Petitioner Type: Company
Impact Date: 08/01/2002
Filed Date: 08/01/2003
Most Recent Update: 08/22/2003
Determination Date: 08/22/2003
Expiration Date: 08/22/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,448
T.S. TRIM INDUSTRIES, INC.
ATHENS DIVISION
ATHENS, 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, a state agency
representative requested ATAA consideration for workers at the
subject firm located in Athens, 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 is not a significant
number of workers in the workers' firm 50 years of age or older.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that workers of T.S. Trim Industries, Inc., Athens
Division, Athens, 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 27th day of June 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,448
T.S. TRIM INDUSTRIES, INC.
ATHENS DIVISION
ATHENS, OHIO
Certification 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.
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)(B) of
Section 222 have been met.
The investigation was initiated August 1, 2003 in response to
a petition filed by a company official on behalf of workers at T.S.
Trim Industries, Inc., Athens Division, Athens, Ohio. The workers
at the subject firm produce interior automotive parts.
The investigation revealed that sales and employment at the
subject firm declined from 2001 to 2002 from January through March
2003 when compared to the same time period in 2002.
The preponderance in the declines in employment at the subject
firm is related to a shift in plant production of interior
automotive parts to Canada, party to a free trade agreement with
the United States.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers’ firm to Canada of articles that are like or directly
competitive with those produced by the subject firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
“All workers of T.S. Trim Industries, Inc., Athens Division,
Athens, Ohio who became totally or partially separated from
employment on or after August, 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 22nd 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-52,448
T.S. TRIM INDUSTRIES, INC.
ATHENS DIVISION
ATHENS, 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, a state agency
representative requested ATAA consideration for workers at the
subject firm located in Athens, 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 is not a significant
number of workers in the workers' firm 50 years of age or older.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that workers of T.S. Trim Industries, Inc., Athens
Division, Athens, 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 27th day of June 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,448
T.S. TRIM INDUSTRIES, INC.
ATHENS DIVISION
ATHENS, OHIO
Certification 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.
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)(B) of
Section 222 have been met.
The investigation was initiated August 1, 2003 in response to
a petition filed by a company official on behalf of workers at T.S.
Trim Industries, Inc., Athens Division, Athens, Ohio. The workers
at the subject firm produce interior automotive parts.
The investigation revealed that sales and employment at the
subject firm declined from 2001 to 2002 from January through March
2003 when compared to the same time period in 2002.
The preponderance in the declines in employment at the subject
firm is related to a shift in plant production of interior
automotive parts to Canada, party to a free trade agreement with
the United States.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers’ firm to Canada of articles that are like or directly
competitive with those produced by the subject firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
“All workers of T.S. Trim Industries, Inc., Athens Division,
Athens, Ohio who became totally or partially separated from
employment on or after August, 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 22nd 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.