Petitioner Type: Union
Impact Date:
Filed Date: 05/19/2010
Most Recent Update: 06/17/2010
Determination Date: 06/17/2010
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,116
WASHINGTON DEPARTMENT OF TRANSPORTATION
OLYMPIC DIVISION
ABERDEEN MAINTENANCE OFFICE
CHEHALIS DRAWBRIDGE TENDERS
ABERDEEN, WASHINGTON
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated July 9, 2010, the Washington State
Labor Council, AFL-CIO, requested administrative reconsideration
of the negative determination regarding workers’ eligibility to
apply for Trade Adjustment Assistance (TAA) applicable to
workers and former workers of the subject public agency. The
determination was issued on June 17, 2010, and the Notice of
Determination was published in the Federal Register on July 1,
2010 (75 FR 38142).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative determination of the TAA petition filed on
behalf of workers at Washington Department of Transportation,
Olympic Division, Aberdeen Maintenance Office, Chehalis
Drawbridge Tenders, Aberdeen, Washington, was based on the
finding that the public agency (the Chehalis Drawbridge) that is
the subject of this case did not acquire services like or
directly competitive to drawbridge operation and maintenance
services from a foreign country.
In the request for reconsideration the petitioning union
official stated that the workers of the subject firm should be
eligible for TAA because the initial decision was based on a
misinterpretation of the new language for certification of
public entities. The petitioner alleged that the bridge tenders
lost their jobs due to the closure of several upstream
facilities (notably the Weyerhaeuser complex, for which there
are several current certifications), and those plant closures
lessened river traffic to the point that the bridge operated by
the workers laid off by the subject agency could go unattended.
The petitioner refers to the bridge and its tenders as a
secondary supplier which he believes should qualify for benefits
because of their relationship to the certified Weyerhaeuser
facilities upriver from the bridge.
The group eligibility requirements for workers of a Public
Agency can only be satisfied if the criteria as depicted in the
initial decision are met.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration,
the Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed in Washington, D.C., this 8th day of October, 2010
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,116
WASHINGTON DEPARTMENT OF TRANSPORTATION
OLYMPIC DIVISION
ABERDEEN MAINTENANCE OFFICE
CHEHALIS DRAWBRIDGE TENDERS
ABERDEEN, WASHINGTON
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a Public
Agency under Section 222(b) Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria met:
(1) a significant number or proportion of the workers in
the public agency have become totally or partially
separated, or are threatened to become totally or
partially separated;
(2) the public agency has acquired from a foreign country
services like or directly competitive with services
which are supplied by such agency; and
(3) the acquisition of services described in paragraph (2)
contributed importantly to such workers’ separation or
threat of separation.
The investigation was initiated in response to a petition
filed on May 19, 2010, by the Washington Federation of State
Employees on behalf of workers of Washington Department of
Transportation, Olympic Region, Aberdeen Maintenance Office,
Drawbridge Tenders, Aberdeen, Washington,. The workers provide
drawbridge operation and maintenance services.
The petitioner alleges that the worker separations at the
public agency are due to the decreased need for drawbridge
services as a result of the impact of foreign competition on
upstream saw mills that have been TAA-certified. The
investigation included analysis of data provided by the
Washington Department of Transportation.
The investigation revealed that Criterion (B)(2) has not
been met because the public agency did not acquire services like
or directly competitive to drawbridge operation and maintenance
services from a foreign country.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Washington Department
of Transportation, Olympic Region, Aberdeen Maintenance Office,
Drawbridge Tenders, Aberdeen, Washington, who provide drawbridge
operation and maintenance services are denied eligibility to
apply for adjustment assistance under Section 223 of the Act, 19
U.S.C. § 2273.
Signed in Washington, D.C., this 17th day of June, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-74,116
WASHINGTON DEPARTMENT OF TRANSPORTATION
OLYMPIC DIVISION
ABERDEEN MAINTENANCE OFFICE
CHEHALIS DRAWBRIDGE TENDERS
ABERDEEN, WASHINGTON
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated July 9, 2010, the Washington State
Labor Council, AFL-CIO, requested administrative reconsideration
of the negative determination regarding workers’ eligibility to
apply for Trade Adjustment Assistance (TAA) applicable to
workers and former workers of the subject public agency. The
determination was issued on June 17, 2010, and the Notice of
Determination was published in the Federal Register on July 1,
2010 (75 FR 38142).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative determination of the TAA petition filed on
behalf of workers at Washington Department of Transportation,
Olympic Division, Aberdeen Maintenance Office, Chehalis
Drawbridge Tenders, Aberdeen, Washington, was based on the
finding that the public agency (the Chehalis Drawbridge) that is
the subject of this case did not acquire services like or
directly competitive to drawbridge operation and maintenance
services from a foreign country.
In the request for reconsideration the petitioning union
official stated that the workers of the subject firm should be
eligible for TAA because the initial decision was based on a
misinterpretation of the new language for certification of
public entities. The petitioner alleged that the bridge tenders
lost their jobs due to the closure of several upstream
facilities (notably the Weyerhaeuser complex, for which there
are several current certifications), and those plant closures
lessened river traffic to the point that the bridge operated by
the workers laid off by the subject agency could go unattended.
The petitioner refers to the bridge and its tenders as a
secondary supplier which he believes should qualify for benefits
because of their relationship to the certified Weyerhaeuser
facilities upriver from the bridge.
The group eligibility requirements for workers of a Public
Agency can only be satisfied if the criteria as depicted in the
initial decision are met.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration,
the Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed in Washington, D.C., this 8th day of October, 2010
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,116
WASHINGTON DEPARTMENT OF TRANSPORTATION
OLYMPIC DIVISION
ABERDEEN MAINTENANCE OFFICE
CHEHALIS DRAWBRIDGE TENDERS
ABERDEEN, WASHINGTON
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a Public
Agency under Section 222(b) Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria met:
(1) a significant number or proportion of the workers in
the public agency have become totally or partially
separated, or are threatened to become totally or
partially separated;
(2) the public agency has acquired from a foreign country
services like or directly competitive with services
which are supplied by such agency; and
(3) the acquisition of services described in paragraph (2)
contributed importantly to such workers’ separation or
threat of separation.
The investigation was initiated in response to a petition
filed on May 19, 2010, by the Washington Federation of State
Employees on behalf of workers of Washington Department of
Transportation, Olympic Region, Aberdeen Maintenance Office,
Drawbridge Tenders, Aberdeen, Washington,. The workers provide
drawbridge operation and maintenance services.
The petitioner alleges that the worker separations at the
public agency are due to the decreased need for drawbridge
services as a result of the impact of foreign competition on
upstream saw mills that have been TAA-certified. The
investigation included analysis of data provided by the
Washington Department of Transportation.
The investigation revealed that Criterion (B)(2) has not
been met because the public agency did not acquire services like
or directly competitive to drawbridge operation and maintenance
services from a foreign country.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Washington Department
of Transportation, Olympic Region, Aberdeen Maintenance Office,
Drawbridge Tenders, Aberdeen, Washington, who provide drawbridge
operation and maintenance services are denied eligibility to
apply for adjustment assistance under Section 223 of the Act, 19
U.S.C. § 2273.
Signed in Washington, D.C., this 17th day of June, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
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