Petitioner Type: Company
Impact Date: 09/17/2002
Filed Date: 09/25/2003
Most Recent Update: 11/05/2003
Determination Date: 11/05/2003
Expiration Date: 11/05/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,984
SAMINA-SCI
CABLE DIVISION
INCLUDING LEASED WORKERS OF ON-POINT PERSONNEL AND EMPLOYEE
SOLUTIONS
CARROLLTON, TEXAS
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, 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 on September 25, 2003, in
response to a petition filed by a company official on behalf of
workers of Samina-SCI, Cable Division, Carrollton, Texas. The
workers produce custom cable assembles; they are not separately
identifiable by product line.
The investigation revealed that employment declined from
2001 to 2002 and also declined from January through October 2003
when compare to fiscal year 2002.
The investigation also revealed that Samina-SCI, Cable
Division, Carrollton, Texas also leased workers from On-Point
Personnel and Employee Solutions to produce custom cable
assembles.
The preponderance in the declines in employment at the
subject firm is related to a shift in plant production of custom
cable assembles to Mexico that is a party to a free trade
agreement with the United States.
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 (3) has not
been met.
The investigation revealed that the competitive conditions
within the workers' industry are not adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production
from the workers' firm or subdivision to Mexico 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 Samina-SCI, Cable Division, Carrollton,
Texas; and leased workers of On-Point Personnel and
Employee Solutions producing custom cable assembles at
Samina-SCI, Cable Division, Carrollton, Texas, who became
totally or partially separated from employment on or after
September 17, 2002, through two years from the date of
certification, are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974 and I
further determine that all workers of Samina-SCI, Cable
Division, Carrollton, Texas 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 5th day of November 2003.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance