Petitioner Type: Company
Impact Date: 06/27/2002
Filed Date: 07/10/2003
Most Recent Update: 08/07/2003
Determination Date: 08/07/2003
Expiration Date: 08/07/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,274
THOMSON, INC.
CIRCLESVILLE GLASS OPERATIONS
CIRCLEVILLE, OHIO
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a certification
of eligibility to apply for Trade Adjustment Assistance (TAA) on
August 7, 2003, applicable to workers and former workers of
Thomson, Inc., Circleville Glass Operations, Circleville, Ohio.
The Department’s Notice was published in the Federal Register on
September 2, 2003 (68 FR 52228). The workers were engaged in the
production of glass components of picture tubes prior to the
subject firm’s closure in June 2004.
On March 8, 2005, the Department issued a certification of
eligibility for Alternative Trade Adjustment Assistance (ATAA)
covering workers of the subject firm separated from employment on
or after June 27, 2002 through August 7, 2005. The Department’s
Notice was published in the Federal Register on April 1, 2005
(70 FR 16851).
Even though production activity ceased in June 2004, the
State of Ohio required the subject firm to submit within ninety
days a cessation of operations plan and to undertake an 18-month
process for the identification and remediation of any hazards
left over from the manufacturing process. At the time of the
shutdown, the subject firm retained fifteen employees (“shutdown
workers”) solely for purposes of the shutdown process.
The shutdown workers subsequently petitioned for TAA/ATAA
benefits (TA-W-59,118), referring to TA-W-52,274 for support.
The Department determined in TA-W-59,118 that the shutdown
workers were ineligible for benefits because there was no
production at the subject facility during the relevant period.
The petitioners appealed the Department’s negative determination
to the U.S. Court of International Trade (Court No. 06-00266).
The Department subsequently obtained a voluntary remand for the
purpose of further review and a redetermination of the workers’
eligibility to apply for worker adjustment assistance.
During the ensuing remand process for TA-W-59,118, the
Department determined that there was a causal nexus between the
subject firm’s shutdown of operations and the shutdown workers’
separations and that, therefore, the separations of the workers
through December 31, 2006 are attributable to the conditions
specified in section 222 of the Trade Act. The Department has
further determined that, given the particular facts presented, it
is appropriate to amend the certification of the immediate
petition to include those workers involved in cessation of
operations activities who were separated after August 7, 2005.
The Department’s decision in this case is limited to the
precise circumstances of this specific case and should not be
considered as any indication of how the Department would proceed
in other cases or in any subsequent rulemaking on this subject.
The amended notice applicable to TA-W-52,274 is hereby
issued as follows:
"All workers of Thomson, Inc., Circleville Glass Operations,
Circleville, Ohio (TA-W-52,274), who became totally or
partially separated from employment on or after June 27, 2002
through December 31, 2006, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act.”
Signed at Washington, D.C., this 25th day of January 2007.
/s/ Linda G. Poole
_____________________ ____
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,274
THOMSON, INC.
CIRCLEVILLE GLASS OPERATIONS
CIRCLEVILLE, OHIO
Certification 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 its investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(A) of Section 222 have been met.
The investigation was initiated in response to a petition
received on July 10, 2003 and filed by the International
Brotherhood of Electrical Workers, Local 2331 on behalf of
workers at Thomson, Inc., Circleville Glass Operations,
Circleville, Ohio. The workers were engaged in activities
related to the production of picture tubes (glass--a component of
picture tubes).
The investigation revealed that plant sales, production and
employment declined during the relevant period.
The investigation further revealed that the subject plant
produced glass, which was a component of an affiliated plant’s
production of picture tubes. The affiliated plant (Thomson
Marion Division, Marion, Indiana, TA-W-50,920) was certified on
April 4, 2003 based on increasing customer imports of picture
tubes.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with picture tubes produced by
Thomson, Inc., contributed importantly to the total or partial
separation of workers and to the decline in sales or production
at that firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Thomson, Inc., Circleville Glass Operations,
Circleville, Ohio, who became totally or partially separated
from employment on or after June 27, 2002 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
Signed in Washington, D. C. this 7th day of August, 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 4 -
Employment and Training Administration
TA-W-52,274
THOMSON, INC.
CIRCLESVILLE GLASS OPERATIONS
CIRCLEVILLE, OHIO
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a certification
of eligibility to apply for Trade Adjustment Assistance (TAA) on
August 7, 2003, applicable to workers and former workers of
Thomson, Inc., Circleville Glass Operations, Circleville, Ohio.
The Department’s Notice was published in the Federal Register on
September 2, 2003 (68 FR 52228). The workers were engaged in the
production of glass components of picture tubes prior to the
subject firm’s closure in June 2004.
On March 8, 2005, the Department issued a certification of
eligibility for Alternative Trade Adjustment Assistance (ATAA)
covering workers of the subject firm separated from employment on
or after June 27, 2002 through August 7, 2005. The Department’s
Notice was published in the Federal Register on April 1, 2005
(70 FR 16851).
Even though production activity ceased in June 2004, the
State of Ohio required the subject firm to submit within ninety
days a cessation of operations plan and to undertake an 18-month
process for the identification and remediation of any hazards
left over from the manufacturing process. At the time of the
shutdown, the subject firm retained fifteen employees (“shutdown
workers”) solely for purposes of the shutdown process.
The shutdown workers subsequently petitioned for TAA/ATAA
benefits (TA-W-59,118), referring to TA-W-52,274 for support.
The Department determined in TA-W-59,118 that the shutdown
workers were ineligible for benefits because there was no
production at the subject facility during the relevant period.
The petitioners appealed the Department’s negative determination
to the U.S. Court of International Trade (Court No. 06-00266).
The Department subsequently obtained a voluntary remand for the
purpose of further review and a redetermination of the workers’
eligibility to apply for worker adjustment assistance.
During the ensuing remand process for TA-W-59,118, the
Department determined that there was a causal nexus between the
subject firm’s shutdown of operations and the shutdown workers’
separations and that, therefore, the separations of the workers
through December 31, 2006 are attributable to the conditions
specified in section 222 of the Trade Act. The Department has
further determined that, given the particular facts presented, it
is appropriate to amend the certification of the immediate
petition to include those workers involved in cessation of
operations activities who were separated after August 7, 2005.
The Department’s decision in this case is limited to the
precise circumstances of this specific case and should not be
considered as any indication of how the Department would proceed
in other cases or in any subsequent rulemaking on this subject.
The amended notice applicable to TA-W-52,274 is hereby
issued as follows:
"All workers of Thomson, Inc., Circleville Glass Operations,
Circleville, Ohio (TA-W-52,274), who became totally or
partially separated from employment on or after June 27, 2002
through December 31, 2006, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act.”
Signed at Washington, D.C., this 25th day of January 2007.
/s/ Linda G. Poole
_____________________ ____
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,274
THOMSON, INC.
CIRCLEVILLE GLASS OPERATIONS
CIRCLEVILLE, OHIO
Certification 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 its investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(A) of Section 222 have been met.
The investigation was initiated in response to a petition
received on July 10, 2003 and filed by the International
Brotherhood of Electrical Workers, Local 2331 on behalf of
workers at Thomson, Inc., Circleville Glass Operations,
Circleville, Ohio. The workers were engaged in activities
related to the production of picture tubes (glass--a component of
picture tubes).
The investigation revealed that plant sales, production and
employment declined during the relevant period.
The investigation further revealed that the subject plant
produced glass, which was a component of an affiliated plant’s
production of picture tubes. The affiliated plant (Thomson
Marion Division, Marion, Indiana, TA-W-50,920) was certified on
April 4, 2003 based on increasing customer imports of picture
tubes.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with picture tubes produced by
Thomson, Inc., contributed importantly to the total or partial
separation of workers and to the decline in sales or production
at that firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Thomson, Inc., Circleville Glass Operations,
Circleville, Ohio, who became totally or partially separated
from employment on or after June 27, 2002 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
Signed in Washington, D. C. this 7th day of August, 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 4 -