Petitioner Type: Union
Impact Date:
Filed Date: 11/06/2002
Most Recent Update: 12/23/2002
Determination Date: 12/23/2002
Expiration Date:
Employment and Training Administration
TA-W-50,013
GEORGIA-PACIFIC CORPORATION
OSB PLANT
BAILEYVILLE, MAINE
Negative Determination Regarding Eligibility
To Apply for Worker 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. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm firm, have become totally or partially
separated, or are threatened to become totally or
partially separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on November 6, 2002 in
response to a petition filed by the Paper, Allied-Industrial,
Chemical and Energy Workers International Union on behalf of
workers at Georgia Pacific, OSB Plant, Baileyville, Maine. The
workers produced oriented strand board (OSB).
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that from 2000 to 2001 when
there was a decline in sales and production at the Georgia-
Pacific, OSB Plant, in Baileyville, Maine, there was an increase
in employment. Sales, production and employment increased at
the plant until it was sold in September 2002.
Furthermore, there were no company imports of OSB, nor a
shift in production from the Baileyville plant to a foreign
country.
Conclusion
After careful review, I determine that all workers of
Georgia Pacific, OSB Plant, Baileyville, Maine, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, as amended.
Signed in Washington, D.C. this 23rd day of December 2002
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance