Petitioner Type: Workers
Impact Date:
Filed Date: 10/22/2001
Most Recent Update: 12/26/2001
Determination Date: 12/26/2001
Expiration Date:
Employment and Training Administration
TA-W-40,239
W. G. BENJEY INCORPORATED
ALPENA, MICHIGAN
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 subdi-vision have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or appro-priate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated on October 12, 2001 in response to a petition filed on behalf of workers at W. G. Benjey Inc., Alpena, Michigan. The workers produced industrial machine parts.
The investigation revealed that criterion (3) has not been met.
The Department surveyed the major declining customers of W. G. Benjey Inc. regarding their purchases of industrial machine parts during 1999, 2000 and January-September 2001. The survey revealed that none of the respondents increased their purchases of imports while decreasing their purchases from the subject firm during the relevant period.
Conclusion
After careful review, I determine that all workers of W. G. Benjey Inc., Alpena, Michigan 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 December, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance