Petitioner Type: Union
Impact Date: 10/03/2002
Filed Date: 10/17/2003
Most Recent Update: 12/03/2003
Determination Date: 12/03/2003
Expiration Date: 12/03/2005
Employment & Training Administration
TA-W-53,278
SHERWOOD HARSCO CORPORATION
FLUID CONTROL GROUP
LOCKPORT, NEW YORK
TA-W-53,278A
SHERWOOD HARSCO CORPORATION
FLUID CONTROL GROUP
NIAGARA FALLS, NEW YORK
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 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 investigation was initiated on October 17, 2003,
in response to a petition filed by the United Autoworkers
of America, Local 686 on behalf of the workers at Sherwood
Harsco Corporation, Fluid Controls Group, Lockport, New
York (TA-W-53,278) and Sherwood Harsco Corporation, Fluid
Controls Group, Niagara Falls, New York (TA-W-53,278A).
Workers at Sherwood Harsco Corporation, Fluid Controls
Group, Lockport, New York (TA-W-53,278) produce industrial
valves. The investigation revealed that production and
employment at the subject firm declined from January
through September 2003 when compared to the same time
period in 2002.
Workers at Sherwood Harsco Corporation, Fluid Controls
Group, Niagara Falls, New York (TA-W-53,278A) provide
assembly and finishing work for industrial valves.
The investigation revealed that sales, production,
and employment at the subject firm declined from January
through September 2003 when compared to the same time
period in 2002.
The Department of Labor surveyed the subject firm's
major customers regarding their purchases of industrial
valves. This survey revealed increases in customer imports
of industrial valves during the relevant time period.
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.
In order for the Department to issue a certification
of eligibility to apply for ATAA, the group eligibility
requirements of Section 246 of the Trade Act must be met.
The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the firm are age 50
or over and possess skills that are not easily
transferable. Competitive conditions within the industry
are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of
articles like or directly competitive with those produced
at Sherwood Harsco contributed importantly to the decline
in sales or production and to the total or partial
separation of workers of that firm. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Sherwood Harsco Corporation, Fluid
Controls Group, Lockport, New York (TA-W-53,278) and
Sherwood Harsco Corporation, Fluid Controls Group,
Niagara Falls, New York (TA-W-53,278A) who became
totally or partially separated from employment on or
after October 3, 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 are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade
Act of 1974."
Signed at Washington, D.C., this 3rd day of December, 2003.
/s/LINDA G. Poole
LINDA G. POOLE
Certifying Officer, Division
of Trade Adjustment Assistance