Petitioner Type: Workers
Impact Date: 12/19/2002
Filed Date: 12/31/2003
Most Recent Update: 01/27/2004
Determination Date: 01/27/2004
Expiration Date: 01/27/2006
Employment and Training Administration
TA-W-53,921
PAC-TEC, INC
D/B/A RAY-O-LITE PAVEMENT MARKERS & PALM-N-TURN
INCLUDING LEASED WORKERS OF
DIVERSIVIED SERVICES GROUP
HEATH, OHIO
Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated November 9, 2004, a state agency
representative requested ATAA consideration for workers at the
subject firm located in Heath, Ohio
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the plastic and rubber product
industry are adverse.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that the requirements of Section 246(a)(3)(A) of the
Trade Act of 1974, as amended, have been met for workers at the
subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Pac-Tec, Inc, d/b/a Ray-O-Lite Pavement
Markers & Palm-N-Turn, including leased Workers of
Diversified Services Group, Heath, Ohio, who became totally
or partially separated from employment on or after December
19, 2002 through January 27, 2006 are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 10th day of January 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,921
PAC-TEC, INC
D/B/A RAY-O-LITE PAVEMENT MARKERS & PALM-N-TURN
INCLUDING LEASED WORKERS OF
DIVERSIFIED SERVICES GROUP
HEATH, OHIO
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 December 31, 2003 in
response to a petition filed on behalf of workers at Pac-Tec, Inc.,
d/b/a Rayolite Pavement Markers & Palm-N-Turn, Heath, Ohio. The
subject firm also leased workers from Diversified Services Group.
The workers at the subject facility produced reflective pavement
markers and plastic prescription ware. They are not separately
identifiable by product or division.
The preponderance in the declines in employment at the subject
firm is related to a shift in production of reflective pavement
markers to a country (Mexico) 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 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 those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Pac-Tec, Inc., d/b/a Rayolite Pavement Markers
& Palm-N-Turn, Heath Ohio, including leased workers of
Diversified Services Group, who became totally or partially
separated from employment on or after December 19, 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 27th day of January 2004.
Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.