specialty graphite
products did not contribute importantly to worker separations at
the subject plant. The denial notice was published in the
Federal Register on October 11, 2001 (66 FR 51973).
To support the request for reconsideration, the
International Chemical Workers Union, AFL-CIO, Local 427 provided
additional information indicating that a sister plant (SGL Carbon
Corporation, Carbon and Graphite Unit, Niagara Falls, New York)
was certified for TAA. The applicant further stated that the
subject plant produced the same products, shared the same
customers and conducted interplant shipments with the sister
facility.
A review of the allegation and information provided by the
company shows that a meaningful portion of subject plant
production was in direct support of the SGL Carbon Corporation,
Carbon and Graphite Unit, Niagara Falls, New York plant. That
facility was certified (TA-W-39,053) on August 31, 2001.
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 SGL Carbon
Group, Morganton, North Carolina, 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 SGL Carbon Group, Morganton, North Carolina,
who became totally or partially separated from employment on
or after March 29, 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 28th 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-39,574
SGL CARBON GROUP
MORGANTON, NORTH CAROLINA
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
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 July 9, 2001 in response to
a petition filed by the International Chemical Workers Union
Council, Local 427C on behalf of workers at SGL Carbon Group in
Morganton, North Carolina. The workers produced graphite
electrodes and specialty graphite products.
The investigation revealed that criterion (3) has not been
met.
SGL Carbon did not import graphite electrodes or specialty
graphite products during the relevant period.
The petition alleges that imports of steel contributed
importantly to separations at SGL Carbon Group; however, only
imports of products like or directly competitive with those
produced at the subject firm can be considered under the Trade Act
of 1974 criteria.
The investigation further revealed that major customers of SGL
Carbon are currently going out of business and have not increased
imports of graphite electrodes or specialty graphite products in
the relevant period.
Conclusion
After careful review, I determine that all workers of SGL
Carbon Group in Morganton, North Carolina, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 21st day of September, 2001
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance