Petitioner Type: Union
Impact Date:
Filed Date: 09/17/2001
Most Recent Update: 06/06/2002
Determination Date: 06/06/2002
Expiration Date:
Employment and Training Administration
TA-W-40,040
UNITED METAL FABRICATORS, INC.
JOHNSTOWN, 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 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 September 17, 2001 in
response to a petition filed by the United Mine Workers of
America, Local 1957, on behalf of workers at United Metal
Fabricators, Inc., Johnstown, Pennsylvania. The workers are
engaged in employment related to the production of metal medical
furniture.
The investigation revealed that criterion (3) has not been
met.
Metal medical furniture is not being imported either by the
subject firm or by its major customers.
A survey was conducted of the subject firms' major
customers regarding their purchases of metal medical furniture.
The survey revealed no increased purchases of metal medical
furniture from foreign sources or from other domestic sources
that had the product wholly manufactured in a foreign country.
Conclusion
After careful review, I determine that all workers of
United Metal Fabricators, Inc., Johnstown, Pennsylvania, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 6th day of June, 2002
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance