Petitioner Type: Company
Impact Date: 08/28/2002
Filed Date: 09/26/2003
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-53,034
C&C SMITH LUMBER COMPANY, INC.
SUMMERHILL, PENNSYLVANIA
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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on September 26, 2003 in
response to a petition filed by the company on behalf of workers of
C&C Smith Lumber Company, Inc., Summerhill, Pennsylvania. The
workers produce turning squares for furniture parts.
The investigation revealed that employment declined during the
relevant period.
The investigation revealed that C&C Smith Lumber Company,
Inc., Summerhill, Pennsylvania supplied turning squares for
furniture parts used in the production of furniture and loss of
business by manufacturers of furniture, whose workers were
certified eligible to apply for adjustment assistance, contributed
importantly to worker separations.
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 employees engaged in the
production of turning squares for furniture parts possess skills
that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of C&C Smith Lumber
Company, Inc., Summerhill, Pennsylvania qualify as adversely
affected secondary workers under Section 222 of the Trade Act of
1974, as amended. In accordance with the provisions of the Act, I
make the following certification:
"All workers of C&C Smith Lumber Company, Inc., Summerhill,
Pennsylvania 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."
and;
"I further determine that all workers of C&C Smith Lumber
Company, Inc., Summerhill, Pennsylvania 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/ Elliott S/ Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance