Petitioner Type: Workers
Impact Date:
Filed Date: 08/26/2002
Most Recent Update: 11/07/2002
Determination Date: 11/07/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,013
BAKER ENTERPRISES, INC.
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 eli-
gibility 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 sub-
division have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or ap-
propriate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated in response to a petition
received on August 26, 2002, filed on behalf of workers at Baker
Enterprises, Inc., Alpena, Michigan. The workers produced job shop
steel fabrications (including components for concrete block
plants).
The investigation revealed that criterion (3) has not been
met.
The subject firm did not import job shop steel fabrications
(including components for concrete block plants).
The U.S. Department of Labor conducted a survey of the subject
firms major declining customers regarding their purchases of steel
fabrications or job shop steel fabrications (including components
for concrete block plants) during 2000, 2001 and January through
August 2002 over the corresponding 2001 period. The survey
revealed that the major declining customers of the subject firm did
not import steel fabrications during the relevant period.
A petition for NAFTA-Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA-6463).
A determination on that petition will be made concurrently with
this determination.
Conclusion
After careful review, I determine that all workers of Baker
Enterprises, 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 7th day of November 2002.
/s/ Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-42,013
BAKER ENTERPRISES, INC.
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 eli-
gibility 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 sub-
division have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or ap-
propriate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated in response to a petition
received on August 26, 2002, filed on behalf of workers at Baker
Enterprises, Inc., Alpena, Michigan. The workers produced job shop
steel fabrications (including components for concrete block
plants).
The investigation revealed that criterion (3) has not been
met.
The subject firm did not import job shop steel fabrications
(including components for concrete block plants).
The U.S. Department of Labor conducted a survey of the subject
firms major declining customers regarding their purchases of steel
fabrications or job shop steel fabrications (including components
for concrete block plants) during 2000, 2001 and January through
August 2002 over the corresponding 2001 period. The survey
revealed that the major declining customers of the subject firm did
not import steel fabrications during the relevant period.
A petition for NAFTA-Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA-6463).
A determination on that petition will be made concurrently with
this determination.
Conclusion
After careful review, I determine that all workers of Baker
Enterprises, 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 7th day of November 2002.
/s/ Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance