Petitioner Type: Union
Impact Date: 12/12/2002
Filed Date: 12/15/2003
Most Recent Update: 01/12/2004
Determination Date: 01/12/2004
Expiration Date: 01/12/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,796
SANDVIK MINING AND TUNNELING, LLC.
BOLT, WEST VIRGINIA
Certification Regarding Eligibility
To Apply for Worker Adjustment 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.
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 December 15, 2003 in response to a petition filed on behalf of workers of Sandvik Mining and Tunneling, LLC., Bolt, West Virginia. The workers of the subject facility produce mining equipment.
The investigation found that Sandvik Mining and Tunneling, LLC., shifted production of mining equipment to a country (Canada) that is a party to a free trade agreement with the United States during the relevant period.
The investigation revealed that employment at the subject firm has decreased by 100 percent due to a production shift to Canada.
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 determine that there has been 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 Sandvik Mining and Tunneling, LLC., Bolt, West Virginia who became totally or partially separated from employment on or after December 12, 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 are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.”
Signed at Washington, D.C., this 12th day of January 2004.
/s/ Linda G. Poole
__ LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,796
SANDVIK MINING AND TUNNELING, LLC.
BOLT, WEST VIRGINIA
Certification Regarding Eligibility
To Apply for Worker Adjustment 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.
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 December 15, 2003 in response to a petition filed on behalf of workers of Sandvik Mining and Tunneling, LLC., Bolt, West Virginia. The workers of the subject facility produce mining equipment.
The investigation found that Sandvik Mining and Tunneling, LLC., shifted production of mining equipment to a country (Canada) that is a party to a free trade agreement with the United States during the relevant period.
The investigation revealed that employment at the subject firm has decreased by 100 percent due to a production shift to Canada.
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 determine that there has been 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 Sandvik Mining and Tunneling, LLC., Bolt, West Virginia who became totally or partially separated from employment on or after December 12, 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 are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.”
Signed at Washington, D.C., this 12th day of January 2004.
/s/ Linda G. Poole
__ LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance