Petitioner Type: Workers
Impact Date:
Filed Date: 10/02/2003
Most Recent Update: 10/16/2003
Determination Date: 10/16/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,113
DAVIS LUMBER COMPANY, INC.
RUSH, KENTUCKY
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 of component parts to a
firm or subdivision primarily affected by increased imports or a
shift of 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 October 2, 2003, in
response to a petition filed on behalf of workers of Davis
Lumber Company, Inc., Rush, Kentucky. The workers produce
timbers for stacking and loading steel.
The investigation revealed that criteria 3.A and 3.B 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 did not supply a component to a primary
firm whose workers have been certified as trade impacted. The
timbers are not a component part of steel but are used in
loading and stacking of steel products.
Conclusion
After careful review, I determine that all workers covered
by this petition of Davis Lumber Company, Inc., Rush, Kentucky
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 16th day of October 2003.
/s/ Richard Church
__
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance