Petitioner Type: State
Impact Date:
Filed Date: 05/06/2003
Most Recent Update: 06/09/2003
Determination Date: 06/09/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,685
ABB INCORPORATED
POWER TECHNOLOGIES POWER SYSTEM (PTPS)
THE DALLES, OREGON
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 May 6, 2003 in response to
a petition filed by a state agency on behalf of workers at ABB,
Inc., Power Technologies Power Systems (PTPS), The Dalles, Oregon.
The workers produced power transmission substations.
The investigation revealed that criteria I.C. and II.B. have
not been met.
There has been no layoff of production workers from the
subject facility in the relevant period. According to a company
official, a layoff of salaried workers providing administrative and
engineering support occurred in May and September 2002. The
separation of these workers was caused by a consolidation of
finance management and project execution services at the subject
facility with division headquarters in Raleigh, North Carolina.
The subject division does not import substations. Division-
wide sales increased in 2002 compared to 2001.
There has not 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.
Conclusion
After careful review, I determine that all workers of ABB,
Inc., Power Technologies Power Systems (PTPS), The Dalles, Oregon
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 9th day of June 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance