Petitioner Type: Company
Impact Date:
Filed Date: 10/23/2003
Most Recent Update: 12/01/2003
Determination Date: 12/01/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,327
PORTLAND PATTERN, INC.
WOOD DEPARTMENT
PORTLAND, OREGON
Negative Determinations 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 producers 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 23, 2003 in response to a petition filed by a company official on behalf of workers at Portland Pattern, Inc., Wood Department, Portland, Oregon. The workers at the subject firm produced industrial patterns, pump patterns and components.
The investigation revealed that criteria (2) has 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 workers firm was not a supplier or downstream producer to a firm that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance. That is, the patterns produced by the Wood Department, were not incorporated into the articles produced by a certified trade affected worker group. Furthermore, the workers did not assemble or finish products made by the trade affected company.
Conclusion
After careful review, I determine that all workers of Portland Pattern, Inc., Wood Department, Portland, Oregon are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 1st day of December 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,327
PORTLAND PATTERN, INC.
WOOD DEPARTMENT
PORTLAND, OREGON
Negative Determinations 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 producers 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 23, 2003 in response to a petition filed by a company official on behalf of workers at Portland Pattern, Inc., Wood Department, Portland, Oregon. The workers at the subject firm produced industrial patterns, pump patterns and components.
The investigation revealed that criteria (2) has 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 workers firm was not a supplier or downstream producer to a firm that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance. That is, the patterns produced by the Wood Department, were not incorporated into the articles produced by a certified trade affected worker group. Furthermore, the workers did not assemble or finish products made by the trade affected company.
Conclusion
After careful review, I determine that all workers of Portland Pattern, Inc., Wood Department, Portland, Oregon are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 1st day of December 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance