Petitioner Type: Company
Impact Date:
Filed Date: 05/21/2003
Most Recent Update: 06/12/2003
Determination Date: 06/12/2003
Expiration Date:
Employment and Training Administration
TA-W-51,844
FISHING VESSEL (F/V) KINDRED SPIRIT
STATE OF ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION PERMIT #
S03A55890S
HOONAH, ALASKA
Negative Determinations 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 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 May 21, 2003, in response
to a petition filed by a company official on behalf of workers at
Fishing Vessel (F/V) Kindred Spirit, State of Alaska Commercial
Fisheries Entry Commission Permit # S03A55890S, Hoonah, Alaska.
The workers produce fresh salmon.
The investigation revealed that criteria (2) has not been
met.
The investigation revealed that employment levels during
fiscal year 2002 and 2003 were not sufficient for the establishment
of a worker group. In order to establish a valid worker group,
there must be at least three full-time workers employed at some
point during the period under investigation. Workers of the group
subject to this investigation did not meet this threshold level of
employment.
Conclusion
After careful review, I determine workers of Fishing Vessel
(F/V) Kindred Spirit, State of Alaska Commercial Fisheries Entry
Commission Permit # S03A55890S, Hoonah, Alaska, are denied
eligibility to apply for adjustment assistance under section 223(b)
of the Trade Act of 1974.
Signed at Washington, D.C., this 12th day of June, 2003.
/s/ Linda G. Poole
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LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance