Petitioner Type: Union
Impact Date:
Filed Date: 09/24/2001
Most Recent Update: 12/05/2001
Determination Date: 12/05/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,069
WESTVACO CORPORATION
TYRONE, PENNSYLVANIA
Notice of Negative Determination
Regarding Application for Reconsideration
By application of January 22, 2001, the Paper Allied-
Industrial Chemical & Energy Workers International Union (PACE),
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on December 5,
2001 and published in the Federal Register on December 26, 2001
(66 FR 66428).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at Westvaco
Corporation, Tyrone, Pennsylvania engaged in the production of
C2S Web Offset paper and uncoated envelope paper, was denied
because the "contributed importantly" group eligibility
requirement of Section 222(3) of the Trade Act of 1974, as
amended, was not met. The "contributed importantly" test is
generally demonstrated through a survey of the workers' firm's
customers. The Department conducted a survey of the subject
company's major customers regarding their purchases of CS2 Web
Offset paper. The survey revealed that none of the customers
increased their import purchases of C2S web offset paper, while
reducing their purchases from the subject firm during the
relevant period. The subject firm did not import this type of
paper during the relevant period. The investigation further
revealed that the dominant factor leading to the closure of the
plant was related to a shift in plant production to two other
domestic facilities.
The petitioner alleges that the shift in plant production to
two other domestic affiliated locations was to ensure that the
production schedules were filled at the other facilities, since
there were openings in the production schedule at those locations
due to a lack of orders. The petitioner further alleges that a
lack of orders resulted from a flood of paper imported from
Brazil and South East Asia, resulting in the closure of the
subject plant.
As noted above, the Department of Labor normally examines if
the "contributed importantly" test is met through a survey of the
workers' firm's customers. A review of the survey results shows
that the customers did not increase their imports of C2S Web
Offset paper, while decreasing their purchases from the subject
firm during the relevant period. The survey further shows that
virtually all lost business was from other domestic sources and
therefore imports of C2S Web paper did not contribute importantly
to the layoffs at the subject plant. The customers purchasing
uncoated envelope paper were not surveyed since there were no
major declining customers of this product.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 22nd day of March, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,069
WESTVACO CORPORATION
TYRONE, 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 24, 2001 in
response to a petition filed by the PACE International Union, on
behalf of workers at Westvaco Corporation, Tyrone, Pennsylvania.
The workers are engaged in activity related to the production of
C2S Web Offset and uncoated paper. The workers are not
separately identifiable by product line.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject company did not
have import purchases of C2S Web Offset and uncoated paper during
the relevant time period.
The Department of Labor conducted a survey of the subject
company=s major declining customers regarding their purchases of
C2S Web Offset paper (customers of coated paper were not surveyed
as they did not represent the declining customer base). The
survey revealed no increased customer import purchases of C2S Web
Offset paper during the corresponding period of sale/production
and employment decline at the subject company.
The investigation further revealed that the preponderance of
the decline in employment at the subject plant is related to a
shift in production to two other domestic plants.
Conclusion
After careful review, I determine that all workers of
Westvaco Corporation, Tyrone, Pennsylvania are denied eligibility
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/ Linda G. Poole
________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,069
WESTVACO CORPORATION
TYRONE, PENNSYLVANIA
Notice of Negative Determination
Regarding Application for Reconsideration
By application of January 22, 2001, the Paper Allied-
Industrial Chemical & Energy Workers International Union (PACE),
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on December 5,
2001 and published in the Federal Register on December 26, 2001
(66 FR 66428).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at Westvaco
Corporation, Tyrone, Pennsylvania engaged in the production of
C2S Web Offset paper and uncoated envelope paper, was denied
because the "contributed importantly" group eligibility
requirement of Section 222(3) of the Trade Act of 1974, as
amended, was not met. The "contributed importantly" test is
generally demonstrated through a survey of the workers' firm's
customers. The Department conducted a survey of the subject
company's major customers regarding their purchases of CS2 Web
Offset paper. The survey revealed that none of the customers
increased their import purchases of C2S web offset paper, while
reducing their purchases from the subject firm during the
relevant period. The subject firm did not import this type of
paper during the relevant period. The investigation further
revealed that the dominant factor leading to the closure of the
plant was related to a shift in plant production to two other
domestic facilities.
The petitioner alleges that the shift in plant production to
two other domestic affiliated locations was to ensure that the
production schedules were filled at the other facilities, since
there were openings in the production schedule at those locations
due to a lack of orders. The petitioner further alleges that a
lack of orders resulted from a flood of paper imported from
Brazil and South East Asia, resulting in the closure of the
subject plant.
As noted above, the Department of Labor normally examines if
the "contributed importantly" test is met through a survey of the
workers' firm's customers. A review of the survey results shows
that the customers did not increase their imports of C2S Web
Offset paper, while decreasing their purchases from the subject
firm during the relevant period. The survey further shows that
virtually all lost business was from other domestic sources and
therefore imports of C2S Web paper did not contribute importantly
to the layoffs at the subject plant. The customers purchasing
uncoated envelope paper were not surveyed since there were no
major declining customers of this product.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 22nd day of March, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,069
WESTVACO CORPORATION
TYRONE, 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 24, 2001 in
response to a petition filed by the PACE International Union, on
behalf of workers at Westvaco Corporation, Tyrone, Pennsylvania.
The workers are engaged in activity related to the production of
C2S Web Offset and uncoated paper. The workers are not
separately identifiable by product line.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject company did not
have import purchases of C2S Web Offset and uncoated paper during
the relevant time period.
The Department of Labor conducted a survey of the subject
company=s major declining customers regarding their purchases of
C2S Web Offset paper (customers of coated paper were not surveyed
as they did not represent the declining customer base). The
survey revealed no increased customer import purchases of C2S Web
Offset paper during the corresponding period of sale/production
and employment decline at the subject company.
The investigation further revealed that the preponderance of
the decline in employment at the subject plant is related to a
shift in production to two other domestic plants.
Conclusion
After careful review, I determine that all workers of
Westvaco Corporation, Tyrone, Pennsylvania are denied eligibility
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/ Linda G. Poole
________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance