Petitioner Type: State
Impact Date: 07/24/2002
Filed Date: 07/25/2003
Most Recent Update: 09/11/2003
Determination Date: 09/11/2003
Expiration Date: 09/11/2005
Employment and Training Administration
TA-W-52,399
MORELOCK ENTERPRISES
COMPONENTS DIVISION
INCLUDING LEASED WORKERS FROM STAFFING SERVICES
BEND, OREGON
TA-W-52,399A
MORELOCK ENTERPRISES
CLOSURES DIVISION
INCLUDING LEASED WORKERS FROM STAFFING SERVICES
BEND, OREGON
Determinations 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 December 15, 2004, a state agency
representative, requested ATAA consideration for workers at the
subject firm located in Bend, Oregon.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met for TA-W-52,399.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the furniture and roofing
industries are adverse.
In the case for TA-W-52,399A, in order for the Department to
issue a certification of eligibility to apply for ATAA, the worker
group must be certified eligible to apply for trade adjustment
assistance (TAA). Since the workers are denied eligibility to apply
for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that the requirements of Section 246(a)(3)(A) of the Trade
Act of 1974, as amended, have been met for workers of the subject
firm’s Components Division (TA-W-52,399).
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Morelock Enterprises, Components Division,
including leased workers from Staffing Services, Bend, Oregon
(TA-W-52,399), who became totally or partially separated from
employment on or after July 24, 2002 through September 11,
2005 are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended.”
Furthermore, all workers of Morelock Enterprises, Closures
Division, including leased workers from Staffing Services, Bend,
Oregon (TA-W-52,399A) 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 28th day of January 2005.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,399
MORELOCK ENTERPRISES
COMPONENTS DIVISION
INCLUDING LEASED WORKERS FROM STAFFING SERVICES
BEND, OREGON
TA-W-52,399A
MORELOCK ENTERPRISES
CLOSURES DIVISION
INCLUDING LEASED WORKERS FROM STAFFING SERVICES
BEND, OREGON
Determinations 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 July 25, 2003, in response
to a petition filed by a state agency representative on behalf of
workers of Morelock Enterprises, Components Division, Bend, Oregon
(TA-W-52,399) and Morelock Enterprises, Closures Division, Bend,
Oregon (TA-W-52,399A. Workers of the Components Division (TA-W-
52,399) produce knotty pine bed posts and furniture components.
Workers of the Closures Division (TA-W-52,399A) produce accessory
products for the fiberglass, PVC, and polycarbonate roofing
industry.
The investigation revealed that the Components Division (TA-W-
52,399) and the Closures Division (TA-W-52,399A) lease workers from
Staffing Services.
In the case of Morelock Enterprises, Components Division,
Bend, Oregon (TA-W-52,399), that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation revealed that sales, production, and
employment at the Components Division (TA-W-52,399) decreased
absolutely during the period of January through July of 2003 when
compared to the same period in 2002.
The investigation further revealed that the Components
Division (TA-W-52,399) did not import knotty pine bed posts and
furniture components or shift production of knotty pine bed posts
and furniture components to a foreign country during the relevant
period.
The Department of Labor surveyed the Component Division’s (TA-
W-52,399) major declining customers regarding their purchases of
knotty pine bed posts and furniture components. This survey
revealed increases in imports of knotty pine bed posts and
furniture components during the period under investigation.
In the case of Morelock Enterprises, Closures Division, Bend,
Oregon (TA-W-52,399A), the investigation revealed that criteria
(a)(2)(A)(I.B) and (a)(2)(B)(II.B) were not met.
Sales and production at the Closures Division (TA-W-52,399A)
did not decrease from 2001 to 2002 or during the period of January
through July 2003 when compared to the same period in 2003.
Additionally, the Closures Division did not shift production
of accessory products for the fiberglass, PVC, and polycarbonate
roofing industry to any foreign country during the relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with knotty pine bed posts and
furniture components contributed importantly to the total or
partial separation of workers and to the decline in sales or
production and at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Morelock Enterprises, Components Division,
Bend, Oregon, and leased workers of Staffing Services
producing knotty pine bed posts and furniture components at
Morelock Enterprises, Components Division, Bend, Oregon (TA-W-
52,399), who became totally or partially separated from
employment on or after July 24, 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."
I further determine that workers of Morelock Enterprises,
Closures Division, Bend, Oregon, producing accessory products for
the fiberglass, PVC, and polycarbonate roofing industry, and leased
workers of Staffing Services producing accessory products for the
fiberglass, PVC, and polycarbonate roofing industry at Morelock
Enterprises, Closures Division, Bend, Oregon (TA-W-52,399A), are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C. this 11th day of September 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.
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.