Denied
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TAW-52927  /  Railway Handle Corp. (Kenbridge, VA)

Petitioner Type: Company
Impact Date:
Filed Date: 09/23/2003
Most Recent Update: 11/06/2003
Determination Date: 11/06/2003
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,927

RAILWAY HANDLE CORPORATION
KENBRIDGE, VIRGINIA


Negative Determination 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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers to a firm or subdivision primarily
affected by increased imports or a shift in production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation was initiated on September 23, 2003, in
response to a petition filed by a company official on behalf of
workers at Railway Handle Corporation, Kenbridge, Virginia. The
workers produced wooden handles for handtools.
The investigation revealed that criteria (2) and (3) have
not been met.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case.
The subject firm had no production during the relevant
period, and therefore there could be no basis for a certification
for trade adjustment assistance eligibility.





Conclusion
After careful review, I determine that all workers covered
by this petition of Railway Handle Corporation, Kenbridge,
Virginia do not qualify as adversely affected secondary workers
and are denied eligibility to apply for adjustment assistance
under section 223(b) of the Trade Act of 1974.
Signed at Washington, D.C., this 6th day of November, 2003.



/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance