Petitioner Type: Workers
Impact Date:
Filed Date: 10/15/2002
Most Recent Update: 10/28/2002
Determination Date: 10/28/2002
Expiration Date:
Employment and Training Administration
TA-W-42,237
PENN AMERICAN COAL
A WHOLLY OWNED SUBSIDIARY OF MILL CREEK MINING, INC.
A WHOLLY OWNED SUBSIDIARY OF COAL RESOURCES, INC.
BLACK LICK, PENNSYLVANIA
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 October 15, 2002 in
response to a petition filed on behalf of workers at Penn American
Coal, a wholly owned subsidiary of Mill Creek Mining, Inc., a
wholly owned subsidiary of Coal Resources, Inc., Black Lick,
Pennsylvania. The workers mined coal and coal related products.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
import coal or coal related products from 2000 through September
2002.
Furthermore, a Department of Labor survey of the subject
firm's customers revealed no imports of coal or coal related
products during the period under investigation.
Conclusion
After careful review, I determine that all workers at Penn
American Coal, a wholly owned subsidiary of Mill Creek Mining,
Inc., a wholly owned subsidiary of Coal Resources, Inc., Black
Lick, Pennsylvania, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 28th day of October, 2002.
/s/Linda G. Poole_____________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance