Petitioner Type: Workers
Impact Date: 10/02/2001
Filed Date: 10/21/2002
Most Recent Update: 11/18/2002
Determination Date: 11/18/2002
Expiration Date: 11/18/2004
Employment and Training Administration
TA-W-42,275
THE ESAB GROUP
NIAGARA FALLS, NEW YORK
Certification 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. It is determined in this case that all of the
requirements have been met.
The investigation was initiated in response to a petition
received on October 21, 2002, and filed by the Paper, Allied-
Industrial, Chemical and Energy Workers International Union on
behalf of workers at The ESAB Group, Niagara Falls, New York. The
workers produced bonded flux.
The investigation revealed that production and employment
declined from January to June 2002, when compared to the same
period in 2001.
The subject facility ceased production in May 2002.
The investigation further revealed that company imports of
bonded flux increased absolutely during the relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with bonded flux produced by The ESAB
Group, Niagara Falls, New York, contributed importantly to the
decline in sales or production and to the total or partial
separation of workers of that firm. In accordance with the
provisions of the Act, I make the following certification:
"All workers of The ESAB Group, Niagara Falls, New York, who
became totally or partially separated from employment on or
after October 2, 2001, through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
Signed at Washington, D.C., this 18th day of November, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance