Denied
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TAW-51256  /  Westinghouse Electric Company (Blairsville, PA)

Petitioner Type: Workers
Impact Date:
Filed Date: 03/21/2003
Most Recent Update: 04/10/2003
Determination Date: 04/10/2003
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,256

WESTINGHOUSE ELECTRIC COMPANY
NUCLEAR FUEL SPECIALTY METALS PLANT
BLAIRSVILLE, PENNSYLVANIA

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 March 21, 2003 in
response to a petition filed on behalf of workers at Westinghouse
Electric Company, Nuclear Fuel Specialty Metals Plant,
Blairsville, Pennsylvania. The workers produce seamless tubing
for nuclear reactors.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that employment will decline at
Westinghouse Electric Company, Nuclear Fuel Specialty Metals
Plant, Blairsville, Pennsylvania. The number of worker
separations, however, does not account for a significant portion
of total employment at the plant.
Other findings show that the subject firm's sales and
production of seamless tubing for nuclear reactors increased from
fiscal year 2001 to fiscal year 2002, nor has there been any
recent decline in sales or production.
The investigation also revealed that the subject firm did
not shift production of seamless tubing for nuclear reactors to a
foreign country during the relevant period, nor did the subject
firm import seamless tubing for nuclear reactors.
Conclusion
After careful review, I determine that all workers of
Westinghouse Electric Company, Nuclear Fuel Specialty Metals
Plant, Blairsville, Pennsylvania, 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 10th day of April, 2003.


/s/Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance