Petitioner Type: Workers
Impact Date:
Filed Date: 01/12/2004
Most Recent Update: 01/14/2004
Determination Date: 01/14/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,991
OMNI TECH CORPORATION
END-USER DIVISION
PEWAUKEE, WISCONSIN
Negative Determination 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. 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 January 12, 2004 in response to a petition filed on behalf of workers of Omni Tech Corporation, End-user Division, Pewaukee, Wisconsin. The workers of the subject division produced PCs and peripherals.
The investigation revealed that criteria (a) (2) (A) (I.C) and (a)(2)(B)(II.B) were not met.
The investigation revealed that worker separations at the subject division were directly related to the sale of the division to another domestic firm and its subsequent transfer to another domestic location.
Conclusion
After careful review of the facts obtained in this investigation, I determine that all workers of Omni Tech Corporation, End-user Division, Pewaukee, Wisconsin are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 14th day of January 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,991
OMNI TECH CORPORATION
END-USER DIVISION
PEWAUKEE, WISCONSIN
Negative Determination 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. 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 January 12, 2004 in response to a petition filed on behalf of workers of Omni Tech Corporation, End-user Division, Pewaukee, Wisconsin. The workers of the subject division produced PCs and peripherals.
The investigation revealed that criteria (a) (2) (A) (I.C) and (a)(2)(B)(II.B) were not met.
The investigation revealed that worker separations at the subject division were directly related to the sale of the division to another domestic firm and its subsequent transfer to another domestic location.
Conclusion
After careful review of the facts obtained in this investigation, I determine that all workers of Omni Tech Corporation, End-user Division, Pewaukee, Wisconsin are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 14th day of January 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance