Petitioner Type: State
Impact Date: 11/17/2002
Filed Date: 11/18/2003
Most Recent Update: 12/23/2003
Determination Date: 12/23/2003
Expiration Date: 12/23/2005
Employment and Training Administration
TA-W-53,575
POLYONE CORPORATION
WYNNE, ARKANSAS
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 (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 a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on November 18, 2003 in
response to a petition filed by a state representative on behalf of
workers at PolyOne Corporation, Wynne, Arkansas. The workers at
the subject facility produce Elastomers.
The investigation revealed that PolyOne Corporation, Wynne,
Arkansas supplies component parts for rubber hoses and a loss of
business with a manufacturer (whose workers were certified eligible
to apply for adjustment assistance) contributed importantly to the
workers separation or threat of separation.
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' skills are
easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of PolyOne Corporation,
Wynne, Arkansas qualify as adversely affected secondary workers
under Section 222 of the Trade Act of 1974, as amended.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of PolyOne Corporation, Wynne, Arkansas who
became totally or partially separated from employment on or
after November 17, 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 PolyOne Corporation,
Wynne, Arkansas are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed at Washington, D.C., this 23rd of December, 2003.
/s/Linda G. Poole
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LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance