Petitioner Type: Workers
Impact Date: 11/04/2002
Filed Date: 11/05/2003
Most Recent Update: 11/17/2003
Determination Date: 11/17/2003
Expiration Date: 11/17/2005
Employment and Training Administration
TA-W-53,456
ASBURY FLUXMASTER OF UTAH, INC.
A SUBSIDIARY OF ASBURY CARBONS, INC.
SOS STAFFING
OGDEN, UTAH
Certification 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 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)(B) of
Section 222 have been met.
The investigation was initiated on November 5, 2003 in
response to a petition filed on behalf of workers at Asbury
Fluxmaster of Utah, Inc., a subsidiary of Asbury Carbons, Inc.,
Ogden, Utah. The workers at the subject firm produce aluminum
drossing agents. The workers are not separately identifiable by
product line.
The investigation revealed that Fluxmaster of Utah, Inc., a
subsidiary of Asbury Carbons, Inc., Ogden, Utah, leased some of its
production workers from SOS Staffing.
The preponderance in the declines in employment at the subject
facility is related to a shift of production of aluminum drossing
agents to a country (Canada) that is a party to a free trade
agreement with the United States.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Canada of articles that
are like or directly competitive with those produced by the subject
firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Asbury Fluxmaster of Utah, Inc., a subsidiary
of Asbury Carbons, Inc., Ogden, Utah; and leased workers of
SOS Staffing producing aluminum drossing agents at Asbury
Fluxmaster of Utah, Inc., a subsidiary of Asbury Carbons,
Inc., Ogden, Utah, who became totally or partially separated
from employment on or after November 4, 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."
Signed in Washington, D.C. this 17th day of November 2003
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance