Petitioner Type: Workers
Impact Date: 09/13/2003
Filed Date: 09/14/2004
Most Recent Update: 10/25/2004
Determination Date: 10/25/2004
Expiration Date: 10/25/2006
Employment and Training Administration
TA-W-55,603
UNITED STATES CAN COMPANY
CUSTOM AND SPECIALTY DIVISION
INCLUDING LEASED WORKERS FROM RYAN STAFFING SERVICES,
LABOR READY STAFFING SERVICES, CALLOS PERSONNEL AND
MANPOWER STAFFING SERVICES
NEW CASTLE, PENNSYLVANIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its 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 Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on September 14, 2004, in
response to a petition filed on behalf of workers of United States
Can Company, Custom and Specialty Division, New Castle,
Pennsylvania. The workers coated and printed metal for custom
decorated containers (cans).
The subject firm also leased workers from Ryan Staffing
Services, Labor Ready Staffing Services, Callos Personnel and
Manpower Staffing Services.
Employment at the subject firm decreased over the course of
the past year. Production decreased during the period of January
through September of 2004 when compared to the same time period of
the previous year.
The investigation revealed that the coated and printed metal
produced at the plant were vertically integrated into the can
production at a sister facility - United States Can Company in
Elgin, Illinois.
Furthermore, customers of United States Can Company in Elgin,
Illinois, increased their import purchases of metal cans from 2002
to 2003, and during January through September of 2004.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for alternative trade adjustment assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with decorative metal cans produced by
United States Can Company contributed importantly to the total or
partial separation of workers and to the decline in sales or
production and at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of United States Can Company, Custom and
Specialty Division, including leased workers from Ryan
Staffing Services, Labor Ready Staffing Services, Callos
Personnel and Manpower Staffing Services, New Castle,
Pennsylvania, who became totally or partially separated from
employment on or after September 13, 2003 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D. C. this 25th day of October 2004.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance