Petitioner Type: Union
Impact Date:
Filed Date: 10/01/2003
Most Recent Update: 11/06/2003
Determination Date: 11/06/2003
Expiration Date:
Employment and Training Administration
TA-W-53,094
EASTMAN MACHINE COMPANY
BUFFALO, NEW YORK
Negative Determination Regarding Eligibility
To Apply for Worker 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 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. The group eligibility requirements for
directly-impacted (primary) workers under Section 222(a) the Trade
Act of 1974, as amended, can be satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such workers'
separation or threat of separation and to the decline in
sales or production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on October 1, 2003 in response
to a petition filed by International Union, United Automobile,
Aerospace, and Agricultural Implement Workers of America (UAW),
Local 936 on behalf of workers at Eastman Machine Company, Buffalo,
New York. The workers at the subject unit produce manual and
automatic cutting machines.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm's sales and
production have been stable.
The subject firm has not shifted production of manual and
automatic cutting machines from the Buffalo, New York plant to a
foreign country.
The petitioner claims the subject firm is increasing imports
of components for the machinery produced by the subject firm. The
investigation confirms that the subject firm is importing
components. Imports of components, however, cannot be considered
like or directly competitive with the manual and automatic cutting
machines produced by the subject firm.
Conclusion
After careful review, I determine that all workers of Eastman
Machine Company, Buffalo, New York, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 6th day of November, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance