Petitioner Type: Workers
Impact Date:
Filed Date: 08/12/2002
Most Recent Update: 10/02/2002
Determination Date: 10/02/2002
Expiration Date:
Employment and Training Administration
TA-W-41,936
FISHKING PROCESSORS, INC.
LOS ANGELES, CALIFORNIA
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 separat-
ed;
(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 August 12, 2002 in
response to a petition filed by workers on behalf of all workers
at Fishking Processors, Inc., Los Angeles, California. The
workers are engaged in employment related to the processing of
fish and sea food products.
The investigation revealed that criteria (3) was not met.
The preponderance in the declines in employment at the Los
Angeles, California plant are attributed to seasonality and the
disaster of September 11, 2001 which impacted the subject firm
due to a slowdown in the Las Vegas tourist market which was
served by the company.
The investigation further revealed that the company did not
import products like or directly competitive with what the
subject plant produced during the relevant period.
Conclusion
After careful review, I determine that all workers of
Fishking Processors, Inc., Los Angeles, California are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D.C. this 2nd day of October, 2002.
/s/Elliott S. Kushner______
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance