Petitioner Type: Workers
Impact Date: 09/16/2003
Filed Date: 09/21/2004
Most Recent Update: 10/05/2004
Determination Date: 10/05/2004
Expiration Date: 10/05/2006
Employment and Training Administration
TA-W-55,640
OWENS CORNING
OEM SOLUTIONS GROUP DIVISION
INCLUDING LEASED WORKERS OF
PROCURE PERSONNEL, INC. AND SPHERION
WEST HAZLETON, PENNSYLVANIA
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance and a
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance on October 5, 2004,
applicable to workers of Owens Corning, OEM Solutions Group
Division, including leased workers of Procure Personnel, Inc.,
West Hazleton, Pennsylvania. The notice will be published soon
in the Federal Register.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that leased workers of Spherion were employed
at Owens Corning, OEM Solutions Group Division at the West
Hazleton, Pennsylvania location of the subject firm.
Based on these findings, the Department is amending this
certification to include leased workers of Spherion working at
Owens Corning, OEM Solutions Group Division, West Hazleton,
Pennsylvania.
The intent of the Department's certification is to include
all workers employed at Owens Corning, OEM Solutions Group
Division, who were adversely affected by a shift in production to
Canada.
The amended notice applicable to TA-W-55,640 is hereby
issued as follows:
"All workers of Owens Corning, OEM Solutions Group
Division, including leased workers of Procure
Personnel, Inc., and Spherion, West Hazleton,
Pennsylvania, who became totally or partially separated
from employment on or after September 16, 2003, through
October 5, 2006, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.”
I further determine that all workers of Owens Corning,
OEM Solutions Group Division, including leased workers
of Procure Personnel, Inc. and Spherion, West Hazleton,
Pennsylvania are denied eligibility to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974, as amended.
Signed at Washington, D.C. this 13th day of October 2004.
/s/ Richard Church
________________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,640
OWENS CORNING
OEM SOLUTIONS GROUP DIVISION
INCLUDING LEASED WORKERS OF PROCURE PERSONNEL, INC.
WEST HAZLETON, PENNSYLVANIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), 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 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)(B) of
Section 222 have been met.
The investigation was initiated on September 21, 2004 in
response to a petition filed on behalf of workers of Owens Corning,
OEM Solutions Group Division, West Hazleton, Pennsylvania. The
workers produce thermal and acoustical products for appliances,
commercial interiors, and transportation markets.
The subject firm also leased some workers from Procure
Personnel, Inc.
Although employment at the West Hazleton plant has not
declined during the relevant period, it is expected to decline with
an anticipated shift in production on December 1, 2004 to a country
(Canada) that is a party to a free trade agreement with the United
States
In addition, 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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that criterion 2 has not been
met. The investigation revealed that the workers at the subject
firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers’ firm or subdivision to Canada of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Owens Corning, OEM Solutions Group Division,
including leased workers of Procure Personnel, Inc., West
Hazleton, Pennsylvania, who became totally or partially
separated from employment on or after September 16, 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.”
I further determine that all workers of Owens Corning, OEM
Solutions Group Division, including leased workers of Procure
Personnel, Inc., West Hazleton, Pennsylvania, are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended.
Signed in Washington, D.C., this 5th day of October 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance