Petitioner Type: Company
Impact Date: 02/10/2003
Filed Date: 02/23/2004
Most Recent Update: 03/26/2004
Determination Date: 03/26/2004
Expiration Date: 03/26/2006
Employment and Training Administration
TA-W-54,335
FIBER INDUSTRIES, INC.
A SUBSIDIARY OF WELLMAN, INC.
INCLUDING LEASED WORKERS OF PINNACLE STAFFING AND BE&K
CHARLOTTE, NORTH CAROLINA
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 23, 2004 a company official
requested ATAA consideration for workers at the subject firm
located in Charlotte, North Carolina.
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 polyester fiber 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 Fiber Industries, Inc., a subsidiary of
Wellman, Inc., including leased workers of Pinnacle Staffing
and BE&K, Charlotte, North Carolina who became totally or
partially separated from employment on or after February 10,
2003 through March 26, 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-54,335
FIBER INDUSTRIES, INC.
A SUBSIDIARY OF WELLMAN, INC.
INCLUDING LEASED WORKERS OF PINNACLE STAFFING AND BE&K
CHARLOTTE, NORTH CAROLINA
Certification Regarding Eligibility to Apply for
Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on February 23, 2004 in
response to a petition filed by a company official on behalf of
workers of Fiber Industries, Inc., a subsidiary of Wellman, Inc.,
Charlotte, North Carolina. Workers of the subject firm produced
polyester fibers. The subject firm also leased workers from
Pinnacle Staffing and BE&K.
The investigation revealed that employment at the subject firm
decreased from 2002 to 2004.
The investigation further revealed that the subject firm is an
upstream supplier of component parts to firms producing textiles
that employed workers who were certified eligible to apply for
trade adjustment assistance and the loss of business by the subject
firm from these firms contributed importantly to the workers
separations at Fiber Industries, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of the subject firm qualify
as adversely affected secondary workers under Section 222 of the
Trade Act of 1974, as amended. In accordance with the provisions of
the Act, I make the following certification:
“All workers of Fiber Industries, Inc., a subsidiary of
Wellman, Inc., including leased workers from Pinnacle Staffing
and BE&K, Charlotte, North Carolina, who became totally or
partially separated from employment on or after February 10,
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."
Signed at Washington, D.C., this 26th day of March 2004.
/s/ Linda G. Poole
__
LINDA G. POOLE
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.