Petitioner Type: Workers
Impact Date: 12/09/2001
Filed Date: 12/12/2002
Most Recent Update: 01/31/2003
Determination Date: 01/31/2003
Expiration Date: 07/14/2005
Employment and Training Administration
BUSINESS CONFIDENTIAL
TA-W-50,314
ELECTROGLAS, INC.
INCLUDING LEASED WORKERS OF
ADVANCED TECHNICAL RESOURCES
SAN JOSE, CALIFORNIA
Notice of Revised Determination
on Reconsideration
By application of March 25, 2003, a petitioner requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on January 31, 2003, based on the finding
that imports of wafer probers did not contribute importantly to
worker separations at the San Jose plant. The denial notice was
published in the Federal Register on February 24, 2003 (68 FR
8619).
To support the request for reconsideration, the petitioner
supplied additional information to supplement that which was
gathered during the initial investigation. Upon further review
and contact with the company, it was revealed that the company
increased their imports of wafer probers, contributing
significantly to the layoffs during the relevant period
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Electroglas,
Inc., San Jose, California, contributed importantly to the
declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Electroglas, Inc., including leased workers
of Advanced Technical Resources, San Jose, California, who
became totally or partially separated from employment on or
after December 9, 2001 through two years from the date of
this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 14th day of July 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,314
ELECTROGLAS, INC.
SAN JOSE, CALIFORNIA
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, 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 December 12, 2002, in
response to a petition filed on behalf of workers of Electroglas,
Inc., San Jose, California. The workers produce wafer probers.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The investigation revealed that although the subject firm has
transferred some production abroad it does not import products like
those it manufactures at the subject plant.
The investigation also revealed that the subject firm produced
prober wafers primarily for the export market.
Conclusion
After careful review, I determine that all workers of
Electroglas, Inc., San Jose, California 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 31st day of January 2003.
/s/ Richard Church
________________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance