Petitioner Type: Union
Impact Date:
Filed Date: 07/30/2001
Most Recent Update: 11/26/2001
Determination Date: 11/26/2001
Expiration Date:
Employment and Training Administration
TA-W-39,724
L. E. SMITH GLASS COMPANY
MT. PLEASANT, PENNSYLVANIA
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 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 30, 2001 in response to a petition filed by Local 537 of the American Flint Glass Workers Union, on behalf of workers at L. E. Smith Glass Company, Mt. Pleasant, Pennsylvania. The workers are engaged in employment related to the production of handmade glassware and lighting shades.
The investigation reveals that criteria number (3) has not been met.
The investigation revealed sales, production and employment at the subject plant decreased from fiscal year ending June 2000 to fiscal year ending June 2001.
Company imports are insignificant and account for only a minor percentage of sales during the relevant period.
The Department conducted a survey of the major declining customers of L. E. Smith Glass Company, regarding their purchases of handmade glass giftware, tableware and lighting shades for 1999, 2000 and January through September 2000 and 2001. The customers reported no purchases from foreign firms.
Conclusion
After careful review of the facts obtained in the investigation, I determine that all workers of L. E. Smith Glass Company, Mt. Pleasant, Pennsylvania, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 26th day of November, 2001.
/s/ Linda G. Poole
___________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance