Petitioner Type: Workers
Impact Date: 02/09/2003
Filed Date: 02/11/2004
Most Recent Update: 03/22/2004
Determination Date: 03/22/2004
Expiration Date: 03/22/2006
Employment and Training Administration
TA-W-54,242
BADGER PAPER MILLS, INC.
PESHTIGO, WISCONSIN
Notice of Revised Determination
on Reconsideration
By letter dated April 19, 2004, a petitioner requested
administrative reconsideration regarding Alternative Trade
Adjustment Assistance (ATAA). The negative determination was
signed on March 22, 2004. The notice was published in the
Federal Register on May 24, 2004 (69 FR 29578).
The workers of Badger paper Mills, Inc., Peshtigo, Wisconsin
were certified for Trade Adjustment Assistance (TAA) on March 22,
2004.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
The petitioner alleges in the request for reconsideration
that the skills of the workers at the subject firm are not easily
transferable.
Additional investigation has determined that the workers
possess skills that are not easily transferable. A significant
number or proportion of the worker group are age fifty years or
over. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
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 Badger Mills, Inc., Peshtigo, Wisconsin, who
became totally or partially separated from employment on or
after February 9, 2003 through March 22, 2006, 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 in Washington, D.C. this 25th day of May 2004.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,242
BADGER PAPER MILLS, INC
PESHTIGO, WISCONSIN
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), the Department of Labor herein presents the results of
its 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)(A) of
Section 222 have been met.
The investigation was initiated on February 11, 2004 in
response to a petition filed on behalf of workers at Badger Paper
Mills, Inc., Peshtigo, Wisconsin. The workers produce paper
products.
The investigation revealed that sales, production and
employment at the subject firm declined from 2002 to 2003.
The Department of Labor surveyed the subject firm’s major
customers regarding their purchases of paper products in 2002 and
2003. The survey revealed increased imports in 2003.
In addition, in accordance with Section 246 of 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 possess skills
that are easily transferable to other positions.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with paper products produced at the
subject firm contributed importantly to the total or partial
separation of workers and to the decline in sales or production at
that firm or subdivision. In accordance with the provisions of the
Act, I make the following certification:
"All workers of Badger Paper Mills, Inc., Peshtigo, Wisconsin
who became totally or partially separated from employment on
or after February 9, 2003, 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 Badger Paper Mills,
Inc., Peshtigo, Wisconsin are denied eligibility for
Alternative Trade Adjustment Assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D. C. this 22nd day of March, 2004
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance