Petitioner Type: Workers
Impact Date: 02/27/2002
Filed Date: 03/10/2003
Most Recent Update: 04/21/2003
Determination Date: 04/21/2003
Expiration Date: 08/01/2005
Employment and Training Administration
TA-W-51,099
ALLEGHENY LUDLUM
MELT SHOP AND ROLLING MILL DIVISION
HOUSTON, PENNSYLVANIA
Notice of Revised Determination
on Reconsideration
By application of June 6, 2003, the United Steel Workers of
America, Local 7139-07, 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 April 21, 2003, based on the finding that
criterion 3(A) (the workers’ firm is a supplier and the component
parts it supplied for the primary firm accounted for at least 20
percent of the production or sales of the workers’ firm) and
3(B)(a loss of business by the workers’ firm with the primary
firm contributed importantly to the workers’ separation or threat
of separation) have not been met. The denial notice was
published in the Federal Register on May 7, 2003 (68 FR 24503).
Pursuant to the receipt of the request for reconsideration,
and upon further review of the initial investigation, it has
become apparent that Allegheny Ludlum, Melt Shop and Rolling Mill
Division, Houston, Pennsylvania supplies component parts for
stainless steel bar, rod and wire and a loss of business with a
manufacturer (whose workers were certified eligible to apply for
adjustment assistance) contributed importantly to the workers
separation or threat of separation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Allegheny Ludlum, Melt
Shop and Rolling Mill Division, Houston, Pennsylvania qualify as
adversely affected secondary workers under Section 222 of the
Trade Act of 1974. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Allegheny Ludlum, Melt Shop and Rolling Mill
Division, Houston, Pennsylvania, who became totally or partially
separated from employment on or after February 27, 2002 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 1st day of August 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,099
ALLEGHENY LUDLUM
MELT SHOP AND ROLLING MILL DIVISION
HOUSTON, PENNSYLVANIA
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 of
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 in response to a petition
received on March 10, 2003, in response to a petition filed by
United Steel Workers of America, Local 7139-07, on behalf of
workers of at Allegheny Ludlum, Melt Shop and Rolling Mill
Division, Houston, Pennsylvania. The workers produced hot rolling
steel coils.
The investigation revealed that Criteria 3 (A) and 3 (B)
have not been met.
Petitioners allege that job losses were due to their 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 investigation revealed that Allegheny Ludlum, Melt Shop
and Rolling Mill Division, Houston, Pennsylvania, supplies
component parts for automotive and aerospace articles produced by
Carpenter Technology Corporation. However, fewer than 20 percent
of the subject firm’s production or sales was supplied to this
manufacturer, whose workers were certified eligible to apply for
adjustment assistance. Furthermore, the loss of business by the
workers’ firm with the primary firm did not contribute
importantly to the workers’ separation.
Conclusion
After careful review, I determine that all workers covered
by this petition of Allegheny Ludlum, Melt Shop and Rolling Mill
Division, Houston, Pennsylvania, 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.
Signed at Washington, D.C. this 21st day of April 2003
/s/Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance