Petitioner Type: Company
Impact Date: 11/03/2002
Filed Date: 11/14/2003
Most Recent Update: 12/15/2003
Determination Date: 12/15/2003
Expiration Date: 12/15/2005
Employment and Training Administration
TA-W-53,529
GENERAL BINDING CORPORATION
COMMERCIAL AND CONSUMER GROUP
INCLUDING TEMPORARY WORKERS FROM HAMILTON-RYKER
BOONEVILLE, MISSISSIPPI
Certification Regarding Eligibility
To Apply For Worker 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)(B) of
Section 222 have been met.
The investigation was initiated on November 14, 2003 in
response to a petition filed by a company official on behalf of
workers at General Binding Corporation, Commercial and Consumer
Group, Booneville, Mississippi. The workers at the subject
facility are engaged in the production of visual communication
products.
The investigation revealed that employment declined during the
period of January through October 2003 when compared to the same
period in 2002.
The investigation also revealed that the preponderance in the
declines in employment at the subject facility is related to a
shift in production of visual communication products to a country
(Mexico) that is a party to a free trade agreement with the United
States.
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 there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with the visual communication
products produced by the subject firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of General Binding Corporation, Commercial and
Consumer Group, Booneville, Mississippi, and temporary workers
of Hamilton-Ryker producing visual communication products at
General Binding Corporation, Commercial and Consumer Group,
Booneville, Mississippi, who became totally or partially
separated from employment on or after November 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.
"I further determine that all workers of General Binding
Corporation, Commercial and Consumer Group, Booneville,
Mississippi, and temporary workers of Hamilton-Ryker producing
visual communication products at General Binding Corporation,
Commercial and Consumer Group, Booneville, Mississippi, 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 15th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance