Petitioner Type: Union
Impact Date: 06/20/2002
Filed Date: 07/15/2003
Most Recent Update: 08/12/2003
Determination Date: 08/12/2003
Expiration Date: 08/12/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,319
AKRON PORCELAIN AND PLASTICS COMPANY, INC.
AKRON, OHIO
Negative Determination Regarding Eligibility
to Apply For Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated November 9, 2004, an Ohio State agency
representative requested ATAA consideration for workers at the
subject firm located in Akron, Ohio.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable in the local area.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (1) has not
been met.
The investigation revealed that there was not a significant
number of workers at the subject facility over the age of 50
years old or older.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that workers of Akron Porcelain and Plastics Company,
Inc., Akron, Ohio are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974, as amended.
Signed in Washington, D.C., this 8th day of March 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,319
AKRON PORCELAIN AND PLASTICS COMPANY, INC.
MOSCOW, VERMONT
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
initiated on July 15, 2003 and filed by a United Steelworkers of
America; Local 96 on behalf of workers at Akron Porcelain and
Plastics Company, Inc., Akron, Ohio. The workers produce plastic
and ceramic products for the appliance, electrical, automobile and
steel industries and are not separately identifiable by product
line.
The investigation revealed that sales, production and
employment declined at the subject firm from 2001 to 2002 and also
declined from January through June 2003 when compared to the same
time period 2002.
The Department of Labor surveyed the subject firm’s major
customers regarding their purchases of plastic and ceramic
products. The surveys revealed that the customers have increased
their foreign purchases of plastic and ceramic products during the
relevant time period.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with plastic and ceramic products
produced at subject firm contributed importantly to the total or
partial separation of workers and to the decline in sales or
production and at that firm. In accordance with the provisions of
the Act, I make the following certification:
“All workers of Akron Porcelain and Plastics Company, Inc.,
Akron, Ohio who became totally or partially separated from
employment on or after June 20, 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, as
amended.”
Signed in Washington, D. C. this 12th day of August 2003.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
Employment and Training Administration
TA-W-52,319
AKRON PORCELAIN AND PLASTICS COMPANY, INC.
AKRON, OHIO
Negative Determination Regarding Eligibility
to Apply For Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated November 9, 2004, an Ohio State agency
representative requested ATAA consideration for workers at the
subject firm located in Akron, Ohio.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable in the local area.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (1) has not
been met.
The investigation revealed that there was not a significant
number of workers at the subject facility over the age of 50
years old or older.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that workers of Akron Porcelain and Plastics Company,
Inc., Akron, Ohio are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974, as amended.
Signed in Washington, D.C., this 8th day of March 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,319
AKRON PORCELAIN AND PLASTICS COMPANY, INC.
MOSCOW, VERMONT
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
initiated on July 15, 2003 and filed by a United Steelworkers of
America; Local 96 on behalf of workers at Akron Porcelain and
Plastics Company, Inc., Akron, Ohio. The workers produce plastic
and ceramic products for the appliance, electrical, automobile and
steel industries and are not separately identifiable by product
line.
The investigation revealed that sales, production and
employment declined at the subject firm from 2001 to 2002 and also
declined from January through June 2003 when compared to the same
time period 2002.
The Department of Labor surveyed the subject firm’s major
customers regarding their purchases of plastic and ceramic
products. The surveys revealed that the customers have increased
their foreign purchases of plastic and ceramic products during the
relevant time period.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with plastic and ceramic products
produced at subject firm contributed importantly to the total or
partial separation of workers and to the decline in sales or
production and at that firm. In accordance with the provisions of
the Act, I make the following certification:
“All workers of Akron Porcelain and Plastics Company, Inc.,
Akron, Ohio who became totally or partially separated from
employment on or after June 20, 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, as
amended.”
Signed in Washington, D. C. this 12th day of August 2003.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.