Petitioner Type: Workers
Impact Date: 10/07/2002
Filed Date: 10/09/2003
Most Recent Update: 11/18/2003
Determination Date: 11/18/2003
Expiration Date: 11/18/2005
12/22/03
Employment and Training Administration
TA-W-53,194
PENN-UNION CORPORATION
EDINBORO, PENNSYLVANIA
Certification Regarding Eligibility to Apply for
Trade 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)(A) of
Section 222 have been met.
The investigation was initiated on October 9, 2003, in
response to a petition filed on behalf of the workers of Penn-Union
Corporation, Edinboro, Pennsylvania. Workers at the subject
facility produce electrical connectors; they are not separately
identifiable by product line.
The investigation revealed that employment and production
declined at the subject firm during January through August 2003
when compared with the same time period of the previous year.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of electrical
connectors in 2001, 2002 and January through September 2002 and
2003. This survey revealed that customers increased import
purchases while reducing purchases from the subject firm during the
period under investigation.
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 workers of the subject
firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with electrical connectors produced at
Penn Union Corporation, Edinboro, Pennsylvania, 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 Penn Union Corporation, Edinboro,
Pennsylvania, who became totally or partially separated from
employment on or after October 7, 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 Penn Union
Corporation, Edinboro, 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 18th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance