Petitioner Type: Workers
Impact Date: 09/05/2002
Filed Date: 09/25/2003
Most Recent Update: 10/24/2003
Determination Date: 10/24/2003
Expiration Date: 10/24/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,994
THE SCOTTS COMPANY
TEMECULA OPERATION
INCLUDING LEASED WORKERS OF
MANPOWER AND REMEDY
TEMECULA, CALIFORNIA
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 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 sales and/or production have
decreased absolutely at the workers firm or subdivision and an
increase in imports of articles like or directly competitive with
articles produced by the workers' firm or subdivision contributed
importantly to workers' separation or threat of separation and to
the decline in the sales or production of the subject firm or
subdivision.
The investigation was initiated on September 25, 2003 in
response to a petition filed on behalf of workers at The Scotts
Company, Temecula Operation, Temecula, California. The workers at
the subject plant produce steel components. The subject firm also
leases workers from Manpower, TriStaff and Remedy at that site.
The investigation revealed that production and employment at
the subject firm declined during the period of January through May
of 2003 compared to the same period in 2002.
The investigation further revealed that company imports of
steel components increased 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 the skills of the worker group
are easily transferable to other positions.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with steel components produced at the
subject firm 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 The Scotts Company, including leased workers
of Manpower, TriStaff and Remedy, producing steel components
at the Temecula Operation, Temecula, California, who became
totally or partially separated from employment on or after
September 5, 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 The Scotts Company,
Temecula Operation, including leased workers of Manpower,
Tristaff and Remedy, Temecula, California are denied
eligibility for Alternative Trade Adjustment Assistance under
Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 24th day of October 2003.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance