Petitioner Type: Workers
Impact Date:
Filed Date: 04/22/2002
Most Recent Update: 05/28/2002
Determination Date: 05/28/2002
Expiration Date:
Employment and Training Administration
TA-W-41,361
VESUVIUS USA
SOUTH WEBSTER, OHIO
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 April 22, 2002 in
response to a petition filed by the United Steelworkers of
America, Local 2324-01, on behalf of workers at Vesuvius USA,
South Webster, Ohio.
Workers are engaged in employment related to the production
of alumino silicate refractories.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the predominant cause of
worker separations at the subject company was the domestic shift
of production of alumino silicate refractories from the subject
facility to other affiliated facilities located domestically.
Conclusion
After careful review, I determine that all workers of
Vesuvius USA, South Webster, Ohio, engaged in the production of
alumino silicate refractories, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 28th day of May 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance