TAW-52623 / Five Rivers Electronic Inovations, LLC (Greeneville, TN)
Petitioner Type: Union
Impact Date: 01/25/2003
Filed Date: 08/19/2003
Most Recent Update: 10/01/2003
Determination Date: 10/01/2003
Expiration Date: 10/01/2005
Employment and Training Administration
TA-W-52,623
FIVE RIVERS ELECTRONIC INNOVATIONS, LLC
GREENEVILLE, TENNESSEE
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade 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 on August 19, 2003 in response
to a petition filed by IUE/CWA, Local 796 on behalf of workers at
Five River Electronic Innovations, LLC, Greenville, Tennessee. The
workers were engaged in employment related to the production of
color televisions and parts.
The investigation revealed that sales, production and
employment at the subject firm decreased from 2001 to 2002 and in
January through July of 2003 compared to the same period of 2002.
The investigation also revealed that a major customer of the
subject firm increased its reliance on imported color television
sets during the relevant period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment
assistance (ATAA) for older workers.
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.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (2) has not
been met.
The investigation revealed that workers in the workers' firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of color
televisions produced at Five River Electronic Innovations, LLC,
Greenville, Tennessee 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 Five River Electronic Innovations, LLC,
Greenville, Tennessee who became totally or partially
separated from employment on or after August 15, 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 all workers of Five River Electronic
Innovations, LLC, Greenville, Tennessee are denied eligibility
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974."
Signed in Washington, D. C., this 1st day of October 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance