Petitioner Type: Union
Impact Date: 10/30/2002
Filed Date: 11/19/2003
Most Recent Update: 01/20/2004
Determination Date: 01/20/2004
Expiration Date: 04/13/2006
Employment and Training Administration
TA-W-53,585
SEALED AIR CORPORATION
SALEM, ILLINOIS
Notice of Revised Determination
Regarding Application for Reconsideration
By application of February 25, 2004, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA).
The initial investigation resulted in a negative
determination issued on January 20, 2004, because the
"contributed importantly" test of the Group Eligibility
Requirements of the Trade Act was not met for workers at the
subject firm. The workers produce padded mailing envelopes. The
denial notice was published in the Federal Register on March 12,
2004 (69 FR 11888).
The petitioner alleges that Sealed Air Corporation, Salem,
Illinois produced more products than just mailing envelopes and
that fifty percent of the plant production was extruded plastic
foam. The petitioner further states that while production of
paper envelopes was shifted domestically, production of plastic
foam was shifted to Mexico upon the subject plant’s closure. To
support this statement, the petitioner attached copies of the
Bill of Landing, which show the shipment of machinery from the
subject facility to Mexico.
A company official was contacted to verify this information.
Upon further review, it was revealed that some workers at Sealed
Air Corporation, Salem, Illinois were indeed engaged in the
production of plastic foam during the relevant period; they were
separately identifiable. A company official confirmed that
approximately fifty percent of production of plastic foam was
shifted to Mexico in 2003 and that this shift contributed
importantly to layoffs at Sealed Air Corporation in Salem,
Illinois.
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 there was a shift in production from
the workers’ firm or subdivision to Mexico of articles that are
like or directly competitive with plastic foam produced by the
subject firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Sealed Air Corporation, Salem, Illinois,
engaged in the production of plastic foam, who became totally
or partially separated from employment on or after October 30,
2002 through two years from the date of this certification,
are eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed at Washington, D.C., this 13th day of April, 2004
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,585
SEALED AIR CORPORATION
SALEM, ILLINOIS
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on November 19, 2003, in
response to a petition filed by Laborers’ International Union of
North America, Local 528, on behalf of workers of Sealed Air
Corporation, Salem, Illinois. The workers produce padded mailing
envelopes.
The investigation revealed that criteria I.C and II.B were not
met.
The subject firm did not shift production of padded mailing
envelopes to an offshore location, nor has it increased its imports
of padded mailing envelopes.
The Department of Labor conducted a survey of the subject
firm’s major declining customers regarding their purchases of
padded mailing envelopes during 2001, 2002, and 2003. The survey
revealed that major customers did not increase their purchases of
imported padded mailing envelopes, while decreasing their
purchases from the subject firm during the relevant time period.
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 assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Sealed
Air Corporation, Salem, Illinois, 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 20th day of January, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance