Petitioner Type: Workers
Impact Date:
Filed Date: 09/09/2002
Most Recent Update: 10/23/2002
Determination Date: 10/23/2002
Expiration Date:
Employment and Training Administration
TA-W-42,103
KODAK POLYCHROME GRAPHICS LLC
HOLYOKE, MASSACHUSETTS
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 9, 2002, in
response to a petition filed on behalf of workers at Kodak
Polychrome Graphics, LLC, Holyoke, Massachusetts. The "Holyoke"
facility consist of two locations: 383 Dwight Street and 75
Whiting Farms Road. Workers at the subject firm are engaged in
employment related to the production of lithographic printing
plates.
The investigation revealed that criterion (3) has not been
met.
The preponderance in the declines in employment at the
subject firm is the result of a shift in subject plant production
to affiliated domestic sources.
The investigation also revealed that there was no declining
customer base during the relevant period. Production at the
Whiting Farm Road increased up to the time of the shift in
production to other domestic locations.
The investigation further revealed that production at the
Dwight Street location ceased prior to the relevant period of the
investigation.
Conclusion
After careful review, I determine that all workers at Kodak
Polychrome Graphics LLC, Holyoke, Massachusetts are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D.C. this 23rd day of October 2002.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance