Denied
« back to search results

TAW-50456  /  J and A Industrial Sheetmetal (Bend, OR)

Petitioner Type: State
Impact Date:
Filed Date: 01/03/2003
Most Recent Update: 04/17/2003
Determination Date: 04/17/2003
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,456

J & A INDUSTRIAL SHEETMETAL COMPANY
BEND, OREGON


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, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers of component parts to a firm or
subdivision primarily affected by increased imports or a shift in
production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation was initiated on January 3, 2003, in

response to a petition filed by a company official on behalf of a
worker at J & A Industrial Sheetmetal Company, Bend, Oregon. The
subject firm produced sheet metal fabrications.
The investigation revealed that criteria (2) and (3) have

not been met.

The petitioner alleges that job losses were due to his firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case.
The articles produced by the petitioner were not component
parts for articles that were the basis for a certification for
trade adjustment assistance eligibility.







Conclusion
After careful review, I determine that all workers covered
by this petition of J & A Industrial Sheetmetal Company, Bend,
Oregon do not qualify as adversely affected secondary workers and
are denied eligibility to apply for adjustment assistance under
section 223(b) of the Trade Act of 1974, as amended.
Signed at Washington, D.C., this 17th day of April, 2003.



/s/ Richard Church
__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance