Petitioner Type: Workers
Impact Date: 08/28/2002
Filed Date: 09/23/2003
Most Recent Update: 10/22/2003
Determination Date: 10/22/2003
Expiration Date: 10/22/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,909
DOLLY, INC.
INCLUDING LEASED WORKERS OF
CBS PERSONNEL AND EXPRESS PERSONNEL
TIPP CITY, 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 Tipp City, 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 (2) has not
been met.
The investigation revealed that workers in the workers’ firm
possess skills that are easily transferable in the local area.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that workers of Dolly, Inc., including leased workers of
CBS Personnel and Express Personnel, Tipp City, 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 14th day of January 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-52,909
DOLLY, INC.
INCLUDING LEASED WORKERS OF
CBS PERSONNEL AND EXPRESS PERSONNEL
TIPP CITY, 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 on September 23, 2003 in
response to a petition filed on behalf of workers at Dolly, Inc.,
Tipp City, Ohio and leased workers of CBS Personnel and Express
Personnel working at the subject facility. The workers produce
mobiles (a type of juvenile and infant toy).
The investigation revealed sales, production and employment
declines at the subject company during the relevant time period.
The investigation also revealed that the subject company
increased imports of mobiles 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 mobiles produced at Dolly, Inc.,
Tipp City, Ohio 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 Dolly, Inc., Tipp City, Ohio and leased
workers of CBS Personnel and Express Personnel working at the
Dolly, Inc., Tipp City, Ohio facility, who became totally or
partially separated from employment on or after August 28,
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 October 2003.
/s/ Richard Church
_______________________________
RICHARD CHURCH
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-52,909
DOLLY, INC.
INCLUDING LEASED WORKERS OF
CBS PERSONNEL AND EXPRESS PERSONNEL
TIPP CITY, 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 Tipp City, 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 (2) has not
been met.
The investigation revealed that workers in the workers’ firm
possess skills that are easily transferable in the local area.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that workers of Dolly, Inc., including leased workers of
CBS Personnel and Express Personnel, Tipp City, 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 14th day of January 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-52,909
DOLLY, INC.
INCLUDING LEASED WORKERS OF
CBS PERSONNEL AND EXPRESS PERSONNEL
TIPP CITY, 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 on September 23, 2003 in
response to a petition filed on behalf of workers at Dolly, Inc.,
Tipp City, Ohio and leased workers of CBS Personnel and Express
Personnel working at the subject facility. The workers produce
mobiles (a type of juvenile and infant toy).
The investigation revealed sales, production and employment
declines at the subject company during the relevant time period.
The investigation also revealed that the subject company
increased imports of mobiles 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 mobiles produced at Dolly, Inc.,
Tipp City, Ohio 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 Dolly, Inc., Tipp City, Ohio and leased
workers of CBS Personnel and Express Personnel working at the
Dolly, Inc., Tipp City, Ohio facility, who became totally or
partially separated from employment on or after August 28,
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 October 2003.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.