Petitioner Type: Company
Impact Date:
Filed Date: 02/28/2003
Most Recent Update: 05/07/2003
Determination Date: 05/07/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,024
WHEELING PITTSBURGH STEEL CORPORATION
WHEELING, WEST VIRGINIA
TA-W-51,024A
WHEELING PITTSBURGH STEEL CORPORATION
FOLLANSBEE, WEST VIRGINIA
TA-W-51,024B
WHEELING PITTSBURGH STEEL CORPORATION
BEECH BOTTOM, 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, 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 February 28, 2003, in
response to a petition filed by a company official on behalf of
workers of Wheeling-Pittsburgh Steel Corporation, Wheeling,
Follansbee, and Beech Bottom, West Virginia. The company is an
integrated producer of steel products. Most of the separated
employees were supervisory or administrative in nature.
The investigation revealed that Criteria I.A and I.C., and
II.A. and II.B. are not met.
Overall, the number of production workers employed at the
three subject facilities did not decline in 2002 and through the
first quarter 2003. The Follansbee and Beech Bottom plants did not
experience separations of a significant number or proportion of all
workers employed there. Workers at the Wheeling, West Virginia
facility provided support or managerial services only, and can be
certified only if the reduction in demand for their services
originated at a production facility whose workers independently
meet the statutory criteria for certification. These conditions
have not been met by those separated at the Wheeling facility.
Conclusion
After careful review, I determine that all workers of
Wheeling-Pittsburgh Steel Corporation, Wheeling, Follansbee,
and Beech Bottom, West Virginia, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C., this 7th day of May 2003
/s/ Richard Church
_________________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance