Petitioner Type: Union
Impact Date:
Filed Date: 01/07/2003
Most Recent Update: 03/31/2003
Determination Date: 03/31/2003
Expiration Date:
Employment and Training Administration
TA-W-50,511
JOHNS MANVILLE
PARKERSBURG PLANT
VIENNA, WEST VIRGINIA
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 January 7, 2003, in
response to a petition filed by the United Steelworkers of
America, Local 22-G, on behalf of workers of Johns Manville,
Parkersburg Plant, Vienna, West Virginia. The workers produced
glass air filtration media.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that there were no company
imports of glass air filtration media like or directly
competitive with that produced at the Parkersburg plant, nor was
there a shift in production of glass air filtration media from
the Parkersburg Plant to a country that is part of a free trade
agreement with the United States during the period under
investigation.
Furthermore, the investigation revealed that although there
was a shift in production from the subject plant to a foreign
country, that production abroad is destined for the local
foreign market. There is currently no intent to export to the
United States from that facility.
Conclusion
After careful review, I determine that workers producing
glass air filtration media at Johns Manville, Parkersburg Plant,
Vienna, West Virginia, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, as amended.
Signed at Washington, D.C., this 31st day of March 2003
/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance